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INSTITUTIONAL CORRECTION The concept of restitution


CA 311 (Payment))
CMO No. 05, Series of 2018 Punishment were met
according to the social class
MARIZ P. BALQUIN of the offender

Code of Draco (late 7th harsh code in Greece that


century BC) provides the same
Overview punishment for both
citizens and the slaves
Correction Early Penitentiary/ Prison (Delizo, 2013, p.4)

Branch of the administration of criminal justice charged Maine State Prison


with responsibility for the custody, supervision, and Sing Sing Prisons Founded by Warden Elam
rehabilitation of the convicted offender Lyands
The shower bath was a
gadget so constructed as to
Purpose of Corrections: drop a volume of water on
the head of a locked naked
1) Reformation of Offenders offender
2) Prevention of Crime St. Michael Prisons Pope Clement XI
Emphasized the
Two (2) approaches in the Philippine Correction System rehabilitative concept
Segregation of prisoners
Institutional-Based Corrections and force silence to make
the prisoners contemplate
This approach provides incarceration and their wrongdoings
rehabilitation of offenders who are sentenced by the court to They listened to religious
serve the prison term after conviction of a criminal offense to brothers giving religious
an institution. teachings.
This style was adopted by
Community-Based Corrections Auburn System
Auburn System Also known as New York
Community-based corrections are alternatives to System or Congregate
imprisonment or incarceration. It refers to any community- System
based corrections program designed to supervise convicted
offenders in lieu of incarceration, either by city, county, state This system prisoner to
or federal authority., community service and restitution work during day time in
orders. common areas but must
maintain absolute silence
Historical Perspective on the Development of Corrections and then spend their nights
Hulks 18-19th century in solitary confinement.
Floating hells Day – work
Former warship Night – Solo confinement
Used to POW silent and congregate
Galleys 14- 19th century Pennsylvania System The rival of Auburn system
Slaves chained to aor the Solitary confinement
ship Day & Night at cell
Gallows Capital punishment silent and separate
Wooden used for hanging
Early codes: (Apela N.,et al, 2019,p.3)
Code of Hammurabi Oldest code Penitentiary Era
Babylon time Penitentiary Concept – Paenitentia (John Howard)
Lex Taliones Walnut Street Jail Philadelphia
Mosaic Code Law of Moses 1st American Penitentiary
Retribution (punishment) 1970
Settlement Mamertine Prison Early Roman place of
King Ur-Nammu’s Code Mesopotamia confinement
Allows fine, punish Workhouse London 1556
offender and paid the Bridewell System
victim Utilizing prison labor for
Justinian Code Roman Emperor Justin benefits of wealthy
Standard law in Roman individuals and
Empire government official
A revision of 12 Tables of Alcatraz Prison The rock
Roman Law Known as most notorious,
12 tables of Roman law Specified the penalty for best and strongest prison in
every offense listed in the America.
said tables Age of Enlightenment (18 century)(Delizo,
Originated between 500 BC 2013,p6)
Burgundian Code (500 AD) Jesus Christ time
William Penn He abolished Death penalty
Institutional Correction (CA 311)
Mariz P. Balquin, MsCJ
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Prescribed imprisonment Purpose of Punishment (Santos,2016,p.3-6)


Charles Montesiquieu
Jeremy Bentham Designed the Panopticon Punishment has five recognized purposes: deterrence,
Prison incapacitation, rehabilitation, retribution, and restitution.
John Howard Sherriff of Bedsfordshire in Deterrence Prevent future crime by
1773 frightening the defendant
Father of Penitentiary Specific – individual
Single cells for sleeping, defendant
segregation of General – public at large
woman/youth, sanitation Incapacitation Removing defendant from
and abolition of fee system society like imprisonment
Rehabilitation Altering a defendant’s
The Reformatory Movement (1816- behavior.
1890) (Delizo, 2013,p6) Retribution Removing the desire for
personal avengement like
Manuel Montesimos Director of Prison assault
(Valencia) Restitution Prevents future crime by
Allowed reduction of the punishing the defendant
inmates sentence by 1/3 financially.
for good behavior
Offered trade training to
prepare the convicts for
return to society. Penalty

Domets of France Agricultural Colony for Defined as the suffering inflicted by the state against
delinquent boys an offending member for the transgression of law. (Delizo,
Alexander Maconochie Father of Parole 2013,p7)
Mark System
Sie Walter Crofton Director of Irish Prison Juridical Conditions of Penalty: Punishment must be:
Irish System to Progressive 1. Productive of suffering – without affecting the
Stage system integrity of the human personality.
4 stages :Solitary 2. Commensurate with the offense-different crimes
confinement (9mons), must be punished with different penalties.
public work, work w/o 3. Personal – no proxy
supervision, release 4. Legal – consequence must be accordance with the
Zebulon Brockway Director of Elmira law.
Reformatory 5. Equal – equal for all persons
16-30 years old boys 6. Certain – no one must escape its effect
Father of Prison Reform
Elmira Reformatory Forerunner of Modern Forms of Punishment: Ancient to Contemporary
Penology
School type training, Ancient forms of Punishment
compulsory education
Sir Evelyn Ruggles Brise Director of English Prison 1. Death Penalty – this was affected by burning, boiling
Borstal Institution (best in oil, breaking at the wheel, drowning, hanging, guillotine, etc.
institutions/best 2. Physical Torture- this was effected by mutilation,
reformation for young maiming, whipping, etc. otherwise known as “corporal
offender) punishment”.
3. Social Degradation - effected by branding, use of
ducking stool, stocks, pillory, etc.. in order to put up the
offender to shame or humiliation.
CONCEPT OF PENOLOGY 4. Banishment – this is sending or putting away of an
offender which was carried out either by prohibition against
PENOLOGY – is that part of the science of criminology that coming into a specified territory, or prohibition against outside
studies the principles of punishment and the management of a specified territory such an island to where the offender has
prisons, reformatories and other confinement units. This term been removed. (Delizo, 2013,p5)
is coined by Francis Liber.
Contemporary Forms of Punishment
POENALIS – a Latin word which means “Punishment”.
POENA – A Latin word means pain or suffering. Imprisonment – putting the offender in prison for the purpose
POENE – a Greek word which means “penalty or fine”. of protecting the public against criminal activities and the same
Punishment – It is a re-orientation or re-instruction of the time rehabilitating the prisoners.
individual with a view to preventing a repetition of the Parole – conditional release of a prisoner after serving part of
deviation without necessity of taking punitive action. his/her sentence.
Probation – a disposition whereby a defendant after conviction
of an offense is released subject to the conditions imposed by
the releasing court.
Fine – an amount given as a compensation for a criminal act.
Destierro – a penalty of banishing a person from place where
he committed a crime, prohibiting him to get near or enter the
25 kilometer perimeter. (Delizo, 2013,p5)

