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St.

Vincent College of Cabuyao


Mamatid, City of Cabuyao, Laguna

MODULE IN INSTITUTIONAL CORRECTIONS

By:
Ricardo S. Aquino
Instructor

Corrections
A branch of the CJS concerned with the custody, supervision and rehabilitation of
criminal offenders.
Field of Criminal Justice Administration which utilizes the body of knowledge and
practices of the government and the society in general involving the processes of
handling individuals who have been convicted of offense for purposes of crime
prevention and control.

Correctional Administration
Study and practice of a systematic management of jails or prisons and other institution
concerned with the custody, treatment and rehabilitation of criminal offenders.

Penology
Study of punishment for crime or of criminal offenders.
Derived from the Latin word Poena which means suffering/pain.
Penal Science

Penal Management
Manner or practice of managing or controlling places of confinement.

Revolutions in the History of Corrections


Age of Reformation
Corporal to penitentiary
Age of Rehabilitation
People will undergo therapy to heal their personal maladjustment
Age of Reintegration
Society became the patient as well as the offender.

Historical Perspective

13th Century
Securing Sanctuary
Criminal could avoid punishment by claiming refugee in a church for a period of 40 days.
1468
England
Torture as a form of punishment became prevalent.
th
16 Century
Transportation of criminals in England was authorized.
End of 16th Century
Russia and other European Countries adapted the system of transportation of Criminals
1836
Transportation of criminals was abandoned
17 Century to late 18th Century
th

Death penalty became a form of punishment


Gaols
Pre trial detention facilities operated by English Sheriff
Galleys
Long, low, narrow, single decked ships propelled by sails, usually rowed by criminals.
Type of ship used for transportation of criminals in the 16th century.
Hulks
Abandoned ship that is converted into prison.
Floating Hell

Primary Schools of Penology


Classical School
Advocated by Jeremy Bentham and Cesar Beccaria
Says that man is a rational being
Maintained the Doctrine of Psychological Hedonism
Free will
Arguments against Classical School
Unfair
Unjust
It considers only the injury cause, not the mental condition of the offenders.

Neo- Classical School


Children and lunatics cannot calculate the differences of pleasures from pain, they
should not be punished.

Positive School
Founded by Dr. Cesare Lombroso
Crime is a natural phenomenon
Denied individual responsibility
Recommend rehabilitation

Redress of a Wrongful Act


Retaliation
Personal vengeance
Earliest remedy for wrongful act to anyone
Concept of personal revenge by the victim’s family was accepted during the early times

Fines and Punishment


Acceptance of vengeance in the form of payment became accepted as dictated by the
trial tradition

Early Codes
Babylonian and Sumerian Code
Oldest codes prescribing savage punishment
Roman and Greek Code
Twelve Tables of Wood
Represents the earliest codification of Roman Laws
Justinian Code
Greek Code of Draco
Provide the penalty to all citizens
Burgundian Code
Specified Punishment

Philippine Setting
Spanish Penal Code
Effective on Dec 7, 1889
Kodigo Penal
Promulgated by the King of Spain
Adopted the Roman Law Principles
Code of Kalantiao
1433
Most extensive and severe law that prescribes harsh punishment.
Maragtas Code
Datu Sumakwel
Early Prisons
Mamertine Prisons
The early roman place of confinement
Bridewell Workhouse
Most popular workhouse which was built for the employment of English Prisoners
Walnut Street Jail
Philadelpia
First American Penitentiary
Bilibid Prison
1847
Royal Decree of the Spanish Crown
City of Manila exchanges its property with the Bureau of Prisons intended for boys’
training school
Manila City Jail “ May Halique Estate”

Punishment and Penalty


Punishment
Redress that the state takes against an offending member of the society.
Penalty
Pain or suffering inflicted by the state for the transgression of the law
Sentence

Ancient Forms of Punishment


Death Penalty
Physical Torture
Social Degradation
Banishment
Transportation
Slavery

Contemporary Forms of Punishment


Imprisonment
Parole
Probation
Fine
Destierro

Justification of Punishment
Retribution
Offenders should be punished because they deserved it
Expiation/Atonement
Group vengeance
Deterrence
Punishment gives lesson to the offender by showing to others what would happened to
them if they violate the law.
Incapacitation and Protection
Public will be protected if the offender has being held in conditions where he cannot
harm other especially the public.
Reformation/Rehabilitation
Establishment of the usefulness and responsibility of the offender.

