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INSTITUTIONAL CORRECTIONS
1. RECALL AND EXPLAIN THE THEORIES AND PRINCIPLES OF PENOLOGY,
PUNISHMENT, PENALTY, SENTENCING, AND REHABILITATION, INCLUDING THE
RIGHTS, LEGAL LIMITATIONS, AND CONDITIONS SET FORTH BY THE
CONSTIRUTION, LAW, AND UNITED NATIONS DECLARATIONS.

PENOLOGY defined:
- The study of punishment for crime or of criminal offenders. It includes the study of
control and prevention of crime through punishment of criminal offenders.
Etymology of the word penology
- The term is derived from the Greek word “POINE” as well as Latin word “POENA”
which means pain or suffering and “LOGOS” which means study.
- Penology is otherwise known as Penal Science. It is actually a division of criminology
that deals with prison management and the treatment of offenders, and concerned itself
with the philosophy and practice of society in its effort to repress criminal activities.
Penal Management: - Refers to the manner or practice of managing or controlling
places of confinement as in jails or prisons.

The Primary Schools of Penology

1. 1.The Classical School – it maintains the “doctrine of psychological hedonism”
or “free will”. That the individual calculates pleasures and pains in advance of
action and regulates his conduct by the result of his calculations.
2. The Neo-classical School – it maintained that while the classical doctrine is
correct in general, it should be modified in certain details. Since children and
lunatics (insane persons) cannot calculate the differences of pleasures from pain,
they should not be regarded as criminals; hence they should be free from
punishment. - emphasis is on the crime and its causes rather than the criminal
himself
3. The Positivist/Italian School – the school that denied individual responsibility
and reflected non-punitive reactions to crime and criminality. It adheres those
crimes, as any other act, is a natural phenomenon. Criminals are considered as
sick individuals who need to be treated by treatment programs rather than punitive
actions against them.
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THE GOLDEN AGE OF PENOLOGY
The period of 1870-1880 is regarded as the Golden Age of Penology. It was during this
period that prison reforms were at their peak, through the efforts of progressive-thinking
men in Europe and in the United States of America.
PUNISHMENT AND PENALTY
Punishment – It is the redress that the state takes against an offending member of society
that usually involves pain and suffering. - It is also the penalty imposed on an offender
for a crime or wrongdoing. Penalty – the suffering that is inflicted by the state for the
transgression of the law

JUSTIFICATION FOR PUNISHMENT

1. RETRIBUTION Literally, retribution is the act of taking revenge. In the context
of corrections, the belief is that a person who harmed or injured another person
must be punished for the harm or injury he caused. This is one of the oldest and
most basic justifications for punishment (Miethe and Lu, 2005). It is a
justification for punishment underlined by the concept of lex talionis, or law of
talion and law of equal retaliation (Stohr and Walsh, 2012).
2. EXPIATION Related to the philosophy of retaliation is expiation or atonement.
Expiation or atonement means reparation for an offense or injury. The difference
between the two is that retaliation is personal vengeance, while expiation is group
vengeance.
3. DETERRENCE Literally, deterrence is the act or process of discouraging
actions or preventing occurrences by instilling fear or doubt or anxiety. As a
philosophy of corrections, deterrence is the prevention of crime by the threat of
punishment. The principle that peoples respond to incentives and are deterred by
the threat of punishment is the philosophical foundation behind all systems of
criminal law.

TWO TYPES OF DETERRENCE

1. General deterrence refers to the preventive effect of the threat of punishment on
the general population. As the name denotes, the purpose is to instill fear among
the members of society that anyone who will be caught committing a crime will
certainly will be punished.
2. Specific deterrence refers to the effect of punishment on the future behavior of
persons who experienced the punishment. Here, the offender himself who had
already experienced life in prison or jail will be deterred from committing another
crime because he would not want to go back to prison or jail.
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4. ISOLATION - literally means to separate. In the context of corrections, isolation
refers to the separation of offenders from the law-abiding members of society by
imprisoning them. Isolation later evolved into another correctional philosophy that is now
called incapacitation.

5. INCAPACITATION - refers to the inability of criminals to victimize people outside

prison walls while they are locked up (Stohr and Walsh, 2012).

6. REHABILITATION - means to restore or return to constructive or healthy activity.

The rehabilitative goal is based on a medical model that used to view criminal behavior
as a moral sickness requiring treatment. Today, this model views criminality in terms of
“faulty thinking” and criminals as in need of “programming” rather than “treatment”.

7. REINTEGRATION - is the process of making the offender a productive member of

the community. To reintegrate means to make the offender become a law-abiding and
productive member of society once he is out of prison.

JURIDICAL CONDITIONS OF PENALTY

1. The penalty must be judicial or legal.
2. The penalty must be definite.
3. The penalty must be commensurate.
4. The penalty must be personal.
5. The penalty must be equal.

EARLY FORMS OF PUNISHMENT

1. Capital Punishment – punishment of death carried out by hanging, immersion in
boiling water, burning and feeding to wild animals, firing squad, decapitation,
quartering and garroting.
2. Corporal Punishment – infliction of penalties such as mutilation, disfiguration,
flogging and branding, stoning, slavery and the like.
3. Public Humiliation – causes shame to the offender.
4. Banishment – offender is transported to other territory and not permitted to re-
entry to their homeland.
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FORMS OF PUNISHMENT THROUGH PUBLIC HUMILIATION

1. PILLORY - is a wooden or metal device mounted on a post with

three holes to fit the head and the wrists. The offender had to bend
down while standing up, while his head and wrists are trapped in
the holes. He had to remain in this position for a certain number
of hours, depending on the crime he committed. The crowd were
allowed and even encouraged to spit at the offender, throw rotten
food, dirt, mud, and even human wastes to the offender, as part of
his punishment.

2. STOCKS - is a wooden device with holes for the wrists and legs,
but not for the head. An offender has to sit down in order to lock
his wrists and legs. The stocks is a punishment device that is
similar to the pillory in terms of purpose but with slight variation in
terms of its design or appearance.

3. Jougs, Juggs, or Joggs – an iron collar fastened by a short chain

to a wall, often of the parish church, or to a tree or cross. The collar
was placed round the offender's neck and fastened by a padlock.
Time spent in the jougs was intended to shame an offender publicly.
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EARLY FORMS OF CORPORAL PUNISHMENT
1. FLAGGELATION - or flogging is the act of methodically beating
or whipping the human body. The word flagellation was derived from
the Latin word, flagellum, which means whip. It is done by
repeatedly hitting the body, usually in the back, with the use of a
whip, cane, wood, leather or other objects hard enough to inflict pain.

2. BRANDING - Human branding or stigmatizing is the process in

which a mark, usually a symbol or ornamental pattern, is burned into
the skin of a living person, with the intention that the resulting scar
makes it permanent. It is done by pressing a burning, hot iron to the
person’s skin or body which would result in a wound caused by the
burning.

3. STONING - or lapidation involves the tossing of heavy rocks

and stones at the victim until death.

4. MUTILATION - is the cutting off of an organ of the body.

As punishment, mutilation is done in accordance with the law
of retaliation, or lex talionis. Lex talionis resembles the
biblical principle of “an eye for an eye, a tooth for a tooth.
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5. GALLEY SLAVERY Galley is a large medieval vessel or boat propelled by sails

and oars and used for war and trading. Its movement is dependent upon the men who
row the boat using the oars. These men were usually convicted offenders whose
punishment was to become galley slaves.

6. Iron Maiden – box-like structure with the front half hinged like and door so
that a person could be placed inside. When the door was shut, protruding
spikes both back and front entered the body of the prisoner.

7. The Rack – device that drags apart the joints in the feet
and hands.

8. Scavenger's Daughter (or Skevington's Daughter) - It was

an A-frame shaped metal rack to which the head was
strapped to the top point of the A, the hands at the midpoint
and the legs at the lower spread ends; swinging the head
down and forcing the knees up in a sitting position
compressing the body so as to force the blood from the nose
and ears.

9. Scold's Bridle, sometimes called a Brank's Bridle or simply

Branks – an instrument of punishment used primarily on women, as
a form of torture and public humiliation. The device was an iron
muzzle in an iron framework that enclosed the head. A bridle-bit (or
curb-plate), about 2 inches long and 1 inch broad, projected into the
mouth and pressed down on top of the tongue. The curb-plate was
frequently studded with spikes, so that if the offender moved her
tongue, it inflicted pain and made speaking impossible.
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10. Foot Whipping or Bastinado – The undergoing person
is required to be barefoot. The beating is typically
inflicted with an object in the type of a cane or a crop and
repeated over a varying number of times. It is usually
targeted at the vaults or arches of the foot but sometimes
the heels and balls of the feet can be targeted also.

11. Iron Boot – designed to cause crushing injuries to the foot

and/or leg.

12. Milk & Honey – the person was encased in a box from which his head, hands & feet
protrude, forcibly feed with milk and honey which was also smeared in his face and
then exposed to the sun seventeen (17) days, he lingered on this horrible condition
until he had been devoured alive by insect and vermin.
13. FURCA – a V. shape yolk worn around the neck and the outstretched arms of convict
are tied also
14. ERGASTULUM – convicts are attached to work benches and forced to do hard labor.
15. SHOT-DRILL – carrying heavy loads for one place to another
16. CHAIN GANGS – prisons are chained together and work in public projects.
17. TREADMILL – prisoner is continually made to constantly climb stairs up to 14,000
feet.
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EARLY FORMS OF CAPITAL PUNISHMENT
1. BEHEADING or DECAPITATION Beheading or decapitation is the cutting off of
the head from the body by using an ax or sword. This was regarded as the most
honorable form of capital punishment because a sword was a symbol that was both
noble and aristocratic

2. BEHEADING THROUGH THE USE OF GUILLOTINE

Guillotine is a device designed for carrying out executions by
decapitation. It consists of a tall upright frame in which a
weighted and angled blade is raised to the top and suspended.
The condemned person is secured at the bottom of the frame,
with his or her neck held directly below the blade. The blade is
then released, to fall swiftly and sever the head from the body.
The name guillotine was derived from the name of the person
who designed this device, Dr. Joseph Ignace Guillotine.

