INSTITUTIONAL CORRECTIONS

CORRECTIONS
- The branch of the administration of Criminal Justice charged with the responsibility for the
custody, supervision and rehabilitation of convicted offenders.
- The fourth pillar of the CJS
- Considered as the weakest pillar of the CJS
2 FORMS OF CORRECTIONS:
1. INSTITUTIONALIZED CORRECTION
- The rehabilitation of offenders in jail or prison.
2. COMMUNITY BASED CORRECTION
- Refers to correctional activities that may take place within the community.
PURPOSES OF CONFINEMENT:
To segregate offenders from society; and
To rehabilitate him so that upon his return to the society he shall be responsible and law abiding
citizen.
2 legal grounds for detaining a person:
1. commission of a crime
2. violent insanity or any other ailment that needs compulsory confinement in a hospital.
Admission Procedures in Prison:
1. receiving;
2. Checking commitment papers;
3. Establishing identity of the prisoner;
4. Searching the prisoner;
5. Assignment to quarters
Quarantine Unit or Cell:
it is a unit or cell in the prison or jail or a section of the RDC where the prisoners are given
thorough physical examination including blood test, x-rays, inoculation and vaccination.
Purpose:
to insure that the new prisoner is not suffering from any contagious disease which might
be transferred to other prisoners.
PRE-RELEASE TREATMENT
It is the program specifically designed and given to a prisoner, during a limited period,
prior to his release, in order to give him an opportunity to adjust himself from the regimented group
like in prison to the normal, independent life of a free individual.
INSTITUTIONAL CUSTODY, SECURITY AND CONTROL
Aims of institutional security:
1. To prevent escape;
2. To control entry of contrabands;
3. Maintenance of good order
CUSTODY – Defined as the guarding of penal safekeeping. It involves security measures, locking
and
counting routines, produces for searching prisoners and their living quarters, and prevention of
contraband.
CONTROL – It involves supervision of prisoners to insure punctual and orderly movement to and
from the dormitories, places of work, church, hospitals, and recreational facilities in accordance with
the daily schedule.
Contraband - anything that is contrary to prison rules and regulations
Prison Discipline – it is the continuing state of good order and behavior in prison. It includes the
maintenance of good standards of work, sanitation, safety, education, personal health and
recreation.
PREVENTION DISCIPLINE – Involves prompt correction of minor deviations before they become
serious violations, which may be dealt with a reprimand or warning and is used when the deviation
is:
trivial
due to ignorance or lack of understanding; or
the result of careless or faulty habits.
DIVERSIFICATION - Is an administrative device of correctional institutions of providing varied and
flexible types of physical plants for the effective control of the treatment programs of its diversified
population.
- Diversification may be done either:
a. By a building special institution for different classed of prisoners which is more
desirable since it provides proper segregation of groups and more effective
execution of the treatment program, or
b. Providing separate facilities within a single institution itself, that is, big institution may
be broken into smaller units.
- FACTORS CONSIDERED IN DIVERSIFICATION
a. AGE
b. SEX
c. MEDICAL OR MENTAL CONDITIONS
d. DEGREE OF CUSTODY – the most common used factor in diversification
RECEPTION AND DIAGNOSTIC CENTER (RDC) - This is a special unit of prison where new
prisoners
undergo diagnostic examination, study and observation for determining the program of treatment
and training best suited to their needs and the institution to which they should be transferred.
- RDC’s STAFF
PSYCHIATRISTS
PSYCHOLOGISTS
SOCIOLOGISTS
EDUCATIONAL COUNSELOR
VOCATIONAL COUNSELOR
CHAPLAIN
MEDICAL OFFICER
COSTODIAL CORRECTIONA
Terms:
1: CORRECTIONS

 A branch of the administration of the criminal justice system charged with the
responsibility for the custody supervision and rehabilitation of convicted offenders.
 It is the fourth and it is considered to be weakest pillar of the criminal justice in the
Philippines
 It is considered to be the weakest pillar because of failure to deter individuals in
committing crimes as well as the
reformation of criminal offenders

2: CORRECTIONAL ADMINISTRATION

Study of practice in systematic management concerned with the custody ,treatment and
rehabilitation of criminal offenders.

3: CORRECTION AS A PROCESS

Refers to the reorientation of the criminal offender to prevent him or her from repeating his deviant
(abnormal) or delinquent (criminal, felonious, wrong) actions without the necessary of taking punitive
actions but rather the introduction of individual measures of reformation.

4:CLASSIFICATION

 It is a method by which diagnosis ,treatment ,planning and execution of

treatment program in individual case

 This of these refers to the assigning or grouping of offenders according to their

sentence, gender, age, nationality, health, criminal record, etc.

5: CRIMINAL JUSTICE SYSTEM

It is the machinery used by a government to protect the society against criminality and other peace
and order problems.

6: CUSTODY

 Guarding and penal safe keeping

 The maintenance of care and protection accorded to people who by authority of law are
temporarily incarcerated (confined, imprison, locked up.. ) for violation of laws and also those
who were sentenced by the court to serve judgment.

7: CONTROL

Control involves supervision of prisoners to insure punctual and orderly movement to and from the
dormitories ,place of work ,church, hospitals recreational facilities ,in accordance with the daily
schedules .

8: COUNSELLING

It Is defined as a relationship in which one endeavors to help another and solve his problem of
adjustment it is distinguished from advice and admonition in that it implies mutual consent .

9: CASE WORK

In correctional work includes the professional service rendered by professionally trained personnel
in the description and social treatment of offenders .

10: CONTRABAND

Is anything found in the possession of the prisoner contrary to rules and regulation

11: DISCIPLINE
  It has also been defined as a continuing state of good order and behavior

 It includes the maintenance of good standards of work ,sanitation ,safety, education

personal health and recreation.

12 INSTITUTION-BASED CORRECTION PRACTICES

Offenders found guilty and sentenced by the Courts for confinement are categorized based on their
length of sentence into either a municipal ,city ,provincial or national prisoner facilities based on these
categorizations

13; DIVERSIFICATION

The principle of separating homogenous type of prisoners that requires special treatment and
custody .

14: IMPRISONMENT

The process putting of offenders in prison for the purpose of protecting the public and at the same
time rehabilitating them by requiring the latter to undergo institutional
treatment Program

15: MORALE

Is the mental condition of individuals or group regarding courage ,zeal, hope and confidence in the
present principle and way
of life

16: PENOLOGY

 The study of punishment for the crime or of the criminal offenders

 Is a term derived from the latin word POENA which means pain or suffering
 Otherwise known as Penal science
 Can be defined as the division of criminology that deals with the prison management
and treatment of offenders and concerned itself with the philosophy and practice of society in
its effort to
repress criminal activities

17:PUNISHMENT

It is the redress that the state takes against an offending members for the transgression of law .

18: PENALTY

The suffering that the state takes against the offending members for the transgression of law .

19: PENAL MANAGEMENT

It is the manner or practice or controlling places of confinement like jails or prison

20: PROSELYTIZING

The act of prisoner trying to convert or induce another to change his religious belief, sect or the like
to another

21: CONTRABAND

Any article, item or thing prohibited by law and /or forbidden by jail rules

22; DETAINEE

A person accused before a court or competent authority who is temporarily confined in jail while
undergoing investigation or waiting for final judgment.

23: ESCAPE

An act of getting out unlawfully from confinement or custody by an inmate

24: INMATE

It refers to either a prisoner or detainee confined in jail

25: PRISONER

An inmate who was convicted by final judgment and classified as insular ,city or Municipal .

26: MITTIMUS

A warrant issued by a court bearing its seal and signature of the judge ,directing the jail or prison
authorities to receive inmates for custody or service of sentence imposed therein

27: COMMITMENT ORDER

A written order of the court or any other competent authority consigning an offender to jail or prison
for confinement

28: SAFE KEEPING

 The temporary custody of a person for his own protection .safety or care and his
security from harm ,injury

 shall refer to the act that ensures the public (including families of inmates and their
victims) that national inmates are provided with their basic needs, completely incapacitated
from further committing criminal acts, and have been totally cut off from their criminal networks
(or contacts in the free society) while serving sentence inside the premises of the national
penitentiary.

 This act also includes protection against illegal organized armed groups which have the
capacity of launching an attack on any prison camp of the national penitentiary to rescue their
convicted comrade or to forcibly amass firearms issued to prison guards.

29; SUBSIDIARY IMPRISONMENT

30: INSOLVENT

A convicted offender who cannot pay a fine that is imposed upon him

31; INSTRUMENT FO RESTRAINT

A device contrivance ,tool, or instrument use to hold back ,keep in check or control
an inmate ,e.g handcuffs, leg irons

32: OPERATION GREYHOUND

Operation conducted by the BJMP wherein prisoner may be checked at any time ,His beddings
,lockers and personal belongings may be opened at any time .in his presence ,whenever possible

33: CONJUGAL VISIT

A privilege of a married male prisoner is visited by his wife and they are granted
time for their marital sexual obligation

34: HALF WAY

These are group homes designed to help institutionalized people adjust to life in the
outside community

35; CARPETA

Inmate record or jacke, it contains the personal and criminal records of the inmate.

36; STRIP SEARCH

A practice of searching a person for weapons or other contraband suspected of being hidden on
their body or inside their clothing ,and not found by performing a frisk search ,by requiring the person
to remove some or all of his or her clothing .the search may involve an official performing an inmate
person search and inspecting their personal effects and body cavities (mouth,vogina,anus etc) A strip
search is more intrusive than a frisk and requires legal authority .Regulations covering strip searches
vary considerably ,and may be mandatory in some situations or discretionary in others .

37; SHAKE DOWN

Examination of an inmate for contraband before admission

38; CONVICTION

(Criminal law) a final judgment of guilty in a criminal and punishment that is imposed
39; CONVICTION. GUILTY VERDICT
An act finding some body guilty of a crime
,or an instance of being found guilty

40: REHABILITATION

The task of changing an offenders „s attitude so that he or she may not be

commit Another crime in the future

41: REINTEGRATION

This refers to phased reentry into society rather than the usual abrupt re- entry at the end of a
prison sentence

42: QUASI RECIDIVIST

Any person who shall commit a felony after having been convicted by final judgment before
beginning to serve such sentence or while serving the same ,shall be punished by the maximum
period of the penalty prescribed by law for the new felony.

43: HABITUAL CRIMINAL

A person is deemed to be a habitual criminal if within the period of 10 years from the date of his
released or last conviction of the crime of serious or less serious physical injury ,robbery ,theft estafa
or falsification ,he is found guilty of any of said crimes a third time or oftener

44: RECIDIVIST

One who at the time of his trial for one crime shall have been previously convicted by final
judgment of another crime embraced in the same title of the Revised Penal code)

45: REFORMATION

which is the rehabilitation component of the BuCor's present corrections system, shall refer to the
acts which ensure the public (including families of inmates and their victims) that released national
inmates are no longer harmful to the community by becoming reformed individuals prepared to live a
normal and productive life upon reintegration to the mainstream society.

46; SHOT DRILL

 One form of punishment inflicted on prisoners ,which simply involved carrying heavy loads from
one place to another and then returned to the same place over and over again every day

47: TREADMILL

Another method devise used to make the prisoner suffer where the prisoner is continually made to
continually climb stairs .Prisoners are made to climb this treadmill continually during the day time with
prisoner logging up nto 14,ooo feet of stairs per day or the e e quivalent of three
to four stiff mountains climbed per day

HISTORICAL PERSPECTIVE ON THE DEVELOPMENT OF CORRECTIONS

Correction

 is that branch of the administration of the criminal justice charged with the responsibility for the
custody, supervision and rehabilitation of the convicted offenders.

 is the study of jail/prison management and administration as well as rehabilitation and

reformation of prisoners.

Penology –

From the Greek words “Poine” which means Punishment and “Logus” – course or study of crime
prevention, prison, reformatory management and correction of criminals.

A: The Classical School of Criminology

 The classical theory came about as a direct result of two influences :

1. it came about as a protest against the abuses and discretionary power of judges

2. it was also influenced by the philosophical school of thought

 It maintain the doctrine of psychological hedonism and freewill .that individual

calculates the pleasures and pain in advance of action and regulates his conduct by the
result of his calculation

Cesare Beccaria (Cesare Bonesara Marchese de Beccaria) with Jeremy

Bentham (1823) who proposed “Utilitarian Hedonism”, the theory, which explains that a person
always acts in such a way as to seek pleasure and avoid pain, became the main advocates of the
Classical School of Criminology.

Cesare Beccaria

In his “book , Crimes and Punishment”, he presented his key ideas on the abolition of torture as a
legitimate means of extracting confessions. He holds that justice consists of equal treatment of all
criminals for like offenses. whereas the court of the day were dealing unequally with criminals
according to their rank and influence .Becaria would have the legislature ,not the court determine the
exact punishment appropriate to each crime .no discretion would be left to the judge.

Freewill (Beccaria) –

a philosophy advocating punishment severe enough for people to choose, to avoid

criminal acts

Bentham of England

another exponent of classical school ,also holds that society must reward those who accept
responsibility and punish those who do not.thus bringing pleasure and pain into service of society.

Hedonism (Bentham) –

the belief that people choose pleasure and avoid pain.

B: The Neo-Classical School of Criminology

The criticisms against the classical school led to the foundation of the Neo-classical school of
criminology. Under the neo-classical doctrine, there are situations or circumstances that made it
impossible to exercise freewill are reasons to exempt the accused from conviction.

The Neoclassical school does not represent any break with the classical view of human nature. It
merely challenges the classical position of absolute freewill. Because of this, it led also to the
proposition that while the classical doctrine is correct in general, it should be modified in certain
details:

That children and lunatics should not be regarded as criminals and free from punishment. It must take
into account certain mitigating circumstances.
C: THE ITALIAN OR POSITIVE SCHOOL

 The school that composed of Italians who agreed that in the study of crime the
emphasis should be on scientific treatment of the criminal, not on the penalties to be
imposed after conviction .It maintained that crime as any other act is a natural phenomenon
and is comparable to disaster or calamity. That crime as a social and moral phenomenon
which cannot be treated and checked by the imposition of punishment but rather rehabilitation
or the enforcement of individual measures.