Early Forms of Prison Discipline


Hard Labor
Productive works
Deprivation
Deprivation of everything except the bare essentials of existence
Monotony
Giving same food that is “off diet”
Requiring prisoners to perform boring daily routine
Uniformity
treating prisoners alike
Mass Movement
Mass living in cell blocks, mass eating, mass recreation, mass bathing
Degradation
Uttering insulting words on the part of prison staff to prisoners to degrade the
confidence of prisoners
Corporal Punishment
Imposing brutal punishment or employing physical force to intimidate a delinquent
inmate.
Isolation /solitary Confinement
Non communication
Limited news
Lone wolf

Duration of Penalties
Reclusion Perpetua
Reclusion Temporal
Prision Mayor
Prision Correction
Arresto Mayor
Arresto Menor

Juridical Conditions of Penalty


Productive of Suffering
Equal
Legal
Personal
Commensurate with the offense
Certain
Correctional

Classification of Penalty
Principal
Those expressly imposed by the court in the judgment of conviction
Capital punishment
Afflictive Penalties
Correctional Penalties
Light Penalties
Accessory
Those that are deem included in the imposition of the principal penalties.
Civil Interdiction
Subsidiary
Suffered by the convict who has no property with which to meet the fine at the rate of
eight pesos/day
GCTA
Pioneers
William Penn
Fought for religious freedom and individual rights
Prescribed imprisonment
Abolition of death penalty and torture as form of punishment
Charles Montesiquieu
Analyzed law as an expression of justice.
Harsh punishment would undermine morality
Voltaire
Believed that fear of shame was a deterrent to crime
Fought for the legality of torture
Cesare Beccaria
Essay on Crimes and Punishment
Jeremy Bentham
Greatest leader in the reform of English Criminal Law
Panoptican Prison
John Howard
Greatest prison reformer
Alexander Mocanochie
Mark System
Manuel Montesimos
Director of Prisons in Valencia Spain
Divided number of prisoners into companies and appointed certain prisoners a petty
officer in charge, which allowed good behavior to prepare the convict for gradual
release.
Domets of France
Established an agricultural colony for delinquent boys in 1839 providing house fathers as
in charge of these boys.
Sir Evelyn Ruggles Brise
Opened the Borstal Institution
Walter Crofton
Irish System
Zebulon Broakway
Director of Elmira Reformatory, the forerunner of modern penology

Rival Prison Systems


Auburn Prison System
Congregate System
Prisoners are confined in their own cells during the night and the congregate work in
shops during the day.
Pennsylvania Prison System
Solitary System
Prisoners are confined in single cells day and night

Philippine Penal System


Bureau of Corrections
National Bilibid Prisons
Muntinlupa, Rizal
New Bilibid Prison
Camp Sampaguita
Camp Bukang Liwayway
Reception Diagnostic Center
Correctional Institution for Women
Penal Colonies
Sablayan Penal Colony and Farm (Mindoro)
Sablayan, San Jose, Occidental Mindoro
Created pursuant to Proc. No. 72, September 26, 1954
Rice Production
16000 Hectares
Central, Pasugi, Pusog, Yapang

Iwahig Penal Colony and Farm (Palawan)


Puerto Princesa City, Palawan
Created Pursuant to Sec. 1709, RAC of 1917
Best open Farm: most finest penal colony
Largest Penal Facility in the Philippines
36000 Hectares
Rice, coffee, corn
November 16, 1904
Sta Lucia, Inagawan, Montible, Central- Reorganization Act 1407
RJ Shields- first Superintendent

Davao Penal Colony and Farm( Davao)


Tagum, Davao del Norte
Created pursuant to act No 3732, and proclamation 414, January 21, 1932
Concentration Camp of Japan during WW II
Second Largest Facility
Banana Production
Biggest Source of income of Bucor
18000 Hectares
General Paulino Santos
1942-utilized by americans as prison

San Ramon Penal Colony and Farm (Zamboanga)


August 21, 1869
Zamboanga
Created pursuant to Section 1720, RAC 1917
January 1, 1915- date when SRPC was under the Bureau of Prisons
Captain Ramon Blanco of the Spanish Royal Army
First Penal Institution in the Philippines
Confined political offenders
Copra Production, coffee, rice, corn
Intended to confine Muslim prisoners
1546 Hectares