3. STRANGULATION THROUGH HANGING

Hanging is the strangulation by use of a rope while the body is
suspended in the air. As opposed to decapitation, hanging was
the standard non-honorable form of the death penalty
Gallows - refers to a frame usually of two upright posts and a
traverse beam from which criminals are hanged. Usually used in
England.

4. STRANGULATION THROUGH THE USE OF GARROTE

Garroting is the strangulation through the use of a metal collar. It
is done through the use of a garrote, a wooden chair with an
attached metal in the shape of a loop for the neck. The offender
was made to sit in the chair, bounded, and the loop was fitted at
the neck. Execution is done by tightening the metal loop in the
neck by turning a crank or a wheel attached to it, until the person
could no longer breath, which would result in his death.
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5. DRAWING AND QUARTERING This is one the most

brutal methods of execution. An offender sentenced to this
death was first hanged until near death, taken down, their
limbs tied to horses, and then pulled apart as the horses ran
in different directions. Disembowelment, or the ripping out
of internal organs, and the removal of genitals often
occurred while the accused was still alive.

6. Breaking wheel, also known as the Catherine wheel or

simply the wheel, was a torture device used for capital
punishment from antiquity into early modern times for public
execution by breaking the criminal's bones/bludgeoning him
to death.

7. DEATH BY MUSKETRY OR FIRING SQUAD

Firing Squad – refers to a group of soldiers. Usually, all
members of the group are instructed to fire simultaneously,
thus preventing both disruption of the process by a single
member and identification of the member who fired the
lethal shot. The prisoner is typically blindfolded or hooded,
as well as restrained.
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BRIEF HISTORY OF CAPITAL PUNISHMENT IN THE PHILIPPINES Electric

Chair - as a method of execution was introduced in 1926 during the American
occupation. It was used until 1976, during the time of former President Ferdinand Marcos.
Article 81 of the Revised Penal Code is the provision pertaining to the death penalty.
1987 Philippine Constitution - abolished the death penalty except for heinous crimes, as
stated under Section 19, Article III.
Republic Act No. 8177 (approved March 20, 1996) – It is the law that designated lethal
injection as the method for carrying out the capital punishment in the Philippines.
Republic Act No. 9346 – the law prohibiting the imposition of the death penalty. It was
approved on June 24, 2006.

DURATION OF PENALTIES
The duration of penalties is provided by Article 25 of the Revised Penal Code:

Capital Punishment
Death

Afflictive Penalties
Reclusion Perpetua – 20 years and 1 day to 40 years
Reclusion Temporal – 12 years and 1 day to 20 years
Prision Mayor – 6 years and 1 day to 12 years
Correccional Penalties Prision Correccional – 6 months and 1 day to six years
Arresto Mayor – 1 month and 1 day to 6 months
Destierro – 6 months and 1 day to 6 years;
shall not be permitted to enter the place or places designated in the sentence, nor within
the radius therin specified, which shall be not more than 250 kilometers and not less than
25 kilometers from the place designated

Light Penalties
Arresto Menor – 1 day to 30 days
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INDETERMINATE SENTENCE
Indeterminate sentence - is one in which the actual number of years a person may serve
is not fixed but is rather a range of years. Penalty imposed may be in its minimum,
medium or maximum period, as provided by the Revised Penal Code.
Act No. 4103, as amended by Act No. 4203 and Act No. 4225 – is the Indeterminate
Sentence Law, which took effect on 5 December 1933 and currently still enforceable.
This law is responsible for the establishment of the parole system in the Philippines and
the Board of Pardons and Parole, which is tasked to administer the parole system.

DISTINCTION BETWEEN CONCURRENT SENTENCE AND CONSECUTIVE

SENTENCE
A concurrent sentence is one in which two separate sentences are served at the same time,
while a consecutive sentence is one in which two or more sentences must be served
sequentially, or one after the other

REHABILITATION PROGRAMS UNDER THE BUREAU OF CORRECTIONS

1. Work and Livelihood
2. Healthcare Services
3. Education and Skills Training
4. Sports and Recreation
5. Moral and Spiritual

REHABILITATION PROGRAMS UNDER THE BUREAU OF JAIL

MANAGEMENT AND PENOLOGY
1. Inmates Welfare and Development Program, or IWDP – It is a set of physical,
psychological, intellectual, vocational and spiritual activities or interventions that
facilitates inmates’ well-being and enhancement in accordance with the accepted
social norms and ethical standards.
The services and activities under the IWDP include the following:
• Provisions for basic needs
• Health Services and Activities
• Livelihood Services and Activities
• Educational Services and Activities
• Sports and Recreation Services and Activities
• Visitation Services and Activities
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• Paralegal Services and Activities; and
• Religious Services and Activities.

2. THERAPEUTIC COMMUNITY MODALITY PROGRAM – is a part of a

rehabilitation program originally designed for people who are suffering from
mental illnesses, personality disorders and drug additions. It is a collective term
used to refer to the different approaches that are employed to address said
problems.
Both the BuCor and the BJMP make use of Therapeutic Community approach as
part of its rehabilitation program.

2. DESCRIBE, UNDERSTAND AND APPLY THE FUNCTIONS, ORGANIZATION,

ADMINISTRATION, MANAGEMENT, OPERATIONS, PLANNING, DECISION-MAKING
PROCESS, AND ACCOUNTABILITY OF PERSONNEL IN THE BJMP, PROVINCIAL JAIL,
BUCOR, AND OTHER FACILITIES.

BUREAU OF CORRECTIONS
The Bureau of Corrections, or BUCOR, is an attached agency to the Department of
Justice.
It is the only primary institution in the corrections pillar that provides full custody and
rehabilitation programs for the transformation of insular prisoners, those sentenced to
more than three (3) years to life imprisonment.

TWIN OBJECTIVES OF BUCOR

1. effective rehabilitation
2. safekeeping of national prisoners
REPUBLIC ACT NO. 10575, THE BUREAU OF CORRECTIONS ACT OF 2013
Republic Act No. 10575, otherwise known as the Bureau of Corrections Act of 2013, was
approved on 24 May 2013. It aims to strengthen, modernize, professionalize and
restructure the BUCOR by upgrading its facilities, increasing the number of its personnel,
upgrading the level of qualifications of its personnel and standardizing their salaries,
retirement and other benefits.
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THE SEVEN PRISONS AND PENAL FARMS IN THE PHILIPPINES

1. SAN RAMON PRISON AND PENAL FARM

- established on August 21, 1869 in Zamboanga City during the time of Governor
General Ramon Blanco. It is believed that it was Governor General Blanco who chose the
name San Ramon, in honor of his patron saint.
- It is the oldest operational prison in the country.
- It was built purposely for Muslim rebels and political offenders who went against the
Spanish government. Its original size was 1,414 hectares.
- It was re-established in 1907 because it was destroyed during the Spanish-American
War. It was placed under the Bureau of Prisons on January 1, 1915 and to this day
remains to be under the BUCOR.
2. IWAHIG PENAL COLONY
- created on November 16, 1904 and is located in Puerto Princesa Palawan, through the
authority of Governor Luke Wright. Initially 28,072 hectares in size, it reached 41,007
hectares by virtue of Executive Order No. 67 issued by Governor Newton Gilbert on
October 15, 1912.
- intended as a temporary place of confinement for prisoners who could no longer be
received in the Old Bilibid Prison in Manila. But by 1907, it was already officially
classified as a penal institution.
- is an open institution and it is subdivided into four (4) zones or districts: Central sub-
colony, Sta. Lucia, Montible and Inagawan.

3. CORRECTIONAL INSTITUTION FOR WOMEN (CIW)

- On November 27, 1929, the Correctional Institution for Women (CIW), originally
called Women’s Prison, was created under Act No. 3579, to provide separate facilities for
women offenders. It is located at Welfareville, Mandaluyong City.
- All female inmates from the Old Bilibid Prison were transferred to the CIW on
February 14, 1931. The facility was 18 hectares in size.
4. DAVAO PRISON AND PENAL FARM
- formerly called Davao Penal Colony, was created pursuant to Act No. 3732 in January
21, 1932 and is located in the districts of Panabo and Tagum in Davao del Norte. It
originally was 30,000 hectares in size.
- It is divided into two (2) sub-colonies: The Panabo sub-colony and Kapalong sub-
colony.
5. NEW BILIBID PRISON (NBP)
- established in Muntinlupa by virtue of Commonwealth Act No. 67. On November 15,
1940, all inmates of the Old Bilibid Prison in Manila were transferred to the NBP. It
became to be known officially as the New Bilibid Prison on January 22, 1941. It has an
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area of 587 hectares.
- It is divided into three compounds or camps: maximum security, medium security and
minimum security compounds.
- The medium security camp is called Camp Sampaguita, while the minimum security
camp is called Bukang Liwayway.
6. SABLAYAN PRISON AND PENAL FARM
- formerly Sablayan Penal Colony, was established pursuant to Proclamation No. 72
issued on September 26, 1954. It is located in Occidental Mindoro and is 16,190 hectares
in size.
It has three sub-colonies.
- It is here in Sablayan that prisoners from the National Bilibid Prison are transferred to
address problems on overcrowding in the NBP .
7. LEYTE REGIONAL PRISON
- established by virtue of Proclamation No. 1101 issued on January 16, 1973. It is located
in Abuyog, Southern Leyte.
- This prison receives convicted offenders from Region 6 and from the National Bilibid
Prison.
THE TWO COMPONENTS OF BUCOR
1. Safekeeping (the custodial component) – refers to the act that ensures the public,
including families of inmates and their victims, that national inmates are provided with
their basic needs, completely incapacitated from further committing criminal acts, and
have been totally cut off from their criminal networks or contacts in the free society while
serving sentence inside the premises of the national penitentiary.
The safekeeping of inmates includes decent provision of quarters, food, water and
clothing in compliance with established United Nations standards.
2. Reformation (the rehabilitation component) – refers to the acts which ensure the
public, including families of inmates and their victims, that released national inmates are
no longer harmful to the community by becoming reformed individuals prepared to live a
normal and productive life upon reintegration to the mainstream society.

