Correctional System of the Philippines

The Correctional System in the Philippines is composed of six agencies under three distinct and separate
departments of the national government. That three departments of the national government are the following:

1. The Department of Justice

2. The Department of the Interior and Local Government

3. The Department of Social Welfare and Development

Bureau of Corrections - is an agency under the Department of Justice mandated to carry out institutional
rehabilitation programs of the government for national ofenders, those sentenced to more than three years and
to ensure their safe custody. It is composed of seven operating institutions located all over the country to accept
national prisoners. The central ofce is located in the New Bilibid Prison, uuntinlupa City, uetro uanila, where the
director, the assistant director and the general administration staf are holding ofcial functions.

Bureau of Correction uandate - The rehabilitation of national prisoners.

Bureau of Correction Slogan - bringing back the dignity of man.

Bureau of Correction Principles

- accomplishing its mandated objectives and performing its assigned

functions.

1. To confne prisoners by giving them adequate living spaces as the

frst conditions to be met before any efective

rehabilitation programs can be undertaken.

2. To prevent prisoners fro commitng crime while in custody.

3. To provide humane treatment by afording them human basic

needs in the prison environment and prohibiting

cruel methods and provide a variety of rehabilitation program.

Bureau of Corrections Operating Institutions

1. New Bilibid Prisons - uuntinlupa City

2. Correctional Institution for Women - uandaluyong City

3. Iwahig Prison and Penal Farm - Puerto Princesa City

4. Davao Prison and Penal Farm - Davao del Norte

5. Sablayan Prison and Penal farm - Occidental uindoro

6. San Ramon Prison and Penal Farm - Zamboanga City

7. Leyte Regional Prison - Leyte

Institutional Programs

1. Inmate work program

2. Health care

3. education and skills training

4. Recreation and Sports

5. Religious guidance and behavior modifcation using the therapeutic

community approach.

Penal uanagement

Corrections - is typically carried out by government agencies and involves the punishment, treatment, and

supervision of persons who have been convicted of crimes.

Penology - The study of the punishment of crime and prison management.Is a section of criminology that deals
with the philosophy and practice to repress criminal activities via an appropriate treatment and supervision of
persons convicted of criminal ofenses.

Punishment - is the infiction or imposition of a penalty as retribution for an ofense..The penalty inficted..

Prison reform - is the atempt to improve conditions inside prisons and aiming a a more efective penal system.

Prison - is a place in which people are physically confned and usually deprived of a range of personal freedoms.

Jail - is a short term detention facility.

Halfway house - also called recovery house or sober house - is a place to allow people to begin the process of
reintegration with society while still providing monitoring and support; this is generally believed to reduce the risk
of recidivism or relapse when compared to a release directly into society.

Rehabilitation - it came from latin word .habilis. literally ft or suitable. Its meaning was expanded to mean
.restore to sound operation. or .to establish the good reputation..

Solitary confnement - is a special form of imprisonment in which a prisoner is isolated fro any human contact,
though ofen with the exception of members of prison staf.

Jail

a place of detention; a place where a person convicted or suspected of a crime is detained.

BJuP

DILG

holds people awaiting trial and people sentenced for a short duration.

Prison

a place of long term confnement for those convicted of serious crimes.

Bureau of Corrections

DOJ

holds people convicted of crimes;sentenced for a longer term.

Zebulon Reed Brockway - regarded as the father of prison reform in the United States. Believed that the primary
reason to have a prisoner in custody was to rehabilitate and not simply to punish. Warden at the Elmira
reformatory from 1876 to 1900. He introduced the following:

a program of education

training in useful trades

physical activity

indeterminate sentence

inmate classifcation

incentive program.
Alexander uaconochie - (1787 -1860) - a Scotsh naval ofcer, geographer and penal reformer. His two basic
principle of penology were that:

as cruelty debases both the victim and society, punishment should not be vindictive but should aim at the reform
of the convict to observe social constraints.

a convicts imprisonment should consist of task, not time sentences with release depending on the performance of
a measurable amount of labor.

uodern Form/uethod of Punishment

Execution - for capital ofenses. ex. death by lethal injection

Imprisonment/Incarceration

Fines

Probation and Parole

House Arrest - is a measure by which a person is confned by the authorities to his or her residence. Travel is
usually restricted if allowed at all.

Ancient Form/uethod of Punishment

shame punishment

exile/banishment

payment to the victim

branding - (Stigmatiiing) - is the process by which a mark is burned into the skin of a living person.

fogging - (fagellation) - is the act of methodically beating or whipping the human body.

mutilation - (maiming) - is the act of physical injury that degrades the appearance or function of any living body
usually without causing death.

burning

beheading

torture

* In the Philippines so far, 17 persons were executed

by hanging, 84 persons were executed by electric

chair, 7 persons were executed by lethal injection.