Iloilo Penal Colony and Farm ( Iloilo)


Iloilo Province

Leyte Regional Prison ( Abuyog, Leyte)


Abuyog, Leyte
Created pursuant to proc. No 1101, January 16, 1973
Youngest penal colony
Woodcraft
CIW
Mandaluyong
Created Pursuant to act 3579, November 27, 1929
Ramon Victoria, First Director of CIW
Elizabeth Fry, first woman to advocate the rights of the women inmates
Smallest penal colony
11 hectares
Handicraft
Dress making
Cloth weaving
Beauty culture

Prison
A penitentiary, an institution for the imprisonment of persons convicted of major crimes
Prisoner
A person who is under the custody of lawful authority

General Classifications of Prisoner


Detention Prisoner
Those detained for investigation, preliminary hearing, or awaiting trial.
Prisoner under the jurisdiction of courts
Sentenced Prisoner
Offender who is committed to the jail or prison in order to serve his sentence after
conviction by a competent court.
Prisoner under the jurisdiction of penal institutions
Prisoners who are on safekeeping
Includes non-criminal offenders who are detained in order to protect the community
against their harmful behavior.

Classification of Sentenced Prisoners


Insular/National Prisoners
3 years and 1 day to life imprisonment
Provincial Prisoners
6 months and 1 day to 3 years or a fine not more that 1000 pesos or both.
Those detained therein waiting for preliminary investigation of their cases cognizable by
the RTC
City Prisoners
1 day to 3 years or a fine of not more than 1000 pesos or both.
Cases are filed with the MTC
Municipal Prisoners
1 day to 6 months of imprisonment
Cases are pending with the MTC

Classification of Prisoners According to Degree of Security

Super Maximum Security Prisoners


Special group of prisoners
Source of disturbances even in the maximum security prison
Incorrigibles, intractable, highly dangerous persons
Orange uniform
Maximum Security Prisoners
Escape could be dangerous to the public
Constant trouble makers
Movement are restricted
Assigned in industrial shops
Criminally insane
Maximum Security Prison
Orange in Uniform

Medium Security Prisoners


Cannot be trusted in open conditions
Maybe allowed to work outside the fence under guards
Medium Security Prison
Agricultural Workers
Served at least 10 years in the Maximum security prison
Blue Uniform

Minimum Security Prisoners


Can be reasonably trusted to serve sentence under open conditions
Minimum Security Prison
Brown Uniform

Jails
Place of confinement of person convicted with minor offenses
Lock up Jail
Security facility used for temporary confinement of individual held for investigation
Ordinary Jail
Used to detain a convicted criminal offender serve sentence less than three years
Workhouses, Jail Farms/Camps
Houses minimum custody offender who are serving short sentences or those who are
undergoing constructive work programs.
Provincial Jails
Managed and controlled by the provincial government

Mittimus
A warrant issued by a court directing the jail or prison authorities to receive the
convicted
offender for the service of sentence imposed therein or for detention.

RA 9263
Organization and key Positions of the BJMP
Chief- Director
Deputy Chief for Administration- Chief Superintendent
Deputy Chief for Operation- Chief Superintendent
Chief Directorial Staff- Chief Superintendent
Directors of the directorates- Senior Superintendent
Regional Director for Jail Management and Penology- Senior Superintendent
Assistant Regional Director for Administration- Superintendent
Assistant Regional Director for Operations- Superintendent
Regional Chief Directorial Staff- Superintendent
Appointment of Uniformed Personnel to the BJMP
Rank Appointing Authority

JO 1-SJO 4 Regional Director/Chief


J/Insp-J/Supt Chief Jail Bureau
J/Sr. Supt-J/Director Secretary DILG
J/Chief Supt-J/Director President

Municipal Jail Warden


Senior Inspector
Finished 2nd Bachelor of Laws
Earned 12 units in Master’s Degree Program
Passed the necessary training or career courses

District Jail Warden, Provincial jail Administrator, Assistant Regional Director for Administration,
Operation and Regional Chief Directorial Staff
Superintendent
Graduate of Bachelor of Laws
Holder of a Master’s Degree program
Passed the necessary training or career courses

Regional Director for Jail Management and Penology and Director of the Directorate of the National
Headquarters Office
Senior Superintendent
Graduate of Bachelor of Laws
Holder of Master Degree
Passed the necessary training or career courses