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Duration of Penalties
The three (3) classes of detainees are those:
Death Penalty Capital Punishment • Undergoing investigation;
• Awaiting or undergoing trial; and
Reclusion Perpetua Life imprisonment, a • Awaiting final judgment.
term of
20-40 years of Inmates Security Classification
imprisonment. High Profile Inmate Highly controversial
Sensational crime
Reclusion Temporal 12 years & 1 day to Increase security (Media)
20 years imprisonment Politician, Government
official, Artista
Prison Mayor 6 yrs and 1 day to 12 yrs High risk inmate Highly dangerous
Greater degree of security
Prision Correctional 6 months & 1 day to 6 Capability to
years escape\charged heinous
crime
Arresto Mayor 1 month & 1 day to 6 High Value Target Whistle blower
months Enemy combatant
Critical intelligence
Arresto Menor 1 day to 30 days Security Threat Group Gang, prison gang,outlaw
gang
Bond to keep the Discretionary on the Subversive Group People adopt subversive
peace part of the principles
court Group that overthrow
government
Terrorist Group Commits National Security
Violent Extremis Offender Kulto
CHAPTER II Religious ideologies far to
society beliefs
PHILIPPINE PRISONS AND JAILS: ORGANIZATION, POWERS Medium risk inmates Moderate risk to the public
AND FUNCTIONS Might commit violence
inside the jail
The history of prisons and jails in the Philippines Minimum Risk inmates First time offender
(Ordinary inmates) Charged with light penalty
The Bureau of Prisons was created by virtue of
reorganization Act No. 1407 on November 1, 1905 and was
renamed Bureau of Corrections in the Administrative Code of SEC. 9 (RA 10575) . Organization and Key Positions of the
1987 per Executive order 292 on November 22, 1989. (Delizo, Bureau of Corrections. –
2013.p 8). (a) The BuCor shall be headed by a Director who shall be
This prison became known as the “Carcel y Presidio assisted by three (3) Deputy Directors: one (1) for
Correccional” and could accommodate 1,127 prisoners and administration, one (1) for security and operations and one
located at central market of Manila known as May Haligue (1) for reformation, all of whom shall be appointed by the
Estate President upon the recommendation of the Secretary of the
1st Prison – Old Bilibid Prison DOJ: Provided, That the Director and the Deputy Directors of
2nd Prison – San Ramon Prison the BuCor shall serve a tour of duty not to exceed six (6) years
In 1991, the creation of RA 6975 took over from the date of appointment: Provided, further, That in times
administration of local jails through Bureau of Jail of war or other national emergency declared by Congress, the
Management and Penology (Revisa, et al, 2020,p.2) President may extend such tour of duty.
.
Classification of Prisoners (BJMP Manual, 2015 section 16-19, Penal Colonies
p 9-10).
National Bilibid Prison 1941, Muntinlupa
Proc 414 in 1931
Two (2) general categories of inmates are:
552 hectares
Bukang Liwayway Minimum Security Prisoner
Prisoner - inmate who is convicted by final judgment; and
Camp Sampaguita Medium Security Prisoner
Detainee - inmate who is undergoing investigation/trial or
Youth rehabilitation center
awaiting final judgment.
Reception Diagnostic Center
San Ramon Prison and Penal 1869,Zamboanga City
The four (4) main classes of prisoners are:
farm Capt Ramon Blanco
1,546 hectares
Insular Prisoner three (3) years and one (1) day
Iwahig Penal Colony November 16, 1904
to reclusion perpetua or life
Gov. Forbes
imprisonment;
38, 611 heactares
Prison without walls
Provincial Prisoner six (6) months and one (1) day
a) This was divided
to three (3) years;
into four (4) sub-colonies:
Santa Lucia, Inagawan,
City Prisoner one (1) day to three (3) years
Montible and Central.
Correctional Institution for RA 3579 – Nov 27, 1929
Municipal Prisoner one (1) day to six (6) months.
women (CIW) Mandaluyong City
18 hectares
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Female only d) One (1) mess kit


Davao Penal colony Ra 3732 – January 21, 1932 e) One (1) pair,
Davao city slippers.
Gen Paulino Santos Assignment to Quarter Sent to quarantine unit
30,000 hectares
Banana Plantation (3k 2nd Phase – Quarantine Unit
hectares)
Two (2) sub-colonies: BUCOR’s Directorate for Reception and Diagnostics (Formerly
Panabo Sub-colony and Reception and Diagnostic Center) – RA 10575
Kapalong Sub-Colony.
Sabalayan Penal Colony Sep 27, 1953 \proc 72 This is a special unit of prison (Camp Sampaguita)
Sabalayan Occidental where new prisoners undergo diagnostic examination, study,
Mindoro and observation for the purpose of determining the programs
16 hectares of treatment and training best suited to their needs FOR A
Atty Alfredo M Bunye TOTAL PERIOD OF 60 DAYS and the institution to which they
Leyte Regional Prison January 16, 1973 should be transferred.
Proc 1101
Martial Law It is composed of the following staff members:

Psychiatrist –mental and emotional make-up.