 The Positivist School of Criminology rejected the Classical School's idea that all crime
resulted from a choice that could potentially be made anyone. Though they did not disagree
with the Classical School that most crime could be explained through "human nature," they
argued that the most serious crimes were committed by individuals who were "primitive" or
"atavistic"--that is, who failed to evolve to a fully human and civilized state. Crime therefore
resulted not from what criminals had in common with others in society, but from their distinctive
physical or mental defects.

ADVOCATED BY:

1) Lambroso- – The Italian leader of the positivist school of criminology, was criticized for his
methodology and his attention to the biological characteristics of offenders, but his emphasis on the
need to study offenders scientifically earned him the “father of modern criminology.”

 The criminal in relation to Antropology ,jurisprudence and psychiatry.

 Lambroso in his book, sought to explain crime in terms of physical make up of the
criminal.

 In studying the insane the patient ,and not the deceased ,should be the object of
attention.

CLASSIFICATION OF CRIMINAL BY LAMBROSO:

a) Born criminals- there are born criminals according to Lombroso, the belief that being
criminal behavior is inherited.
b) Insane criminals- idiot, imbeciles, dementia, paralysis Pelegna,etc.
c) Criminaloids- Not born with physical stigma but who are of such mental makeup that
display anti social conduct

2) Ferri- Enrico Ferri was born in Italy in 1856 ferri advocated the theory of imputability
and the Denial of freewill in 1878 Ferri contributed to the emphasis of of the social factors such
as.
 a) Physical factors- ,including geographical,climate,temperature.
b) The anthropological factors including psychological

c) The social factors ,including economics and political factors as well as age ,sex
education requirement

3) Garofalo- He was born in Naples in 1852,from parents of Spanish origins Garofalo

thinks that crime can be understood only as it is studied by scientific method. the criminal is
not free moral agents but is product of his own traits and his circumstances .

D: THE MODERN CLINICAL SCHOOL

This theory advocates the study of the criminal rather than the crime .This school is interested
primarily in the personality of the criminal himself in order to determine the conditioning
circumstances that explain his criminality and in order to obtain light upon the problem of how he
should be handled by the social group.

CORRECTIONAL SYSTEM

The function of correction serves to rehabilitate and neutralize the deviant behavior of adult criminals
and juvenile delinquents. This component of the criminal justice system faces a three-side task in
carrying out the punishment imposed on the convicted offender by the court, to deter, to inflict
retribution, and rehabilitate. The components of the correction effectuate their functions through
different programs, probation, commitment to an institution, and parole.

Prisons are a major stock in the moral order of the society. They symbolize the ultimate instrument of
punishment the state can wage against those who renege on the social contract. Besides death,
imprisonment remains society‟s most ominous response to the social disorder. Include among the
purposes of a civilized society are maintenance of law and order and control of violence. To
accomplish this purpose, deviant individuals are isolated.

EVOLUTION OF CORRECTIONS

Code of Hammurabi (1750 BC) - the first formal law dealing with the concept of justice as Lex
Taliones “An Eye for an Eye and a Tooth for a Tooth”.

Mosaic Law – allowed extreme punishments such as flogging or burning alive, offenders are
entitled to freedom from torture and admission of guilt is admissible only when there is a confirmatory
testimony from at least one witness.
King Ur-Nammu’s Code – decreed the imposition of restitution and fines of execution, mutilation or
other savage penalties. It holds the principle that offender can be punished and victims can be paid
by making the offender reimburse the value of whatever damages as the result of crime.

Nicodemeans Ethics – written in 400 BC first publication that explains crime and corrective justice
stating that “ Punishment is a mean of restoring the balance between pleasure and pain”
509 BC – a law was passed prohibiting flogging or execution unless affirmed by the Centuriate
Assembly.

Underground cisterns – a form of prison used to detain offenders undergoing trial in some cases
and to hold sentences offenders where they were to be starved to death.

Ergastulum – Roman prison that was used to confine slaves where they were attached to
workbenches and forced to do hard labor in the period of their imprisonment.

Justinian Code – Roman Emperor Justin put this code into law in 529 AD and became the standard
law in all the areas occupied by the Roman Empire particularly Europe. This code was a revision of
the Twelve Tables of Roman Law that originated at bout 500 BC stating every crime and penalties for
every offense listed in the said table.

Burgundian Code – code that introduced the concept of restitution but punishment was meted
according to the social class of the offenders. Offender had to pay the specified value in order not to
undergo physical sufferings as penalty.

Pope Innocent VIII (1487) – issued Papal Bull that allowed refugee offenders to be 3 driven out of
the sanctuary if they used this for committing crimes but half centuries later, many sanctuaries closed
and those still remaining have refused to accept offenders of serious crimes such as rape, murder
and robbery.

Pope Leo I – 440AD was the first Pope to fully expressed approval for killing, otherwise human and
divine law would be subverted.

Priscilian – 385 AD the first recorded Christian who was put to death for being a heretic
(Unorthodox) but death as capital punishment was first used in 1022 in Orleans, France when thirteen
heretics were burned at the instigation of the church. Pope Innocent II tried to wash his hands like a
Pontius Pilate when it turned over heretics to the secular authorities for proper punishment that
included death.
Pope Gregory IX – through his Papal Encyclical
“Encommunicamus” issued in 1231 that made part of the Canon Law the burning of non-believers at
the stake. He also initiated the Inquisition that led to the burning of hundreds of heretics.

Pope Innocent IV – officially introduced torture to the Inquisition procedure in 1252.

Pope John Paul II – reversed the practice of death as form of punishment, Pro-Life Pope in his
Encyclical Tertio Millenio Adveniente, formally apologized to the past intolerance and use of violence
in the defense of truth and has challenged to break away from the “culture of death”.

Gaols – other word for jails during early days, were hard for poor prisoners but not for those who
were wealthy. This was because prisoners had to pay for their accommodations, food and
cost of administration and security. Beddings, blankets, lights and everything were sold or
rented to prisoners at very high rates. The jailer or gaoler was paid from payment of prisoners.

King Henry VII of England – he decreed corporal punishment for vagrants in 1531 and penal slavery
in 1547 to depend the interests of the still dominant landlord class.

Bridewell Institution in Bridewell, England – established during the reign of King

Edward VI, as a workhouse for vagabonds, idlers and rogues. The Bridewell was a reform of some
sort over the traditional, already unworkable system of punishment. Vagrants and prostitute were
given work while serving their sentence. After two centuries this system lost its usefulness due to
banishment of offenders to the colonies.

Lombroso, Beccaria and Betham – their efforts changes the prison system based on solitary
confinement and hard labor so that by 1779 a penitentiary act was passed that mandated the
establishment of prison system.

Norfolk Prison at Wymondham, England – after the Penitentiary Act of 1779 this prison was
opened.

National Penitentiary of Milkbank – followed in 1821.

Pentonville National Penitentiary – opened in 1842.

Alexander Solshenitsyn – a political prisoner who popularized banishment is the Gulag Archipelago
in a novel.

Penal Code of Russia (1845) – punishes offenders to hard labor of four years to life. Fortunate
prisoners sentenced to hard labor were destined to the factories or construction of fortresses.
Sentences to labor in the mines were the unluckiest of the destinations.

2 Distinct Benefits of Banishment

1. It allowed the transporting country to colonize distant lands such as Australia, Canada, Africa
and all other far-flung colonies.
2. It reduced number of criminals and the concomitant reduction of criminality in the country of
origin.

Aside from banishment and hard labor offenders were also sentenced to provide hard labor for public
works including the building of military fortifications and as a result of these developments, Spaniards
also built fortifications in the Philippines and that includes Fort Santiago in Manila and Fort Del Pilar in
Zamboanga.

Maine State Prison – underground facilities to incarcerate offenders contained cells in the 4 pits
similar to the underground cistern of long ago Rome that were used to detain offenders undergoing
trial in some cases and to hold sentenced offenders where they will be starved to death. These pits
were entered through an iron gate in the ceiling during late 1828.

Connecticut State Prison – used a copper mine at Simsbury from 1773 to 1827 as prison facilities
wherein prisoners worked in the mines during the day and then their ankles and necks were shackled
during nighttime to prevent escape.

Sing Sing Prisons – became famous or rather infamous all over the world and was plot of many
movies filmed because of the Sing sing bath which was inflicted aside from the floggings, denial of
reading materials and solitary confinement. The shower bath was a gadget do constructed as to drop
a volume of water on the head of a locked naked offender. The force of the icy cold water hitting the
head of the offenders caused so much pain and extreme shock that prisoners immediately sank
into come due to the shock and hypothermia or sudden drop of the body temperature.

The Walnut Street Jail (1790)

Originally constructed as a detention jail in Philadelphia, it was converted into a state prison and
became the first American Penitentiary. It began the penitentiary system in the United States when
legislation was passed establishing the principle of solitary confinement, strict discipline, productive
work and segregation of the more dangerous offenders.
(1830)

Jail Penitentiary: Concept

The term penitentiary came from the Latin word

“Paenitentia” meaning penitence, and was coined by an English prison reformer, John Howard. It
referred to a place where crime and sin may be stoned for and penitence produced.

given the work. Silence was also enforced.

“Sentenced to Solitary Confinement at Hard Labor”
In Europe ,several penal administrators can be mentioned as among those who contributed to
progressive development of the reformatory system

1. Manuel Montesinos- director of the prison of Valencia ,Spain ,in 1835 ,divided
prisoners into companies and appointed prisoners as petty officers incharge. Academic
classes of one hour a day were given all inmates under 20 years of age.

2. Domet of France- established and agricultural colony for delinquents boys in 1839 .The
boys were housed in cottages with house fathers as incharge. the system was based on re
education rather than force .when discharged the boys were placed
under supervision

3. Alexander Maconochie- Superintendent of the penal colony at Norfolk Island in

Australia ,introduced a progressive humane system to substitute for corporal punishment.
When a prisoner earned a required number of marks he was given a ticket of leave ,which is
the equivalent of parole .

Maconochie introduced several other progressive measures which aimed at rehabilitating prisoners
He introduced fair deciplinary trials ,but churches, distributed books, allowed plays to be staged ,and
permitted prisoners to tend small gardens .for his progressive administrations of prisoners
.Maconochie should be considered one of the fathers of modern penology.

4. Sir Walter Crofton- Chairman of the directors of Irish Prison .IN 1856, Crofton
introduced the Irish system ,latter called the progressive stage system .

a) The first stage of the Irish system was solitary confinement for nine months at a
certain prison .the prisoners at this stage were given reduced diet and allowed
monotonous work .the prisoner progress to a more interesting work,some education,and
better treatment toward the end of first stage.

b) The second stage was an assignment to the public works at Spike Island .the
prisoner worked his promotions through a series of grades according to a mark system
,and wore a badge of distinction to
show his status

c) In the third stage the prisoner was sent to lurk or Smithfield which was a sort of
preparation for release .here the prisoner work without custodial supervision and was
expose to ordinary temptation of freedom.
d) The final stage was the release on supervision under conditions equivalent to
present day parole.

5. In 1876, the New York state reformatory at Elmira opened with Z. R. Brockway
introduced in Elmira in Elmira a New institution program for boys from 16 to 30 years of age .
 the new prisoner was classified as second grade and was promoted to first grade after six (6)
months of good behavior Another six (6) months of good behavior in the first grade qualified him for
parole. If the prisoner committed a misconduct he was demoted to third grade where he was
required to show good conduct for one month before he could be reclassified to second grade.

Elmira Reformatory

The Elmira Reformatory is considered as the forerunner of modern penology because it had all the
elements of a modern correctional system, among which were a training school type, that is,
compulsory education; case work method; and extensive use of parole based on the
indeterminate sentence. This was the first penal institution to remodel its penal philosophy away
from punitive and retributive practices and veered them towards reformation and treatment.
Educational and vocational were imparted to the prisoner as a way to treat his lack of life skills to
survive according to the rules of ourside society. Parole also started in Elmira Reformatory, after 12-
month of good conduct prisoner, he was eligible for parole.

6. Sir Evelyn Ruggles Brise – was the Director of English Prisons who opened the
Borstal Institution after visiting Elmira Reformatory in 1897, such as Borstal
Institutions are today considered as the best reform institutions for young offenders. This system was
based entirelty on the individualized treatment.

7. John Howard – known as the Father of Penitentiary. Sheriff from Bedfordshire,

England who exercised the traditional but neglected responsibility of visiting the local prisons
and institutions. He was shocked by what he saw, especially when he learned that the keepers
were paid no regular salary but depended upon extracting a living from the prisoners;
secondly, that large number of persons who had been discharged by the grand jury or
acquitted at their trials were still detained owing to the fact that they had been unable to pay
their discharge fees. For every prison inspected, he put into records important details he
observed, wrote and published a book that started the interest of reformers in English society.
Many of his landmark recommendations were incorporated into the Penitentiary Act of 1779
and adopted as standard procedure in the first modern prison constructed in 1785 on Norfolk,
England. It was not until 1842 that Howard‟s idea of penitentiary was given recognition.

OTHER PERSONALITIES WHO CONTRIBUTED IN THE DEVELOPMENT OF REFORMATORY

SYSTEM

1) William Penn- (1614-1718) Founder of the Quakers movement –great law of the
quaker
– land labor is more effective punishment than death for serious offense. He fought for religious
freedom and individual rights. the first leader to prescribed imprisonment as correctional treatment for
major offenders.He is also responsible of the abolition of the death penalty and torture as a form of
punishment.
 2) Isaac Newton – He published the book entitled principia in 1687. Wherein he
encouraged intellectuals to investigate social and scientific phenomena methodically and
objectively.