Deputy Chief for Administration, Operation and Chief Directorial Staff


Chief Superintendent
Member of Philippine Bar
Holder of Master’s Degree
Passed the necessary training or career courses

Chief of the Jail Bureau


Director
Member of Philippine Bar
Holder of Master’s Degree
Passed necessary training or career courses

Duties and Responsibilities


Warden
direction, coordination and control of the jail
Security, safety discipline and well being of inmates
Intelligence and Investigation team
Jail Inspectorate Section
Public Relation Officer

Assistant Warden
Undertakes the development of a systematic process of treatment
Chairman of the classification board and disciplinary board
Administrative Groups
Take charge of all administrative functions of the jail bureau
Personnel Management Branch
Assignment of personnel
Procedures of selection
Preparation of personal reports
Individual record file
Records and Statistics Branch
Keep and maintain booking sheets and arrest reports
Keep an orderly record of fingerprints and photographs
Present/prepare statistical data of inmates
Property and Supply Branch
Housekeeping of equipment and supplies and materials needed for the operation of the jail
Budget and Finance Branch
Financial matters
Mess Service Branch
Preparation of daily menu
General Service Branch
Maintenance and repair of jail facilities and equipment.
Cleanliness and beautification of the jail compound
Mittimus Computing Branch
Tasked to receive court decisions and computer the date of the full completion of the service of
sentence of inmates.
Security Groups
Provides a system of sound custody, security and control of inmates and their movements and
also responsible to enforce prison or jail discipline
Escort Platoon
Escort section
Subpoena section
Security Platoon
Responsible for over all security of the jail compound, including gates, posts and towers
Admitting and releasing unit
Rehabilitation Purposes Groups
Provide services and assistance to prisoners and their families to enable them to solve their
individual needs and problems arising from the prisoners confinement.
Medical and Health Services Branch
Provides medical and physical examinations
Psychiatric and psychological examinations
Work and Education Therapy Services
Job and educational programs
Socio Cultural Services
Social work study of the individual prisoner
Interviews, home visits, referral to community resources, free legal services for inmates
Chaplaincy Services
Religious and moral upliftment of the inmates
Guidance and Counseling Services
Responsible for the individual and group counseling activities to help inmates solve their
individual problems and to help them lead a wholesome and constructive life

Reception Diagnostic Center/RDC


Prisoners will undergo diagnostic examination, study and observation for the purpose of
determining the programs of treatment and training best suited to their needs and the
institution to which they should be transferred

Composition
Psychiatrist
mental and emotional make- up
Psychologist
Character and behavior
Sociologist
Social case situation
Educational Counselor
Orientation classes
Recommends educational program
Vocational Counselor
Special abilities, interest and skills
Recommends for vocational course
Chaplain
Religious activities
Medical Officer
Physical examination
Recommends medical treatment
Custodial Correctional Officer
Recommends transfer and type of custody
Quarantine Cell/Unit
Unit of the prison
Section of the RDC
Prisoner is given thorough physical examination

Admission Procedures in Prison


Receiving
RDC
Escorted by the escort platoon
Checking of Commitment Papers
Receiving officer checks the commitment papers
Identification
Prisoner’s Identity
Searching
Involves frisking and searching of personal things
Property custodian/Trust fund officer
Orientation
Rules and regulations

Treatment Programs
Institutionalized Treatment Programs
Prison Education
Cornerstone of rehabilitation
General and Academic Education
To eradicate illiteracy
Vocational Education
Institutional maintenance work and industrial projects
Physical Education
Physical disabilities
Work Programs
Eliminate idleness on the part of prisoners
Change behavior by training prisoners for a useful occupation.
Educational Assignments
Assigned to general education etc.
Maintenance Assignment
Labor related to care and up keeping of the institution properties
Agricultural and Industrial Assignments
Unassignable
Nearly leave
Awaiting transfer
Disciplinary status
Chronically ill
Religious Services
Change the attitudes of inmates by inculcating religious values.
Recreational Programs
Only conducted during free time schedule
Medical and Health Services
Mental and physical examination
Diagnosis and treatment
Immunization
Sanitary Inspections
Participation in training
Counseling and Casework
Solution of specific personal problem
Help inmates to increase self understanding
Obtain clear description of social history
Solving immediate problems involving family problems or other personal relationship
Assist inmates toward acceptable solutions
Support inmates who are nearly release by giving them guidance or information
Professional assistance to offenders on probation or parole

Community Based Treatment Programs


Community Based Treatment Programs
Intended to treat criminal offenders with in the free community as alternatives to confinement.