Classification of Prisoners According to Degree of Security
Super maximum security special group of prisoners Psychologist –and behavior of the prisoners.
(Orange/Tangerine) composed of:
incorrigible, intractable and Sociologist –social case situation of the individual prisoner.
highly dangerous persons
who are source of constant Educational Counselor – conducts orientation classes
disturbances even in a
maximum security prison. Vocational Counselor – to test the prisoner’s special abilities
Maximum Security Prisoner Constant troublemaker
(Orange/Tangerine) Industrial shops Chaplain –prisoner to participate in religious activities.
Not allowed to work outside
20 years or more Medical Officer – conducts physical examination
Medium Security Prisoner Allowed to work outside
(Blue ) Agricultural work Custodial-Correctional Officer – recommends the transfer and
Less than 20 years type of custody of inmates.
Minimum Security Prisoner Work without guard
(Brown ) Open condition The Quarantine Cell or Unit
Physical disabilities (60 days)
Over 65 years old Physical examination including blood test, X-rays, vaccinations,
Trustee Proven trusted behavior and immunity for 5 to 10 days.
Bastoneros
Work transportation
Colonist Entitled of privileges Transfer of Classified Prisoner (RDC Manual,2005,p.18)
Good conduct 1/5
maximum term After a period of 60 days and application of
recommended treatment by the Chief, RDC and approved by
Maximum security: Tangerine the Director of Corrections, the inmate is prepared to assume
Medium Security: Blue the classification designation.
Minimum security: Brown
Detainee: Yellow Those classified to the respective security status are
ADMISSION PROCEDURES IN PRISON transferred to the operating institution where the inmate
serves his time and conduct the rehabilitation program
1st Phase designed for him.
Receiving RDC
Classification (RDC Manual,2005,p.16)
Checking of commitment Receiving officer checks
Papers commitment papers
It is a method by which diagnosis, treatment program
Identification/ Booking Picture/ fingerprint
is coordinated in the individual case. It is a process for
Searching / Shakedown Search for any contraband
determination the needs and requirements of those whom
Pat , Rub, Strip, Body cavity
correction has been ordered and for assigning them to
search
programs according to their needs and existing resources.
Briefing / Orientation Rules and regulation
Orientation class
Grouping and screening
process
Issuance of clothes and 1. prison uniform,
Equipment mosquito net, and beddings.
One (1) blanket
a) One (1) mat
b) One (1) pillow with
pillow case
c) One (1) mosquito
net
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Four Separated but coordinated procedures of classification: Counseling and Case work
Counseling Group counseling
Diagnosis determines the nature and Casework Work individual
extent of the person’s Clinical Services Most intensive diagnostic
criminality and the extent to and treatment activity
which he may be
rehabilitated. Kinds of Releases
Treatment Formulation of tentative
treatment based on findings Prisoners are released from confinement for any of the
Execution of treatment Application of the treatment following reasons:
Re-classification Meeting of the inmate’s 1. Upon expiration of his sentence
case which continues from 2. By order of the Court or of competent
time to time of the first authority
classification until the 3. After being granted parole, pardon
inmate is released (clemency) or amnesty. In the matter of
executive clemency and parole cases,
the Director of Corrections submits the
Initial classification Procedure (RDC Manual,2005,p.16) inmate’s prison record to the Board of
Pardons and Parole within the following
1. RDC Classification Board. periods:
Deliberates regularly after a listing 4. For commutation of sentence: at least
of a group of a newly received one (1) month before the expiration of
inmates has been forwarded after one-third of the minimum period of the
60 day period for purposes of inmate’s indeterminate sentence and in
classification. special cases, at least one (1) month
before the periods specified by the
2. Membership. The RDC Board
Classification Board is composed of the following: 5. For conditional pardon: at least one
Chairperson - Chief, RDC month before the expiration of one half
Member - Chief, Case Coordination Section of the minimum period of the inmate’s
Member - Chief, Custodial Section indeterminate sentence and in special
Member - Chief, Education Section cases, at least one month before the
Member - Chief, Psychological Section periods as the board may specify
Member - Chief, Sociology Section 6. For parole: at least one month before
Member - Chief, Vocational Section the expiry date of his minimum
Member - Chief, Religious Section sentence.
Member - Chief, Medical Section
Authority To Release
Those authorized to order or approve the release
Diversification of inmates are:
1. The Supreme Court or the lower courts (in
Refers to the principles of separating homogenous cases of acquittal or grant of bail)
type of prisoners that requires special treatment and custody. 2. The President of the Philippines (in cases of
executive clemency or amnesty)
Factors Considered in Diversification 3. The Board of Pardons and Parole (in parole
a) Age cases)
b) Sex 4. The Director of Corrections (upon the
c) Medical or Mental conditions expiration of the sentence of the inmate)
d) Degree of custody
Separation and Placement Center
PRISON PROGRAMS
• 30 days before the release.
Classes of Prison Education • One day seminar in preparation outside