The reformation of national inmates shall include the following: moral and spiritual
program, education and training program, work and livelihood program, sports and
recreation program, health and welfare program and behaviour modification program, to
include therapeutic community.
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ORGANIZATION AND KEY POSITIONS OF THE BUCOR
-The head of the BUCOR shall have the position and title of Director General of
Corrections and he shall have the rank of Undersecretary. He shall be appointed by the
President upon the recommendation of the Secretary of the DOJ and he shall serve for a
period of six (6) years.
The third officer in command shall have the position and title Corrections Chief
Superintendent and he shall have the rank of Chief Superintendent.
The fourth officer in command shall have the position and title of Corrections Senior
Superintendent and he shall have the rank of Senior Superintendent.
The fifth officer in command shall have the position and title of Corrections
Superintendent and he shall have the rank of Superintendent.
COMPOSITION OF THE UNIFORMED PERSONNEL OF THE BUCOR
The safekeeping of the inmates shall be undertaken by the Custodial Force consisting of
the corrections officers with the ranking system and salary grades similar to the BJMP.

The custodial officers shall have the following custodial ranks:

Corrections Senior Superintendent
Corrections Superintendent
Corrections Chief Inspector
Corrections Senior Inspector
Corrections Inspector
Corrections Senior Officer 4
Corrections Senior Officer 3
Corrections Senior Officer 2
Corrections Senior Officer 1
Corrections Officer 3
Corrections Officer 2
Corrections Officer 1
The reformation programs shall be undertaken by professional reformation personnel
consisting of corrections technical officers with ranking systems and salary grades similar
to corrections officers.
The corrections technical officers shall have the following reformation ranks:
Corrections Technical Senior Superintendent
Corrections Technical Superintendent
Corrections Technical Chief Inspector
Corrections Technical Senior Inspector
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Corrections Technical Inspector
Corrections Technical Senior Officer 4
Corrections Technical Senior Officer 3
Corrections Technical Senior Officer 2
Corrections Technical Senior Officer 1

Corrections Technical Officer 3

Corrections Technical Officer 2
Corrections Technical Officer 1

PROFESSIONALIZATION AND UPGRADING OF QUALIFICATION

STANDARDS IN THE APPOINTMENT OF BUCOR PERSONNEL
-An applicant to the BUCOR must be a college graduate and must pass the appropriate
civil service eligibilities, such as the civil service examination administered by the Civil
Service Commission and professional licensure examinations administered by the
Professional
Regulation Commission.
*All BUCOR personnel who are not college graduates and/or do not possess the
appropriate eligibility are given five (5) years to obtain the minimum educational
qualification and eligibility
AGE REQUIREMENT
must be not less than twenty-one (21) years old nor more than forty (40) years old at the
time of his application.

HEIGHT REQUIREMENT
1.62 meters – Male
1.57 meters – Female
*Height waivers are also accepted for applicants who are members of cultural minorities
TRAINING OF BUCOR PERSONNEL
The training of BUCOR personnel will continue to be done through its Personnel
Training School, which was renamed as Corrections Training School or Institute
patterned after the BJMP’s Jail National Training Institute.

RA 10575 also ordered for a study to be conducted in order to prepare for the
establishment of the Philippine Corrections Academy, to be patterned after the Philippine
National Police Academy, for its commissioned officers.
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BUCOR PERSONNEL-TO-INMATE RATIO
1:7 – custodial personnel-to-inmate ratio
1:24 – reformation personnel-to-inmate ratio
THE BUREAU OF JAIL MANAGEMENT AND PENOLOGY
The Bureau of Jail Management and Penology, or BJMP, was created by virtue of RA
6975, otherwise known as the Department of the Interior and Local Government Act of
1990, which took effect on January 2, 1991.
Republic Act No. 9263, otherwise known as the Bureau of Fire Protection and Bureau of
Jail Management and Penology Professionalization Act of 2004, was enacted on March
10, 2004, amending pertinent provisions of RA 6975 regarding the BJMP. RA 9592,
another amendatory law, was enacted on May 8, 2009, amending the provisions on
educational qualifications of BJMP personnel, among others.
CLASSIFICATION OF JAILS
1. Jail – is a place of confinement for city and municipal prisoners, any fugitive from
justice, or person detained awaiting or undergoing investigation or trial and/or transfer to
the national penitentiary, and/or violent mentally-ill person who endangers himself or the
safety of others, pending transfer to a mental institution.
confinement for inmates coming from a city or clustered municipalities who are awaiting
or undergoing trial or serving sentence for a term of one (1) day to three (3) years. It is
headed by a Jail Warden or Wardress.
2. City Jail – is a facility or place of confinement for inmates whose sentence ranges
from one (1) day to (3) three years, and for those who awaiting or undergoing trial or
waiting for judgment of the court. It is headed by a jail warden.

3. Municipal Jail – is a facility or place of confinement for inmates whose sentence

ranges from one (1) day to six (6) months, and for those who are awaiting or undergoing
trial or waiting for judgment of the court. It is headed by a jail warden.
4. Provincial Jail – is a facility or place of confinement for inmates whose sentence
ranges from six (6) months and one (1) day to three (3) years, and those who are awaiting
or undergoing trial, or waiting for the judgment of the court.
*Provincial jails are for the safekeeping of prisoners at the capital of each province.
These are under the supervision and control of the provincial governors; whose office is
also under the DILG.
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3. EXPLAIN, USE, AND ANALYZE THE ADMISSION PROCESS OF PERSONS DEPRIVED OF

LIBERTY, RELEASE OF PERSONS DEPRIVED OF LIBERTY, SECURITY AND SAFETY
PROCESSES AND REQUIREMENTS OF PDLS INSIDE THE INSTITUTION, VISITATION,
MOVEMENT, AND ESCORTING PROCEDURE, THE TRIAL OF PDLS, CUSTODY,
CONTROL AND DISCIPLINARY PROCESS OF PDLS IN THE BJMP, PROVINCIAL JAIL,
BUCOR, AND OTHER FACILITIES.

The Correctional Treatment Program

The Treatment Programs
1. The Philippine Prison System adopted two approaches in treating criminal offenders.
These are the Institution-Based Treatment Programs and the Community-Based
Treatment Programs.
2. These programs aimed towards the improvement of offender attitude and philosophy
of life, the main goal being ultimate rehabilitation of offenders by changing inmates’
attitudes.
The Institutionalized Treatment Programs
1. Prison Education – the cornerstone of rehabilitation. It is the process or
result of formal training in school or classrooms intended to shape the mind
and attitude of prisoners towards good living upon their release.

Classes of Prison Education:

A. General and Academic Education – the objective of which is to eradicate illiteracy
among prisoners. This could be the best contribution of correctional system can offer to
society.
B. Vocational Education – the purpose of which is to provide prisoners necessary skills
for successful works in a socially acceptable occupation after their release.
2. Physical Education – designed for those who have physical disabilities.
3. Work Programs – these are programs conducive to change behavior in morale
by training prisoners for a useful occupation. It is purposely to eliminate idleness on the
part of prisoners, which may contribute to “Prison stupor”, and it affects the incidence of
prison riot.
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Classification of Prison Work Programs:
1. Educational Assignments – prisoners maybe assigned to either general education,
vocational or physical education.
2. Maintenance Assignments – the assignment involves labor related to care and up
keeping of the institution properties.
3. Unassignable – prisoners who are nearly to leave the institution, awaiting transfer,
those in disciplinary status, and those who are chronically ill with mental disabilities are
considered unassignable prisoners. Prisoners over 60 years of age may be excused from
hard work.
4. Religious Services in Prison – the purpose of this program is to change the attitudes
of inmates by inculcating religious values or belief.
5. Recreational Program – the only program that is conducted during free time schedule.
Activities may include athletics/sports, musical and arts, social games, special activities
on special events, etc.
6. Medical and Health Services – includes mental and physical examination, diagnosis
and treatment, immunization, sanitary inspections, participation in training.

