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Republic of the Philippines

Province of Cotabato
Municipality of Makilala
MAKILALA INSTITUTE OF SCIENCE AND TECHNOLOGY

CRIMINOLOGY DEPARTMENT
_________________________________________________________________________________________
INSTITUTIONAL CORRECTIONS
Course Number: Correctional Administration 1 Instructor: Shella Mae G. Beduya,
RCrim
Course Title: Institutional Corrections Mobile Number: 09919549835

Email Address:
beduyashellamae66@gmail.com

I. LEARNING OUTCOMES

At the end of this lesson, you should be able to:


1. describe and distinguish Prison from Jail;
2. memorize the concepts of penalty;
3. classify the type of prisoners; and
4. determine the different ranks and concepts of the Jail Bureau.

II. TOPICS
1. PENALTY
2. PRISON/PRISONER
3. JAIL
4. BUREAU OF JAIL MANAGEMENT AND PENOLOGY
5. GOOD CONDUCT TIME ALLOWANCE
6. SPECIAL TIME ALLOWANCE

III. REFERENCES
Foronda, Mercedes A. Correctional Administration 1 2nd Edition
Guerrero, Brian B, Molato, Ronith L. Institutional Correction (2017)

IV. COURSE CONTENT

PENALTY

 Penalty is defined as the suffering inflicted by the state against an offending member
for the transgression of law.

Juridical Conditions of Penalty


Punishment must be:
1. Productive of suffering – without however affecting the integrity of the human personality.
2. Commensurate with the offense – different crimes must be punished with different penalties
(Art. 25, RPC)
3. Personal – the guilty one must be the one to be punished, no proxy.
4. Legal – the consequence must be in accordance with the law.
5. Equal – equal to all persons.
6. Certain – no one must escape its effects.
7. Correctional – changes the attitude of offenders and become law-abiding citizens.

Penalties as to Gravity

1. Death Penalty – Capital Punishment


2. Reclusion Perpetua – life imprisonment, a term of 20-40 years imprisonment

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3. Reclusion Temporal – 12 years and 1 day to 20 years imprisonment
4. Prision Mayor – 6 years and 1 day to 12 years imprisonment
5. Prision Correctional – 6 months and 1 day to 6 years imprisonment
6. Arresto Mayor – 1 month and 1 day to 6 months imprisonment
7. Arresto Menor – 1 day to 30 days imprisonment
8. Bond to keep the peace – discretionary on the part of the court.

PRISON

 It is a penitentiary, an institution for the


imprisonment (incarceration of persons
convicted of major or serious crimes.
 A building, usually with cells, or other
places established for the purpose of
taking safe custody or confinement of
criminals.
 A pace of confinement for those charged
with or convicted of offenses against the
laws of the land.
 The word prison was found its root from
the Greco Roman word Presidio from the
word “pre” means before and “sidio”
means inside. The coined term presidio
is synonymous to a Fence, cave and or dungeon.

PRISONER

 A person who is under the custody of


lawful authority.
 A person, who by reason of his
criminal sentence or by a decision
issued by a court, may be deprived of
his liberty or freedom.
 PDL-Person Deprived of Liberty
 A person detained/confined in jail or
prison for the commission of a
criminal offense or convicted and
serving in a penal institution.

General Classification of Prisoners

1. Detention Prisoner – those detained for investigation, preliminary hearing, or awaiting trial. A
detainee in a lock up jail. They are prisoners under the jurisdiction of Courts.
2. Sentenced Prisoner - offenders who are committed to the jail or prison in order to serve their
sentence after final conviction by a competent court. They are prisoners under the jurisdiction of
penal institutions.
3. Prisoners who are on safekeeping – includes non-criminal offenders who are detained in order
to protect the community against their harmful behavior.
Ex. Mentality deranged individuals, insane person.