1. John Locke- wrote essay concerning human understanding and his treatise of
government.

2. Charles Montesquieu-(1689- 1755) He published a book entitled spirit of the laws. A

French historian who analyzed law as an expression of justice. He believed that harsh
punishment would undermine morality and that appealing to moral sentiment as better
means of preventing crimes, confronted religion and historical role of the church in the
political arrangement of the society.

3. Voltaire(Francis Marie Arquuet) 1694 1778) He believes that shame was

deterrent to a crime , fought the legality – sanctioned practice of torture and was the most versatile
philosopher during this period.

4. Cesare Bonesa ,Marqueuise De Becarria (1734 1794)- He wrote an essay entitled “

an essay on crimes and punishment”,which become the most exiting on law during this
century. And presented the humanistic goal of law

5. St Michael – emphasized the rehabilitate concept and pioneered the segregations of

prisoners and forced silence to make the prisoner contemplate their wrong doings. The
conviction are chained in one foot and observing strict rule of silence they listened to
religious brothers giving religious teaching .many of the practices pioneered in ST Michael
were later To be adopted in the United states in what in what Is now to be known as the
AUborn system of imprisonment.

6. Henry V111 –He alone who put to death the 72.000 citizens by means of boiling to
death as a means of executing convicted
offenders

7. Clifford Shaw- conducted a research on 100.000 identified school truants, juvenile in

conflict with the law and adult offenders from Chicago school.

COMPENSATION FOR WRONG ACT

1. Retaliation (Personal vengeance) the earliest remedy for wrong act to anyone the concept of
personal vengeance by the victim „s family or the tribe against the family or tribe of the offender
Hence blood feuds was
accepted in the early primitive‟s society
2. Fines and punishment- Custom have exerted effort and great force among primitive
societies ,the acceptance of vengeance in the form of payment (cattle,food,personal
services)as dictated by tribal traditions
3. Punishment is the redress that the state takes against the offending members.

EARLY FORM OF PRISON DISCIPLINE

1. Hard labor- productive work

2. Deprivation –deprivation of everything except the essential existence.

3. Monotony- giving the same food that is off diet ,or requiring the prisoners to perform
drab or boring daily routine.

4. Uniformity –treats prisoner alike “the fault of one is the fault of all‟

5. Mass movement –mass living in cellblocks

,mass eating ,mass recreation.mass bathing

6. Degredation- uttering insulting words or language on the part of the prison staff for the
prisoners to degrade break the confidence of the prisoners

7. Corporal punishment -imposing brutal punishment or employing physical torture to

intimidate a delinquent inmate

8. Isolation or solitary confinement- the lone wolf- non communication limited news

THE GOLDEN AGE OF PENOLOGY

The period from 1870 to 1880 was called the Golden Age of Modern Penology because of the
following significat event

1) In 1870, the National Prison association ,now American correctional association

,was organized and its first annual congress was held in Cincinati Ohio .in this congress the
association adopted a declaration of principles so modern and comprehensive in scope that
when it was revised in the prison congress in 1933 .few amendments were made .since its
founding the association has held annual congress of corrections and has taken active
leadership in reform movements in the filed of crime prevention and treatment
of offenders
2) In 1872,the first international prison congress was held in London. It was attended
by representatives of the Government of the United states and European countries as a result
of this congress ,the International Penal and
Penitentiary commission ,an international Government organization was established in 1875 with
Headquarters at Hague .the IPPC held international congress every five years in 1950 the IPPC was
dissolved and its function were transferred to the social defense section of
United Nations

3) the Elmira Reformatory ,which was considered as the for runner of modern penology
,was opened in Elmira ,New York in 1876.the features of Elmira were training school type of
institutional program ,social case work in the Institution and extensive use of parole

4) The first separate institution for women were established in Indiana

Massachusetts

PHILIPPINE PRISON AND JAILS ORGANIZATION ,POWERS AND FUNCTIONS

Prison defined

 Penitentiary an institution for the imprisonment (incarceration) of person convicted of

major/serious crimes

 A building usually with cells ,or other established for the purpose of taking safe
custody or confinement of criminals

 A place of confinement for those charged with or convicted of offenses against the
laws of the land

Jail defined

a place of detention for those awaiting final disposition of criminal action and the service of short
sentences usually up to three years.

Jail vs Prison

JAIL PRISON
1; As to term Less than More than 3
of penalty
three years years
2. As to Convicted or All convicted
inmate pending trial
3. As to As far as It is under the
administra provincial jail bureau of
tion is concerned
correctiont
it is under the
administration
of Provincial
government,in
case of
Municipal and
City District
Jail ,it is
under
supervision of
the Bureau of
Jail
Management
and Penology
4. As to head District Prison Penal
Jail colony and
of institution
under penal ,it is
the headed by the
BJMP is superintendent
headed by the
warden

NOTE; The population of jail and prison including penal farms and penal colonies except the
personnel are called inmates, Prisoners with the exception of jails whose inmate are undergoing trial
of their respective cases are also called detainees

THE BUREAU OF CORRECTIONS

Bureau of Prisons was renamed ,Bureau of corrections under Executive Order 292 passed
during the Aquino administration .it states that the head of the Bureau of correction is the director of
prison who is appointed by the president of the Philippines with the confirmations of commission on
appointments .

The Bureau of Correction has general

Supervision and control of all National and Provincial prisons or penitentiaries .It is charged
with the safe keeping of all insular prisoners confined therein or committed to the custody of the
bureau
Inmates of the Bureasu of Corrections are classified according to the following:

1) Detainee- those whose cases are or have other pending cases

2) Third class inmate .those who have been previously committed as a sentenced
prisoner for three times or more except cases involving non payment of fines or those
classification were reduced from a higher class.
3) Second class inmate –newly arrived inmates committed for the first time ,or demoted
from a higher class or promoted from a lower class
4) First class inmate – one whose known character and credit for work while still in
detention earned classification to this class ,or one who was promoted from lower
class and
5) Colonist- a classified first class inmate for at least one year immediately preceeding his
classification as such and has served with good conduct ,at least one fifth of his maximum
sentence ,or has served seven years in case of life sentence.

THE PHILIPPINE PRISON SYSTEM

1: In 1847, the construction of Bilibid Prison started .this institution become the central place of
confinement for Filipino prisoners .Prior to establishment of Bilibid prison Prisoners were
confined in jails under the jurisdiction of commandancias where law enforcement units were
stationed ,Commandancias were established in practically every province of the country .

2: In 1865, the Bilibid Prison was opened by virtue of a Royal Decree.

3: In 1936,the city of Manila exchanges its Muntinlupa property of 552 hectares with that of the
Bureau of Prison lot in manila : This Muntinlupa estate was originally intended as a site for the boys
training school ,but because it is far from Manila .the city government of Manila preferred the site of
the Old Bilibid prison. Famous as the May Halique state. And the oldest prison in the Philippines
is the fort Santiago.

NATIONAL PENITENTIARIES (Bureau of Corrections)

ORGANIZATION

The Bureau of Corrections is under the Department of Justice. It is headed by the Director of
Corrections, who is authorized to exercise command, control and direction of the following prison
facilities and staff offices:

PRISON FACILITIES AND THEIR FUNCTIONS

There are seven (7) correctional facilities of the Bureau of Corrections, which are located all over
the country, administered by its Penal
Superintendent.

1: THE NEW BILIBID PRISON (NBP)

It is located in Muntinlupa, Cityl. This is where the Bureau of Corrections Central Office is colocated.
Within the complex are three (3) security camps administered by a Penal Superintendent and
assisted by an Assistant Superintendent in each Camp. The three security camps are:

a) The Maximum Security Compound is for prisoners whose sentences are 20 years and
above, life termers or those under capital punishment, those with pending cases, those under
disciplinary punishment, whose cases are on appeal, those under detention and those that do not fall
under medium and minimum-security status.

b) The Medium Security Camp is for prisoners whose sentences are below 20 years
(computed from the minimum sentence per classification interpretation) and those classified for
colony assignment.

c) The Minimum Security Compound is an open camp with less restrictions and regimentation.
This is for prisoners who are 65 years old and above, medically certified as invalids and for those
prisoners who have six months or less to serves before they are released from prison.

Today the new Bilibid Prison operates two satelite Units ,namely,

a) The Bukang Liwayway Camp- it houses the minimum security prisoners.who work in the
various project of the institution

b) The Sampaguita Camp- it is located in Reception and Diagnostic Center and houses the
medium security Unit and the Youth Rehabilitation Center.

Note the New Bilibid Prison is specialized in the industrial type of vocational training like furniture
shop ,shoe repairing auto mechanics, etc.

2: THE SAN RAMON PRISON AND PENAL FARM

IN 1869,the authorities saw the need of establishing one prison separate from Bilibid for those who
fought the established government .So, San Ramon Prison and Penal Farm in the southern tip of
Zamboanga was established for the confinement of political offender.During those days a rebel who
was not shot was either sent to Guam or Marinas or to Zamboanga the San Ramon Prison was
named after its founder Ramon Blanco a Spanish captain in the Royal Army .
The San Ramon Prison has an area of 1.524.6 hectares .it houses the maximum, medium, and
minimum custody type of prisoners.

The principal product of San Ramon Prison is copra which is one of the biggest sources of income of
the Bureau of Prison.

3: THE IWAHIG PENAL COLONY-

On November 16 ,1904 ,foreman R.J. Shield with sixteen prisoners left the Bilibid Prison by order of
Governor forbes who was security of commerce and police ,to establish the Iwahig Felony in
Palawan .the idea was hatched on the suggestion of the Governor Luke E wright who envisioned it to
be an institution for incorrigibles .the first contingent ,however ,revolted against the authorities
.they hogtied their superintendent ,Mr,Madaras ,and could have killed him were it not for the timely
succor of the Philippine Scouts stationed in Puerto Prinsesa.

When the Philippine commission ,by virtue of Reorganization act 1407 created the bureau of
prison on November 1,1905 the authorities changed the policy regarding Iwahig, so that instead of
sending incorrigibles ,inmates who well behaved and declared tractable were assigned to this
colony .

Today ,the Iwahig Penal colony enjoys the reputation of being one of the best open institution in
the world only mutual trust and confidence between the wards and prison authorities keep them
together there being no walls.

At present the Iwahig Penal colony is a minimum custody or open institution.it has an area of 36.000
hectares .the colony is divided into four sub colonies ,namely:

1. Sta lucia sub colony

2. Inagawan sub colony
3. Montible sub colony
4. Central sub colony

The Iwahig Penal colony administer the Tagumpay settlement.the principal products of the Iwahig
Penal colony are rice, corn, copra, logs,minor forest product and cattle.

4: THE CORRECTIONAL INSTITUTION FOR WOMEN-

In 1931, the correctional institution for women was established on an 18 hectare piece of land in
Mandaluyong Rizal by authority of Act 3579 which was passed on November 27 1929 . Prior to the
stablishment of this institution ,female prisoners were confined in one of the wings of Bilibid Prison.
later the position for a female. Superintendent was created in 1934 .Today ,the correctionall
Institution for women is an institution under the Bureau of Prison ,managed by the female personnel
,except the perimeter guard who are male .

Mandaluyong -The first correctional institution for women The institution conduct vocational courses
in dress making ,beauty culture, handicrafts, cloth weaving and slipper making.

Mindanao- it is the most recent facility organized in the bureau of correction s. it was only
inaugurated in September 18 2007, the second institution which was branched out from the first and
only penal establishment dedicated in rehabilitating female offenders ,it is a satellite prison facility
under the supervision and direction of Davao prison and penal farm administration pursuant to n
administrative order issued by bucor central office .caters female female prisoners sentence to
suffer the penalty of 3 years I day and above and coming from the 26 provinces comprising the six
administrative regions in the whole Mindanao province.

5: THE DAVAO PENAL COLONY-

Established on January 21,1932 in accordance with Act No 3732 and Proclamation No 414 series
of 1931 .the first contingent of prisoners that opened the colony was led by General Paulino Santos
its founder and the then director of Prison. the area consist of 18.000 hectares.

This is the combination of medium and minimum

custody type of institution

The Davao Penal Colony manages the biggest abaca plantation in the whole country

The colony is divided into two sub colonies, namely. (1)The Panabo sub colony and (2)the kapalong-
Sub colony each colony is headed by penal supervisor.

Note the colony also operates the tanglaw settlement

6: THE SABLAYAN PENAL COLONYAND FARM

On Sept. 27 ,1954 the President of the Philippines issued proclamation No 72 setting aside 16.000
hectares of the virgin lands in Sablayan Occidental Mindoro for the Sablayan Penal colony .

The first trail blazer was the experience colony administrator from Iwahig Penal Colony headed by the
assistant superintendent of that colony Mr Candido Bagoisan .Today Sablayan penal colony enjoys
of being the youngest and fastest growing colony under the bureau
This institution is an open or minimum security type institution .it has an area of 16.408 .5 hectares
.Rice is the principal product of the
colony

7:LEYTE REGIONAL PRISON (Abuyog Southern Leyte)

The leyte Regional Prison ,situated in Abuyog southern Leyte ,was established a year after the
declaration of martial law in 1972 by virtue of Presidential Decree No 28. While its plantilla and
institutional plan were almost ideal ,lack of funds made the prison unable to realize its full potential
and facilities are often below par compared with those of other established penal farms.it has an
inmate capacity of 500.it follows the same agricultural format as the main correctional program in
addition to some rehabilitation activities .the prison admits convicted offenders from region V1 and
from the national penitentiary in Muntinlupa.

CORRECTIONAL CENTERS

A rehabilitation centers for youthful offenders whose ages ranges from 9 to below 18 years of
age to be committed to the care of the DSWD

Drug rehabilitation centers –these centers has been established for the treatment of drug
dependents the existing treatment and rehabilitation center is operated and maintained by the NBI at
tagaytay City and being funded by the board

OLD BILIBID PRISON

Located in the May Halique estate in Oroquieta Street Sta.Crus ,Manila .Now known as Manila City
Jail. with capacity of 600 prisoners.