Counseling and Casework Objectives of Counseling:

1. Immediate solution of specific personal problem,
2. Help inmates to increase self-understanding.

Objectives of Casework:
1. To obtain clear description of social history
2. Solving immediate problems involving family problems or other
personal relationship.
3. Assist inmates towards acceptable solutions.
4. Support inmates, who are nearly release by giving them guidance or
information.
5. Professional assistance to offenders on probation or parole.
6. Rehabilitation and Treatment of Inmates.
Inmate Services
1. Inmate services – As part of the prison rehabilitation and treatment program, the
inmate shall be guaranteed access to health, educational, religious, and related
rehabilitation services.
2. Health Service – Health care and services shall be given to inmates similar to those
available in the free community and subject to prison regulations. A prison shall have at
least one qualified medical doctor and a dentist.
3. Medical consultation and visiting hour – Medical consultation and visiting hours
shall be established by the Superintendent in consultation with the medical staff.
 20
4. Basic guidelines on medical consultation – the following guidelines shall be
observed whenever an inmate visits a prison hospital/clinic for consultation and/or
treatment.
a. The inmate shall be in proper uniform during consultations.
b. He shall be attended to on a first come first served basis.
c. The number of inmates allowed at the hospital/clinic for
consultation/treatment shall depend on the number of available doctors.
d. An inmate shall be subjected to a body search upon entering and leaving
the prison hospital/clinic.
e. In emergency cases, only the medical staff and the patient shall be allowed
inside the emergency room. An inmate shall not loiter in the hospital/clinic
or leave the same without permission from the medical staff.
f. Visitors of inmates shall not be allowed to stay inside the hospital/clinic to
attend to the sick inmate without the permission of the prison medical staff.
g. Children below twelve (12) years of age shall not be allowed to stay inside
a hospital ward or treatment room.
h. Patients in the hospital shall not be required to stand for checking.
5. Pregnant CIW inmates – In the CIW, there shall be special accommodations for
pregnant women. Whenever practicable, however, arrangements shall be made for
children to be born in a hospital outside the prison.
6. Infant born to a CIW inmate – an infant born while the mother is serving sentence in
the CIW may be allowed to stay with the mother for a period not exceeding one (1) year.
After the lapse of said period, if the mother of the infant fails to place the child in a home
of her own, the Superintendent shall make arrangements with the Department of Social
Welfare and Development or any other social welfare agency for the infant’s care. As far
as practicable, the CIW shall have a nursery staffed by qualified personnel.
7. Recommendation for release of seriously-ill inmate – The prison medical officer
shall visit all sick inmates daily and attend to those who complain of any ailment. He
shall render a report to the Superintendent whenever he considers that an inmate’s mental
or physical health has been or will be injuriously affected by continued imprisonment or
by any condition of confinement.

8. Notification of kin of sick or dead inmate – Whenever an inmate is critically ill or

dies, the prison medical officer shall report the matter to the Superintendent who in turn
shall notify the inmate’s family by the fastest means of communication available.
9. Meals in hospital/clinic – Meals shall be served in prison hospital/clinic at the same
time that food is served to the other inmates, unless directed otherwise by the prison
 21
medical officer. Inmates assigned to work in the hospital/clinic shall be provided with
food rations coming from the General Kitchen.
10. Referral of inmate for outside medical consultation/treatment – An inmate who
needs medical treatment or examination that cannot be provided in the prison hospital
may be referred to a hospital/clinic outside the prison for the needed examination,
treatment or hospitalization. The expenses for the outside medical referral shall be borne
by the inmate. During said referral, the inmate shall be accompanied by a member of the
prison’s medical staff.
11. Medical certification – the outside medical examination, treatment or hospitalization
of an inmate shall support by a certificate of the prison medical officer or if there is none,
by a government physician, which shall specify the exact ailment of the inmate, the
treatment or examination required, the duration of the hospitalization that may be
required, and shall certify that the ailment cannot be properly attended to in the prison
hospital. Provided, that in the case of an NBP or CIW inmate, the request for outside
medical referral shall be forwarded by the Director to the Secretary for approval at least
one (1) day before the proposed referral.
12. Referral to government hospital – Unless absolutely necessary an inmate shall be
referred to a government clinic, hospital or institution for the required examination,
treatment or Hospitalization. If the referral is made to private institution, the expenses
incident thereto shall be borne by the inmate.
13. Outside referral for dental work – Except in emergency cases, no dental work or an
inmate shall be done outside the prison, and in cases restoration work, expenses shall be
borne by the inmate.
14. Donation of human organ; form of donation – The Director may authorize an
inmate to donate to a licensed physician, surgeon, known scientists or any medical or
scientific institution, including eye banks, and other similar institutions, any organ, part
or parts of his body and to utilize the same for medical, surgical or scientific purposes, of
said organ or body part or parts which for a legitimate reason, would be detached from
the body of the grantor, subject to the following conditions.
15. Disposition of cadaver of deceased inmate – Unless claimed by his family, the body
of an inmate who dies in prison may be turned over to an institution of learning or any
scientific research center designated by the Secretary, for the purpose of study and
investigation, provided that such institution shall provide a decent burial of the remains.
Otherwise, the Bureau shall order the burial of the body of the inmate at government
expense, granting permission to the members of the family and friends of the inmate to be
present thereat. If the body is claimed by the family, all expenses incident to the burial
shall be at the expense of the family. 16. Burial of convict. – In no case shall the burial of
a convict be held with pomp.
 22
17. Adult education - All illiterate inmates shall attend adult education classes. Literate
inmates may attend classes corresponding to their educational level.
18. Educational programs for inmates – A prison may offer any or all of the following
educational programs:
a. Elementary education
b. Secondary education program to prepare students to successfully pass the
required tertiary level qualification examination and to receive a regular
high school diploma. A student will have completed the program when all
the credits required for a regular high school diploma from an accredited
institution have been earned;
c. College education; and Vocational training.
19. Certificate of completion – The inmate shall be issued a certificate/diploma upon
successful completion of an educational program or course. The certificate shall form
part of this prison record.
20. Recreational and cultural activities – Recreational and cultural activities shall be
provided in all prisons for the benefits of the mental and physical health of the inmates.

4. UNDERSTAND, APPLY AND EVALUATE THE PRINCIPLES, MANAGEMENT,

PLANNING, AND DECISION-MAKING OF CRISIS AND INCIDENTS IN THE BJMP,
PROBINCIAL JAIL, BUCOR AND OTHER FACILITIES IN CASE OF RIOT, ESCAPE,
HOSTAGE, CONTRABANDS, FIRE, FOOD POISONING, FLOOD, EARTHQUAKE,
TYPHOON, AND OTHER CALAMITIES AND INCIDENTS.

I. REFERENCES:

1. BJMP Manual;
2. Presidential Decree No. 1566: Strengthening of the Philippine Disaster Control
Capabilities and the establishment of the national program on community disaster
preparedness;
3. Eight United Nations Congress on the Prevention of Crime and Treatment of
Offenders, Havana, Cuba, 27 August to 7 September 1990
 23
II. CONCEPT:

This is a comprehensive policy which prescribes the minimum standard that must
be met for managing critical incidents. This provides the necessary structure, as well as
determines the chain-of-command for an organized response to a critical incident.

III. PURPOSES:

This Policy aims to:

1. Establish a command system that will allow incident commander to effectively

apply standard management principles of planning, organizing, delegating,
coordinating, staffing and evaluate the control of crisis situations.
2. Ensure appropriate response to any critical incidents by instituting a pre-
planned set of actions that will be taken as necessary in response to a crisis
situation.

IV. SCOPE:

The provision of this policy shall take effect nationwide

IV. CONCEPT OF OPERATION:

A. Incident Command Post

1. The primary function of the Incident Command Post is the management of

the critical incident.
2. The Incident Commander shall activate the contingency plan, which
includes actions as documented on the checklist(s) for specific incidents.
All necessary checklists are located in the attached appendices.

B. Incident Commander Responsibilities

1. The Incident Commander shall respond according to five (5) level of
responses:

Level A - Initial Response

a. designate an employee to oversee the deployment of the inner perimeter. The

inner perimeter leader shall be the team “A” leader. The inner perimeter shall
monitor the perimeter of the incident to the extent possible to keep the
incident contained and provide the incident commander with information; and
b. designate an employee to oversee the deployment of the outer perimeter. The
outer perimeter leader shall be the team “B” leader and shall deploy the group
outside the inner perimeter to limit access of the unauthorized staff and
inmates in order to create a buffer zone between the affected area and rest of
 24
the facility. The outer perimeter may assist in the evacuation of staff and
uninvolved inmates or the detaining of involved inmates.
c. the size of the teams shall be determined by the incident commander during
the development of the contingency Plans.

Level B - Activation of the Quick Response Team (QRT)

The Incident Commander has the authority and discretion to respond
appropriately to a critical incident this includes decisions to authorize weapons
into the facility, initiate mutual aid call-up, and the use of force, including the use
of lethal force to control a disturbance and/ or a hostage situation. After an
evaluation of the critical incident, the Incident Commander may activate the
Quick Response Team (QRT).

Level C - Request Augmentation from the adjacent jail’s QRT

Whenever necessary, contact and request augmentation from Neighboring
jail Quick Response Team (QRT) shall be made.

Level D - Activation of the BJMP STAR Team

The Incident Commander has the authority to activate the Regional Office
Special Tactics and Response Team (STAR Team). Contact should be made to
the Regional Office Operation Section for activation of STAR team.

Level E - Request Augmentation from other Law Enforcement Agencies.

When the BJMP has exhausted all its effort and resources, request for
augmentation from the other Law Enforcement Agencies must be made.
Responding Law Enforcement Agencies shall respond according to its duties and
responsibilities provided in the inter-agency agreement during crisis situation.
Law Enforcement Agencies shall be furnished with an update copy of the
jail Contingency Plans subject to the approval of the Regional Office.