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Classification of Sentenced Prisoners

1. INSULAR OR NATIONAL PRISONER


 Those sentenced to suffer a term of sentence of 3 years and 1 day to life imprisonment.
 Those sentenced to suffer a term of imprisonment cited above but appealed the judgment
and unable to file a bond for their temporary liberty.
2. PROVINCIAL PRISONER
 Those persons sentenced to suffer a term of imprisonment from 6 months and 1 day to 3
years or a fine not more than 1,000 pesos or both;
 Or those detained therein waiting for preliminary investigation of their cases cognizable
by the RTC.
3. CITY PRISONER
 Those sentenced to suffer a term of imprisonment from 1 day to 3 years or a fine of not
more than 1,000 pesos or both.
 Those detained therein whose cases are filed with the MTC.
 Those detained therein whose cases are cognizable by the RTC and under preliminary
investigation.
4. MUNICIPAL PRISONER
 Those confined in Municipal jails to serve an imprisonment from 1 day to 6 months.
 Those detained therein whose trials of their cases are pending with the MTC.

Classification of Prisoners
According to Degree of Security

1. SUPER MAXIMUM-SECURITY PRISONERS


 A special group of prisoners composed of incorrigible, intractable, and highly dangerous
persons who are the source of constant disturbances even in a maximum-security prison.
2. MAXIMUM SECURITY PRISONERS
 It is the group of prisoners whose escape could be
dangerous to the public or to the security of the state.
 It consists of constant troublemakers but not as
dangerous as the super maximum security prisoners.
 Their movements are restricted, and they are not
allowed to work outside the institution but rather
assigned to industrial shops within the prison
compound.
 They are confined at the Maximum-Security Prison
(NBP Building), they wear orange color of uniform.
 Prisoners includes those sentenced to serve 20 years
or more, or those sentenced are under the review of the Supreme Court,
 And offenders who are criminally insane having severe personality or emotional disorders
that make them dangerous to fellow offenders or staff members.
3. MEDIUM SECURITY PRISONERS
 Those who cannot be trusted in open conditions and pose
a lesser danger than maximum security prisoners in case
they escape.
 It consists of groups of prisoners who may be allowed
working outside the fence or walls of the penal institution
under guards or with escorts.
 they occupy the Medium Security Prison (Camp
Sampaguta) and they wear blue color of uniforms.
 Generally, they are employed as agricultural workers. It
includes prisoners who minimum sentence is less than 20
years and life-sentenced prisoners who served at least 10
years inside a maximum-security prison.

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4. MINIMUM SECURITY PRISONERS
 It is group of prisoners who can be reasonably trusted to serve sentenced under “Open
conditions”.
 This group of includes prisoners who can be trusted to report to their work assignments
without the presence of guards.
 They occupy the Minimum Security Prison (Camp Bukang Liwayway) and wear brown color
uniforms.

COLOR OF UNIFORMS OF INMATES AS TO SECURITY CLASSIFICATION


 Maximum Security – Tangerine/Orange

 Medium Security – Blue

 Minimum Security – Brown

 Detainee – Gray / Yellow

CLASSIFICATION OF INMATES AS TO ENTITLEMENT TO PRIVILEGES


Inmates shall be classified as follows to determine their entitlement to prison privileges:

1. Third Class Inmate - one who has either been previously committed for three (3) or more
times as a sentenced inmate, except those imprisoned for non-payment of a fine and those who
had been reduced from a higher class;
2. Second Class Inmate – a newly arrived inmate; an inmate demoted from first class; or one
promoted from the third class;
3. First Class Inmate – one whose known character and credit for work while in detention
earned assignment to this class upon commencement of sentence; or one who has been
promoted from the second class;
4. Colonist – the Director may, upon the recommendation of the Classification Board, classify an
inmate who has the following qualifications as a colonist:
a. Be at least a first class inmate and has served one (1) year immediately preceeding the
completion of the period specified in qualifications;
b. Has served imprisonment with good conduct for a period equivalent to one fifth (1/5) of
the maximum term of his prison sentence, or seven years in the case of a life sentence.

