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Learning Objectives

Understand and defined the


meaning of institutional correction
Know the goals of penal science
Understand the role of each of the
pillars in the Philippines criminal
Justice system
 also referred to as penology or penal science
Penology – is the division of criminology that focuses
on the philosophy and practices of society in its efforts
to repress criminal activities.
Latin word POENA that means pain or suffering.
It is the branch of the administration of criminal
justice, charge with the custody , supervision, and
rehabilitation of a convicted offender.
A responsibility of the Bureau of Correction, which is
under the Department of Justice.
A. Pro Reo Principle
“ it is basic rule in the statutory
construction of criminal laws that in case of
doubt, it should be resolved in favor of the
accused.
Literally, in dubio pro reo means, “ when
in doubt , then rule for the accused”
 First appeared in the roman legal system
in the work of IGIDIO Bossi in 1566.
Closely related to the in dubio pro
reo principle is the Rule of
Lenity. This rule applies when the
court is faced with two possible
interpretations of penal statute.
The basis for the use of the term is given on
the condition of the existence of a
presumption of innocence, which means if
there is more than one interpretation of the
law , then the one that should be chosen is
that which is favorable to the accused.
The rule of lenity calls for the adoption of an
interpretation which is more lenient to the
accused.

People of the Philippines vs. Temporada


G.R. No. 173473 promulgated on December 17,
2008.
B. Nullum crimen, nulla poena sine lege. There is
no crime when there is no law punishing such crime.
COMMOM LAW - generally un-codified. This
means that there is no comprehensive compilation of
legal rules and statutes. It is largely based on
precedent, meaning the judicial decisions that have
already been made in similar cases.
CIVIL LAW – is codified. Countries with civil law
systems have comprehensive , continuously updated
legal codes that specify all matters capable of being
brought before a court, the applicable procedure , and
the appropriate punishment for each offenses.
c. Actus non facit reum, nisi mens sit rea
- the at cannot be criminal where the
mind is not criminal.

dolo- ( with malice or deliberate intent)


culpa- ( without criminal intent .
A. Classical or Juristic Philosophy
Penalty is Retribution
the offender is punished or made to suffer for the wrong he has done. The
law does not look into the human element or why the offender committed the crime .
B. Positivist or Realistic Philosophy
The purpose of penalty in reformation
there is great respect for the human element and no offender is regarded as
a natural –born criminal .
C. Eclectic or Mix Philosophy
This combine of both positivist and classical thinking. Crimes that are economic and
social by nature should be dealt with in a positivist manner: thus , the law should be more
compassionate.
 1. to protect individuals and society
 2. to produce by bringing offender to justice
 3. to ensure the security of the people
1. Legislative – tasked with creating defining crimes,
determining sentences, and providing funding for
criminal justice agencies.
2. Court – handle adjudication or trial process
3. Correction – cover probation , parole , jail, prison
and a variety of new community –based sanctions,
such as electronic monitoring and house arrest. The
purposes of correctional agencies are to punish , to
rehabilitate; and to ensure public safety.
The government mechanism for crime prevention has five pillars. Each one has its own
control methods to contributed to crime prevention.
Law enforcement – its function is to conduct investigation on the alleged crime committed
by a person; to arrest or detain violators of the penal law or an ordinance; to effect the
warrant issued by the court, and to assist the complainant to file a case.
Prosecution - this refer to the evaluation of the findings of the police submitted to their
office.
Court - Conduct cross- examination of the witness before the issuance of the warrant,
conduct arraignment and hold trial before giving final decision on the case.
Correction – Considered the weakest component of the criminal justice system. Its function
is to reform the convicted offender through the rehabilitation program inside the correction.
Community – helps and coordinates the program of the government specifically on the
maintenance of peace and order.
Objective :
understand the general concept and
principle of punishment
comprehend the various purposes of
punishment
enumerate the different classification
Punishment , in a primeval sense , is the infliction of some
sort of pain on the offender for violating the law.