2. The Incident Commander shall designate an employee to assume specific duties during
a critical incident. If necessary, the following staff assignment are members of the
Command Staff:

a. the liaison Officer serves as the point of contact for other agencies;
b. the Jail manager is responsible for directing the operations of the non-affected
areas of the jail;
c. the Safety Officer’s Function is to develop and recommend measures for assuring
personnel safety, and to assess and/or anticipate hazardous and unsafe situations;
d. the recorder will develop and maintain an accurate and complete written record of
the actions and activities of the incident Commander;
e. the Public Information Officer (PIO) shall be responsible for entertaining the
media personalities and shall release information only upon the approval of the
Incident Commander.
 25
3. The Incident Commander may designate an employee to assume the duties of the
General Staff, if necessary; the following staff assignments are members of the General
Staff:

a. the Operations Section Chief is responsible for development and management of

the Operation Section. He/She ensures the implementation of the incident Action
plan.
b. the Planning Section Chief is responsible for development and management of the
Planning section. He/she is responsible for the development of the incident Action
Plan.
c. the Logistics Section Chief is responsible for development and management of
the Logistics section; and
d. the Finance/ Administration Section Chief is responsible for development and
management of the finance/ administration section.

4. In addition, the Incident Commander shall:

a. manages the critical incident and determine the immediate priorities;

b. establishes the incident objectives and approve the incident action plan;
c. activates and collapse the Command Staff and General Staff to meet the needs of
the incident. (General Staff Section Chiefs’, in turn, has the authority to expand
and collapse internally to meet the needs of the situation;
d. be responsible for any position and responsibilities not activated in the Command
Staff and General Staff section;
e. authorizes all media release;
f. release resources and approve requests for additional resources;
g. ensure safety measures are in place; and
h. order demobilization.

C. Chain of Command
1. The Highest-ranking jail officer present at the facility at the time of an incident
shall be the Incident Commander.
2. The Chain of Command in a critical incident at a jail facility shall be:
a. Jail Warden
b. Deputy Jail Warden
c. Duty OD
3. When necessary, the Regional Office may designate a trained incident
Commander to ensure effective control over the crisis situation.
4. A transfer of command shall not occur until a thorough briefing has been done
and all operation areas of the facility are notified of the transfer.

D. Notifications
1. After the confirmation of a critical incident, the Incident Commander shall ensure
that the Regional Office is notified immediately.
 26
2. The appropriate friendly forces shall also be notified. Depending on the
circumstances, this may include:
a. PNP;
b. BFP;
c. Neighboring communities via the Communication Alert Network (CAN).
E. The National Headquarters Office Responsibilities
The National Headquarters Office shall monitor all critical incidents and may, if
appropriate and necessary, provide direction, assistance and resource management to the
jail experiencing a critical incident.

F. The Regional Office Responsibilities the Regional Office shall:

a. provide notification and periodic updates to the BJMP National
Headquarters Office.
b. notify and/or activate the Regional Special tactics and Response (STAR)
Team, when necessary;
c. maintain communication with the affected family;
d. maintain and continuously log of information;
e. coordinate the release of information to the media at the National
Headquarters Office level through the Office of the Chief BJMP.
f. assess the need for staff and other logistical support from unaffected
neighboring jails;
g. ensure any necessary staff recalls are conducted;
h. develop/implement work and relief schedules for Regional Office staff
involved in assisting with critical incident;
i. if necessary, deploy management staff from adjacent jails to provide relief
to the Incident Commander and other specialized function personnel of the
jail;
j. assign personnel from Regional Office and/or unaffected jail to assist in
managing the demobilization of the affected jail;
k. provide legal advice through the Regional Office Chief Legal Service;
l. provide additional logistical Support, when necessary, monitor
deployment of resources and personnel and monitor associated costs;
m. review and approve demobilization plans; and
n. ensure critical Incident stress debriefings for involved staff are
schedule/conducted immediately after the resolution of the incident.

V. Specialized Teams
1. Special Tactics and Response (STAR) Team
a. Each BJMP Regional Office shall organize and maintain in at least one (1)
20-man STAR team, consisting of a weapons unit and a negotiations unit.
b. STAR-Weapons Unit shall be composed of 15 staff and a weapons unit
commander.
c. STAR-Negotiations unit shall be composed of primary negotiator,
secondary negotiator, intelligence negotiator and the negotiation unit
commander.
 27
d. The STAR team shall be equipped with the necessary gears and trainings
for any critical incidents.
e. Within the scope of the Incident Management System, STAR team
members shall be designated as part of the D Level response.

2. Quick Response Team (QRT)

a. Each jail shall establish a full-strength QRT with ten members, consisting
of a Weapons Unit and Negotiations Unit.
b. Weapons Unit shall be composed of 6 staff and weapons unit commander.
c. Negotiations Unit shall be composed of primary negotiator,
secondary/intelligence negotiator and the negotiations unit commander.
d. The Warden shall ensure that all QRT members have complete QRT
training prior to assignment and are qualified with all team weapons.
e. QRT members shall be re-qualified on all team weaponry annually.
f. Staff assigned to QRT must be drawn from on duty-personnel. Consistent
with desired response time and available staff, the warden may designate
adjacent jails QRT teams support each other, but only where such
designation is done consistently to avoid any confusion as to assignment
and response requirements.
g. At a minimum, the QRT commanders shall be familiarized with the
physical environment of the adjacent jails to which the team may provide
support.
h. A QRT who deploys from one jail to re-enforce an adjacent jail’s QRT,
shall draw their own weapons, ammunitions and equipment prior to
departing for the jail they are supporting. Positive controls shall be in
place to ensure accountability of these items while re-enforcing the other
jails.
i. The QRT shall arm themselves with only the authorized weapons,
munitions and necessary equipment.
j. QRT members shall be designated as part of the B Level response at the
beginning of each appropriate shift. QRT members from unaffected jail
may provide augmentation to other jails as part of the C Level response.
k. QRT members initially deployed as part of a spontaneous A Level
response should be relieved as soon as practical anticipation of a B Level
commitment.
l. The QRT-weapons unit commander shall be designated as QRT armorer
who shall ensure accountability of all weapons and equipment and be
familiar with accessing the armory(s) and all areas where security and
Critical Incident Management equipment is stored.
m. Jails that do not have enough personnel to compose a 10-man QRT may
create a 5-man QRT consisting of 3-man weapon unit, 1 negotiator and a
QRT commander.
 28
VI. Development of Contingency Plans

1. The Regional Office shall:

a. act as a resource/advisor to jail contingency plans. Conduct meetings as necessary
to ensure the dissemination of current information;
b. conduct one (1) major exercise and two (2) drills annually (at a minimum);
c. monitor, coordinate and evaluate jail facility exercise and drills; and
d. conduct unannounced drills at jail facilities.

2. Each Jail shall

a. develop and maintain critical incident management plans and must be updated as
necessary in accordance with the policy;
b. develop a notification and call-up system;
c. develop exercise and drill scenarios;
d. ensure the Facility Incident Command Post is properly equipped and all critical
incident plans stored there are accounted for and/or updated;
e. maintain the checklist and post orders which outline procedures of the various
support functions. Additional post orders may be developed to assist staff as
necessary.
f. include mobile phones and telephone numbers in the Command notifications
section;
g. predetermine sites for parking vehicles and mustering support staff.
h. predetermine an area (outside the facility perimeter) large enough to
accommodate the Special Teams, as well as staging of the emergency support
service area (i.e., inmate family service, staff family service area, media relations,
etc…).

3. Each jail must follow a single tactical approach, which is applicable to all or most
critical incident situations. The 5-steps tactical plan must be integrated as part of the
jail contingency plans. The 5-step tactical plan phases are reporting, containment,
mobilization, response, and recovery.

3.1 Reporting

a. An employee who encounters a critical incident situation shall report incident

to the warden or in his absence, to the next higher ranking officer present in the
facility prior to attempting to respond to the situation. The reporting employee
shall include the following information, if possible:

1. his/her name and location;

2. location of the incident;
3. nature of the incident;
4. number of inmates/ staff involved;
5. weapons involved; and
 29
6. any other necessary information.

b. If the report is received from an identifiable staff member and sufficiently

detailed, the facility critical incident plan can be immediately implemented. If,
however, verification is needed, the following can be done:

1. contact staff in close proximity to the area; or

2. the Warden/Incident Commander can dispatch immediately Response
Team A to scout or probe the area. The Warden/Incident Commander shall
not personally verify.

c. Staff shall use extreme caution when entering a potentially dangerous

area/situation to guard against an inmate setup; backup staff shall always
accompany the response team.
d. Once the critical incident is verified, the Incident Commander shall mobilize
the critical incident plan, initiate a log, announce command, and restrict
communication.

3.2 Containment
a. Once verified, isolation and containment of the critical incident are
essential in reducing the possibility of involvement of other areas or
additional inmates.
b. The Incident Commander shall activate the Immediate Response Teams
(teams A, B, etc…). When an incident is reported and assistance is needed,
these teams will be the initial response teams.
c. Every inmate shall be secured in his/her cell/housing unit. Those not in a
housing unit shall be placed in the nearest area providing adequate
security. All internal security posts shall be double-manned to the extent
possible.
d. A headcount of staff, visitors, volunteers and inmates shall be
e. initiated.