THE RECEPTION AND DIOGNOSTIC CENTER.

(RDC)

In line with the latest approach to treatment – the individualized or casework method –it is necessary
that prisoners must undergo a diagnostic examination, study and observation for the purpose of
determining the program of treatment and training best suited to their needs and the institution to
which they should be transferred. These processes take place in the Reception & Diagnostic Center
within the first sixty days of their commitment to prison.

The Inmate Reception and Diagnostic Center – is a prison facility within the Medium Security Camp
Sampaguita Compound of the New Bilibid Prison. It receives all newly committed national male
prisoners and it is the entry point of all incoming prisoners who will be subjected to classification and
distribution to the operating institutions. Con currently it has been charged with the responsibility of
providing education and training of inmates at the Medium Security Compound of NBP.
THE STAFF AND THEIR FUNCTION

1) The Psychiatrist – The psychiatrist examines the prisoner and prepares an abstract of
his findings. The abstract includes a brief statement of the mental and emotional make-up of
the individual with particular reference to abnormalities of
the nervous system and the presence of psychoses, psychopaths, neurotic tendencies, paranoid
trends and other special abnormalities..

2) The Psychologist – The psychologist interviews the man and administers tests. The
psychological abstract presents a statement of the psychologist‟s findings with regard to the
mental level, general and special abilities, interest and skills of the prisoner. The outstanding
factors contributing to the maladjustment of the individual are pointed out

3) Sociologist – The prisoners is interviewed by the sociologist. Additional information is

obtained through correspondence with the prisoner‟s friends, relatives, and social agencies.
The objective facts of the personal history of the inmate are recorded in the social abstract,
which also includes an analysis and interpretation of the individual‟s social situation and
relationships.

4) Education Officer or Counselor – The prisoner is interviewed by the educational

officer in order to determine his educational strengths and weaknesses and to recommend
suitable educational program for him.

5) Vocational Counselor – The vocational counselor, by interview, obtains a record of the

man‟s former employment and tests the man to determine his general and
special abilities, interests and skills

6) The Chaplain - The inmate is interviewed by the Chaplain and he is encouraged to

participate in religious worship.

7) Medical Officer – A complete physical examination is given each inmate at which time
his medical history is obtained. The examination covers the major organs of the body, such as
the lungs and the heart, and includes tests of the blood and sense organs. The doctor
correlates the patients‟ previous health history with present findings in the medical history and
physical examination, plus recommendation for medical treatment.

8) Custodial-Correctional Officer The Chief of the correctional unit prepares the

custodial officers abstract which includes all significant observations made by the correctional
officers of the inmate‟s behavior and interactions to various situations in the dormitory, place of
recreation, work assignments, etc. The report includes the custodial officer‟s recommendations
on transfer and type of custody of the prisoner.
ADMISSION PROCEDURES

1) RECEIVING-

The New prisoner are receive either in the RDC or in a prison and later to transfer to the center and
required to stay there for not more than 60 days.The new prisoner usually comes from a provincial or
city jail where he is immediately committed upon conviction by the court. He is transfer to the national
prison escorted by guards of the committing jails

The following document shall be presented accordingly by the party escorting prisoner:
a) Commitment order of the prisoner
b) Court decision of the case
c) Information filed by the city
/provincial fiscal
d) Certificate of detention

2) CHEKING OF COMMITMENT PAPERS

On arrival at the Reception center or prison ,the receiving officer checks the commitment paper if they
are in order .the commitment paper is in order if they bear
the signature of the judge or

To make sure if it contains the signature of the judge or the signature of the clerk of court and seal of
the court.

3) IDENTIFICATION

The next step is to establish the identity of the prisoner in order to be sure that the person being
committed is the same person named in the commitment order

The identity is established through the picture and the fingerprint of the prisoner appearing on the
commitment paper and his prison number

4) SEARCHING

After accomplishing the above steps ,the new prisoner is frisked and his personal things searched
,weapons and other items of contraband are confiscated and deposited with the property custodian
Money ,watches ,rings and other pieces of jewelry are deposited with the trust fund
officer under proper recording and receipts

5) ISSUANCE OF CLOTHES AND EQUIPMENT

From the receiving office ,the new prisoner goes to the supply room where he receives the following:
1. Two (2) regulation uniform suits and two t- shirts

2. One blanket

3. One mat and pillow

4. One aluminumpalte

5. One mosquito net

6) ASSIGNMENT TO QUARTERS

After the prisoner is issued his clothings and beddings he is sent to quarantine unit .the quarantine
may be a unit of the prison or a section of the RDC

THE QUARANTINE UNIT

The new prisoners spends from seven to ten days in the quarantine unit .during this period he is
given thorough physical examination including blood test, X- rays ,inoculation and vaccination .one
purpose of the quarantine is to ensure that the prisoner is not suffering from any contagious decease.
The result of the examinations are submitted to the chief of the center in written form .this report form
part of the diagnostic record of the prisoner

7) BRIEFING/ ORIENTATION

The orientation of the prisoners take place within the first few days in the center,the prisoner will be
informed of the rules and regulation to be observed while in the center.

ORIENTATION PROCEDURES

1) Giving a prisoners a booklet of rules and regulation and explaining the rules to them

2) Conducting the group meeting of center inmates to explain the purposes of

treatment program
 3) Holding session with the chief and individual members of the center staff to explain the
basic purpose of the center and what the inmate should do in order to profit most from their
experience

STAFF CONFERENCE

When the prisoner is through with all tests, interviews and examinations, he is ready for the staff
conference, sometimes called “guidance conference” or “case conference”. The inmate appears
before the Center‟s staff in conference to plan out with him his tentative program of treatment and
training. Every member of the staff gives an oral summary of his findings and his recommendation on
what to do with the prisoner pertaining to his field.

THE ADMISSSION SUMMARY:

The written reports submitted by the staff of the center regarding their findings on the prisoners are
compiled, and form the admission summary. The admission summary becomes the nucleus of the
cumulative case history of the prisoner.

TRANSFER OUT OF THE CENTER

When the admission summary is completed it is for warded to the director of prison for approval of the
tentative program prepared for the prisoner ,after which the prisoner is then transferred to the
operating institution

THE OPERATING INSTITUTION

The prisoner is transferred from the Reception and Diagnostic Center to the operating institution with
a tentative plan of treatment already prepared. The stay of the prisoner in the general service unit is a
sort of orientation period for him. He is given lectures on the rules and regulations; and he is assigned
to different work projects to afford him various experiences which will guide him in the choice of a
permanent vocational program.

THE ADMISSION CLASSIFCATION MEETING

The purpose of the admission classification, sometimes called initial classification meeting, is to plan
a program for and with the inmate which will be realistically directed toward his rehabilitation. A
member of the Committee, usually the case worker summarizes the diagnostic material, which is the
Admission Summary prepared by the Reception Center, and presents the important factors to be
considered in program planning. Usually, the prisoner appears before the Committee so he can be
available for interview and consultation regarding major decisions to be made by the Classification
Committee on his assignments. The Committee decisions cover allimportant phases of the inmates‟
life in the institution.
RECLASSIFICATION

The prisoner appears before the Classification Committee periodically after his initial classification
to keep current his treatment and training program. Because human personality and behavior are
constantly changing. Reclassification is necessary to assure that individual needs are not overlooked,
and it must continue from the time of admission classification until the inmate is released.

REHABILITATION SERVICES

Purpose- to change inmates pattern of criminal behavior and reform them into a law abiding and
productive citizens through the implementation of rehabilitation in jails ..

THE TREATMENT PROGRAMS

The treatment of inmates shall be focused on the provision of services designed to encourage them
to return to the fold of justice and enhance their self respect dignity and sense of responsibility as
follows :

a) Provision for basic needs of inmates

b) Health services
c) Education and skills training
d) Religious services ,guidance and counseling services
e) Recreation sports, and entertainment
f) Work program ,such as livelihood projects
g) Visitation services
h) Mail services

The Philippine Correctional System has two (2) approaches in treating criminal offenders

a) The Institution based treatment program and

b) Community-Based treatment program.

The institution-based has three (3) levels: the National, provincial, and sub-provincial jails and
the district, city and municipal jails while the community-based approach has probation, parole,
conditional pardon and release on recognizance as mode of release.

A. Institution-Based Approach
Presently there are three (3) Executive Departments that supervise and control the numerous
institutional facilities nationwide, which provides incarceration and rehabilitation to offenders. These
are the Department of Justice (DOJ), which take care of the National prisoners, Department of
the Interior and Local Government (DILG) which take care of the Municipal ,City and Provincial
prisoners and the Department of Social Welfare and Development (DSWD).which take care of
sentenced Youthful Offenders

Under the DOJ .the offices that are tasked to carry out the mission of correction rest with the
Bureau of Correction (BUCOR) ,the Board of Pardon and Parole (BPP) and the Parole and
Probations administration(PPA)

The BPP recommends to the president the prisoner who are qualified for parole , pardon or other
form of executive clemency .the PPA ,on the other hand exercises general supervision over all
parolees and probationers and promotes the correction and rehabilitation of offenders outside the
prison institution .under the DILG are the BJMP and PLGU . the BJMP take charge of district ,City,
and Municipal Jails nationwide while the provincial jails are operated by the Provincial Local
Government Units located in ten sites Nation
wide

B. Community-Based Approach

Not all convicted offenders have to serve their sentence behind bars. Some are allowed to stay in the
community, subject to conditions imposed by the government. They are either granted probation,
parole, conditional pardon and recognizance.

A: THE INSTITUTIONALIZED TREATMENT PROGRAM

1: EDUCATIONAL PROGRAM

The educational program of a correctional institution is one of the most important phases of the
treatment and training of prisoners .there is no common plan of education for all.

CLASSES OF PRISON EDUCATION

a) General and Academic education

The eradication of illiteracy among prisoners is one of the best contribution that the correctional
system can offer to society.

b) Vocational education
  The vocational education program is usually geared to institutional maintenance work
and the prison industries project

 To provide prisoners necessary skills after their released

 Courses may include radio mechanics ,auto mechanics, horticulture, shoemaking,

tailoring, carpentry ,electronics,

2: WORK PROGRAM

These are program conducive to change behavior in morale by training prisoners for a useful
occupation

ClASSIFICATION OF PRISON WORK PROGRAMS

1) Educational assignments-

prisoners may be assigned to either general education ,vocational or physical education

2) Maintenance assignment-

these assignment involve labor related to care and up keeping of the institutional properties

3) Agricultural and industrial assignment

4) Un assignable-

Prisoners who are nearly to leave the institution ,awaiting transfer ,those in disciplinary status and
those who are chronologically ill with mental disabilities .

3: RELIGIOUS SERVICE IN PRISON

Chaplain is the most important person in the rehabilitative setup of a correctional institution .it is the
chaplain administrators claim ,who points to the prisoners their relationship to god and their
fellowmen ,and who by work example ,leads them most effectively toward complete rehabilitation.
Men and Nations have found that they can not live without the guiding ,sustaining and inspiring power
of religion .if this is true of people in normal society ,it is doubly true of men who are confined in
correctional institution

FUNCTION OF THE CHAPLAIN

1) Conduct of sacramental ministry- 2) Conduct a religious instruction

3) Ministry to inmate families and related concern person
4) Ministerial service to the staff and the operational personnel
5) Interpretation ministry to the community

ADMINISTRATIVE FUNCTION OF THE CHAPLAIN

1) Member of the RDC staff

2) Member of the classification committee
3) Render evaluation

4: RECREATIONAL PROGRAM

Recreational programs are important part of the rehabilitation program A good prison administrator
should provide wholesome ,healthy activities for men confined in his institution.

Usually the recreation program should be designed to meet the needs d is conducted during free time
schedule ,affording opportunity for each man to decide for himself whether or not he desires to
participate on voluntary basis . The recreation program should be designed to meet the needs and
interest of all inmates.

5; LIBRARY SERVICE

The prison library plays an important role in the improvement of prisoners in practical and cultural
aspects of social living .

6: HEALTH AND MEDICAL SERVICE

The medical and health requirements of a prisoner include mental and physical examinations
,observations diagnosis and treatment of patients ,immunization and protection of the inmate
populations as well as the staff against hazards ,visiting prisoners in segregations sections ;sanitary
inspections, consultation with culinary and other officials and participations in training ,classification.
Disciplinary and other program.
TREATMENT OF SPECIAL NEEDS OR UNUSUAL OFFENDERS

1: FEMALE

1) The female quarters /dorm should be separated from male

2) No male inmate shall be allow to enter the female dorm
3) Only work suitable to their age and physical condition should be assigned to female
inmate

2: DRUG USERS DEFENDANT AND ADDICT

a) Drug users should be segregated from other inmate especially during the withdrawal
period
b) Maintain close supervision to suicide or self prevent attempt to commit suicide and self
motivation.
c) Conduct a regular search of the inmate „s quarters and maintain constant alertness to
prevent the smuggling of narcotics and
other dangerous drug

3: ALCOHOLICS

a) Place alcoholic in quarter separates from other inmates and maintain close supervision
to guards
b) Against suicide attempt
c) Any symptoms of abnormal behaviour Should be reported immediately to the jail
Physician or warden
d) Exercise close supervision to guard against the smuggling of liquor and other
intoxicating drinks or product containing
alcohol

4: MENTALLY ILL

a) The mentally ill should be under the close supervision of a jail medical personnel
b) Place the mentally ill in separate cells and special restrain room provided for violent
cases
c) Close supervision to guard against suicide attempt and violent attack on others
d) The mentally ill should be transferred as soon as feasible to mental institution for
proper psychiatric treatment

5: SEX DEVIATES

a) Homosexual should be segregated immediately to prevent them from influencing other

inmate or being maltreated or abuse by other inmates
b) Sex deviates should be separated from
other inmates for close supervision control

6: SUICIDAL INMATES

a) The suicidal inmate should be given close and constant supervision

b) Search their quarters and premises for tools /materials that can be used for suicide
c) They should be subjected to frequent strip
search

7: THE HANDICAPED,AGED ,AND INFIRMED

a) These inmates should be house separately and closely supervised to protect them from
maltreatment or abuse by other inmates.
b) Special treatment should be given to these inmates who shall be required to work in
accordance with their physicall capabilities for their own upkeep and to maintain the
sanitation of their quarters and surrounding

8: NON PHILIPPINE CITEZEN INMATES

 The warden shall report in writing to the bureau of immigration and the respective
embassies of the detained foreigners the following:
 Name of foreigners
 Name of jail
 Nationality.number of alien certificate of registration, if any
 Age/sex
 Offense charged
 Case number
 Court/branch

EMERGENCY PLAN
Emergency Plan For both natural and man made calamities and other form of jail disturbance shall be
formulated to suit the physical structure and other factors peculiar to every jail ,such as.