Punishment Imposed in Disciplinary Cases


1. Solitary Confinement - applicable in extreme cases specially when there is danger that the
prisoner may hurt himself or others.
2. Locking in his cell with loss of yard privileges
3. Loss of privileges such as visiting, correspondence and other privileges
4. Transfer to another institution
5. Assignment to a disciplinary squad for manual labor
6. Counsel and reprimand – imposed in trivial cases
7. Loss of Good Conduct Time Allowance

Ground for Increasing Penalty


1/5 of the remaining sentence of the prisoner shall be added to his sentence if he fails to
surrender himself to the authority when he escapes from prison under circumstances enumerated
in Art. 158 of the RPC. Provided, however, that the added sentenced should not exceed 6 months.

JAILS

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 It is a place for locking up of persons who are
convicted of minor offenses or felonies who are to
serve a short sentence imposed upon them by a
competent court, or for confinement of persons
who are awaiting trial or investigation of their
cases.
 Institutions for the confinement of persons who are
awaiting final disposition of their criminal cases
and the service of those convicted and punished
with shorter sentences, usually up to three years.

Origin of Jail
 The jail is said to have originated in Medieval England. When Henry II ordered that the
sheriff in each of the institutions spread through England in 1166 originally conceived as a
place for detaining suspected offenders until they could be tried, jails eventually came to
serve the dual purposes of detention and punishment.
 The concept of the English jail was brought to the colonies soon after the settlers arrived
from the Old World, the jail was used to detain those awaiting trial and those awaiting
punishment; stocks and pillory and the whipping post being located nearby.
 At the start of the 19th century, children, debtors, slaves, mentally ill and physically ill were
usually sent to other institutions. Both pre-trial and began to be housed in jails.

Types of Jails

1.Lock up jails – is a security facility, common to police stations, used for temporary confinement
of an individual held for investigation. A security facility for the temporary detention of persons held
for investigation or waiting preliminary hearing.

2.Ordinary jails – is the type of jail commonly used to detain a convicted criminal offender to serve
sentence less than three years. Houses both offenders awaiting court action and those serving short
sentences usually up to three years.

3.Workhouses, Jail Farms or Camp – a facility that houses minimum custody offenders who are
serving short sentences or those who are undergoing constructive work programs. It provides full
employment of prisoners. Remedial services and constructive leisure time activities.

Types of Jail based on inmate population

5. Type A – with population of 100 inmates or more.


6. Type B – with population of 21-90 inmates.
7. Type C – with population of 20 inmates or less.

Types of Jail based on its Jurisdiction

1. Municipal Jail
2. City Jail
3. District Jail
4. Provincial Jail

BUREAU OF JAIL MANAGEMENT AND PENOLOGY

(The Jail Bureau)

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The Bureau of Jail Management and Penology also referred to as Jail Bureau was created pursuant
to Section 60, RA 6975, and initially consisting of uniformed officers and members of the Jail
Management and Penology Service as constituted under PD 765.

Brief Origin of BJMP


On January 2, 1991, the Bureau of Jail Management and Penology was created thru RA 6975 as a
line Bureau under the Department of Interior and Local Government. The Jail Bureau is the
upgraded version of its forerunner, the Office of Jail Management and Penology of the defunct
Philippine Constabulary-Integrated National Police (PC-INP).

As mandated by RA 6975, the BJMP shall operate under the reorganized Department of the Interior
and Local Government (DILG).

Starting from scratch with 500 personnel in 1991 the BJMP weaned from its mother PC/INP as
mere component to become full-pledge bureau. Director Charles S. Mondejar took his oath of office
on July 1 of 1991 as the first Chief of the BJMP.

The Bureau of Jail Management and Penology supervises and controls all district, city, and
municipal jails nationwide.

Mission of the Bureau

The Jail Bureau shall direct, supervise and control the administration and operation of all districts,
city, and municipal jails to affect a better system of jail management nationwide.