In legal sense, it refers to individual redress, or personal


revenge.
Therefore, punishment defined as the system of redress that
the state against the offending member.
Punishment is also the infliction or imposition of a penalty as
a form of retribution for an offense,
1. Death penalty was carries out by hanging , immersing in
boiling water, burning and feeding offenders to wild animals.
2. Corporal punishment entailed inflicting offenders with such
penalties as mutilation, disfiguration, flogging and maiming.
3. Public humiliation subjected an offender to being shamed by
shaving off their hair and branding them.
4. Banishment involved transporting offenders to barren ,
newly discovered territory and banning them from re-entering
their homeland.
1. Iron- maiden- a box –
like device with the front
half hinged like door so
that a person could be
placed inside ; when the
door was shut ,
protruding spikes both
back and front pierced
the body of the victim .
2. The Rack – one of the most
painful form of Medieval torture, the
rack consisted of a large rectangular
wooden frame, with a roller at one or
both ends. Victims was positioned
on the frame , his ankles were
fastened to one roller and the wrists
to the other. As the interrogation
process progressed, a handle
attached to the top roller was used
to gradually stretch the limbs away
from the body, resulting in
excruciating pain.
3. The Scavenger’s Daughter
was a A-frame-shape metal rack to
which the head was strapped to
the top point of the A, the hands
at the mid-point and the legs at
the lower spread ends, swinging
the head down and forcing the
knees up in a sitting position so
compressed the body as to force
the blood for the nose and ears.
 1. DETERRENCE –. It is a thing that discourages or
intended to discourage someone from something . It is
based on the belief that the offender, when punished and
inflicted with suffering , would learn the lesson the hard
way. It serves as a warning to others that crime does not
pay and violating the law has its consequences.
 2. GENERAL DETERRENCE – the state tries to convince
potential criminals that the punishment they face will
certain , swift , and severe so that they will be afraid to
commit an offense.
3. SPECIFIC DETERRENCE – this involves
convincing offenders that the pains of
punishment are greater than the benefits of
crime sot hey will not repeat their criminal act.
4. INCAPACITATION – if dangerous criminals
are kept behind bars, they will not be able to
repeat their illegal activities.
 5. RETREBUTION – a punishment should be no more no
less than what the offender’s actions deserve, and must
be based on how blameworthy the person is. It is also
refers to punishment inflicted on someone as vengeance
for a wrong or criminal act.
 6. RESTITUTION – Convicted criminals must pay back
their victims for their loss; the justice system for the cost
of processing their case; and the society for any
disruption they may have caused.
 7. REHABILITATION -if the proper treatment is applied
, an offender will present no further treat to society. It
also refers to restoring someone’s health or normal life
by training and therapy after imprisonment, addiction or
illness
 8. RECOGNIZANCE – a bond by which a person
undertakes before a court to observe some conditions,
especially to appear when summoned.
 9. ATONEMENT OR EXPIATION – wherein the
penalty is commensurate with the gravity of the
offense based on the norms observed by the
members of the society.
 10. PROTECTION – this has been regarded as a
form of social defense because members of society
would gain protection by putting criminals behind
bars.
 10. REFORMATION – it operates by attempting to
reform and rehabilitate law validators, allowing
them to return to the community as responsible
and productive members of society.
 Art. 25 of the Revised Penal Code (Act No. 3815 as amended)

AFFLICTIVE
PENALTIES
a. Reclusion Perpetua
CORRECTION PENALTIES
b. Reclusion temporal
PENALTIES COMMON TO THE
c. Perpetual or
a. Prison LIGHT PENALTIES THREE
CAPITAL Temporary
Correctional a. Arresto Menor PRECEDING
PUNISHMENT absolute
a. Death b. Arresto Mayor b. Public Censure CLASSES
Disqualification
c. Suspension a. Fine
d. Perpetual or
d. Distierro b. Bond to keep
Temporary Special
the peace.
disqualification
e. Prison mayor
Learning Objective
at the end of this chapter , the student will be able to:
 learn other means of punishment outside of
incarceration
Understand why alternative to incarceration are
needed
Know how criminal liability may be totally or
partially extinguished
Major issues related to institutional corrections currently
beset many countries in the Asia Pacific region today.
Foremost of these is overcrowding of facilities.
The fact remains that there are more people being
sentenced to imprisonment but there are not enough prison
facilities. The increasing number of people being admitted
to prison may be the result of increase in crime, intensive
war on drugs, effective police operation and tougher
prosecution.
To alleviate the problem of overcrowding, more alternatives
to incarcerations must be looked into. Imprisonment may
be considered as a last resort for first-time offenders and a
must only for habitual or professional criminals.
In the United Kingdom and in the US, many non-custodial measures or
alternatives to imprisonment have been widely used, the details of which
are as follows:

1. Absolute and Conditional Discharge. Discharges are given for the least
serious offenses It could be an absolute discharge, which means no
punishment will be imposed because the experience of going to court
has been punishment enough. However, the offender still gets a criminal
record.
2. Binding Over. The court may order a defendant to be placed in custody
pending the outcome of a proceedings against him or her. Binding over
means holding a person for trial on bond (bail) or in jail. If the judicial
official who conducts a hearing finds probable cause to believe that the
accused committed a crime, then the official will bind over the accused,
normally by setting bail or a fixed amount of money for the appearance
of the accused at trial. The bail will be forfeited in case the accused does
not come to court on the appointment.
 3 Fines. Fines are a common punishment for a variety of
crimes, especially less serious offenses committed by first-
time offenders. In more serious offenses or where the
defendant has a criminal record, many judges combine a
fine with other punishments, such as incarceration,
community service, and probation.
 4. Probation. Under this measure, the offenders will be
released but they have to follow the conditions fixed by the
court and must be under the supervision of the supervision
officers for not less than one year and not more than three
years. Possible conditions include abstaining from
excessive use of alcohol or any drugs, refraining from travel
outside of jurisdiction without prior permission from
probation officer, and obeying all laws.
5. Suspension of sentence of imprisonment. This means
suspending or putting prison time on hold provided the
defendant complies with certain other obligations .If the
prosecution or probation department can convince a judge that
the defendant violated the condition that led to the sentence
being suspended in the first place, the judge has authority to
order the defendant to serve the original sentence.
6. Committal to the care of a fit person. In case the offender
is less than 17 years, the court may commit him to the care of a
person , who is deem fit until he turns 18 years old. The
objective is to keep him away from the bad environment that
contributed to his wrongdoing.
7. Remission or release on license or parole. Remission is the reduction
of the term of a prison sentence, usually due to good behavior or conduct.
Release on license means that prisoners may be released at the halfway-
point of their fixed sentence and spend the remaining part of the sentence
'on license, during which, they must follow strict conditions. Parole refers
to the release of convicted criminals after serving a portion of their
sentence, provided they are sufficiently rehabilitated and do not pose a
threat to society. These forms of temporary release allow offenders to re-
integrate into society and rebuild family ties.
8. Community service. This measure usually involves rendering unpaid
labor by the offender with assignments ranging from cleaning roadsides or
performing lawn maintenance on government facilities, to janitorial works
in the churches or schools, to building parks and playgrounds, repairing
public housing and serving as volunteer in a hospital or rehab center. The
community benefits from the free labor, and the city government saves
money by not having to jail some offenders.
 9. House arrest, home confinement or home detention. This measure
requires the offender to remain within the confines of the home during
the specified times and to adhere to a strict curfew. Additional conditions,
such as restrictions on visitors and the prohibitions of drugs and alcohol
use may also be stipulated. The offender is normally allowed to leave only
for work and reasons such as grocery shopping, community service
assignment and doctor's appointments. In progressive countries, the
success of house arrest programs has been enhanced by the use of
electronic monitoring devices, directed toward the offenders whereabouts.
 10. Day Reporting Centers. These are non-residential locations, which
offenders must visit daily to participate in program activities and to work
out a schedule detailing their activities outside the center. Offenders are
also required to maintain frequent phone communications with centers'
staff and to submit to random drug and alcohol testing.
11.Residential Community Corrections. These
include halfway houses, pre-release centers, community
works treatment centers and restitution centers.