NATURAL CALAMITIES

a) Fire
b) Flood
c) Earthquake
d) Tsunami
e) Landslide
f) Typhoon
g) Volcanic eruption
h) Others

MAN MADE CALAMITIES

a) riot
b) Jail break
c) Noise barrage
d) Hostage taking
e) Epidemics
f) Food poisoning
g) Rescue
h) Bombing
i) Power failure
j) Water shortage
k) others

NATURE AND TRENDS OF PUNISHMENT

PUNISHMENT
 is a means of social control it is a device to cause people to become cohesive and to induce
conformity .people believe that punishment is effective as a means of social control but this belief is
doubtful there no question, however, that some form of punishment are more effective in one in one
society than in another.

DEFINITION OF PUNISHMENT-

the general concept of punishment is that it is the infliction some sort of pain on the offender for
violating the law .this definition is not complete in the sense that it does not mentioned the condition
under which punishment is administered or applied ,in the legal sense ,it is more individual redress or
personal vengeance
,Punishment, therefore ,is defined as the redress that the state takes against an offending member.

ANCIENT FORMS OF PUNISHMENT

The form of punishment in primitive society were the following:

1) Death penalty

death penalty was carried out by hanging,burning,immersing in boiling oil,feeding to wild animals and
in many other barbaric ways .

2) Corporal punishment/physical torture –

was inflicted the offender by flogging, mutiliation, disfiguation ,and maiming.

3) Public humiliation and shaming

were effected by the use stocks and pillory ,docking stool ,branding ,shaving off the hair. Etc.

4) Banishment or exile –

sending or putting away an offender which was carried out either by prohibition against coming into
specified territory ,for over ten years the person will be exiled
and this is derived from the vote of citIzens

RECENT/CONTEMPORARY FORMS OF PUNISHMENT

1. Imprisonment

Putting offenders in a prison for the purpose of protecting the public and at the same time
rehabilitating them by undergoing institutional treatment programs.

2. Parole –

is defined as a procedure by which prisoners are selected for release on the basis of individual
response and progress within the correctional institution and a service by which they are provided
with necessary guidance as they serve the remainder of their sentence in the free community.

3. Probation

it is a procedure under which a defendant found guilty of a crime is release by the court without
imprisonment subject to the condition imposed by the court and subject to the supervision of the
probation officer.

4. Fine

An amount given as reparation or indemnification for a criminal act.

5. Destierro

–Penalty of banishing a person from the place where he committed a crime

,prohibiting him to get near or enter not less than 25 kilometers but not more than 250 kilometers.

IN WHAT CASES DESTIERRO IMPOSED?

In the following:
1. Serious physical injuries or death under exceptional circumstances
2. In case of failure to give bond for good behavior
3. As penalty for concubine
4. In cases where after reducing the penalty by one or more degree destierro is the proper
penalty.

JUSTIFICATION OF PUNISHMENT
The theories or justIfications of punishment vary from one stage of civilization to another .the most
common justification of punishment are retribution ,expiation or atonement, deterrence, protection
and reformation.

1. Retribution-

In primitive days punishment of the transgressor was carried out in the form of personal vengeance
.Since there were no written laws and no courts .the victim of a crime was allowed to obtain his
redress in the way he saw fit .often times the retaliatory act resulted to infliction of greater injury or
loss than the original crime, so that the latter victim was perforce afforded his revenge. Punishment
therefore became an unending vendetta between the offender and the victim .latter .an attempt was
made to limit retaliation to the degree of injury inflicted ,thus the philosophy of eye for an eye evoked.

2. Expiation- or Atonement-

this theory or justification of punishment was also advocated during the prehistoric days .As
population increased .the social group become more complex A sort of common understanding and
sympathetic feeling develop in the group .An offense committed by a member against another
member of the same clan or group aroused the condemnation of the whole group against the
offending member .the group would therefore demand that the offender be punished .when
punishment is exacted visibly or publicly for the purpose of appeasing the social group, the
element of expiation is present. Expiation therefore is group vengeance as distinguished from
retribution which is personal vengeance.

3. Deterrence-

It is commonly believed that punishment gives lesson to the offender ;that it shows other what would
happen if they violate the law and that punishment hold crime in check .this is the essence of
deterrence as a justification for punishment .

Becarria

An exponent of the classical school of criminology and whose writings at the end of the 18 century
renovated the punitive justice system of Europe contended that the intent of punishment should not
be to torture the criminal or to undo the crime but to prevent others from committing a like offense.

4. Protection-

Protection as a justification of punishment came after prison wee fully established .People
believe that by putting offender in prison society is protected from his further criminal
depredation. If this were so ,vicios and dangerous criminal should be made to serve long terms of
imprisonment .Recidivism and habitual delinquency laws are expected to attend this ends.
5. Reformation-

this is the latest justification of punishment .under this theory society can best be protected
from crime if the purpose of imprisonment is to reform or rehabilitate the prisoner .Advocates
of this theory contend that since punishment does not deter ;in as much as imprisonment does not
not protect society from further commission of crime because the greater portion of the criminal
population is at large and because prisoners stay in prison for a short time ,from 3 to 5 years only
society interest can best be served by helping the prisoner become a law abiding and productive
citizen upon his return to the community by making him undergo an intensive program of
rehabilitation in prison.

TRENDS OF PUNISHMENT

The principal trends of punishment are in the development of exemptions

1. pardon and
2. commutation; decline in the severity of punishment ;the growth of imprisonment and its
modifications ;
3. good conduct and time allowance,
4. indeterminate sentence
5. ,suspended sentence and
6. probation ,conditional release
7. parole, short sentences and
8. fines

EXEMPTIONS FROM PUNISHMENT

The bases of exemption are usually

1. social
2. Absence of mens rea (that is absence of guilty mind or unlawful intent)
3. Age of the offender
4. The mental condition of the offender.

DEVELOPMENT OF MODERN CORECTIONAL CONCEPTS AND STANDARD

Early forms of Punishment- The earliest form of punishment were

 1. death ,
2. torture,
3. maiming and
4. banishment
5. Shot drill 6. treadmill

the Jail was introduced in Medieval Europe as a place of confinement of persons arrested and
undergoing trial ,and for corporal punishment and banishment were the penalties for offenses which
today are punishable by imprisonment .

After convicted offender were chained to galleys to man the ships of war :

1. England 2. France and

3. Spain use transportation system of punishment by indenturing their convicts to penal colonies
where they served as slaves until they completed the service of their sentence.

Transportation of offenders to penal colonies was practiced principally by Europe Countries that had
acquired distant colonies because of the need to import labor into these colonies .England, more
than any other imperialistic country in Europe , made extensive use of transportation .England began
transportation of prisoners in 1718 by sending her convicts to the American colonies until the
American Revolution when the colonies obtained their independence ,England diverted her convicts
to Australia and New Zealand

England abandoned transportation of prisoners in the last half of the 19 century ,after much
agitations and protest on the part of the colonies .

DEVELOPMENT OF PRISON

Prison evolved as a substitute for

1. transportation
2. ,exile,
3. public degradations 4. particularly corporal punishment, and
5. death penalty.

In the United States where prison were first established imprisonment was introduced as a
substitute for corporal punishment and death penalty when, by the provision of the Pennsylvania
Reform Law of 1790, corporal punishment was abolished and the list of offenses punishable by death
was reduced to only one offense .that of first degree murder. As the United States and Europe
curtailed the use of death penalty ,prisons and penitentiaries were constructed to take care of the
unexecuted and unpardoned criminals .long sentences required prisons and penitentiaries that were
not places of detention for those awaiting trial or short sentences but for a lengthy stay of offenders
convicted of serious crimes.

THE AUBORN AND PENNSYLVANIA SYSTEM

Two rival prison systems appeared in the scene during the early history of imprisonment ,namely .the
Auborn and Pennsylvania prison system ,were establish in 1819 and 1829 respectively:

1. the features of Auborn system were confinement of the prisoner in a single cell at night and
congregate work in shops during the day.

Note: The United states which constructed their prisons patterned them after the Auborn system.

2. the features of the Pennsylvania system were confinement of the prisoners in their own cell day
and night.

Note: European countries adopted the

Pennsylvania system

THE REFORMATORY MOVEMENT

This consisted in the introduction of certain reforms in correctional field by certain persons, gradually
changing the old punitive philosophy of punishment (Mass treatment, enforced silence, idleness,
regimented rules and severe punishment) to a more humane treatment of prisoners with innovative
institutional programs.

Note: Penal administrators who contributed to the development of progressive reformatory system
were mentioned in chapter 11.

THE DECLINE OF REFORMATORY MOVE MENT

The reformatory system movement subsided gradually following the opening of Elmira because of the
founders lack of faith in the effectiveness of the program .the defect of the system was laid on the
lack of attempt to study criminal behavior from which to base treatment by 1910 it was generally
conceded that the reformatory system in the United states was a failure in practice .it was not until
1930 that the reformatory idea was revived as the direct result of the revamp of the educational
program of the Elmira reformatory.

THE INDUSTRIAL PRISON MOVEMENT

The Elmira reformatory movement was succeeded by the industrial prison movement. US common
wealth preferred the Auborn prison system to the Pennsylvania prison system because of its
congregate work program . .the value of prison labor began to be recognized in every prison
system because of the contribution that the work programs in prison become more deeply felt.state
government could hardly afford to provide the funds with which to run the prisons because of the
economic depression that hit the united states before and in the early 1930‟s the operations of
industries inside the penal institution was therefore ,considered a noble innovation that helped
support the prisons. Nearly every prison ,therefore ,was converted into factory engaged in the
manufacture of articles which were sold in open market for profit .

At about time ,it was observed that there was a sudden increased of criminality in the United states
some people attributed the increase of criminality to the depression . The united states congress
created a congressional committee to investigate the cause of the high incident of crime ,the
findings of the committee were that the rise in criminality was caused by the increase in recidivism
and repeatership in crime and that the increase in recidivism and habitual delinquency was attributed
to the abandonment of the rehabilitation program in penal institution in favor of operation of
industries as a remedial measure ,congress passed a law in 1934 ,which in effect ,prohibited the
sale of prison made articles to the public and limited their use to government owned
institutions and agencies .this law put an end to the Industrial Prison movement.

THE INTERNATIONAL PENAL AND PENITENTIARY COMMISSION

The first international organization in the field was the international Penal and penitentiary
commission established in 1875 .this organization was responsible for holding international penal and
penitentiary congresses every five years .the last congress was held in Hague in August 1950. The
commission developed publication studies and international exchange of information .and devoted
a great deal of attention to the formulation of basic or minimum standard of practice in the
treatment of offenders

THE FIRST JUVENILE COURTS

The first juvenile courts which was established in Chicago in 1899 ,was based on the principles long
used in England ,although England put up her own juvenile courts some years later when the child
act of 1908 was passed

THE LEAGUE OF THE NATIONS

Limited its scope in the social field to the problem of traffic women and children .Gradually the
league broadened the scopes of its activities in the filed and soon assume responsibility regarding
child welfare.

The question of the treatment of adult offenders was actually taken up by the league of nations in
1930.
In 1934 the league of nations adopted the standard minimum rules for the treatment of prisoners
,drafted by IPPC.

THE UNITED NATIONS PROGRAMME

The social commission of the United Nations in the first session in 1946 ,expressed the view that the
United Nations should assume the responsibility for the international action in the field of crime
prevention and treatment of offenders
,negotiations between the United nations and the International Penal and Penitentiary commission led
to an agreement for the dissolution of the latter body and for the transfer of its function to the United
nations .this plan of integration was approved by the IPPC on august 12 ,1950 .The IPPC was
actually dissolved on October 1. 1951

PENALTIES

PENALTY DEFINED

 Penalty is the punishment imposed by lawful authority upon a person who commits a
deliberate negligent act.

 Penalty is the suffering that is inflicted by the state for the transgression of law

CONCEPT OF PENALTY

Penalty in its general sense signifies pain ;especially considered in the juridical sphere ,it means
suffering undergone ,because of the action of human society
,by one who commits a crime

DIFFERENT JURIDICAL CONDITIONS OF PENALTY

1. Must be Productive of Suffering, without however affecting the integrity of the human
personality.
2. Must be Commensurate with the offense. Different crimes must be punished with
different penalties
3. Must be Personal- No one should be punished with the crime of the.
4. Must be legal Legal- It is a consequence of a judgment according to law.
5. Must be Certain – No one may escape its effects.
 6. Must be Equal to all
7. Must be Correctional.

THREE FOLD PURPOSE OF PENALTY

The Three-fold purpose penalty:

a. Retribution / Expiation – penalty is commensurate with the gravity of the offense.

b. Correction / Reformation – as shown by the rule which regulate the execution of the
penalties consisting in deprivation of liberty.

c. Social Defense- Shown by its inflexible severity to recidivist and habitual delinquencies.