POWERS OF THE BJMP

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

FUNCTIONS OF THE BJMP

In line with its mission, the Bureau endeavors to perform the following:

1. Formulate policies and guidelines on the administration of all districts, city and municipal jail
nationwide;
2. Formulate and implement policies for the programs of correction, rehabilitation and treatment
of offenders;
3. Plan the program funds for the subsistence allowance of offenders;
4. Conduct research, develop and implement plans and programs for the improvement of jail
services throughout the country.

ORGANIZATION OF BJMP under RA 6975

 The Jail Bureau shall be headed by a Chief who shall be assisted by a Deputy Chief.
 The Jail Bureau shall be composed of city and municipal jails, each headed by a city or
municipal jail warden: Provided that in case of large cities municipalities, a district jail with
subordinate jails headed by a District Jail Warden may be established as necessary.

ORGANIZATION AND KEY POSITIONS IN THE BJMP under RA 9263

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 The BJMP shall be headed by a Chief who shall be assisted by two deputy chiefs, one for
administration and one for operation, all of whom shall be appointed by the President upon
the recommendation of the Secretary of DILG from among the qualified officers with at least
the rank of Senior Jail Superintendent.

Notes:
* In no case shall any officer who has retired or to be retired with six months from his/her
compulsory retirement age be appointed as Chief of Jail Bureau.
* The Chief of Jail Bureau shall serve a tour of duty not to exceed four years.
* BJMP is under the Department of Interior and Local Government.

GENERAL PRINCIPLES OF JAIL MANAGEMENT

1. It is the obligation of jail authorities to confine inmates safely and provide rehabilitative
programs that will negate criminal tendencies and restore their positive values to make them
productive and law-abiding citizen.
2. No procedure or system of correction shall deprive any inmate of hope for his ultimate return
to the fold of the law and full membership in society.
3. Unless proved, otherwise, any person accused of criminal offense shall be presumed innocent
and his rights as a free citizen shall be respected, except for indispensable restraints during
his confinement in the interests of justice and public safety.
4. Inmates are human beings entitled to the same basic rights and privileges enjoyed by citizens
in a free society, except that the exercise of these rights are limited or controlled for security
reasons.

Notes:

* Under the recent ruling of the COMELEC, detainees are allowed to exercise their rights to
vote.
* Health preservation and prompt treatment of illness or injury are basic rights of every person
confined in jail. It is the duty of the jail authorities to arrange for their treatment subject to
security measures.
* Members of the custodian force shall set themselves as example by performing their duties in
accordance with the rules and shall respect the laws duly constituted authorities.
* No jail personnel shall use abusive, insulting, and indecent language on inmates.
* No jail personnel shall use unnecessary force on inmates, except legitimate self-defense or in
cases of attempted active passive physical resistance to lawful order.
* No penalty shall be imposed upon any inmate for violation of rules/regulation unless in
accordance with the duly approved disciplinary measure.
* Penalties to be imposed shall not be cruel, inhumane or degradation. No physical
punishment shall be employed as a correctional measure.
* Members of the custodial force must understand that inmates need treatment and
counseling, and the primary purpose of confinement is for safekeeping and rehabilitation.
* When conducting routine custodial (in dormitory compound) guarding ratio 1:7 or one guard
for every seven inmates shall be observed.
* When an inmate is in transit the ratio of 1:1+1 every inmate shall be observed. In case of
high-risk inmate that inmate that demand extra precaution, additional guards shall be
employed. This manning level shall be national in scope for effective jail administration in all
regional, provincial, district, city, and municipal jails.