Education programs Eradicate illiteracy Proper Identification Before Releasing


Vocational / Physical • Prior to his release, the prisoner is properly identified
education through fingerprints and other identification marks
Work programs Directorate for work and • Prisoners are not released through telegrams sent, or
livelihood (DWL) telephone calls made, by unnamed / unauthorized
Livelihood programs sources.
Eliminate idleness • Inmates released by reason of acquittal, dismissal of
Religious program Directorate for Moral and the case, the filing of bond, or the payment of
Spiritual Welfare (DMSW) indemnity are released upon receipt by the
Religion plays an important Superintendent of a written order bearing the seal of
role in a person’s life the court and duly signed by the clerk of court or by
Medical and Health Services Directorate for Health and the judge.
Welfare Services (DHWS
Nutrition, sanitation,
medical care
Metal and physical
examination
Immunization
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BUREAU OF JAIL MANAGEMENT AND PENOLOGY (BJMP) SEC. 5 (RA 9263). Appointment of Uniformed Personnel to the
BJMP
Law creating the BJMP (www.bjmp.gov.ph) Rank Appointed by: Attested by:
• Ra 6975 (January 2, 1991) under DILG JO1 to SJOIV Regional Civil Service
• Last head of Jail Bureau BRIG GEN Arsenio E. Director for Jail Commission (CSC);
Concepcion. Protection
• 1st Chief of the Bureau Director Charles S. Mondejar J/INSP to J/SUPT Chief of the Jail recommended by
• The Bureau of Jail Management and Penology Bureau their immediate
supervises and controls all district, city and municipal superiors, and
jails. attested by the CSC
J/SR. SUPT Secretary of the upon
DILG recommendation of
Organizations and Key Position (RA 9263,Sec 3.p2). the respective Chief
of the Jail Bureau
The Jail Bureau, pursuant to Section 60 to 65, with the proper
Chapter V, Republic Act No. 6975 amended by Republic Act No. attestation of the
9263 (Bureau of Fire Protection and Bureau of Jail CSC
Management and Penology Professionalization Act of 2004), is J/ CHIEF SUPT to President recommendation of
headed by a Chief who is assisted by two (2) Deputy Chiefs, J/DIRECTOR the Secretary of the
one (1) for Administration and another for Operations, and DILG, with the proper
one (1) Chief of Directorial Staff. endorsement by the
Chairman of the CSC.
All of whom are appointed by the President upon the
recommendation of the Secretary of the Interior and Local Administrative GROUPS
Government from among the qualified officers with the rank Personnel Management Assigned Personnel,
of at least Senior Superintendent in the Jail Bureau. Branch Selection, personnel
reports, individual report
The Chief of the Jail Bureau carries the rank of Director and Records and Statistic Branch Booking sheets, arrest
serves a tour of duty that must not exceed four (4) years, report, statistical data of
unless extended by the President in times of war and other inmates
national emergencies. Property and Supply Branch Charges with supplies
needed in jail
Duties and Responsibilities Budget and Finance Branch Budgeting, financing,
accounting , auditing
WARDEN Mess Service Branch Daily menu, cooks , prepare
Director, Coordination, and Control of the Jail. The office of the foods
warden may organize the following units:
General Service branch Maintenance/ Repair
equipment’s, Beautification
• Intelligence and Investigation Team. of Jail
• Jail Inspectorate Section Mittimus Computing Branch Receive court decision
• Public Relation Office Mittimus is a warrant issued by a
court directing the jail or
ASSISTANT WARDEN prison authorities to receive
• development of a systematic process of treatment. the convicted offender for
• Chairman of the Classification Board and Disciplinary the service of sentence
Board imposed therein or for
detention.
Security Branch Provide custody, security
and control inmates
Escort Section Escort inmate in court or
1:2 penal institution
Security Platoon Security of all jail compound
Gates, guard post and
towers
Jail Manning level
Custodial Ratio 1 :7 ( 1 officer : 7 inmates)
Court room ration 1: 2 (1 inmate : 2 officers)
Escort Ration 1: 1 + 1 (high risk inmate)
Reformation 1 : 24 ( 1 officer : 24 inmates)
Long distance travel Min 3 personnel

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JAIL ADMISSION PROCEDURES AND CLASSIFICATION OF - Takes all cash and other
INMATES personal properties
(BJMP Manual, 2015 section 21 & 24, p 11-16) from the inmate, lists
them down on a
Section 21. RECEPTION PROCEDURES - A decent and humane receipt form with
program of confinement starts with a systematic reception of duplicate.
inmates for commitment to the BJMP’s jail facilities. The - Keeps all cash and other
following procedures should therefore be observed: valuables of the
Registration Functions inmate in a safety
Process vault
Desk Officer Books the newly committed
Gater a) checks the credentials inmate in the jail
1. Commitment Order; blotter
2. Medical Certificate – recent
medical certificate Assistant Warden - Orients the newly committed
taken within 24 hours or inmates on jail rules
prior to admission; and regulations using
3. Complaint/Information; the Inmate’s
4. Police Booking Sheet; and Orientation Sheet.
5. Certificate of Detention Jail Warden - Coordinates with concerned
from PNP and/or NBI. agencies regarding
the case of inmate for
b) escorts for search and speedy disposition
inspection. and to furnish them
-refers the person to be with copies of the
committed and his or available needed
her escorts to the documents.
Records Unit.
Records Unit - examines the completeness
and authenticity of Jail Programs (Santos, 2016,p. 74-76)
the requirements for
Commitment. Core Programs
- refers the inmate for physical Provision of Basic Needs 3 meals, PDL uniform
examination by the (yellow shirt and brown
Health Unit pants)
Health Unit - Checks the authenticity of Health Services Medical assessment upon
the entries in the admission, health
medical certificate monitoring
- conducts thorough physical Educational Program ALS (Alternative Learning
examination of the System)
inmate to determine All PDL enrolled in the ALS
his or her true earn their respective Time
physical condition Allowance for Teaching,
- If no discrepancy is found Studying and Mentoring
during physical (TASTM) pursuant to RA
examination, the 10592.
inmate shall be Skills Training/Enhancement Technical Education and
referred back to the Program Skills Development
Records Unit Authority (TESDA
Records Unit Receives the inmate and the Skills training for PDL
documents from the Livelihood Program Income generating activities
committing officer Bags, purse etc
and conducts the Jail Unit Welfare and
following: Development Officer
- Start the booking procedures (UWDO)
- Strip-search the inmate to Behavioral Therapeutic Community
check for any birth Mngt/Modification Program Modality Program (TCMP)
marks, tattoos Teach positive thinking,
-Encode the inmate's good decision making
information to the Interfaith Program Practice any religious beliefs
NIMS; Cultural& Sports Programs Promote camaraderie
-Fingerprint and photograph among PDL
the inmate with mug Self -confidence, talents
shot background; Paralegal Program Assist PDL in term of release
-List the names of the visitors Conduct informative
authorized by the seminar about rights of
inmate. inmates
Property -Checks the inmate’s E- Dalaw This service enables the PDL
Custodi belongings for to connect with his/her
an presence of family through a supervised
contraband video call and chat

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Support Services Other rules on visitation service:


Human Rights Desk Human rights violation from
PDL, investigation and • Visitors for each inmate should be limited to five (5)
appropriate action persons while those for high-risk inmates should be
Help Desk Providing timely and speedy limited to two (2) persons only, at any given time.
access to government • The visiting time for high-risk inmates is from thirty
services (30) minutes to one (1) hour only, subject to the
Referrals for aftercare Referrals addressed to the discretion of the Jail Warden.
local government units,
non-government Conjugal Visit
organizations and the A male/ female inmate may enjoy conjugal visits from
business sector his/her spouse in prison once a month from Tuesday to Sunday
with the maximum hours of two (2) where there are facilities
therefore under such condition as maybe prescribed by the
Special Program for Vulnerable Groups Director (Revisa et all, 2020, p. 83).