THEORIES JUSTIFYING PENALTY

the following are theories justifying penalties

a) Prevention- the state must punish the criminal to prevent or suppress the danger to the
state arising from the criminal act of the offender.

b) Self defense- the state has a right to punish the criminal as a measure of self defense
so as to protect society from the threat and wrong inflicted by the criminal.

c) Reformation - the object of punishment in criminal cases is to correct and reform the
offender.

d) Exemplarity – the criminal is punished to serve as an example to deter others from

committing crimes.

e) justice - by the state as an act of retributive justice ,a vindication of absolute right and
moral law violated by the criminal .

THE CLASSES OF INJURY CAUSE BY THE CRIME

1) Social Injury – Repaired through the imposition of the corresponding penalty. Offended
party cannot pardon the offender so as to relieve him of the penalty.
 2) Personal Injury – Repaired through indemnity. it can be waived by the offended party.

MEASURES OF PREVENTION THAT ARE NOT CONSIDERED AS PENALTY

1) The arrest and temporary detention of accused person (preventive imprisonment) as

well as their detention by reason of insanity or imbecility or illness requiring their confinement
in a hospital.

2) The commitment of a minor to a reformatory institution

3) Suspension from employment or public office during the trial or n order to institute
proceedings.

4) Fines and other corrective measures which ,in the exercise of their administrative
or disciplinary powers ,superior officials may impose upon their subordinate

5) Deprivation of rights and the reparations which the civil law may be establish in penal
form

WHEN IS AN ACCUSED CONSIDERED PREVENTIVELY IMPRISONED

1) Offense charged is non-bailable , or

2) Even if bailable, he cannot furnish the required bond

WHEN IS AN OFFENDER PREVENTIVELY IMPRISONED ENTITLES TO DEDUCTION FROM

PENALTY IMPOSED

1. Full Time- if he agrees voluntarily in writing to abide by the same disciplinary rules
imposed upon convinced prisoners.

2. 4/5 or 80% of the time – if he does not agree to such rules mentioned aboved

WHO ARE NOT ENTITLED TO DEDUCTION

1. Recidivists
2. Habitual Delinquents
3. Those who, upon being summoned for the execution of their sentence, failed to
surrender voluntarily.
WHAT IS SUBSIDIARY IMPRISONMENT

A: Personal penalty prescribed by law in substitution of the payment of fine embodied in the decision
when the same cannot be satisfied because of the culprit‟s insolvency. (People v.
Jarumayan, 52 O.G. 248)

CLASSIFICATION OF PENALTIES

Scale, Principal Penalties

A. Capital punishment:

1. Death

B. Afflictive penalties:

1. Reclusion Perpetua,
2. Reclusion temporal,
3. Perpetual or temporary absolute
Disqualification,
4. Perpetual or temporary speciaL
Disqualification,
5. Prision mayor.

C. correctional penalties:

1. Prision correctional
2. Arresto mayor,
3. Suspension,
4. Destierro.

D. Light penalties:

1) Arresto menor, 2) Public censure.

D. PENALTIES COMMON TO THE THREE
PROCEEDING

a. Fine, and
b. Bond to keep the peace

Accessory Penalties
a. Perpetual or temporary absolute disqualification
b. Perpetual or temporary special disqualification
c. Suspension from public office, the right to vote and be voted for, the profession or
calling,
d. Civil interdiction,
e. Indemnification,
f. Forfeiture or confiscation of instruments and proceeds of the offense,
g. Payment of costs.

THE GENERAL CLASSIFCATION OF PENALTIES

1. Principal penalties – those expressly imposed by the court in the judgment of

conviction.

2. Accessory penalties – those that are deemed included in the imposition of the
principal penalties.

THE PRINCIPAL PENALTIES ACCORDING TO DIVISIBILITY

1. Indivisible penalties – those which have no fixed duration. Includes: death and
reclusion perpetua.

2. Divisible penalties – those that have fixed duration and are divisible into three periods.
Includes: reclusion temporal down to arresto menor.

THE PENALTIES ACCORDING TO THEIR GRAVITY

1. Capital
2. Afflictive
 3. Correctional
4. Light

Fines: May be imposed as an alternative or single penalty.

1. Afflictive – over P6,000

2. Correctional – P200 to P6,000
3. Light – less than P200

DURATION AND EFFECT OF PENALTIES

THE DURATION OF PENALTIES

Penalty Duration

Reclusion perpetua 20 years and 1 day

to
40 years
Reclusion temporal 12 years 1 day to
20 years
Prision mayor and 6 years 1 day 12
temporary years
disqualification
Prision Correctional 6 months I day to
6 years
Suspension and
Destiero
Arresto mayor 1 month and id ay
to
6 months
Arresto menor 1 day to 30 days
Bond to keep the Discretionary on
peace the court

DISTINCTION BETWEEN THE PENALTY OF RECLUSION PERPETUA AND LIFE

IMPRISONMENT

Reclusion perpetua Life imprisonment

Pertains to the Pertains to the
penalty imposed for penalty imposed for
violation of the RPC violation of special
laws
It has fixed duration It has no fixed
duration
It carries with it It does not carry with
accessory penalties it accessory
penalties
Although reclusion , it has remained to
perpetua has been be an indivisible
given a fixed penalty. Indivisible
duration, penalties have no
durations.

WHAT IS THE NATURE THE PENALTY OF DESTIERRO

A: Destierro is a principal penalty. It is a punishment whereby a convict is vanished to a certain place

and is prohibited from entering or coming near that place designated in the sentence not less than 25
kilometers but not to extend beyond
250 kilometers

PENALTIES WHICH ARE CONSIDERED BOTH PRINCIPAL AND ACCESSORY PENALTIES

1. Perpetual or temporary absolute disqualification;

2. Perpetual or temporary special disqualification;
3. Accessory Penalties

Accessory penalties need not be stated in the sentence.

The accessory penalties follow the principal penalty imposed for the crime as a matter of course; they
are automatically imposed even though they are not stated in the judgment.

CIVIL INTERDICTION DEFINED

Civil interdiction is an accessory penalty. Civil interdiction shall deprive the offender during the tie of
his sentence:
1. The rights of parental authority or guardianship either as to the person or property of
any ward;
2. marital authority;
 3. The right to manage his property; and
4. The right to dispose of such property by any act or any conveyance inters vivos.

RULES ON COMPUTATION OF PENALTIES

1. Offender is in prison - duration of the temporary penalties is from the day on which
the judgment conviction becomes final.

2. Offender not in prison – duration of penalty consisting in the deprivation liberty is from
the day that the offender is placed at the disposal of judicial authorities for the enforcement of
the penalty.

3. Other Penalties – duration is from the day on which the offender commences to serve
his sentence.

EFFECT OF PENALTIES

1. Perpetual or Temporary Absolute

Disqualification for public Office:

a) Deprivation of public offices and employment, even if by election.

b) Deprivation of the right to vote or to be elected.
c) Disqualification for the offices or public employments and for the exercise of any rights
mentioned.
d) Loss of right to retirement pay or pension for any office formerly held.

Perpetual absolute disqualification lasts during the lifetime of the convict.

Temporary absolute disqualification lasts during the term of the sentence, and is removed after the
service of the same.

2 .Perpetual or Temporary Special Disqualification for Public Office,profession or Calling:

a) Deprivation of the office, employment profession or calling affected.

b) Disqualification for holding similar offices or employments perpetually during the term of
the sentence.
3. Perpetual or Temporary Special
Disqualification of the Right to Suffrage:

a) Deprivation of the right to vote or to be elected to any public office.

b) Cannot hold any public office during the period of the disqualification.

4. Suspension from Public Office Profession Calling or the Right to Suffrage

a) Disqualification from holding such office or BUREAU OF JAIL MANGEMENT AND

PENOLOGY (BJMP)

INTRODUCTION

Are important element on our nation „s correctional system ,serving at the most commonly used
type of confinement in 1166 King Henry 11 of England ordered every

exercising such profession or sheriff to establish a goal

pronounced jail in
calling or right of suffrage during the term of the sentence.
b) If suspended from public office, he cannot hold another office having similar functions during the
period of suspension.

5. Civil Interdiction:

1. Deprivation of the rights of parental authority or guardianship of any ward.

2. Deprivation of martial authority.
3. Deprivation of the right to manage his property and of the right to dispose of such
property by any act or any conveyance inter vivos.
6. Bonds to Keep Peace:

Offender must present to sufficient sureties who shall undertake that the offender will not
commit the offense sought to be prevented, and in case such offense be committed, they will pay the
amount determined by the court; or
a) Offender must deposit such amount with the clerk of court to guarantee said
undertaking; or
b) Offender may detained if he cannot give the
bond, for a period;
Not to exceed 6 months- for grave or less grave felony, or

Not to exceed 30 days- for a light felony

Bond to keep peace is different from bail bond which is posted for the provisional release of a person
arrested for accused of a crime.

the distinctions between bond to keep the peace and bond for good behavior?

Bond to keep th eBond for

good
peace
behavior

Failure to post a bon d it is light only s The

to keep the peace i legal effec
imprisonment either
of failure to post a
fo six months or 30
bond
days depending on
weathe the felony for good behavior is
committed i grave or no imprisonment bu
less grave o one
hand, sdestierro under
Article n284.

his shire for the purpose of sewing offenders until they could be brought before the king, s court .

Furthermore ,jailers were often unsalaried ,earning a living by collecting fees from those they kept
incarcerated in 1577 in England ,Workhouses or Bridewells also evolved during this time .providing
additional profit to greedy jailers who hired out their prisoner to local merchants.

BUREAU OF JAIL MANAGEMENT AND PENOLOGY

The bureau of Jail management and Penology was created pursuant to RA 6975 signed on
December 13 1990 and became known as the DILG Act of 1990.

Anather agency tasked under the Corrections Pillar to supervise sentenced Municipal and city
Prisoner as well as detainees awaiting trial or awaiting court decisions are the BJMP .the
methodology of its supervision is closely patterned after that of bureau of corrections

Under section 60 , the Bureau of jail Management and Penology ,hereinafter referred to as Jail
bureau ,is hereby created initially consisting of the existing officer and none uniform members of the
office of the Jail Management and Penology as constituted under Presidential Decree No &65 under
defunct Philippine Constabulary /Integrated National Police.

Jails

are institution for the confinement of person who are awaiting final disposition of their criminal
cases and also for the service of those convicted and punished with shorter sentences, usually up to
three years.

Types of Jails:

1) Lock-up Jails- is a security facility for the temporary detention of person held for
investigation or awaiting preliminary investigation.

2) Ordinary jail – houses both offenders waiting court action and those serving short
sentence usually up to three
years./Provincial Jail

3) Workhouse, jail farm,Camp - jail farm/camp houses- minimum custody offenders

serving short sentence with constructive work programs.

PROVINCIAL AND SUB-PROVINCIAL JAILS

Provincial Jail System was first established in 1910 under American Regime. Each of the seventy-
six (76) provincial jails supervised and control by their respective provincial government.

The Provincial Jail of Cebu with the Dancing Inmate

 Known as Cebu Provincial detention

Rehabilitation Center (CPDC)
 Is a maximum security prison in Cebu, Cebu Province.
 Byron Garcia the warden who created the dancing program for inmates
 Becomes famous you tube sensation for their thriller dance video ,performed a stage
tribute for their idol ,Michael Jackson
 Their choreographer Gwendolyn Lador Garcia first uploaded of prisoner‟s
choreography was the Algorithm March but this was almost entirely ignored ,but the next
upload thriller had a massive response

Sub-Provincial Jails.
 There are twenty-one (21) sub-provincial jails and it was also established and constructed by the
Provincial Government to house prisoners whose prison term ranges from six (6) months and one (1)
day to three (3) years and other inmates undergoing court proceedings

THE CHILD AND YOUTH WELFARE CODE

Another land Mark legislation regarding correction is the one pertaining to youth offenders .On
December 10, 1974,Presidential Decree No .603 otherwise known as Child and Youthful Welfare
Code of 1974 was promulgated .this code became the Magna Carta for Children and was the first in
the entire ASEAN region.

Before P.D. 603 went into effect ,however ,there is already a long existing law covering the
probationary treatment of juveniles in conflict with law .this is commonwealth Act No 3203 that went
into effect on December 3, 1924. This the first youth offender;s law of the land .This law established
the welfare institutions,which took responsibility of taking charge of all Government child caring
institution.Home for the aged and infirm as well as the Philippine training School for boys they were
put under supervision of the office of Public Welfare Commission

All this facilities were centralized and located at what was known as Welfareville in Mandaluyong,
which was still then part of the province of Rizal . Welfareville a fiftyhectare land with forty –(40)
building . Five of the building were for the homeless neglected displaced and abandoned boys picked
up by the Police ,The Training School for boys and the confinement institution for youth in conflict with
the laws ,and a home for the aged and the firm.

On November 29, 1969 the Philippine Training School for boys was transferred to Sampaloc,
Tanay,and Rizal where it continues to stay to this day .it was named Vicente Madrigal
Rehabiliatation Center . (VMRC) in honor of the one who donated the land Eventually ,However, it
returned to its old official name ,the National training Schools for Boys.

On the other hand, the Philippine Training School for girls transferred to Alabang which became the
Marillac Hills up to this day, However ,in view of theincreased incidence of child abuse and
exploitation .Marillac Hills now only has a cattage for youthful offenders

Presidential Decree 765 –

enacted last July 16, 1975 creating the Office of the Jail Management and Penology under B/Gen.
Laquian, during that time 18-22% of the annual income of the local government were given to PC/INP
as their salaries and allowances. The city and municipal jails were under the supervision and control
of the local PC/INP and supported by the local government financially.

Republic Act 6975 – “DILG Act of 1990”,

which creates the PNP, Fire and Jail Services as separate and distinct bureaus, on July 1, 1991,
BJMP was created under the DILG to supervise and control the administration and operation of all
district, city and municipal jails
.