JAILS POSITIONS AND CORRESPONDING RANKS

POSITION RANK (under RA 6975) RANK (under RA 9263)


Municipal Jail Warden Senior Jail Inspector Senior Jail Inspector
City Jail Warden Senior Jail Inspector Chief Jail Inspector

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District Jail Warden Chief Jail Inspector Jail Superintendent
Provincial Jail Administration Jail Superintendent Jail Superintendent
Asst. Regional Director for Jail Superintendent
Administration
Asst. Regional Director for Jail Superintendent
Operation
Regional Chief of Directorial Staff Jail Superintendent
Regional Chief of Directorial Staff Jail Superintendent
Regional Director of JMP At least Jail Superintendent
Director of the Directorate of At least Jail Superintendent
National Headquarters Office
Deputy Chief for Administration of Chief Jail Superintendent
the Jail Bureau
Deputy Chief for Operation of the Chief Jail Superintendent
Jail Bureau
Chief of the Directorial Staff of the Chief Jail Superintendent
Jail Bureau
Chief of the Jail Bureau Jail Director Jail Director

JAIL OFFICES AND OPERATING UNITS’ FUNCTIONS, DUTIES AND RESPONSIBILITIES

OFFICE OF THE WARDEN – the warden is responsible for direction,


coordination and control of the personnel, the inmates, and the programs
of the institution.

Under the Office of the warden are the following:

1. Intelligence and Investigation Team – collates and submits


intelligence information to the warden on the matters pertaining to
jail conditions.
2. Jail Inspectorate Section – inspect the jail facilities, the personnel
and prisoners/detainees and submits reports of deficiencies noted.
3. Public Relations Office – task with the maintenance of good public
relations to obtain the necessary and adequate support of the public.

OFFICE OF THE ASSISTANT WARDEN – he undertakes the development of a systematic process


of the treatment for this individual inmate and determines the degree of custody for such individual
in his capacity as chairman of the Classification Board. He is also automatically serving as chair of
the Disciplinary Board.

1. Classification Board – is tasked with the gathering and collating of information and other
data of every prisoner into a case study to determine the work assignment, type of
supervision and degree of custody and restriction under which an offender must live in jail.
2. Disciplinary Board – hearing disciplinary cases involving of jail rules and regulations by the
inmates.

ADMINISTRATIVE GROUP – charge of all administrative functions of the jail.

1. Personnel Management Branch – task for the assignment of personnel, procedures of


selection, preparation of personnel reports and individual record files.

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2. Records and Statistics Branch – keep and maintain booking sheets and arrest reports, keep
an orderly record of fingerprints and photographs, prepare and presents statistical data
inmates.
3. Property and Supply Branch – take charge of the safekeeping of equipment and supplies
and materials needed for the operation of the jail.
4. Budget and Finance Branch – take charge of all financial matter such as budgeting,
financing, accounting, and auditing.
5. Mess Service Branch – prepare the daily menu, prepares, and cook the food and serve it to
the inmates.
6. General Services Branch – maintain and repair of jail facilities and equipment. It is also
task with cleanliness beautification of the jail compound.
7. Mittimus Computing Branch – receive court decisions and compute the date of the full
completion of the service sentence of inmates.

Note:

Mittimus – is a warrant issued by a court bearing its seal and signature of the judge, directing the
jail or prison authorities to receive the convicted offender for service of sentence imposed therein.

SECURITY GROUPS

The security groups provide a system of sound custody, security and control of inmates and their movements
and responsible to enforce prison or jail discipline.

1. Escort Platoon - is composed of the following;


a. Escort Section - to escort inmate upon order of any judicial body; upon summon of a
court; or transfer to other penal institutions. Produce inmates under proper guard, to Prosecutor’s
authority upon proper summons. Transfer the prisoner to penal institution on proper order of the
court or authority.
b. Subpoena Section –receives and distribute court summons, notices, subpoenas and
other court processes directed to inmates confined in jail.
2. Security Platoon – a three (3) working platoon shifts responsible for overall security of the jail
compound including gates, guard posts and towers. They are also responsible for the admitting and
releasing unit. Responsible for proper system of security and control procedures of inmates in
confinement, and the searching of all personnel and visitors entering the jail compound to check and
prevent the smuggling of contraband.