* uajority of inmates confned in national prison did

not fnish high school, 6% never went to school or

were illiterate and 3% earned a college degree.

Probation Law of the Philippines PD 968

What is Probation? ans.- is a disposition under which a defendant afer conviction and sentence is released subject
to conditions imposed by the court and to the supervision of a probation ofcer.

Who can apply for Probation? ans. any frst time convicted ofender who is 18 years old or above.

Is probation a right? ans. no, it is a mere privilege for adult ofenders. Under RA 9344 (Juvenile Justice and Welfare
Act of 2006) a child in confict with the law (CICL) is granted the right to probation as an alternative to
imprisonment if qualifed under the Probation law.

Where shall an application for Probation be fled? ans. the application shall be fled with the court that tried and
sentenced the ofender.

What will happen if the application for Probation is denied? ans. the ofender will be sent by the sentencing court
to prison to serve his sentence.

When should an application for Probation be fled? ans. anytime before the ofender starts serving his sentence
but within 15 days from the promulgation of notice of judgment of conviction. Under section 42 of RA 9344, The
Juvenile Justice and Welfare Act of 2006, the court may afer it shall have sentenced a child in confict with the law
and upon application at anytime placed the child on probation in lieu of service of his sentence.

uay an ofender be released from confnement while his application for Probation is pending? ans. yes, the
applicant may be released under the bail he fled in the criminal case or under recogniiance.

How many times can one be granted Probation? ans. only once.
RULES ON GRANT OF PROBATION

Afer having convicted and sentenced a defendant, the trial court may suspend the execution of the sentence and
place the defendant on probation, upon application by the defendant within the period for perfecting an appeal.

Probation may be granted whether the sentenced imposed a a term of imprisonment or fne only.

No application for probation shall be entertained or granted if the defendant has perfected an appeal.

Filing of application for probation operate as a waiver of the right to appeal.

The order granting or denying probation shall not be appealable.

Accessory penalties are deemed suspended once probation is granted.

The convict is not immediately put on probation. There shall be a prior investigation by the probation ofcer and a
determination by the court.

Will Probation be automatically granted to one whose sentence is 6 years or less? ans. no, the applicant may be
denied by the court if:

1. The ofender would be beter rehabilitated if he/

she is sent to prison to serve his/her sentence.

2. There is undue risk that the ofender will likely

commit another crime.

3. Probation will depreciate the seriousness of the

ofense commited.

Under section 70 of RA 9165, the Comprehensive Dangerous Drugs Act of 2002, the court may in its discretion,
placed the accused under probation even if the sentence provided under section 11 of the act is higher than that
provided under the probation law.

What will happen if a probationer violates the conditions of probation? ans.

1. The court may modify the conditions of probation

or revoke the same.

2. If the violation is serious, the court may order the

probationer to serve his prison sentence.

3. The probationer may also be arrested and criminally

prosecuted if the violation is a criminal ofense.

The court order shall not be subject to appeal.

Probation is not coterminous with its period. There must be an order issued

by the court discharging the probationer. Upon

fnding that he has fulflled the terms and conditions of his probation, the court may order the fnal discharge of
the probationer.

This shall have the following efects:

a. case is deemed terminated.

b. all civil rights suspended or lost are

restored.

c. ofender's liability for any fne imposed is

discharged.

Who are disqualifed from the benefts of probation: ans.

1. Those sentenced to serve a prison term of more 6 years.

2. Those convicted of any crime against the national

or the public order.

3. Those previously convicted of an ofense which is

punished by imprisonment of not less that one

month and one day imprisonment and/or a fne of

not less than P200.

4. Those who have been placed on probation once.

5. Those serving sentence.

6. Those whose conviction is on appeal.

7. Those convicted of an ofense against the omnibus

election code, insurgency law, wage rationaliiation

act.

There are two kinds of conditions imposed upon the ofender under probation:
1. uandatory or general – once violated, the

probation is cancelled.

1) To report to the probation ofcer within 72

hours afer he receives the order of the court

granting probation.

2) To report to his probation ofcer at least once a

month.

3) not to commit any other ofense while on

probation.

2. Discretionary or special – additional conditions

which the court may additionally impose for the

probationer’s correction and rehabilitation outside prison. The enumeration is not exclusive, as long

as the probationer’s Constitutional rights are not

jeopardiied.

How long is the period of probation? ans.

1. not more than 2 years if the sentence of the

ofender is 1 year or less.

2. not more than 6 years if the sentence is more than

one year.