POWER ,FUNCTION AND ORGANIZATION OF JAIL BUREAU (BJMP)

POWER

 The BJMP exercises supervision and control over all cities and Municipal Jails . The Provincial
Jails shall be supervised and controlled by the provincial Government within its jurisdiction
,whose expenses shall be subsidized by the national Government for not more than 3 years
NOTE:

 RA No 9263 –An act providing for professionalization of the BFP and BJMP
 Director Charles s Mondejar took his oath of office on July 1 of 1991 as the first chief of the
Bureau.
 At Present Director Rosendo Moro Dial

Ceso 111

The Bureau shall exercise supervision and control over all district, city and municipal jail to ensure
secured, clean, sanitary and adequately equipped jail for the custody and safekeeping of city and
municipal prisoners, any fugitive from justice or persons detained awaiting investigation or trial and/or
transfer to national penitentiary, and any violent, mentally-ill person who endangers himself or safety
of others.

Known as the Bureau of Fire protection and Bureau of jail Management and Penology Act of 2004
amending certain provision of R.A. 6975 providing funds therefore and for other purposes

WARDEN

 is responsible for the direction, coordination and control of the personnel.

 As well as security ,safety,discipline and well beings of inmates
 May organize the following Units

1. Intelligence and investigation team- it gathers, collect and submits intelligence

information to the office of the warden on matter regarding the jail conditions
 2. Jail inspectorate section –inspect jail facilities ,personnel ,and prisoners and submit
reports to the warden.
3. Public Relation office- Maintain public relation to obtain the necessary and adequate
public support

ASSISTANT WARDEN

 Undertakes the development of a systematic process of treatment

 Chairman of the classification board and disciplinary board.

ADMINISTRATIVE GROUPS

1. Personnel management branch

 Assignment of personnel
 Procedures of selection
 Preparation of personnel report
 Individual records

2. Record and Statistic Branch

 Keep and maintain booking sheets and arrest reports

 Keep an orderly record of fingerprints and photographs
 Prepare/present statistical data of equipments and supplies

3. Property and supply branch

Take charge of safekeeping of equipments and supplies

4. Budget and Finance branch

Take charge of all financial

5. Mess service branch

Take charged of preparation of daily menu

6. General service branch

Responsible for the maintenance and repair

of jail facilities and equipments

CUSTODY, SECURITY AND CONTROL, MOVEMENT AND TRANSFER OF PRISONERS AND

DETAINEES

CONCEPT: The overall concept of jail security operations encompasses both prevention and
rehabilitation. These two efforts are inseparable as neither can be accomplished without the other.
Jail security is necessary to safeguard the lives of people residing within the vicinity, those managing
the jails, and inmates whose lives are to be rehabilitated to become constructive members of the
society.

DUTIES OF THE CUSTODIAL FORCE

Members of the custodial force shall have the following duties and responsibilities:

a) Supervise and maintain order and discipline of inmates in housing units, those
assembled for religious services, entertainment and athletics, during meals, classes, work
details, baths and visits;
b) Censor offender‟s mail;
c) inspect security devices;
d) Maintain inner and outer perimeter security;
e) Escort inmates to court, other authorized places of confinements and to hospitals in
cases of emergencies;
f) Insure custody and safety to those confine in jail;
g) Escort visitors within the jail premises;
h) Report any infringement of rules and regulations to proper authorities;
i) Inform the Warden of any emergency case;
j) Keep and maintain records of the inmates;
k) Perform such other duties as may be assigned by competent authority.

SECURITY AND CONTROL

The following guidelines should be strictly observed in jail, security and control:
 a) Maintain strict control of firearms. Never permit any firearm inside the jail except in
some areas where firearms are authorized.
b) Maintain 24-hour supervision of inmates.
c) Maintain a system of key control, which shall include an accurate listing of all keys and
of receipting them. Never permit the inmates to handle keys or to study them.
d) Secure firearms and anti-riot equipment in the armory where they shall be within easy
reach of the jail guard and yet afford maximum security against access by offenders.
e) Supervise the proper use of tools and other potentially dangerous articles such as
bottles, acids, kitchen knives, etc., and keep them out of offenders reach when not in use.
f) Conduct regular inmates‟ count at least four (4) times within the 24-hour a day-period.
Establish procedures, which will ensure beyond doubt, that every offender is physically present
or accounted for, at every count.
g) Conduct frequent surprise searches of offenders and their quarters to detect
contraband.
h) Conduct frequent inspections of security facilities to detect tampering or defects.
i) Guard against escapes, assault on jail personnel and inmates‟ disturbances.
j) Develop plans dealing with emergencies like escapes, fires, assaults, riots, and noise
barrage. Make plans known and understood by jail personnel.
k) Never allow a jail guard to open the inmates‟ cells alone. At least, another guard should
be present.
l) Select carefully the inmates to be assigned as orderly or aide and maintain rigid control
over their activities. No offender should be allowed to assume any of the authority, which
belongs to the jail staff or shall any inmate be allowed to exercise authority, supervision and
control over other prisoners.

INMATE’S COUNT

It is a part of the institutional procedure that at specified times during each 24-hour period, all inmates
are physically counted, for this type of count, the general procedures are as follows:

a) Each inmate is counted physically at specified times;

b) During the count, all movements of inmates shall cease until the count is completed;
c) The count must be accurate. A positive verification must be made that the inmates are
physically present;
d) Result of each of a group of inmates is submitted to the Warden and/or Deputy
Warden; and
e) If the total jail count does not tally with the total jail population in any given time,
verification shall be made. An immediate report shall be rendered to the Warden and/or Deputy
Warden for any unaccounted inmate.

DINING ROOM SECURITY

 a) As a general precaution, individual mess utensils of inmates shall be made of plastics.

b) When dining rooms are provided, the inmates should be marched in column of two‟s along
designated routes under the supervision of one or two jail personnel. Other official‟s must be
stationed along the route to direct the orderly movement of inmates to and from the mess hall.
c) There must be a roving supervisor to handle occasional disturbances or settle complaints.

d) After meals, all utensils used by the inmate should be collected. This should be strictly
supervised by jail personnel to be sure that no utensils are brought out of the dining room.
e) Forks, spoons and other kitchen utensils should be checked and accounted for after every
meal.

MAIL CENSORSHIP

Communication with relatives, friends and lawyers are encouraged among inmates through
correspondence. However, this privilege will be extended to inmates subject to following regulations:

a) Duly designated censor, a member of the custodial force will maintain and record all incoming
and outgoing mails of inmates;
b) The inmate‟s mail shall be opened and searched only by qualified, trained and authorized jail
personnel;
c) Letters containing currency, checks or money should be marked with the amount enclosed and
deposited with the Trust Officer or Property Custodian.
d) All greeting cards should be carefully examined and fillers of any kind found therein should be
collected for laboratory examination;
e) Photographs clearly within the scope of the jail regulations should be marked on the reversed
side and placed in the envelop;
f) Prison slang, unusual nicknames and sentences with double meaning should be carefully
studied and analyzed to determine the real meanings;
g) All letters containing statements concerning the security or reputation of the jail, like attempts
of escape, smuggling of contraband and statement that may affect the rules and regulations etc.,
shall be forwarded to the
Officer-in-Charge of mail censorship;
h) All letters passed by censors should bear the stamp at the top of each page and on the
envelope.
i) Contents of inmate‟s mail should not be discussed with other jail personnel, except
for official purposes;

MOVEMENT/TRANSFER OF INMATES

Circumstances that an inmate may be moved or transfer

1. Subject to the conditions set forth by the succeeding rules and procedures an inmate may
be brought out from jail in any of the following instances

a) To appear ,as a witness or as accused ,before any court of justice ,during preliminary
investigation ,arraignment or hearing of criminal case
b) To appear as a witness with leave of court in any investigation or formal inquiry
conducted by a government agency or
c) To view with leave of court the remains of a deceased relative within the second degree
of affinity and consanquinity
d) To undergo with leave of court medical examinations or treatment in an outside
hospital clinic
2. No inmate may be transferred to another institution only upon specific order of the court
having jurisdiction over him/her except in cases of serious illness where hospitalization is
necessary and the detainee has to be immediately taken to the nearest hospital ,with tHe court
subsequently notified
3. In any emergency or other compelling situations /necessities ,when transfer to the other
jails of inmates involved is necessary to ensure the safety and security of the inmates and
personnel ,the warden can recommend to the Regional Director , verbally or in writing their
immediate transfer ,on the first hour of the following working day ,the court concerned must be
informed of the said transfer
4. For those inmates who wish to view the remains of a deceased relatives ,leaves of court
shall first be obtained

However the warden may request reconsideration from the court to recall and disapproved said order
under any of the following grounds

a) The deceased relative is lying in state in a place beyond 3o kilometer radius from the
place of confinement of the inmate or, in any case where the inmate cannot return to said
place during day light hours
b) The detainee has a record of escape,and
c) The detainee is classified as high risk high profile and the jail ahs inadequate resources
and those of the jail officers escorting him
5. Before leaving the jail for the authorized destinations ,the inmate shall turn over to the warden such
amount that may be necessary
to pay for his transportation and meal expenses and those of the jail officers escorting him

RULES DURING MOVEMENT OR TRANSFER OF INMATES

1. The responsibility for the security of the inmate being moved or transfer shall remain
with the custodian until received by another custodian ,whenever possible transfer shall be
made during the day .any movement or transfer of inmates shall be treated
confidentially
2. Prior movements or transfer all jails officers shall be given detailed instruction on their
duties and responsibilities to include specific instruction that the most direct route to the
destination must be followed
3. An inmate being moved or transfer shall be handcuffed and secured to any part of the
vehicle during transit to avoid being trapped in case of accident
4. Before any movement or transfer ,all inmates shall be inspected and searched foe
dangerous weapons or objects ,which may be used for escape or self destruction
5. As a general rule ,inmates under escort shall always be under watchful eye of the jail
officer. the jail officer shall always be closed enough to the inmate being escorted to be able to
respond effectively in case of emergency
6. In case an inmate is move /transferred from one jail to another facility or correctional
institution ,his/her carpeta must be forwarded to the jail where he/she is to be confined and
duly received by the designated Records Custodian.

The following basic security precautions shall be observed during the transfer or movement
of inmates:

a) Do not allow inmates to tinker with the handcuffs

b) Always ascertain that the inmate does not have crippled ,deformed or very small hands
that will allow him /her to slip the hand cuff off
c) Adjust the cuffs properly for tightness to avoid the need of adjustment while on route
d) Regard all inmates being moved /transferred as extremely notorious ,to avoid being
careless
e) Do not allow an inmate to go to toilet or washroom alone
f) A jail officer shall be extra careful not to sit ,and stand ,or walk next to inmate while
carrying a gun as it can easily grabbed from him
g) Stopping alone the highway while in transit is highly discouraged ,especially when
moving or transporting inmates by vehicle hired solely for the purpose and
h) Personal vehicle of the inmates shall not be
used for their movement or transfer

LEAVES FROM JAIL

Leaves from jail shall be allowed only on very meritorious cases, like the following:

1) Death or serious illness of spouse, father, mother, brother or sister, or children; and
2) Inmates who are seriously ill/injured may be given leave for hospitalization or medical
attendance under proper escort.
RIGHTS AND PRIVILEGES OF AN INMATE

An inmate shall have the following basic rights:

1. to receive compensation for labor he performs;

2. to be credited with time allowances for good conduct and loyalty,
3. to send and receive mail matter;
4. to practice his religion or observe his faith;
5. to receive authorized visitors;
6. to ventilate his grievances through proper channels;
7. to receive death benefits and pecuniary aid for injuries.

NOTES:

 Inmates shall be served meals three (3) times a day. Breakfast shall be served not
more than fourteen (14) hours after the previous day's dinner.

 Foreign inmates ‑ Inmates of a foreign nationality shall be allowed to communicate

with the diplomatic and consular representatives of the State of which he or she is a national.

 Stateless inmates ‑ A national of a state without diplomatic or consular representation

in the country and a refugee or stateless person shall also be allowed to communicate with the
diplomatic authorities of the state which takes charge of his or her interests or any national or
international authority tasked to protect such person.

Visiting days and hours. ‑ An inmate may be visited from Sundays to Thursdays from 9:00 a.m. to
3:00 pm visitors shall not be allowed to stay overnight in prison. There shall be no visits on Fridays
and Saturdays. Due to inmate wash days and inspection and weekly muster and inspection of the
members o of the custodial force.

Conjugal visits. ‑ A male inmate may enjoy conjugal visits from his spouse in prisons where there
are facilities therefor under such conditions as may be prescribed by the Director.

Visit of legal counsel. ‑ An inmate maybe visited by his legal counsel of record at reasonable hours
of the day or night.

PRIVILEGES OF AN INMATE
 1. Attend or participate in any entertainment or athletic activity within the prison
reservation;
2. Read books and other reading materials in the library;
3. Smoke cigar and cigarettes, except in prohibited places
4. Participate in civic, religious and other activities authorized by prison authorities; and
5. Receive gifts and prepared food from visitors subject to inspection.

RIGHT OF A DETAINEE

A detainee may, aside from the rights and privileges enjoyed by a finally convicted inmate, wear
civilian clothes and to grow his hair in his customary style.