Basic Principles
Humanitarian Aspect
Imprisonment is not always advisable.
Restorative Aspect
There are measures expected to be achieved by the offender.
Establishment of position in the community in which he does not violate the laws
Managerial Aspect
It is easier to manage those undergoing community based treatment programs than that of
custodial control.

Forms of Community Based Programs

Probation
Is a disposition whereby a defendant, after conviction of an offense, the penalty of which does
not exceed 6 years of imprisonment, is released subject to the conditions imposed by the
releasing court and under the supervision of a probation officer.
Substitute of imprisonment
Parole
Process of suspending the sentence of a convict after having served the minimum of his
sentence without granting him pardon, and prescribing the terms upon which the sentence shall
be suspended.
Conditional Pardon
Serves the purpose of releasing through executive clemency, a prisoner who is already reformed
or rehabilitated but who can not be paroled because the parole law does not apply to him.

Institutional Custody, Security and Control

Diversification
An administrative device of correctional institutions of providing varied and flexible types of
physical plants for the more effective custody, security and control of the treatment programs of
its diversified population
Separating homogeneous type of prisoners that requires special treatment and custody.
Aims
More effective execution of the treatment programs
To prevent prisoners from moral and physical contamination of one group by another
To prevent unnecessary custodial risks
Factors Considered in Diversification
Age
Female
Sex
Medical or mental Conditions
Degree of Custody

Classification Process

Classification
Method by which diagnosis, treatment planning and execution of the treatment programs are
coordinated in the individual case study.
Process of determining the needs and requirement of prisoners for assigning them to programs
according to their needs and existing resources.

Classification Procedure
Diagnosis
prisoner’s case history is taken and his personality is being studied through examination and
observations.
Treatment Planning
Formulation of tentative treatment programs suited for the prisoners
Execution of the Treatment Programs
Application of the treatment programs and policies by the classification committee
Re-classification
Treatment program is kept current with the inmates changing needs.

Organization of the Classification Board for Jails


Chairman----- Assistant Warden
Members------Chief Security Officer
Medical Officer
Chaplain
Social Worker

Task of the Classification Board


Gathering and collating of information of the prisoners case study.
Purpose of the Classification Process
To determine the work assignment, type of supervision and custody which will be applied to the
prisoners.
Contents of the Case Study
Facts and date of the present case
Criminal History
Biography
Physical Conditions
Vocational interest, competence and experiences
Education and religious background
Psychological characteristics
Diagnostic Examination
Initial Reaction to counseling or group therapy
Prison Security, Custody and Control
Security
Involves safety measures to maintain the orderliness and discipline with in the jail or prison.
Prison Discipline
State of good order and behavior.
Includes maintenance of good standards of works, sanitation, safety, education, health and
recreation.
Aims at self reliance, self control, self respect, and self discipline
Preventive Discipline
Is the prompt correction of minor deviations committed by prisoners before they become
serious violations
Control
Involves supervision of prisoners to ensure punctual and orderly involvement from one place
work program or assignment to another.
Control Center
Centrally located and elevated facility

Aims of Institutional Security and Control


Prevention of Escapes
Control of Contrabands
Maintenance of good order
Contraband
Anything that is contrary to prison/jail rules and regulation

Essential Requisites for Sound Custody, Security and Control


Adequate system of classification of prisoners
Regular inspection
Adequate system of counting
Written set of rules of control and safety precautions
Plan for the control of contraband and equipments
Keying system
Emergency plans

Important Security Rules


Strict control of firearms
24 ours supervision, at least 4x counting
Key control
Anti riot equipment and armory
Proper use of all tolls and other potentially dangerous articles
Frequent inspection
Open quarter in group guards
Exercise authority, supervision and control over a prisoner
Custody
Guarding or penal safekeeping, it involves security measures to insure security and control with
in the prison.

