PENAL PROVISIONS ON CORRECTION 

1. The Philippine Constitution of 1987 

a. Section 11, Article II 

b. Section 18, (1&2) Article III 
c. Section 19, (2) Article III 

2. The Philippine Probation Law (PD 968) 

3. The Revised Penal Code 

a. Delay in the Delivery of detained Persons to the Proper Judicial Authorities (Art. 125,
RPC)  
A felony committed by a public officer or employee who shall detain any person  for some
legal ground and shall fail to deliver such person to the proper judicial  authorities within the period
of: 
12 hours – for crimes or offenses punishable by light penalties; 

18 hours – for crimes or offenses punishable by correctional offenses; Thirty-six hours – for

crimes or offenses punishable by afflictive or capital penalties. 

The crime of arbitrary detention is committed when the detention of a person is  without
legal ground. The legal grounds of detention are: 
1. Commission of a crime 

2. Violent insanity or other ailment requiring compulsory confinement. b.

Delivery of Prisoners from Jail (Art. 156, RPC) 

Elements: 

1. The offender is a private individual. 

2. He removes a person confined in jail or a penal institution or helps in the escape of such a
person. 
3. The means employed are violence, intimidation, bribery, or any other means.

c. Conniving with or Consenting to Evasion (art. 223) 

Committed by a public officer who has custody of the prisoner and helps a prisoner
under his custody to escape.  
d. Evasion of Service of Sentence (Art. 157-159, RPC) 

Evasion of Service under Art 157: 

Elements: 

1. Offender is a prisoner serving sentence involving deprivation of liberty because of final

judgment, 
2. He evades the service of his sentence during the term of his imprisonment. 

e. Evasion of Service of Sentence on the Occasion of Disorders due to

conflagration, Earthquakes, or Other Calamities (Art. 158, RPC) 
Elements: 

1. Offender is a prisoner serving sentence and is confined in a penal institution; 2. He

evades his sentence by leaving the institution; 

3. He escapes on the occasion of a disorder due to conflagration, earthquake, explosion, or

similar catastrophe or mutiny in which he has not participated; and 
4. He fails to give himself up to the authorities within 48 hours following the Chief Executive’s
issuance regarding the passing away of the calamity. 
The infidelity of Public Officers 

1. Infidelity in the custody of Prisoners through Connivance (Art. 223, RPC) - A felony

committed by any public officer who shall consent to the escape of a prisoner in his custody
or charge. 
2. Infidelity in Prisoners' custody through Negligence (Art. 224) - A felony committed
by a public officer when the prisoner under his custody or charge escaped through
negligence on his part. 
Other Offenses or Irregularities by Public Officers 

Maltreatment of Prisoner (Art. 235, RPC) 

Elements:

1. Offender is a public officer or employee

2. He overdoes himself in the correction or handling of such prisoner by the imposition
of punishment not authorized by regulation or by inflicting such punishment in a cruel or
humiliating manner. 
The felony of physical injuries is committed if the accused does not charge a detained
prisoner and maltreats him. And if the purpose is to extort a confession, grave coercion is
committed. 
4. Laws to decongest jails 

a. Presidential Decree No. 968- Adult Probation Law that grants probation to prisoners
sentenced to prison term of not more than six years and one day. 
b. Act # 4103, as amended- creating the Boards of Pardons and Parole, tasked to look into the
physical, mental and moral record of prisoners to determine who shall be eligible for parole or
conditional pardon. 
c. Republic Act # 9344, amended by Republic Act # 10630- an act strengthening the juvenile
justice system in the Philippines, amending for the purpose Republic Act # 9344, otherwise known
as the “juvenile justice and welfare act of 2006” and appropriating funds therefor. 
SEC. 3. Section 6 of Republic Act No. 9344 is hereby amended to read as follows: 

“SEC. 6. Minimum Age of Criminal Responsibility. – A child fifteen (15) years of age or under at the
time of the commission of the offense shall be exempt from criminal liability. However, the child
shall be subjected to an intervention program pursuant to Section 20 of this Act. 
“A child above fifteen (15) years but below eighteen (18) years of age shall likewise be exempt
from criminal liability and be subjected to an intervention program, unless he/she has acted with
discernment, in which case, such child shall be subjected to the appropriate proceedings in
accordance with this Act. 
“The exemption from criminal liability herein established does not include exemption from civil
liability, which shall be enforced in accordance with existing laws.” 
Supplementary reading. Check on the link below to gain more knowledge on the welfare of
children in conflict with the law. 
https://www.officialgazette.gov.ph/2013/10/03/republic-act-no-10630/ 

d. Republic Act # 6036- the release on recognizance law, providing the release of offenders
charged with an offense whose penalty is not more than six months and/or a fine of two
thousand pesos or both, to the custody of a responsible person in the community, instead of
bail bond.
e. Republic Act # 6127, Article 29 of Act # 3815- fully deducts the period of the offender’s
preventive detention from the sentence imposed by the court. f. Batas Pambansa Bilang 85-
authorizes the release of a detainee who has undergone preventive imprisonment equivalent
to the maximum imposable sentence for the offense he is charged with.