3.3 Mobilization
a. Notifications shall be made to Jail Administrative Staff, Regional Office,
National Headquarters Office, initiate staff callbacks and possible support
agencies.
b. Activate notifications of special teams and recall jail personnel, as
applicable.
c. Contingency plan shall be activated to deal with the critical incident.
d. Staff shall not fail to evacuate an inmate from a life threatening condition.
e. In a hostage situation or other kind of inmate disturbance, evacuation of
the area with the outer perimeter shall begin as soon as possible. However,
caution must be taken not to unjustifiably compromise the containment
security during this process.
 30

(1) Every inmate and non-involved staff be moved behind the lines of the
outer perimeter.
(2) Every individual in danger shall be evacuated:
(a) First priority shall be given to any individual inside the inner perimeter;
(b) Second, every individual in exposed areas to threats of any sort shall
be evacuated; then
(c) Individual(s) in more exposed areas but within the outer perimeter
shall be evacuated.
(3) An evacuee shall be held at a designated location for identification and
debriefing purposes. The intelligence Officer/designee shall debrief every
evacuee. An inmate evacuee shall be considered as a suspect until proven
otherwise.

f. Man-Made (Outside Assaults, fire, etc…) or natural Disasters (Earthquake,

Floods, etc…) may require the total or partial evacuation of a facility. To
address the needs, the Jail Operation Section shall develop evacuation Plans to
address on-site gradual, off-site immediate and off-site gradual evacuation
plans. Evacuation plans shall identify predetermined travel routes to off-site
locations, which shall be approved by the Regional Office Operations section.
Should the evacuation site not be the property of the bureau, written
agreements shall be secured, included in the facility critical incident plans and
be updated annually.
g. Defend in place tactics shall be employed in those critical incidents when
an imminent danger exists and evacuation is not possible or logistical support
cannot arrive in time to safely transport staff and inmates to a safer
environment. The Jail Operation section shall inspect the facility and identify
those areas suited to safely house inmates and protect staff.

3.4 Response
a. Response to every critical incident involves two different tactics and
strategies. However, during all critical incidents, staff actions shall be directed
from the Incident Command Post.
b. Special Critical Incidents Checklist, which may contain possible response
options for each specific type of critical incident, are attached in appendices.
c. The primary goal of the response step is to:
(1) Respond to violent or potentially violent critical incidents with
minimal necessary force;
(2) Continue to isolate and contain the incident operations;
(3) Establish control and restore order as quickly as possible;
(4) Prevent escapes during critical incident operations;
(5) Maintain the personal safety of staff, innocent bystanders
(visitors, volunteers, the public, inmates, etc…), inmates who may be
involved in or creating the critical incident; and
 31
(6) Minimize the impact of the critical incident on the rest of the facility
and the surrounding community.

3.5 Recovery
Once the critical incident is contained, a demobilization plan shall be drafted and
forwarded to the Regional Office for review/approval. The regional office shall
determine whether a sufficient number of management staff is present to properly
manage the demobilization process. The plan shall be activated when it has been
approved by the regional Director. The plan shall include, but not be limited to:
a. monitor staff and inmate interaction by specific management personnel,
including:
(1) Account for all staff, visitors and inmates, keys, tools, equipment;
(2) Restrain inmates;
(3) Search inmates, all areas, inmate property, preserve areas of crime
scene for and the collection and preservation of evidence;
(4) Escort inmates to a secure area;
(5) Separate inmates-involved versus non-involved;
(6) Place inmates in a secure area with the security measures in place;
(7) Transport involved inmates to other facilities; and
(8) Request PNP-SOCO assistance in the conduct of a crime scene
investigation.
b. evaluates the medical condition of staff and inmates;
c. inspects the physical plant, primarily security barriers, locking device and safety
issues;
d. debrief/defuse involved staff, reports, videotapes collected prior to being relieved from
critical incident;
e. interview/interrogate the inmates based on his/her known level of involvement;
f. monitors the critical incident stress management plan for staff, ensure mental health
practitioners are available and provided an assessment of involved staff;
g. record and videotape the demobilization process. Once the demobilization phase is
over, collect and submit all applicable documentation to the Regional Office;
h. develops a step-down plan to assist with the returning of the facility to normal
conditions;
i. ensures the accountability of those inmates transported to local hospitals for treatment
and those transferred to other facilities; and
j. demobilizes the Incident Command Post.
 32

NON-INSTITUTIONAL
CORRECTIONS

1. UNDERSTAND, ORGANIZE, AND APPLY THE PROCESSES OF THE PROBATION

SYSTEM FROM PETITION, INVESTIGATION, GRANT, DENIAL/DISQUALIFICATION,
SUPERVISION, MONITORING, VIOLATION OF THE CONDITION/S, CHANGES IN THE
CONDITION/S, SUSPENSION, REVOCATION, TRIAL, EARLY DISCHARGE, AND
RELEASE OF THE PROBATIONER, INCLUDING THE ROLE OF THE PROBATION
OFFICER, PROBATION AIDS, AND THE VICTIM/COMPLAINANT IN THE PROBATION
PROCESS.

What is correction
• Corrections that branch of the administration of justice charged with the
responsibility for the custody, supervision, and rehabilitation of convicted offenders.
Penology
• comes from the Greek word POENA, which mean pain or suffering.
• Study of punishment for crime or of criminal offenders.

DIFFERENCE BETWEEN JAIL AND PRISON

In the Philippines, there is a distinction between a “jail” and “prison”.
JAIL
• is defined as a place of confinement for inmates under investigation or undergoing
trial, or serving short-term sentences. It is differentiated from the term
PRISON
• which refers to the national prisons or penitentiaries managed and supervised by
the Bureau of Corrections, an agency under the Department of Justice.
 33

HISTORICAL PERSPECTIVE ON CORRECTION

13TH Century
• Securing Sanctuary in the 13th century a criminal could avoid punishment by
claiming refugee in a church for a period of 40 days, at the end of which time he is
compelled to leave the realm by a road or path assigned to him.
16th Century
• Transportation of criminals in England was authorized. At the end of the 16th
century Russia and other European countries followed this system. It partially relieved
overcrowding of prisons. Transportation was abandon in 1826.
17th Century to late 18th Century
• Death penalty became prevalent as a form of punishment.

GALLEYS
• long, low, narrow, single decked ships propelled by sails, usually rowed by criminals.
• a type of ship used for transportation of criminals in the 16th century
HULKS
• former warships used to house prisoners in the 18th and 19th century.
• abandoned warships converted into prisons, also called “FLOATING HELLS”.

PRIMARY SCHOOLS OF PENOLOGY

Classical School
• the doctrine of psychological hedonism or freewill.
Neo-Classical School
• children and lunatics must be free from punishment.
Positivist/Italian School
• denied individual responsibility and reflected on positive reactions to crime and
criminality.
 34
EARLY CODES
Code of Hammurabi (1760 B.C.)
• the one who devise the ultimate
Code of Ur-Nammu
• oldest code than hammurabi, Sumerian language.

Code of hittites
• Based on morality
Code of Kalantiaw
• promulgated in 1433 by Datu Kalantiao
Code of Draco
• a harsh code that provides the same punishment for both citizens and the slaves
Code of Solon
• Repealed the code of draco.
The Twelve Tables (XII Tabulae)
• represented the earliest codification of Roman law incorporated into the Justinian
Code.
Justinian Code
• written by Emperor Justinian of Rome in 6th C.A.D
Burgundian Code
• specified punishment according to the social class of offenders.

EARLY PRISONS
Mamertine Prison
• early Roman place of confinement which is built under the main sewer of Rome
in 64 B.C.
Bridewell Workhouse
• built in 1557 in London for the employment and housing of English prisoners.
Wallnut Street Jail
• first American Penitentiary.
 35

18THCENTURY THE AGE of ENLIGHTENMENT

• aka age of reason.
• Golden age of penology- The period from 1870 to 1880 was called the “Golden
Age of Penology”
• 18th century is a century of change, the period of recognizing human dignity.

PIONEERS
William Penn (1614-1718)
• first leader to prescribe imprisonment as correctional treatment for major
offenders.
• responsible for the abolition of death penalty and torture as a form of punishment
Charles Montesquieu (1689-1755)
• a French historian and philosopher who analyzed law as an expression of justice.
Francois Marie Aroet (Voltaire) (1694-1778)
• he believes that fear of shame was a deterrent to crime.
Cesare Bonesana Marchese de Beccaria (1737-1794)
• presented the humanistic goal of law.
Jeremy Bentham (1746-1832)
• the greatest leader in the reform of English Criminal Law. He believes that
whatever punishment designed to negate whatever pleasure or gain the criminal derives
from crime, the crime rate would go down.
• the one who devise the ultimate PANOPTICAL PRISON
John Howard (1726-1790)
• Sheriff of Bedfordshire in 1773 who devoted his life and fortune to prison reform.

FAMOUS CONTRIBUTORS TO THE REFORMATORY MOVEMENT

Manuel Montesimos
• who was the Director of the prisons of Valencia, Spain, in 1835, divided prisoners
into companies and appointed prisoners as petty officers in charge. Academic classes of
one hour a day were given all inmates under 20 years of age.
 36
Domets of France- FREDERIC AGUSTE DEMETZ
• established and agricultural colony for delinquent boys in 1839. The boys were
housed in cottages with house fathers as in charge. The system was based on reeducation
rather than force. When discharge the boys were place under the supervision of a patron.
Alexander Maconochie
• superintendent of penal colony at Norfolk Island in Australia, introduced a
progressive humane system to substitute for corporal punishment – THE MARK
SYSTEM.

2. UNDERSTAND, ORGANIZE, AND APPLY THE PROCESS OF THE PAROLE SYSTEM

FROM PETITION/REVIEW/EVALUATION OF THE INSTITUTION BJMP AND BUCOR,
INVESTIGATION, GRANT OF THE BOARD OF PARDONS AND PAROLE,
DENIAL/DISQUALIFICATIONS, THE PROCESS OF SUPERVISION AND MONITORING,
VIOLATION OF THE CONDITIONS/S, CHANGES IN THE CONDITION/S,
SUSPENSION, REVOCATION, ARREST OF THE PAROLEE, EARLY DISCHARGE, AND
RELEASE OF THE PAROLEE, INCLUDING THE ROLE OF THE PAROLE OFFICER, AND
THE VICTIM/COMPLAINANT IN THE PAROLE PROCESS.