Residents may live either part time or full time at such
centers, depending on conditions set forth by the court.
These types of centers may be used as an alternative to
sending an offender to jail or may be a transnational
stop for offenders just released from incarceration, to
determine if they are ready to return to society.
 Criminal liability may be extinguished either totally or partially
A. Total Extinction of Criminal Liability means that the entire penalty is
extinguished, and there is no more criminal liability. Under Article 89 of the
Revised Penal Code (Act no. 3815 as amended) criminal liability is totally
extinguished:
1. By death of the convict. When an offender dies, his criminal liability is
extinguished, but his civil liability subsists, unless death occurs before final
judgment.
This means that the offender has been imprisoned or deprived of liberties
for
2. By service of sentence. a period prescribed by law. Although, the
offender has served his sentence, this does not extinguish civil liability.
3. By amnesty, which completely extinguishes the penalty in all
effects. Amnesty is the act of the sovereign power granting oblivion or a
general pardon for a past offense to a group or class of people, and
rarely to an individual. Although amnesty extinguishes criminal liability
and all its effects, it does not extinguish civil liability.
4. By absolute pardon. Absolute pardon is an act of grace
proceeding from the power entrusted with the execution of the laws,
which exempts the convicted individual from the punishment the law
inflicts for the crime he has committed.
5. By prescription of the crimes. This' refers to the loss of the
right of the State to prosecute after the lapse of a certain period. The
period for the prescription will start from the day the crime is discovered
by the offended party or authorities, and is interrupted if an information
or complaint is filed, and will run again when the proceedings terminate,
without acquittal or conviction or is unjustifiably stopped through no
fault of the offender.
6. By prescription of penalty. This refers to the loss of the right
of the State to execute the final sentence after the lapse of a
certain time. The period of prescription of penalties runs from
the date when the offender evaded the service of his sentence,
and is interrupted if the defendant voluntarily gives up, or is
captured, or should go to some foreign country with which the
Philippines has no extradition treaty, or commits another crime
before the end of the period to prescribe.
7. By marriage of the offended woman, as provided in Article 344
of the Revised Penal Code. Marriage of the offender with the
offended woman after the commission of any of the crimes of
rape, seduction, abduction or acts of lasciviousness, as provided
in Article 344, must be contracted by the offender in good faith.
Hence marriage contracted only to void criminal liability is
devoid of legal effects.
 Justifying circumstances are instances where a
person acts in accordance with law, so that person
is deemed not to have violated the law, and
therefore has no criminal and civil liability. For a
justifying circumstance to be accepted, it must be
pleaded and proven in court,
 The justifying circumstances are:
1. Self-defense: Anyone who acts in defense of his person or rights. (Art. 11, Par. 1) The
scope included self- defense not only of life, but also of rights like those of chastity,
property, and honor. It has also been applied to the crime of libel.
2. Defense of relative: Anyone who acts in defense of the person or rights of his spouses,
ascendants, descendants, or legitimate or adopted brothers or sisters, or of his relatives by
affinity in the same degrees, and those by consanguinity within the fourth civil degree, and
in case the provocation was given by the person attacked, that the one making the defense
had no part therein. (Art. 11, Par. 2)
3. Defense of strangers: Anyone who acts in defense of the person or rights of a stranger
and that the person defending be not induced by revenge, resentment, or other evil motive.
(Art. 11, Par. 3)
4. Fulfillment of duty any person who acts in the fulfillment of a duty or in the lawful
exercise of a right or office. (Art. 11, Par. 5) The injury caused or the offense committed is
the necessary consequence of the due performance of such right or office.
5. Obedience to superior order: Any person who acts in obedience to an order issued by a
superior for some lawful purpose. (Art. 11, Par. 6)