Notes:

* Contraband was commonly described in the past as any material that might be used for an escape or
used to take advantage of other inmates. Such items as matches, money, pornographic pictures, guns,
drugs, and tools are generally considered as contraband. Any item can be placed on the list of
contraband if it is perceived as a threat to orderly operation of jail or prison.
* At present, contraband is described as any item found on the inmate or in his possession or in his
dorm that is not specifically authorized by the rules.

3. Custodian Section – conduct regular custodial functions over inmates.


4. Admitting and Releasing Section – part of the security platoon. It is tasked with receiving of person
committed to the jail and the proper release of prisoners who have served prison sentence or are
released on orders of competent courts or authority.

Process of Admitting Person in Jail:

1. Booking
2. Identification
3. Property Receiving and Safekeeping
4. Briefing

REHABILITATION PURPOSES GROUPS

This group provides services and assistance to prisoners and their families to enable them to solve
their individual needs and problems arising from the prisoners’ confinement.

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 Medical and Health Services Branch – provides medical and physical examinations of
inmates upon confinement, treatment of sick inmates and conduct medical and physical
examinations and provide medicines or recommends for the hospitalization of seriously ill
prisoners of inmates. It also conducts psychiatric and psychological examinations.
 Work and Education Therapy Services - it take charge of the job and educational
programs needed for rehabilitation of inmates by providing them job incentives so they can
earn and provide support for their families while in jail.
 Socio-Cultural Services – it takes care of the social case work study of the individual
prisoners by making interviews, home visits, referral to community resources, free legal
services, and liaison works for the inmates.
 Chaplaincy Services – It takes charge of the religious and moral uplift of the inmates
through religious services. This branch caters to all religious sects.
 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.

PROVISIONS TO BE FOLLOWED IN ACCORDANCE WITH THE REVISED PENAL CODE IN


RELEASING PRISONER

 No prisoner shall be made to serve more than three times of the most severe penalty or
sentence that is imposed upon him, but in no case shall he be made to serve more than forty
(40) years (Article 70, RPC).
 If he computed sentence of a prisoner based on the above is forty years, he shall serve the
sentence excluding good conduct time allowance credits that he may have earn. If given full
good conduct time allowance credits during his service of sentence because of good behavior,
the prisoner with computed forty (40) years of service of sentence shall serve more or less 28
years.
 A prisoner sentenced to life imprisonment shall serve a sentence equivalent to thirty (30)
years excluding good conduct time allowance that he may earn for good behavior.
 No prisoner upon expiration of his sentence shall be released by the superintendent or head
of a prison without the approval of the Director.
 All prisoners convicted by the courts to serve sentence in national prisons shall be granted
good conduct time allowance for good behaviors including those cases are on appeal.

GOOD CONDUCT TIME ALLOWANCE

Good conduct time allowance is a program that allows for the reduction of the offender
sentence that is based on good behavior while inside the correctional institution. The good
conduct or behavior of any prisoner shall entitle him to the following deductions from the period of
his sentence.

 During the first two years of his imprisonment, he shall be allowed a deduction of five (5)
days for each month of good behavior.
 During the third to fifth year, inclusive of his imprisonment, he shall be allowed a
deduction of eight (8) days for each month of good behavior.
 During the following years until the tenth year inclusive of his imprisonment, he shall be
allowed a deduction of fifteen (15) days for each month of good behavior.

GRANT OF GOOD CONDUCT TIME ALLOWANCE

The Director of Correction shall grant allowances for good conduct and such grant once
given be revoked.

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The allowance for good conduct shall be granted equally and uniformity to prisoners with
good behavior and without adverse records of breaches of discipline.

GRANT OF SPECIAL TIME ALLOWANCE

A deduction of one fifth (1/5) of the period of his sentence shall be granted to a
prisoner who having evaded the service of his sentence gives himself up to the
authorities within 48 hours following the issuance of a proclamation announcing the
passing away of a calamity of catastrophe (Article 98, RPC).

Notes:

RA 7659 – reimposition of death penalty on heinous crimes.

RA 8177 – designating death by lethal injection as the method of carrying out death
penalty.

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