CREATION OF PAROLE SYSTEM IN THE PHILIPPINES:

- It came into existence by the passage of Act 4103 as amended by Acts 4203 and 4225,
otherwise known as the Indeterminate Sentence Law, which took effect on Dec. 5,1933.
Board of Pardons and Parole – administers the Parole system of the country
DISTINCTION BETWEEN PAROLE & PROBATION
- These two concepts are sometimes used interchangeably, but there are substantial
differences between the two. Parole is a conditional release from actual confinement
under sentence of imprisonment, contingent upon future conduct with respect to terms of
parole, and the parolee is subject to future confinement for the un-served portion of
sentence in the event he violates provisions of parole. While probation relates to action
taken before prison door is closed, and before final conviction, parole relates to action
taken after the prison door has been closed, and partakes of the nature of pardon, for it
suspends execution of penalty already imposed. An order placing a defendant on
probation is not a final judgment, but is rather an "interlocutory judgment" in the nature
of a conditional order placing the defendant under the supervision of the court for his
reformation, to be followed by a final judgment of discharge, if the conditions of
probation are complied with, or by a final judgment of sentence if the conditions are
violated.
 37
Parole PROBATION
Administrative function exercised by the It is a judicial function exercise by the courts.
executive branch of the government
(executive
function)
Granted to a prisoner only after he has serve Granted to offender immediately after
the minimum of his sentence conviction
It is an extension of institutional. It is a It is substitute for imprisonment probation is
conditional release of a prisoner whereby he an alternative to imprisonment. Instead of
is placed under the supervision of a parole being confined in prison, the probationer is
officer after saving his minimum sentences released to the community by the court with
conditions to follow and is placed under the
supervision of PO
Granted by BPP Granted by the court
Parolee Probationer
Parolee supervised by parole officer Probationer supervise by probation officer
Parole is administered by the parole Board Probation is handled by the probation
Administration
Parole does not restores full civil rights to Probation is more beneficent because restores
parolee full civil rights to the probationer upon
termination unlike parole.
It is granted more than once, depending on Probation is enjoyed only once
good behaviour during imprisonment
Probation is a community-based approach to Convict must serve the minimum of his
reformation of offenders sentence before the grant.

DIFFERENCE BETWEEN PAROLE AND MANDATORY SUPERVISION

"Mandatory Supervision," is a practice whereby an inmate is released prior to the
completion of their sentence due to legal technicalities which oblige the offender justice
system to free them. In some states such as Texas, inmates are compensated with "good
time," which is counted towards time served. For example, if an inmate served five years
of a ten-year prison term, and also had five years of "good time," they will have
completed their sentence "on paper," obliging the state to release them unless deemed a
threat to society in writing by the parole board. Where parole is granted or denied at the
discretion of a parole board, mandatory supervision does not involve a decision making
process: one either qualifies for it or does not. Mandatory supervision tends to involve
stipulations that are more lenient than those of parole, and in some cases place no
obligations at all on the individual being released.
 38
ADVANTAGES AND DISADVANTAGES OF PAROLE
A. ADVANTAGES OF PAROLE
Parole is the release of a prisoner who agrees to certain conditions upon being released.
An advantage of parole is that it can be used to award prisoners for good behavior during
their sentence. One of the other advantages is the economy factors. Releasing prisoners
on parole can force them to get a job and no longer be a ward of the state. The money
from the prisoner’s job will then pay for state taxes and further help out the government.
Another advantage is the thought of parole can cause prisoners to serve their sentence
peacefully until they reach the point where they can be granted parole. This may lessen
the amount of prison fights and altercations with the guards. Parole is the early release of
convicts from prison, prior to the completion of their given sentence. Parole is issued
based on good behavior or the parole board's determination that the convict has been
sufficiently reformed to re-enter society. Therein lies its foremost advantage: the
provision of fresh opportunity and the chance to start anew for criminals. It is also
advantageous to the public to reduce the number of people incarcerated, which can cost
tens of thousands prisoner per year. Furthermore, reducing incarceration rates is
conducive to a free, democratic society.

B. DISADVANTAGE OF PAROLE
Parole involves the risk that the parolee may become a repeat offender (known as
recidivism in the criminal justice field). It also involves the risk that he won't, in fact, be
able to survive on his own upon release, and will fall victim to chronic unemployment,
homelessness, social maladjustment or substance abuse. Another disadvantage of parole
is that it frequently involves the continuation of involvement by the criminal justice
system (at a financial cost to the public and to the detriment of individual liberty) in the
parolee's life, because parole is often accompanied by monitoring for a certain period
thereafter.
PRISONERS QUALIFIED AND DISQUALIFIES FOR PAROLE
A. PRISONERS QUALIFIED
Unless otherwise disqualified under Sec. 15 of the rules, a prisoner shall be eligible for
the grant of parole upon showing that –
• He is confined in a jail or prison to serve an indeterminate prison sentence, the
maximum period of which exceeds one year, pursuant to a final judgment of
conviction; and that
• He has served the minimum period of said sentence less the good conduct time
allowances (GCTA) earned.
• There is a reasonable probability that if relearned he will become law-abiding;
and
• His release will not be incompatible with the interests and welfare of society.
 39
"RULE 2.1. ELIGIBILITY FOR REVIEW OF A PAROLE CASE - AN INMATE'S
CASE MAY BE ELIGIBLE FOR REVIEW BY THE BOARD PROVIDED:
1. Inmate is serving an indeterminate sentence the maximum period of which
exceeds one (1) year;
2. Inmate has served the minimum period of the indeterminate sentence;
3. Inmate's conviction is final and executor;
4. In case the inmate has one or more co-accused who had been convicted, the
director/warden concerned shall forward their prison records and
carpets/jackets at the same time.
5. Inmate has no pending criminal case; and
6. Inmate is serving sentence in the national penitentiary, unless the confinement
of said inmate in a municipal, city, district or provincial jail is justified.

PRISONERS DISQUALIFIED FOR PAROLE: (Section 2, Act no. 4103)

1. Those persons convicted of offenses punished with reclusion Perpetua;
2. Those convicted of treason, conspiracy or proposal to commit treason;
3. Those convicted of misprision of treason, rebellion, sedition or espionage;
4. Those convicted of piracy;
5. Those who are habitual delinquents;
6. Those who escaped from confinement or those who evaded sentence;
7. Those who were granted conditional pardon and violated any of the terms
thereof;
8. Those whose maximum term of imprisonment does not exceed 1 year or are
with a definite sentence;
9. Those suffering from any mental disorder as certified by a psychiatric report
of the bureau of correction or national center for mental health;
10. Those whose conviction is on appeal;
11. Those who have pending criminal case for an offense committed while
serving sentence.
12. Those convicted of offenses punished with reclusion Perpetua, or whose
sentences were
1. reduced to reclusion Perpetua by reason of Republic Act No. 9346 enacted on
June 24, 2006,
2. amending Republic Act No. 7659 dated January 1, 2004; and
13. Those convicted for violation of the laws on terrorism, plunder and
transnational crimes."
 40
BOARD OF PARDONS AND PAROLE
The Board of Pardons and Parole, created by virtue of Act No. 4103 (1933) known as the
Indeterminate Sentence Law, is an agency under the Department of Justice (DOJ) tasked
to uplift and redeem valuable human resources to economic usefulness and to prevent
unnecessary and excessive deprivation of personal liberty by way of parole or through
executive clemency. The Board undertakes the following:
1. Looks into the physical, mental and moral records of prisoners who are
eligible for parole or any form of executive clemency and determines the
proper time of release of such prisoners on parole;
2. Assists in the full rehabilitation of individuals on parole or those under
conditional pardon with parole conditions, by way of parole supervision; and,
3. Recommends to the President of the Philippines the grant of any form of
executive clemency to prisoners other than those entitled to parole.