Services for Pregnant PDL Compliance of pre-natal and Mail Services (BJMP Manual, 2015 section 53, p 86).
post natal care .
Services for Senior Citizen implementing measures to • The designated jail staff shall collect the inmates’
PDL and PDL with Disabilities protect the senior citizen mail matters daily, Monday through Friday.
PDL and PDL with disabilities
from discrimination Rights of Inmates (BJMP Manual, 2015 section 63, p 99).
Services for PDL with other LGBT community maybe
Special Needs segregated from the general • The right to be treated as a human being, and not to
population in terms of be subjected to corporal punishment;
housing to prevent potential • The right to be informed of the regulations governing
mistreatments the detention center;
Mental Health Services preventive mental health • The right to adequate food, space and ventilation,
aimed at reducing incidence rest and recreation;
of mental health disorders • The right to avail himself/herself of medical, dental
and developing positive and other health services;
coping mechanisms are • The right to be visited anytime by his/her counsel,
provided to all PDL immediate family members, medical doctor or priest
Drug Counseling for PDL Katatagan Kontra Droga sa or religious minister chosen by him or by his
with Substance use Disorder Komunidad (KKDK) immediate family or by his counsel;
24 modules (18 mods for • The right to practice his/her religious beliefs and
group and 6 mods for fam) moral precepts;
• The right to vote unless disqualified by law;
• The right to separate detention facilities or cells
VISITATION SERVICES, MAIL SERVICES, AND INMATES’ particularly for women inmates; and
RIGHTS • If a foreigner, the right to communicate with his/her
embassy or consulate.
Visitation Services (BJMP Manual, 2015 section 52, p 85).

• Visiting days are from Tuesday to Sunday only. Treatment of Special Needs or Unusual Offenders (BJMP
Monday is a non-visiting day . Manual, 2015 section 34, p 6-31).
• Visiting hours will be from 1:00 p.m. to 5:00 p.m. Female Separated from male
from Tuesday to Friday. Female personnel
• During Saturday and Sunday, visiting hours is from No male allowed
8:00 a.m. to 12:00 noon and from 1:00 p.m. to 5:00 Drug user/alcoholics Segregated during
p.m. but no visitor shall be allowed to visit in the withdrawal
afternoon if he/she has already visited in the Attend psychiatrist
morning. Close supervision
• Exempted from the provisions on the limitations on Mentally- ill Should be transferred to
days and visiting hours are lawyers or medical doctors mental institution
especially when the inmate needs immediate medical Close supervision
attention. LGBT Segregate to others to
prevent maltreatment
Who may be allowed visits: Sex offenders Prevent them from taking
advantage of other inmates;
• Any member of his immediate family Suicidal Inmates Attempted to commit
• any medical doctor or priest or religious minister suicide must be transferred
• his counsel (lawyer); to a government psychiatric
• any national non-governmental organization Maintain close supervision
• personnel from the Commission on Human Rights over suicidal inmates
(CHR) Sex Deviates Homosexuals should be
segregated immediately
Escape – Prone Inmates Escape-prone inmates
should be held in the most
secure quarters,
cTelephone calls must be
restricted
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Inmates’ w/ Disability Inmates with disability Inmates Counts


should be segregated and • It is imperative that at specified times during each 24-
closely supervised to protect hour period, all inmates are physically counted.
them from maltreatment • Conduct regular count of inmates at least five to six
CICL subjected to a thorough (5-6) times within a 24-hour period
physical examination • The count must be accurate.
Separate detention • Refrain from conducting a count on the basis of only
Intervention with DSWD having seen any part of his clothing, hair or shoes;
Senior Citizen Inmates Senior citizen inmates • If the total jail count does not tally with the total jail
should be made to do tasks population at any given time, conduct another count.
deemed fit and appropriate • Render an immediate report to the warden and/or
Infirm Inmates with contagious diseases assistant warden (officer of the day) relative to any
must be segregated unaccounted inmate.
provide with appropriate
medication and utmost
care. SECURITY PROCEDURES
Pregnant Inmates Pre-natal examination
During Meal Service (BJMP Manual, 2015 section 37-38, p 6-
36).
Custody, Security and Control of Prisoners (BJMP Manual,
2015 section 35-36, p 6-31). • Security must be considered in serving food inside the
cells/quarters. A jail officer should not enter the
Security and Control of Prisoners inmates’ quarters to distribute food unless another
officer is available to handle the keys and control the
• An established security perimeter. entrance door.
• Operational closed circuit televisions (CCTV) • As a general precaution, individual mess utensils of
• two-way communication system inmates shall be made of plastic;
• Each newly admitted inmate shall be thoroughly • Inmates should march in columns of two’s
searched for weapons • Designate a roving supervisor to handle any
• Conduct surprise searches at least once a week; disturbances or settle complaints;
• Maintain a key control center for storing keys that is • After every meal, all utensils used by the inmates
inaccessible to inmates and unauthorized persons should be collected
• Inmates shall be prohibited from handling jail • Check and account for all forks, spoons and other
security keys; kitchen utensils after every meal.
• There shall be one (1) full set of duplicate keys,
• Continuous inspection and maintenance of all locks. Greyhound Force (BJMP Manual,p 82-84.)
Replace locks as often as possible and neve
• Never allow any personnel with Never allow inmates • Refers to the operation conducted by the BJMP
in the workplace of personnel or in areas where wherein a prisoner maybe checked at any time
firearms are authorized; and • It aims to eliminate in all BJMP manned facilities any
• Secure firearms and anti-riot equipment form of contrabands
• must be inventoried and tested at least quarterly • All regions should create a Greyhound Force whose
• stored in a locked area which is secure and located composition shall be in accordance with BJMP
outside the inmate’s area. Manual on Operation Greyhound and SOP on Control
• Conduct daily inspections of Contraband and Physical Evidence.
• Conduct regular count of inmates at least five to six • This way, surprise major greyhound operation in all
(5-6) times within a 24-hour period jails to be spearheaded by the Regional Director or
• Prohibit inmate’s visitor to stay inside jail premises Assistant Regional Director for Operations may
• Inmates shall be supervised at all times whenever launched anytime.
they are outside their cells;
• Never allow any personnel under the influence of Contraband
intoxicating beverage to enter the jail • any article, item, or thing prohibited by law and/or
• Never allow a jail officer to render successive shifts of forbidden by jail rules that would pose as security
duty except in cases of emergencies; hazards or endanger the lives of inmates.
• Never allow jail personnel to open inmates quarters
alone. At least one (1) other jail officer should be • Illegal contraband - unlawful in itself and not because
present and guarding the gate; of some extraneous circumstance (i.e. dangerous
drugs, weapons, potential weapons, explosives)
Duties of Custodial Force
• Merely prohibited and nuisance contraband - are
• Supervise and maintain order and discipline of those that may not be classified as illegal under the
inmates law but are forbidden by jail rules.(i.e. cellphone,
• Censor offender’s mail; money or other commodities of exchange such as
• Inspect security devices; jewelry, appliances and gadgets, excessive wearing
• Maintain inner and outer perimeter security; apparels and sleeping paraphernalia, intoxicating
liquors, cigarettes, pornographic materials, gambling
• Escort inmates to court
paraphernalia and other products that are considered
• Inform the Warden of any emergency case;
vices)
• Keep and maintain records of the inmates;