PRIVILEGES OF A COLONIST

1. Additional five days of GCTA for each calendar months on the top of the regular five days
GCTA granted under Article 97 of the RPC 2. Automatic reduction to 30 years if sentence is life
imprisonment
3. To bring his family or the woman he will marry to live with him .His family or fiancee will be
reimbursed their transportation expenses in going to the facility to live with the inmate and
return transportation expenses upon release.the family may also be entitled to avail of prison
facilities like hospitals,schools and others for free ,family mebers ,however, are subject to the
rules being implemented in the facility
4. Reasonable amount of clothing and ordinary household supplies from the government
commissary as special reward to deserving colonist and 5. To wear civilian clothes on such
special occasions as may be designated by the superintendent

Note : husband and wife inmates may serve their sentence together in a prison and penal farm
as soon as both are classified as colonists

The superintendent may revoke3d the colonist status for cause with the concurrence of the
director of prisons

COMMITMENT AND CLASSIFICATION OF INMATES

COMMITMENT. – Means the entrusting for confinement of an inmate to a jail by competent court or
authority for investigation, trial and/or service of sentence.
COURT AND ENTITIES AUTHORIZED TO COMMIT PERSON TO A JAIL

The following (courts and entities) are authorized to commit a person to jail:

1. Supreme Court
2. Court of Appeal
3. Regional Trial Court
4. Metropolitan/Municipal Trial Court
5. Municipal Circuit Trial Court
6. Board of Transportation
7. Deportation Board
8. Commission .of Election
9. National Prosecution Service
10. Police Authorities
11. All other administrative bodies as maybe authorized by law

CLASSIFICATION-

Refers to assigning or grouping of inmates according to their sentence, gender, age, nationality,
health, criminal records, etc.

WHO IS A PRISONER

 A prisoner is a person who is under the custody of lawful authority .A person who by of
his criminal sentence or by decision issued by a court ,may be deprived of his liberty or
freedom
 A prisoner is any person detained /confined in jail or prison for the commission of
criminal offense or convicted and serving in a penal institution
 A person committed to jail or prison by a competent authority for any of the following
reasons .to serve a sentence after conviction
trial o-investigation

GENERAL CLASSIFCATION OF PRISONERS

1) Detention Prisoners

those detain for investigation

,preliminary hearing ,or awaiting trial. A detainee in lock up jail they are prisoners under the
jurisdiction of courts .

2) Sentenced prisoners-

 offenders who are committed to the jail or prison in order to serve their sentence
after final conviction by competent court,
 prisoners under jurisdiction of penal institution

3) Prisoners who are on safe keeping.

Includes non criminal offenders who are detained in order to protect community against their
harmful behavior
Ex mentally deranged individuals ,insane person.

WHEN JUDGEMENT BECOMES FINAL A JUDGEMENT BECOMES FINAL

1. When the period for perfecting an appeal has lapsed

2. When the sentence is partially or totally satisfied or served
3. When the accused expressly waived in writing his right to appeal and
4. When the accused applies for probation

WHEN JUDGEMENT OF ACQUITTAL BECOMES FINAL

A judgment of acquittal becomes final immediately after promulgation and cannot be recalled for
correction or amendment any modification thereof
will result in double jeopardy

CLASSIFICATION OF SENTENCED PRISONERS

The four (4) main classes of prisoners are, namely:

1. Insular/National Prisoner – One who is sentenced to a prison term of three (3) years
and one (1) day to death.

2. Provincial Prisoner – One who is sentence to a prison term of six (6) months and one
(1) day to three (3) years. Or those detain therein waiting for preliminary investigation of
their case cognizable by the RTC

3. City Prisoner – One who is sentence to a prison term of one (1) day to three (3) years.
Or a fine of not more than 1.000 pesos or both or Those detain therein whose cases are filed
with the MTC or those detain therein whose cases are cognizable by the RTC and under
Preliminary investigation

4. Municipal Prisoner – One who is sentence to a prison term of one (1) day to six (6)
months. Those detain therein whose trial of their cases are pending with the MTC

5. Sentenced youth offender-are sent to Regional rehabilitation centers operated by

DSWD.

CLASSIFICATION OF DETAINEES –

The three (3) types of detainees are those :

a) Undergoing investigation;
b) Awaiting or undergoing trial ; and
c) Awaiting final judgment.

CLAASIFICATION OF PRISONERS ACCORDING TO DEGREE OF CUSTODY

Classification of inmates as to security risk.

1. Maximum security - This shall include highly dangerous or high security risk inmates
as determined by the Classification Board who require a high degree of control
and supervision. Under this category are;

An inmate shall be assigned to any of the following security groups:

a) those sentenced to death;

b) Those whose minimum sentence is twenty (20) years imprisonment;
c) Remand inmates or detainees whose
sentence is twenty (20)
years and above and
d) those whose sentence are under review by the Supreme Court or the
Court of Appeals;
 e) Those with pending cases;
f) Recidivists, habitual delinquents and
escapees;
g) those confined at the RDC
h) Those under disciplinary punishment
or safekeeping;
i) Those who are criminally insane or

j) those with severe

personality or emotional disorders that make them dangerous to fellow inmates or the prison
staff.

2. Medium Security- this shall include those who cannot be trusted in less -secured areas
and whose conduct or behavior require
minimum supervision

Under this category are:

a) Those whose minimum sentence is less than twenty (20) years imprisonment,
b) Remand inmates or detainees whose sentences are below twenty (20) years;
c) Those who are eighteen (18) years of age and below, regardless of the
case and sentence;
d) Those who have two (2) or more records of escapes. They can be classified as medium
security inmates if they have served eight
(8) years since they were recommitted. Those with one (1) record of escape must serve five (5)
years; and First offenders sentenced to life imprisonment. They may be classified as medium security
if they have served five (5) years in a maximum security prison or less, upon the recommendation of
the Superintendent.

e) Those who were detained in a city and/or provincial jail shall not be entitled to said
classification.

3. Minimum security ‑This shall include those who can be reasonably trusted to serve their
sentences under less restricted conditions.

Under this category are.

a) those with a severe physical handicap as certified by the chief medical officer of the
prison;
 b) those who are sixty‑five (65) years old and above, without pending case and whose
convictions are not on appeal;
c) those who have served one‑half (1 /2) of their minimum sentence or one‑third
(1/3) of their maximum sentence, excluding Good Conduct Time Allowance (GCTA) as provided in
Chapter 4,
Part III hereof; and
d) Those who have only six (6) months more to serve before the expiration of their
maximum sentence.

Correctional institutions are mostly diversified on the basis of degree of custody, among which are
the following:

1. Super Security Facility:

A small portion of any prison population consists of incorrigibles, recidivists, escape artists, and
chronic troublemakers. This category of prisoners should be confined in a unit or institution separate
from the general population. Ideally they should be confined in a super maximum type of prison, like
Alcatraz, where escape is quite impossible.

2. The maximum Security Institution:

This type of institution is characterized by thick wall enclosures, 18 to 25 feet high. On top of the wall
are catwalks along which the guards patrol at night. At corners and strategic places are tower posts
manned by heavily armed guards. The housing units within the walls are of the interior cell block type.
Inmates confined in this type of institution are not allowed to work outside the institutions but are
assigned to industrial shops within the prison compound.

3. The Medium Security Institution:

two layers of wire fence usually enclose this type of institution. The inner fence is 12 to 14 feet high
with curb and the outer fence is 8 to 12 feet high. The two fences are from 18 to 20 feet apart. Usually
the top portion of the fence is provided with barbed wire. The perimeter fence requires a minimum
number of personnel to guard it. The housing units consist of outer single cells, honor rooms, squad
rooms and dormitories. The inmates may be allowed to work outside the fence under guard escorts.

4. The minimum Security Institution:

This type of institution is usually without a fence, and if there is one, its purpose is to keep away the
civilian population from entering the institution rather than preventing escapes. There are no bars or
keys to neither dormitories nor armed guards within the institution.
 5. The Special Security Facility:

About two percent of an Unselected prison population will consist of incorrigibles, intractable, and
dangerous persons who are so difficult to manage that they are a source of constant disturbance and
difficulty even in the typical maximum security institution.

The color of the uniform of an inmate shall be based on his security classification, as follows:

Maximum security - Tangerine

Medium security Blue

Minimum security Brown
detaine Gray

PRISONER AUTHORIZED TO GO OUT OF THE PRISON

A prisoner may be taken out of prison in any of the following instances.

1) For appearance in court or other government agencies.

2) For medical treatment or examination
3) For viewing the remains of relative

Pursuant to Executive Order No. 70 only medium and minimum security prisoners may be
allowed to view the remains of the immediate members of their families within the second degree of
consanguinity as follows:

1) Wife/Husband
2) Children
3) Brother and Sister
4) Father or Mother
5) Grandchildren
6) Grandparents

The inmate may be allowed more or less three (3) hours to view the deceased relative in the place
where the remains lie in state but shall not be allowed to pass any other place in transit, or to join the
funeral cortege.

Distance of travel.
The privilege maybe enjoyed only if the deceased relative is in a place within a radius of thirty (30)
kilometers by road from the prison. Where the distance is more than thirty (30) kilometers, the
privilege may be extended if the inmate can leave and return to his place of confinement during the
daylight hours of the same day.

APPLICATION TO VIEW THE REMAINS OF A DECEASED RELATIVE SUPPORTING

DOCUMENTS

A minimum or medium security inmate may, upon written application, be allowed by the
Superintendent to view the remains of the following relatives upon written application and submission
of the original or certified true copies of the death
certificate, the burial permit and the documents specified hereunder:

1. Wife or husband (marriage certificate);

2. Child (birth certificate of child and marriage certificate of the inmate);
3. Brother/sister (birth certificate of brother/sister and birth certificate of the inmate);
4. Father/mother (birth certificate of the inmate);
5. Grandchild (birth certificate of grandchild and of the latter's parent who may be son or
daughter of the inmate);
6. Grandparent (birth certificate of the inmate and of his/her parent who is the
son/daughter of the deceased grandparent).

OUTSIDE MOVEMENT OF DEATH CONVICT

A death convict shall not be allowed to leave his place of confinement except for the urgent treatment
or diagnosis of a life threatening or serious ailment, if the diagnosis cannot be done or the treatment
provided in the prison hospital.

Basis of court appearance

The court appearance of an inmate shall be based on a subpoena issued by the court as endorsed
by the Director.

EMPLOYMENT OF PRISONERS

The employment of prisoners has other values. Inmates who work contribute to their own support and
thereby reduce the tax burden on the free citizens who are required to bear the expense of
maintaining penal institutions.
Work not only lessens the boredom of institutional life, but also is a means where by inmate‟s
maintain or regain, their self-respect.

Female inmate

A female inmate shall only be assigned to work on jobs suitable to her age and physical condition.
She shall be supervised only by women officers.

Old inmate

An inmate over sixty (60) years of age may be excused from mandatory labor.

take place until after the expiration of at least eight (8) hours following the notification, but before
sunset.

During the interval between, and the notification and execution, the convict shall, as far as possible,
be furnished such assistance as he may request in order to be attended in his last moments by a
priest or minister of the religion he professes and to consult his lawyers, as well as in order to make a
will and confer with the members of his family or of persons in charge of the management of his
business, of the administration of his property, or of the care of his descendants.

Suspension of execution of the death sentence.

–

Execution by lethal injection shall not be inflicted

1. Upon pregnant woman

2. a woman within one year after delivery, nor
3. upon any person over seventy (70) years of age. In this last case, the death sentence
shall be commuted to the penalty of reclusion perpetua with the accessory penalty provided in
article 40 of the Revised Penal Code.

Place of execution.

The execution by lethal injection shall take place in the prison establishment and space thereat as
may be designated by the Director. Said place shall be closed to public view.

Execution procedure –
 Details of the procedure prior to, during and after administering the lethal injection shall be set forth
in a manual to be prepared by the Director and submitted to the Secretary for review and approval.
The manual shall contain details of, among others, the sequence of events before and after the
execution; procedures in setting up the intravenous line; the administration of the lethal drugs; the
pronouncement or death; and the removal of the
intravenous system,

Administering of lethal drugs. –

The injection of the lethal drugs to a death convict shall be made by a person designated by the
Director.

Identity of relatives of death convict and of person administering lethal injection - The identity of the
relatives of the death convict and the person who were designated to administer the lethal injection
shall be kept secret.

Selection and composition of media witnesses. – The media witnesses shall be selected from
among those present two (2) hours before the scheduled execution and shall be drawn from the
following sectors:

a. Two (2) from newsprint (broadsheet);

b. Two (2) from newsprint (tabloid);
c. Two (2) from TV;
d.two(2) from radio
e. two (2) from foreign press

Expulsion of witness

Any person who makes unnecessary noise or displays rude or improper behavior during an execution
shall be expelled from the lethal injection chamber.
Non-recording of execution - The Director shall not allow the visual, sound or other recording of the
actual execution by media or by any private person or group.

Time for burial –

The burial of death convict shall be held immediately after execution in a common graveyard for
inmates. In case the cadaver of the convict is claimed by his relatives, his burial shall held not later
than three (3) days after his body was released.
Plans for Emergency in Prison
Procedures in dealing with riots or disturbances
a. At the sound of the first alarm, all inmates shall be locked up inside their respective
cells/quarters. Inmate work crew shall immediately returned to the prison compound or previously
designated areas for accounting and confinement after a head.
b. If the disturbance occurs during visiting hours, all visitors shall immediately ushered out of
prison compound or if this is not possible, brought to a pre-determined area inside said compound.
In the latter case, the visitors shall not be allowed to leave the said area or the compound until
disturbance has ceased and the inmates have been properly identified.
c. At the same time, all guards who are not on duty shall be directed to immediately report to
the desk officer. All critical posts shall be manned to prevent escapes. The most senior guard
present shall take command of the custodial force and make assessment of the situation.
d. All telephone calls to and from the prison compound shall be controlled
e. Based on the assessment of the prevailing condition by the OIC, he may deploy the guards in
the following groups:
1. 1st Group – the initial wave of anti-riot contingent whose purpose is to disperse
rioters. They are armed with wicker shields, headgears, gas masks and batons.
2. 2nd Group – equipped with teargas guns and gas grenades.
3. 3rd Group – trained in proper handling and use of firearms.
After the riot, the following procedure shall be followed:
a. Conduct head count
b. Segregate ringleaders and agitators
c. Assess and determine the damage to the facilities
d. Investigate the cause of the riot
e. Repair damages
f. Adopt measures to prevent similar incident
g. Administer first aid to the injured
h. Submit a report of the incident to the secretary

for more information regarding inmates. Please see this website

https://www.bjmp.gov.ph/images/files/Downloads/Forms/BJMP-OpnsManual2015.pdf