The Board of Pardons and Parole administers the Parole system of the country.
A. COMPOSITION OF THE BOARDS OF PARDON AND PAROLE
Chairman - Secretary of the DOJ
Ex-Officio - Probation Administrator of the Parole and Probation Administrator
Members:
a. Sociologist
b. Clergyman/Educator
c. Psychiatrist
Person qualified for the work by training/experience and a member of the Philippine
BAR.
B. EXECUTIVE ORDER NO. 292 - ADMINISTRATIVE CODE OF 1987;
[BOOK IV/TITLE III/CHAPTER 6-BOARD OF PARDONS AND PAROLE]
CHAPTER 6
Board of Pardons and Parole
SECTION 17. Board of Pardons and Parole. —The Board of Pardons and Parole shall
continue to discharge the powers and functions as provided in existing law and such
additional functions as may be provided by law.
SECTION 18. Board Composition. —The Board shall be composed of the Secretary as
Chairman and six (6) members consisting of: The Administrator of the Parole and
Probation Administration as ex-officio member, a sociologist, a clergyman, an educator,
a person with training and experience in correction work, and a member of the Philippine
Bar; Provided, that one of them is a woman. The members of the Board shall be
 41
appointed by the President upon the recommendation of the Secretary and shall hold
office for a term of six (6) years, without prejudice to reappointment. In case of vacancy
by reason of death, incapacity, resignation or removal of any of the Board members, the
Secretary shall have the authority to designate a temporary member possessing the
qualifications of his predecessor and to serve out his unexpired term or until the President
shall have appointed a regular member to fill the vacancy.
SECTION 19. Executive Director and Board Secretary; Support Staff. —In the
performance of his duties as Chairman of the Board of Pardons and Parole, the Secretary
shall be assisted by a staff headed by the Executive Director who is at the same time the
Secretary of the Board. The Executive Director shall be appointed by the President upon
the recommendation of the Secretary. The Executive Director shall receive a monthly
salary of thirteen thousand five hundred pesos. The Board Secretary shall prepare and
keep the minutes of all the board sessions in a book of records kept for the purpose, as
well as all the resolutions and recommendations of the Board on all actions involving
parole, pardons and executive clemency to the President; authenticate and/or attest all
minutes, resolutions and recommendations of the Board; prepare and serve all notices of
board meetings or sessions to the members of the Board; prepare an annual report of all
resolutions and recommendations for parole or executive clemency and other reports that
the Department may require. He shall also perform such other functions as the Board may
from time to time assign to him.
SECTION 20. Board Meetings. —The Board shall meet regularly every week, or as the
Board may direct, or upon call by the Chairman/Secretary. The members shall act only as
a Board, and every decision of the majority shall be valid as an act of the Board provided,
that the Board may direct a Board member to prepare and submit a report involving any
application for parole, pardon or any request for executive clemency for appropriate
action by the Board.
SECTION 21. Board Rules and Regulations. —The Board is hereby authorized to
establish and prescribe, subject to the approval of the Secretary, rules and regulations to
govern the proceedings of the Board.
SECTION 22. Indeterminate Sentence Law. —The provisions of Act No. 4103,
otherwise known as the Indeterminate Sentence Law, as amended, shall continue to apply
except as otherwise amended, modified or repealed by this Code.
 42

3. UNDERSTAND, USE, AND EVALUATE THE FORMS OF CLEMENCY SUCH AS BUT NOT
LIMITED TO: EXEVUTIVE CLEMENCY – PARDON, ABSOLUTE AND CONDITIONAL,
COMMUTATION OF SENTENCE, AND REPRIEVE; OTHER RELEVANT REMEDIES
GRANTED BY THE COURT; OTHER CLEMENCY SUCH AS DESCRIMINALIZING
CERTAIN CRIMINAL ACTS, REPEALED PENAL/CRIMINAL LAWS; AND AMNESTY.
INLUDING THE PROCESSES AND PROCEDURES OF THE GRANT
DENIAL/DISQUALIFICATIONS, PROCESS OF SUPERVISION AND MONITORING,
VIOLATION OF THE CONDITION/S, CHANGES IN THE CONDITION/S, SUSPENSION,
REVOCATION, ARREST OF THE GRANTEE, EARLY DISCHARGE, AND RELEASE OF
GRANTEE

EXECUTIVE CLEMENCY
It shall refer to Absolute Pardon, Conditional Pardon with or without Parole conditions
and Commutation of Sentence as may be granted by the President of the Philippines upon
the recommendation of the Board of Pardon and Parole.

A. PARDON It is a form of executive clemency granted by the President of the

Philippines as a privilege to a convict as a discretionary act of grace. It is an act of grace
is extended to prisoners as a matter of right, vested to the Chief Executive (The President)
as a matter of power. Neither the legislative nor the judiciary branch of the government
has the power to set conditions or establish procedures for the exercise of this Presidential
prerogative. The following are the two types of pardon:

1. ABSOLUTE PARDON - It refers to the total extinction of the criminal liability of the
individual to whom it is granted without any condition whatsoever and restores to the
individual his civil rights and remits the penalty imposed for the particular offense of
which he was convicted.
Purpose:
a. To right a wrong
b. To normalize a tumultuous political situation.
 43
ABSOLUTE PARDON is also granted by a President to an imprisoned president the
incumbent has deposed. Absolute Pardon is granted in order to restore full political and
civil rights to convicted persons who have already served their sentenced and have
reached the prescribed period for the grant of Absolute Pardon.

2. CONDITIONAL PARDON - It refers to the exemption of an individual, within

certain limits or conditions; from the punishment that the law inflicts for the offense he
has committed resulting in the partial extinction of his criminal liability.
It is also granted by the President of the Philippines to release an inmate who has been
reformed but is not eligible to be released on parole.

B. AMNESTY - A general pardon extended to a group of persons, such a political

offender purposely to bring about the return of dissidents to their home and to restore
peace and order in the community.

C. COMMUTATION OF SENTENCE - An act of the president changing/ reducing a

heavier sentence to a lighter one or a longer term into a shorter term. It may alter death
sentence to life sentence or life sentence to a term of years. It does not forgive the
offender but merely to reduce the penalty pronounce by the court.

D. REPRIEVE - A temporary stay of the execution of sentence especially the execution

of the death sentence. Generally, Reprieve is extended to prisoners sentenced to death.
The date of execution of sentenced is set back several days to enable the Chief to study
the petition of the condemned man for commutation of sentenced or pardon.

4. UNDERSTAND, AND APPLY THE RELEVANT PROVISIONS OF THE LAW ON PDLS

PREVENTIVE IMPRISONMENT, ALLOWANCE FOR GOOD CONDUCT, AND SPECIAL
TIME FOR LOYALTY. INCLUDING ITS PROCESS AND GRANT OF TIME ALLOWANCE,
QUALIFICATION/DISQUALIFICATION/CANCELLATION/REVOCATION OF THE
GRANT, AND THE RELATED PROVISIONS OF THE EXTINCTION OF CRIMINAL
LIABILITY BOTH TOTAL AND PARTIAL.
 44
EXECUTIVE CLEMENCY
WHAT IS EXECUTIVE CLEMENCY?
It shall refer to Absolute Pardon, Conditional Pardon with or without Parole conditions
and Commutation of Sentence as may be granted by the President of the Philippines upon
the recommendation of the Board of Pardon and Parole. It is an act of mercy or leniency
from certain consequences of a criminal conviction, and is exercised by the President
after receipt of a recommendation from the BPP. Executive Clemency under the criminal
justice system is the act by an executive member of government of extending mercy to a
convicted individual. In the United States, clemency is granted by a governor for state
crimes and by a president for federal crimes. Clemency can take one of four forms: a
reprieve, a commutation of sentence, a pardon and amnesty.
WHO WILL GRANT EXECUTIVE CLEMECY?
It is exercise by the President. Upon the recommendation of the Board of Pardons and
Parole, s/he can grant pardons, commute sentences, or defer the implementation of
sentences.
PARDON
WHAT IS PARDON?
It is a form of executive clemency granted by the President of the Philippines as a
privilege to a convict as a discretionary act of grace. A pardon is the remission of a
penalty. It is an act of grace or forgiveness that relieves the person pardoned from some
or all of the ramifications of lawful punishment. A pardon may be conditional or
unconditional. Pardons do not erase or seal a conviction; a pardon forgives guilt. It vested
to the Chief Executive (The President) as a matter of power. Pardon is “an act of grace,
proceeding from the power entrusted with the execution of the laws, which exempts the
individual, on whom it is bestowed, from the punishment the law inflicts for a crime he
has committed. It is the private, though official act of the executive magistrate, delivered
to the individual for whose benefit it is intended, and not communicated officially to the
Court. A pardon is a deed, to the validity of which delivery is essential, and delivery is
not complete without acceptance.” Neither the legislative nor the judiciary branch of the
government has the power to set conditions or establish procedures for the exercise of
this Presidential prerogative. When a pardon is granted, the convicted offender is
forgiven the crime and its penalty. A head of state or government generally grants it when
the convicted individual has fulfilled his or her debt to society or is somehow otherwise
worthy of being forgiven the crime. A pardon does not erase the conviction, but it can in
some jurisdictions remove some of the disqualifications caused by it.
TWO TYPES OF PARDON
1. Absolute Pardon-It refers to the total extinction of the criminal liability of the
individual to whom it is granted without any condition whatsoever and restores to the
individual his civil rights and remits the penalty imposed for the particular offense of
which he was convicted.
 45
PURPOSE:
1. To right a wrong
2. To normalize a tumultuous political situation.
Absolute Pardon is also granted by a President to an imprisoned president the incumbent
has deposed. Absolute Pardon is granted in order to restore full political and civil rights
to convicted persons who have already served their sentenced and have reached the
prescribed period for the grant of Absolute Pardon.
2. Conditional Pardon-It refers to the exemption of an individual, within certain limits
or conditions; from the punishment that the law inflicts for the offenses he has committed
resulting in the partial extinction of his criminal liability. It is also granted by the
President of the Philippines to release an inmate who has been reformed but is not
eligible to be released on parole.
AMNESTY
WHAT IS AMNESTY?
A general pardon extended to a group of persons, such a political offender purposely to
bring about the return of dissidents to their home and to restore peace and order in the
community. It Is generally exercised by the Chief Executive with the concurrence of
congress. It is an act of sovereign power granting oblivion or general pardon for past
offense and rarely, if ever, exercised in favor of single individual is usually exerted in
behalf of certain classes of person who are subjected to trial but not have been convicted.
COMMUTATION OF SENTENCE WHAT IS COMMUTATION OF SENTENCE?
The act of the president changing, reducing or mitigating a heavier sentence to a lighter
one or a longer term into a shorter term. It may alter death sentence to life sentence or life
sentence to a term of years. It does not forgive the offender but merely to reduce the
penalty pronounce by the court. It is a change of the decision of the court made by the
Chief Executive by reducing the degree of the penalty inflicted upon the convict, or by
decreasing the length of the imprisonment of the original sentence. A commutation of
sentence takes place when the sentence,