Institutional Correction (CA 311)


Mariz P. Balquin, MsCJ
10

Duties and Responsibilities • The desk officer or the officer in charge of the key
Ground Commander All orders concerning troop distribute the keys to the responsible personnel
movements will emanate concerned.
from him • Government records shall be evacuated to a safe
Team Leader Sub- groups or teams that • First aid shall be administered to injured inmates
make up every task group
will each have its designated During Riots and Violent Disturbances
team leader.
Direct hand in overseeing • Lock inmates to proper quarter.
the movements of the • If during visitor’s period, all visitors shall be
elements of his team immediately ushered out for security.
He shall regularly inform the • Lines for emergency calls shall be checked for
ground commander about readiness.
the status operation • Armorer should make immediate preparation for
Asst. Team leader He shall take custody of the anti-riot equipment.
personal belongings of the
operatives. In Case of Escapes or Jailbreaks
Operation Group
Security team Ensure security in the • When a jailbreak, control center shall immediately
operation sound the alarm.
Secure he perimeter • At the first sound of alarm, all prisoners shall be
Secure holding area of locked
inmates • The desk officer or shall issue firearms to member of
Contraband Search and Task for searching and the custodial force
Seizure Teams checking quarters • A simultaneous institution wide count shall be made
Team Supervisor directly oversee the • If the identities of the escapees have been
inspection of each cell. established, flashed to all units of the district, station
making sure that all items or sub-district and the police HQ shall be notified.
confiscated are properly • Radio station, TV station and other news media shall
documented, tagged and also be notified for public information
turned-over to the • Recovery teams shall be formed to proceed to all
contraband custodian possible hideouts.
Searching Elements Search and seizure of • Immediately issued firearms and assigned to critical
contraband and removal posts to plug of the escapees’ route.
Inmate representative made to witness the • If any officer or member shall be held as hostage,
operation must come from reasonable caution to insure the safety of the
the cell hostage.
Friskers • If the warden taken as the hostage, next in command
Friskers of personnel designated to frisk inmates or the most senior officer present shall assume the
and cell searchers command.
Friskers of inmates all inmates lined up and
frisked before sending them MOVEMENT AND TRANSFER OF INMATES
to the holding area (BJMP Manual, 2015 section 40, p 6-38- 39).
Strip Searching in charge to have inmates stripped n
search for contraband
to coordinate with the legal When May An Inmate Be Brought Out of Jail
services group
• To appear, as witness before any court of justice or
prosecutor’s office during preliminary investigation,
FIRE PREVENTION arraignment or hearing of a criminal case;
• To appear as witness in any investigation or formal
• Fire extinguishers shall be placed in proximity inquiry being conducted by a government agency;
• Empty drums and cans shall be filled with water/sand • To view the remains of a deceased relative within the
• Keys to emergency shall be accessible to the guards second degree of affinity or consanguinity;
on duty. o 3 days before the request of viewing should
• Portable floodlights shall available present Death cert and certificate indicated
• Government equipment shall be marked with tags or the relationship of the deceased
symbols o Map sketch of the house
o 30 km distant only
o Visit only in daylight
Emergency Plans (Delizo, 2013,p.19-21) o Allowed only 3 hours
• To undergo medical examination or treatment in a
• In case of fire or conflagration hospital or clinic.
• Fire crews should be organized, consisting of trained o inmate must be immediately taken to the
personnel. nearest hospital upon recommendation of
• Immediately respond to the scene to put off the fire. the health officer.
• Special group of inmates may be selected to form o Notify the regional director and the court
another group concerned within six (6) hours
• Given specific assignments on what to do in case of o High-risk/high-profile transfer to a better
fire or conflagration. secured jail.
• sound a pre-arrange alarm.