Composition of Prison Custodial Division


Head----------Chief Security Officer
Members
Security Officer-Commanding Officers
Supervising Prison Guards-supervising groups of guards details of several posts
Senior Prison Guards - Take charge of squad or escort guards assigned to important post such as
the control gates.
Prison Guards - Lowest in rank assigned to sentinel post such as guard houses and gates

Function of the Custodial Division


Supervision of Prisoners
Maintain order and discipline
Inspection and Security
Escort
Keep records

Disciplinary Board in Jails


Disciplinary Board
Organized and maintained with in the local jails for the purpose of hearing disciplinary cases
involving violation of jail rules and regulations by the inmates.

Disciplinary Punishments
Reprimand
Temporary or permanent cancellation of privileges in jails
Extra fatigue duty or assignment to a disciplinary squad for manual labor
Close confinement in a cell or solitary confinement, which shall not exceed seven days in any
calendar month.
Transfer to other penal institutions
Loss of GCTA

Types of Reports
Behavior Report - Includes both bad attitude as well as exceptionally good work habits.
Misconduct Report - Carries every violation of laws or rules.

Composition of the Disciplinary Board


Chairman---Assistant Jail Warden
Members---Chief Security Officer
Medical/Health Officer
Jail Chaplain
Social Worker/Rehab Officer
Note: Warden as Board Summary Hearing Officer if the composition is not Feasible

Duties and Functions of Disciplinary Board


The Warden tasks the board to investigate the facts regarding the alleged misconduct referred
to it. It holds sessions as often as necessary in a room that may be provided for the purpose. All
cases referred to it must be heard and decided with in 48 hours form the date of receipt of the
case.

Procedures in Hearing
The aggrieved inmate informs or notifies any member of the custodial force of the violation. The
latter, in return, officially reports the matter to the Desk Officer. If one of the jail employees
knows the violation committed by the offender, a brief description of the circumstances
surrounding all facts relative to the case must be made.

The desk officer simultaneously informs the Jail Warden and immediately initiates the
investigation. He then submits his reports to the Warden together with his recommendations.

The Warden evaluates the reports and if he believes that there is no sufficient evidence to
support the alleged violation, he may dismiss the case. And if he believes that there exist
sufficient evidences, he may decide the case and impose the necessary penalty in the case of
minor violations. If the case is less grave or grave, he endorses it to the Board for investigation
and hearing

The offender should be confronted of the reported violation and asked how he pleads to the
charge. If he admits the violation or pleads guilty, the Board shall impose the corresponding
punishment.

If the Offender denies the charge, the hearing should commence with presentation of evidences
and other witnesses by the Desk Officer. The offender is given the opportunity to defend
himself by his testimony and those of his witnesses if any and to present other evidences to
prove his innocence.

After the hearing, the Board decides the case based on the merits

Whether the offender is found guilty or not, he should be advised to obey the rules and
regulations strictly. The offender should be reminded that good behavior is indispensable for his
early release and or the granting of privileges.

Decisions of the Board or the Summary Hearing Officer are subjects to the approval of the
Warder and/or other higher authorities. The offender may request a review of the findings of
the Board or the Summary Hearing Officer and the proper penalty to the Central office of the
BJMP, whose decision shall be final.
Treatment of Special Offenders
Female Offenders
The women’s quarter should be fully separated from the men quarter and no men shall be
allowed to enter the women’s quarter.
Female jail staff members must do all in handling and supervision of female prisoners.
Only works suitable to their age ,sex, and physical conditions should be assigned to them
Drug addicts/alcoholic/sex deviates and Mentally ill inmates
Segregation
Close supervision
Special treatment/medication shall be made by the medical officer
Measures should be taken to enable the offender to follow strictly the physician’s advise.
Constant search must be conducted to the quarters or cells for seizure of narcotics and other
dangerous drugs, and liquor
Transfer of the inmate to the appropriate government or private authority for their special
treatment

Alternative to Jail Confinement


Segregation of special offenders to other institutions rather than putting them to jail or prison
Payment of fine
Extensive use of probation
Bail
Diversification
Delayed sentence

Pre-Release Treatment of Offenders


Pre Release Treatment
Program specifically designed and given to a prisoner, during a limited period, prior to his
release from prison, in order to give him an opportunity to adjust himself from the regimented
group life in prison to the normal, independency life of a free individual.