3. When the penalty is a fne only and the ofender

is made to serve subsidiary imprisonment, probation

shall be twice the total number of days of subsidiary

imprisonment

What is Parole? ans. it is the release of a prisoner from prison afer serving the minimum period of his
indeterminate sentence.
Who can not be granted parole? ans. generally, those sentenced to a term of imprisonment of one year or less or
to a straight penalty or to a prison sentence without a minimum term of imprisonment.

Who may grant parole to a prisoner? ans. the board of pardon and parole, an agency under the Department of
Justice.

When may a prisoner be granted parole? ans. whenever the board of pardon and parole fnds that there is a
reasonable probability that if released, the prisoner will be law abiding and that his release will not be
incompatible with the interest and welfare of society and when a prisoner has already served the minimum
penalty of his/her indeterminate sentence of imprisonment.

What happens if a parolee violates the conditions of his parole? ans. he shall be rearrested and recommited or
returned to prison to served the unexpired portion of the maximum period of his sentence.

What is executive clemency? ans. it refers to the commutation of sentence, conditional pardon and absolute
pardon may be granted by the president upon recommendation of the board.

What is commutation of sentence? ans. it is the reduction of the period of a prison sentence.

What is conditional pardon? ans. it is the conditional exception of a guilty ofender for the punishment imposed by
a court.

What is absolute pardon? ans. it is the total extinction of the criminal liability of the individual to whom it is
granted without any condition whatsoever resulting to the full restoration of his civil rights.

Who may fle a petition for conditional pardon? ans. a prisoner who has served at least one half of the maximum of
the original indeterminate and/or defnite prison term.

Who may grant commutation of sentence and pardon? ans. the president.

Who may fle a petition for commutation of sentence?

ans. the board may review the petition of a prisoner

for commutation of sentence if he/she meets the following minimum requirement:

at least 1/2 ( one half) of the minimum of his indeterminate and/or defnite prison term or the aggregate
minimum of his determinate and/or prison terms.

at least 10 years for prisoners sentenced to one reclusion perpetua or one life imprisonment, for crimes/ofenses
not punishable under RA 7659 and other special law.

at least 12 years for prisoners whose sentences were adjusted to 40 years in accordance with the provisions of
article 70 of the RPC as amended.

at least 15 years for prisoners convicted of heinous crimes as defned in RA 7659 commited on or afer January 1,
1994 and sentenced to one reclusion perpetua or one life imprisonment.

at least 17 years for prisoners sentenced to 2 or more reclusion perpetua of life imprisonment even if their
sentences were adjusted to 40 years in accordance with the provision of article 70 of the RPC as amended.

at least 20 years for those sentenced to death which was automatically commuted or reduced to reclusion
perpetua.

Who may fle a petition for absolute pardon? ans. one may fle a petition for absolute pardon if he had served his
maximum sentence or granted fnal release and discharge or court termination of probation.

Is a prisoner who is released on parole or conditional pardon with parole conditions placed under supervision? ans.
yes, the prisoner is placed under the supervision of a probation and parole ofcer.

PD 968 - Probation law of 1976 - this is the title of the decree/law. It took efect July 24, 1976.

Purpose of the law

promote the correction and rehabilitation of an ofender by providing him with individualiied treatment.

provide an opportunity for the reformation of a penitent ofender which might be less probable if he were to serve
a prison sentence.

prevent the commission of ofenses.

Probationer - a person placed on probation.

Probation ofcer - one who investigates for the court a referral for probation or supervises a probationer or both.

The Probation administration shall be headed by the Probation administrator who shall be appointed by the
president of the Philippines.

There shall be an assistant probation administrator who shall assist the administrator perform such duties as may
be assigned to him by the later and as may be provided by law.
Qualifcations of the Administrator and Assistant Probation Administrator.

at least 35 years of age

holder of a masters degree or its equivalent in either criminology, social work, corrections, penology, psychology,
sociology, public administration, law, police science, police administration or related feld.

at least 5 years of supervisory experience or be a member of the Philippine bar with at least 7 years of supervisory
experience.

Regional Probation ofcer and Assistant regional Probation Ofcer - appointed by the president upon the
recommendation of the Secretary of Justice.

Provincial and City Probation ofcer - appointed by the Secretary of justice upon the recommendation of the
administrator and in accordance with civil service law and rules.

Qualifcations of Regional, Assistant Regional, Provincial and City Probation ofcers.

Bachelors degree with a major in social work, sociology, psychology, criminology, penology, corrections, police
science, administration or related felds.

at least 3 years in work requiring any of the above mentioned disciplines or is a member of the Philippine bar with
at least 3 years of supervisory experience.

when practicable, the provincial or city probation ofcer shall be appointed from among qualifed residents of the
province or city where he will be assigned to work.