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Mariz P. Balquin, MsCJ
11

Rules for the Transfer of Inmates (BJMP Manual, 2015 section • The escort personnel shall notify the nearest law
42, p 41- 48). enforcement unit and the Chief Escort as soon as
possible;
• Personnel shall remain in the vicinity of the place
A. General Precautions where escape happened to assist local law
enforcement units; and
• Not discuss with the inmate the transportation plans • If an escape or attempted escape has transpired in a
• Inmates shall be notified and shall not be allowed to public place, escort personnel shall not fire warning
make any phone call; shots.
• only be made during daytime;
• Long distance transport of one (1) or more inmates During Meals
shall be escorted by a minimum of three (3) escort
personnel • Escort personnel shall provide all meals and drinks en
• I Jail Intelligence Unit shall serve covert security and route with packed meals and drinks;
shall conduct road scanning • Inmate meals shall be served in the transport vehicle;
• The most direct and shortest route to the destination • The inmate shall be kept in restraint at all times;
• Using rented vehicle shall not be allowed
• Team leader must be equipped with a two-way radio
and/or a mobile phone; Restroom Breaks
• Escort personnel are justified in using deadly force to
protect themselves • If possible, escort personnel shall coordinate
• In case of an accident while en route, escort restroom breaks with the nearest local law
personnel shall secure and observe the inmates inside enforcement units or jail facilities;
the vehicle • In case of emergency stop, escort personnel should
• If communication is not possible, escort personnel avoid congested areas; and
may flag down any motorist • Escort personnel must inspect emergency stop areas
• The driver shall not leave the vehicle while in before entry and
• always keep the inmate under visual supervision
The following basic security precautions shall be observed without removing the restraint.
during transport of inmates:
Contact to the Public
• Do not allow inmates to tinker with the handcuff;
• Regard all inmates being transported as extremely • Escort personnel shall maintain low profile and shall
dangerous; avoid public contact while in a company of an inmate
• Adjust the cuffs properly for tightness • Inmates shall not be allowed to make any phone call
• Escort personnel shall be extra careful not to sit, stand • Unauthorized person shall not be allowed to get near
or walk next to an inmate while carrying a gun the inmate.
• No stopping along the highway • No media interview shall be allowed for the inmate
• Keep inmates in sight at all times; and/or escort personnel.
• While in court premises, firearms shall be unloaded.
• However, when escorting the inmate to and from the
vehicle, the same shall be properly loaded with
ammunitions; INMATE DISCIPLINE
• Exercise good judgment as unexpected events
• Never stop for a disabled motorist
• Avoid interfering with road incidences Prohibited Acts Subject to Disciplinary Action (BJMP Manual,
2015 section 30, p 21-24).

Special Concerns Minor Offenses:


• Selling or bartering with fellow inmate(s) those items
Illness En Route not classified as contraband;
• Rendering personal service to fellow inmate(s);
• If an inmate becomes gravely ill while en route make • Untidy or dirty personal appearance;
arrangement for a medical examination at the • Littering or failing
nearest government hospital or medical facility • Making groundless complaints;
• The escort personnel shall contact the Chief Escort or • Reporting complaints on behalf of other inmates;
Officer of the Day for further instruction; and • Reporting late for inmate formation and inmate
• Should some escort personnel becomes ill during headcount without justifiable reasons; and
transport, the escort shall secure the inmate/s in a • Willful waste of food.
nearest jail/police station and immediately notify the
Chief Escort or Officer of the Day. Less Grave Offenses:
• Failure to report for work detail without sufficient
Escape justification;
• Failure to render assistance to an
• If an inmate escapes during transport, the escort • Failure to assist in putting out fires inside the jail;
personnel shall exhaust all means possible to • Behaving improperly religious, social functions;
immediately apprehend the inmate; • Defamatory language directed at other persons;
• If more than one (1) inmate is being transported, at • Pretending to be sick to skip work assignment;
least one (1) personnel shall remain with the inmates • Spreading malicious of any person, particularly BJMP
still in custody; personnel;

Institutional Correction (CA 311)


Mariz P. Balquin, MsCJ
12

• Failure to stand at attention and give due respect The Board is authorized to impose any of the following
when confronted disciplinary ACTIONS/MEASURES:
• Forcing fellow inmates to render personal service to
him/her and/or to others; 1. For Detainees:
• Exchanging uniforms
• Loitering or being in an unauthorized place; • Admonition or verbal reprimand;
• Using the telephone without authority • Restitution or reparation;
• Writing, defacing, or drawing on walls, floors or any • Temporary or permanent cancellation of all or some
furniture or equipment; recreational privileges;
• Withholding information, which may prejudicial to • Reduction of visiting time;
the jail administration; • Close confinement in a cell for a period not exceeding
• pornographic literature and/or photographs; seven (7) days in any calendar month
• Absence from cell, brigade, place of work during • Transfer to another BJMP jail in the area, in
headcount, coordination with the Court.
• Failure to turn over any after work detail.
2. For Prisoners:

Grave Offenses: • Admonition or verbal reprimand;


• Making untruthful statements • Restitution or reparation;
• Concealing keys or locks of places in the jail which are • Temporary or permanent cancellation of all or some
off-limits to inmates; recreational privileges;
• Giving gifts, selling, or bartering items with jail • Reduction of visiting time;
personnel; • Close confinement in a cell for a period not exceeding
• Keeping in communication devices as contraband seven (7) days in any calendar month
under the rules; • Transfer to another BJMP jail in the area, in
• Tattooing others or allowing him/her to be tattooed coordination with the Court.
• Extorting money from fellow inmates and visitors; • Suspension of visiting privileges for a period not
• Inflicting injury upon himself or other inmates; exceeding one (1) month
• Receiving, keeping drinking liquor and drugs; • Permanent cancellation of visiting privileges
• Keeping any kind of deadly weapon; • In addition to the above-mentioned punishment, the
• Withholding information on plans of attempted disciplinary board may recommend to the warden
escapes; partial or full forfeiture of good conduct time
• Escaping, attempting or planning to escape from the allowance (GCTA) to be earned for a particular month
institution or from any guard; and subsequent months depending upon the gravity
• Helping others to escape; of the offense.
• Agitating to cause such disturbance or riot;
• Indecent, immoral, or lascivious acts Hearing of Disciplinary Cases (BJMP Manual, 2015 section 29,
p22).
• Willful disobedience to a lawful order issued by any
BJMP personnel;
The following procedures shall be followed in the hearing of
• Assaulting any BJMP personnel;
disciplinary cases:
• Damaging any government property or equipment;
Step 1 Aggrieved inmate should report to desk
• Participating in kangaroo court
officer
• Affiliating with any gang
2 Submit report to warden and within 24 hours
• Failing to inform the authorities concerned when
conduct investigation
afflicted with any communicable disease
3 Warden shall evaluate the report if there is
sufficient grounds/evidence
4 Sufficient exists, impose penalty for minor
Board of Discipline and Its Functions (BJMP Manual, 2015
offense
section 25-27, p 18-21).
5 If less or grave, endorse to disciplinary board
A disciplinary board shall be organized and 6 The inmate shall inform to pleads the charge,
if he admits, impose disciplinary action
maintained for the purpose of hearing disciplinary cases
involving any inmate who violates jail rules and regulations. 7 If denies, summary hearing will be held
8 After the hearing, the board shall decide with
Chairperson - Assistant Warden the merits of the case as bases
Member - Chief, Custodial/Security Office 9 Decisions of the Board are subject to review
Member - Medical Officer/Public Health Officer and approval by the warden whose decision
Member - Jail Chaplain should be final and executory.
Member - Inmates Welfare and Development Officer
Member - Inmates’ Representative

The Board is tasked to investigate the facts of an alleged


misconduct referred to it. It shall hold sessions as often as
necessary in a room, which may be provided for the purpose.
All cases referred to it shall be heard and decided within forty-
eight (48) hours from the date of receipt of the case.