Special Pre-Release Programs


Special Information Sessions
Granting the prisoner’s a greater freedom inside the institution
Group and individual counseling
Transfer of prisoner from a close to an open institution
Minimum degree of supervision

Penal Provision on Correction


Philippine Correctional Philosophies and their Legal Bases
1. Philippine Constitutions
a. The state values the dignity of every human person and guarantees full respect for
human rights
b. No person shall be detained solely by reason of his political beliefs and aspirations
c. No involuntary servitude in any form shall exist except as a punishment for a crime
whereof the party shall have been fully convicted.
d. Excessive fines shall not be imposed, nor cruel, degrading or inhuman punishment
inflicted.
e. The employment of physical, psychological, or degrading punishment against any
prisoner or the use of substandard or inadequate penal facilities under subhuman
conditions shall be dealt by law
2. Revised Penal Code - No felony shall be punishable by any penalty not prescribed by law prior
to its commission.
3. Philippine Probation Law
a. One of the major goals of the government is to established a more
enlightened and humane correctional system that will promote the reformation of
offenders and thereby reduce the incidence of recidivism
b. The confinement of all offenders in prisons and other institutions with rehabilitation
programs constitutes a onerous drain on the financial resources of the country.
c. There is a need to provide a less costly alternative to the imprisonment of the
offenders
who are likely to respond to individualized community based treatment programs.
4. Rules for the treatment of prisoners
a. The purpose of committing a prisoner is two fold:
 To segregate from society a person who by his acts has proven himself a danger to the
free community.
 To strive at the correction or rehabilitation of the prisoner with the hope that upon his
return to society, he shall be able to lead a normal well adjusted and self supporting life
as a good and law abiding citizen.
b. There is no man who is all bad and there is something good in all men

Penal Provisions
Delay in the Delivery of Detained Persons to the Proper Judicial Authorities
Committed by public officer or employee
Detains any person for some legal grounds
Fails to deliver such person to the proper judicial authorities.
 12 hours
 18 hours
 36 hours

Arbitrary Detention
Committed by public officer
Detains a person without legal ground
 Commission of a crime
 Violent insanity or other ailment requiring compulsory confinement

Delaying Release
Committed by public officer or employee
Delays the performance of any judicial or executive order for the release of a prisoner
Unduly delays the services of the notice of such order to said prisoner.

Delivery of Prisoners from Jail


Committed by private individual(outsider)
Removes a person confined in jail or penal institution
Helps in the escape of such person
Means employed are violence, intimidation, bribery or any other means

Conniving with or Consenting to Evasion


Committed by public officer
Has custody of the prisoner
Helps the prisoner under his custody to escape

Escape of a prisoner under the custody of a person not a public officer


Committed by private individual
Has the custody of the prisoner
Helps the prisoner under his custody to escape

Evasion of service of sentence/Jail breaking


Committed by a prisoner serving sentence
Evades the service of his sentence during the term of imprisonment

Evasion of service of sentence on the occasion of disorders due to conflagrations, earthquakes or


other calamities
Committed by a prisoner serving sentence
Evades his sentence by leaving the institution
Escapes on the occasion of a disorder in which he has not participated
Fails to give himself up to the authorities with in 48 hours following the issuance of a
proclamation by the Chief Executive regarding the passing away of the calamity.
Special time Allowance
Deduction of one fifth of the period of the sentence of any prisoner who evaded the service of
sentence under the circumstances.
Reward the convict’s manifest intent of paying his debts to society by returning to prison after
the passing away of the calamity.

Other cases of Evasion of service of sentence


Violation of any conditions imposed to a conditional pardon

Infidelity in the custody of prisoners through connivance


Committed by public officer
Consent to the escape of a prisoner in his custody or charge

Infidelity in the custody of prisoners through negligence


Committed by public officer
A prisoner under his custody escaped through negligence on his part

Maltreatment of Prisoners
Committed by a public officer or employee
Overdoes himself in the correction or handling of such prisoner by imposition of punishment not
authorized by regulation or by inflicting such punishment in a cruel and humiliating manner.

GCTA
Privilege granted to a prisoner that shall entitle him to a deduction of his term of imprisonment.
A. 1st 2 years- 5 days each month
B. 3rd to fifth years- 8 days each month
C. 6 to 10 years- 10 days each month
D. 11th years above- 15 days each month

Reference: Handbook on INSTITUTIONAL CORRECTIONS by: Linnet Dolinen-Gahar


Notes on Corrections by Tugbo

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