Institutional Correction (CA 311)


Mariz P. Balquin, MsCJ
13

CRIMINAL LIABILITY OF INMATES/ CRIMINAL LIABILITY OF


PENAL PROVISION ON CORRECTIONS INMATES IN CASE OF ESCAPE OR EVASION OF SENTENCE

General Laws Governing the Administration and Evasion of services of sentence (Art 157-159, RPC)
Management of prisons and jails in the Philippines (Delizo Art. 157. Evasion of service convict who shall evade
2013 ,p.25-28) of sentence. service of his sentence by
Art 124, RPC 12 hours – light penalties -Prision Correcional escaping during the term of
Delay in the delivery of 18 hours – correctional his imprisonment
detained persons to the penalties increase of 1/5 of the time
proper Judicial authorities 36 hours- capital penalties Art. 158. Evasion of service remaining to be served
Delaying Release of sentence on disorder,
(committed by a public conflagrations,
officer who delays for the earthquakes, or other
period specified in Art 125) calamities
Arbitrary Detention a) Commission of
[committed when the crime
detention of a person is b) Violent insanity or Grant of Good Conduct Time Allowance (GCTA) and
without legal ground.] other ailment requiring Special Time Allowance (STA) under the
compulsory requirement Revised Penal Code
Art. 156. Delivery of -help the escape of such
prisoners from jails. person The good conduct or behavior of any prisoner
- Arresto Mayor - shall help the escape of shall entitle him to the following deductions from
- Prison Correctionl such person, by means of the period of his sentence:
violence, intimidation, or
bribery. Years of Confinement days of Deductions/Month
Criminal Liability of Jail Personnel
Art. 223. Conniving with or Any public officer who shall First two (2) years 5 days
consenting to evasion consent to the escape of a
(Prison Correctional) prisoner in his custody or Third to fifth year 8 days
charge Following years to 10 days
Art. 224. Evasion through If the evasion of the prisoner tenth year
negligence shall have taken place
- Arresto mayor through the negligence of
- Prison correctional officer in charge
Art. 225. Escape of prisoner Eleventh and 15 days
under the custody of a successive
person not a public officer years
Other offenses or Irregularities by Public Officers
Art 235. Maltreatment of Any public officer inflicts
prisoners. punishment not authorized
- Arresto mayor by the regulations, or
- Prison correctional punishment in a cruel and Special Time Allowance for Loyalty
humiliating manner
If the purpose of the - A deduction of one fifth (1/5) of the period of his
maltreatment is to extort a sentence shall be granted to a prisoner who having
confession the offender evaded the service of his sentence gives himself up to
shall be punished by prision the authorities within 48 hours following the issuance
correccional in its minimum of proclamation announcing the passing away of a
period calamity of catastrophe.
temporary special
disqualification and a REPUBLIC ACT No. 10592
fine not exceeding 500
pesos, in addition to his AN ACT AMENDING ARTICLES 29, 94, 97, 98 AND
liability for the physical 99 OF ACT NO. 3815, AS AMENDED, OTHERWISE
injuries or damage caused. KNOWN AS THE REVISED PENAL CODE
Section 3. Article 97 of the same Act is hereby
further amended to read as follows:

1. "ART. 97. Allowance for good conduct. – The


good conduct of any offender qualified for
credit for preventive imprisonment pursuant
to Article 29 of this Code, or of any convicted
prisoner in any penal institution,
rehabilitation or detention center or any
other local jail shall entitle him to the
following deductions from the period of his
sentence:

Institutional Correction (CA 311)


Mariz P. Balquin, MsCJ
14

first 2 years 20 days for 2. Santos, Gelbertson B.,LLB (2016). Handbook


each Correctional Institution.
month
3 - 5 years 23 days 3. Apela, R., et all (2019). Comprehensive
10 years 25 days Correctional Administration handbook with
Therapeutic Modalities. Published and distributed
11 years up 30 days
by Wisemans Books Trading, INC.
teaching or mentoring 15 days
service time 4. Revisa, Villaluz, Panganoron (2020). Institutional
rendered. Correction with addendum on Act NO. 4103:
Instructional manual for Criminology Students.
Section 4. Article 98 of the same Act is hereby further Published and distributed by Wisemans Books
amended to read as follows: Trading, INC.

1. "ART. 98. Special time allowance for loyalty. – A 5. Guerrero, Brian B. (2019). Introduction to Philippine
deduction of one fifth of the period of his Criminal Justice System. Published and distributed by
sentence shall be granted to any prisoner who, Wisemans Books Trading, INC.
having evaded his preventive imprisonment or
the service of his sentence under the 6. BJMP Comprehensive Operations Manual 2015
circumstances mentioned in Article 158 of this Edition
Code, gives himself up to the authorities within
48 hours following the issuance of a 7. RDC Manual 2005
proclamation announcing the passing away of
the calamity or catastrophe referred to in said 8. Revised Penal Code (Art. 125, Art 157-159, Art.
article. 223-225 and Art. 97)
2. A deduction of two-fifths of the period of his
sentence shall be granted in case said prisoner 9. RA 10575
chose to stay in the place of his confinement
notwithstanding the existence of a calamity or 10. Ra 9263
catastrophe enumerated in Article 158 of this
Code. 11. www.bucor.gov.ph

This Article shall apply to any prisoner whether 12. www.bjmp.gov.ph


undergoing preventive imprisonment or serving
sentence."

Reference:

1. Delizo, Darlito Bernard., PhD (2013 1st Edition).


Correctional Administration: textbook and
Review materials. Published by Prudence
Research & Review Center, Baguio City
Philippines.

Institutional Correction (CA 311)


Mariz P. Balquin, MsCJ

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