 Prescription of Crimes is the forfeiture or the loss of the right or
the State to prosecute the offender after the lapse of a certain
period of time fixed by law. (Article 90, Revised Penal Code)
 The period of prescription for the prosecution of a crime or a
violation of city ordinances and special laws, shall depend on
the duration of the penalty meted out by the law for such
violation.
 1. Crimes punishable by death, reclusion Perpetua
or reclusion temporal, shall prescribe in twenty
years.
 2. Crimes punishable by other afflictive penalties
shall prescribe in fifteen years.
 3. Those punishable by a correctional penalty shall
prescribe in five years; with the exception of those
punishable by arresto mayor, which shall prescribe
in five years.
 4. The crime of libel shall be prescribe in one year.
 5. The offenses of oral defamation and slander by
deed shall prescribe in six months.
 6. Light offenses shall prescribe in two months.
 7. When the penalty prescribed by law is a
compound one, the highest penalty shall be made
the basis of the application of the rules contained
in the first, second, and the third paragraphs of
this article (as amended by R. A. 4661)
Computation of prescription of offenses
(Under Article 91 of the PRC) The period of
prescription shall commence to run from the day on
which the crime is discovered by the offended party,
the authorities, or their agents, and shall be
interrupted by the filing of the complaint or
information, and shall commence to run again when
such proceedings terminate without the accused
being convicted or acquitted, or are unjustifiably
stopped for any reason not imputable to him.
 Prescription of Penalties (Under Article 92 of the
RPC) The penalties imposed by final sentence shall
prescribe as follows:
1. Death and reclusion Perpetua, in twenty years.
2 Other afflictive penalties, fifteen years.
3. Correctional penalties, ten years, with the exception of
the penalty of arresto mayo, which prescribe in five
years;
4. Light penalties, in one year.
Computation of the prescription of penalties
(Under Article 93 of the RPC) The period of
prescription of penalties shall commence to run
from the date when the culprit should evade the
service of his sentence, and it shall be interrupted
if the defendant should give himself up, be
captured, should go to some foreign country with
which this government has no extradition treaty,
or should commit anothercrime before the
expiration of the period of prescription.
B. Partial extinction of criminal liability (Under Article 94 of
the RPC) Criminal liability is extinguished partially:
1. By conditional pardon;
2. By commutation of sentence; and
3. For good conduct allowances, which the culprit may
earn while he is undergoing preventive imprisonment or
serving his sentence (as amended by R.A. No 10592).
 These refer to the circumstances for non-immutability or those grounds
for exemption from punishment, because there is wanting in the agent of
the crime any of the conditions that make the act voluntary, or negligent.
1. Basis: The exemption from punishment is based on the lack of
any of the elements that make the act/omission voluntary, i.e., freedom,
intelligence, intent or due care.
2. Obligation incurred by a person granted conditional pardon:
Any person who has been granted conditional pardon: pardon shall incur
the obligation of complying strictly with the condition imposed therein,
otherwise, his non- compliance with any of the conditions specified shall
result in the revocation of the pardon and the provision of Article 159 of
the RPC shall be applied to him.
3. Effect of commutation of sentence: The commutation of the
original sentence for another of a different length and nature shall have
the legal effect of substituting the latter in the place of the former (Article
96 of the RPC).
4. Exemptions from punishment: In the Philippines as well as in
most countries of the modern world, the state recognizes several
circumstances in which a person who has transgressed the law would not
suffer its consequences. These circumstances are minority of age, absence
of intelligence, absence of freedom of action, or absence of penal code. A
person to be criminally liable must act with malice or negligence.
5. Effect of pardon by the offended party (Article 23 of thee RPC) As a
rule, a pardon by the offended party does not extinguish criminal action,
except as provided under Article 344 of the RPC.
LEARNING OBJECTIVES
AT THE END OF THIS CHAPTER, THE STUDENT WILL BE ABLE TO:

• UNDERSTAND THE ROLE OF THE BUREAU OF CORRECTIONS


IN THE PHILIPPINE JUSTICE SYSTEM;
• KNOW HOW THE PRESENT BUREAU OF CORRECTIONS
EVOLVED; AND
• UNDERSTAND THE REFORMATION PROGRAMS UNDERTAKEN
BY THE BUREAU.
• The Bureau of Corrections (BuCor) is an agency of the department of justice
that is charged with the custody and rehabilitation of national offenders, who
have been sentenced to three years of imprisonment or more. The bureau is
under the executive branch of the government and under the umbrella of the
Department of Justice. it is headed by the Director of prisons.
• It was formerly called the "bureau of prisons" from 1905 to 1989 and now has
its headquarters in the New Bilibid Prison reservation in Muntinlupa city. It has
2,862 employees, 61% of whom are custodial officers, 33% are administrative
personnel, and 6% are members of the medical staff.
THE BUCOR MISSION
• The Bureau has a twofold mission:
(1)maximizing the assets value to the BuCor to effectively pursue
its responsibility in safely securing and transforming national
prisoners through responsive rehabilitation programs managed
by professional correctional officers, and
(2)(2) mandating the principal task of rehabilitating national
prisoners.
BUCOR MANDATES
• Under Section 4 of Republic Act no. 10575, the Bureau of Correction shall be
in charge of safekeeping and instituting reformation programs to national
inmates sentenced to more than three years.
A. SAFEKEEPING OF NATIONAL INMATES. The safekeeping of
inmates shall include decent provision of quarters, food, water, and clothing in
compliance with established united nations standards. The security of the
inmates shall be undertaken by the custodial force consisting of corrections
officers with a ranking system and salary grades similar to its counterpart in the
BJMP.
BUCOR MANDATES
B. REFORMATION OF NATIONAL INMATES. the reformation
programs, which will be instituted by the BUCOR for the inmates, shall be
the following:
• 1) Moral and spiritual programs;
• 2) Education and training programs
• 3) Work and livelihood programs;
• 4) Sports and recreation programs;
• 5) Health and welfare programs; and
• 6) Behavior modification program, to include therapeutic communities.
BUCOR MANDATES
• C. THE REFORMATION PROGRAMS shall be undertaken by professional
reformation personnel consisting of corrections technical officers with ranking system
and salary grades similar to corrections officers.
1) Corrections technical officers are personnel employed in the implementation of reformation
programs and those personnel whose nature of work requires proximate or direct contact with
inmates.
2) Corrections technical officers include priests, evangelists, pastors, teachers, instructors,
professors, vocational placement officers, librarians, guidance counselors, physicians, nurses,
medical technologists, pharmacists dentists, therapists, psychologists, psychiatrist
sociologists, social workers, engineers, electricians, agriculturists, veterinarians, lawyers and
similar professional skills relevant to the implementation of inmate information programs.
IN CARRYING OUT ITS MANDATE, THE BUREAU DOES THE FOLLOWING TASKS:
• CONFINE PERSONS CONVICTED BY THE COURTS TO SERVE A SENTENCE IN
NATIONAL PRISONS.
• KEEP PRISONERS FROM COMMITTING CRIMES WHILE IN CUSTODY.
• PROVIDE HUMANE TREATMENT BY SUPPLYING THE INMATES BASIC NEEDS AND
IMPLEMENTING A VARIETY OF REHABILITATION PROGRAMS DESIGNED TO
CHANGE THEIR PATTERN OF CRIMINAL OR ANTI-SOCIAL BEHAVIOR.
• ENGAGE IN AGRO-INDUSTRIAL PROJECTS FOR THE PURPOSE OF DEVELOPING
PRISON LANDS AND RESOURCES INTO PRODUCTIVE BASES OR PROFIT
CENTERS, DEVELOPING AND EMPLOYING INMATE MANPOWER SKILLS AND
LABOR, PROVIDING PRISONERS WITH A SOURCE OF INCOME AND AUGMENTING
THE BUREAU'S YEARLY APPROPRIATIONS.
FORERUNNERS OF THE BUREAU OF CORRECTIONS
• THE OLD BILIBID PRISON, WHICH WAS LOCATED ON
OROQUIETA STREET IN MANILA WAS ESTABLISHED IN 1847
AND BY A ROYAL DECREE FORMALLY OPENED ON APRIL
10, 1866.
• ON AUGUST 21, 1870 THE SAN RAMON PRISON AND PENAL
FARM WAS ESTABLISHED IN ZAMBOANGA CITY FOR
MUSLIM AND POLITICAL PRISONERS OPPOSED TO THE
RULE OF SPAIN.
FORERUNNERS OF THE BUREAU OF CORRECTIONS

• THE IUHIT PENAL SETTLEMENT NOW KNOWN AS IWAHIG PRISON


AND PENAL FARM WAS ESTABLISHED IN 1904 BY THE AMERICANS
IN 28,072 HECTARES OF LAND. THE LAND AREAS EXPANDED TO
40,000 HECTARES IN THE LATE 1950s AND EXPANDED AGAIN TO
41,007 HECTARES BY VIRTUE OF EXECUTIVE ORDER NO. 67
ISSUED BY GOVERNOR NEWTON GILBERT ON OCTOBER 15, 1912.
FORERUNNERS OF THE BUREAU OF CORRECTIONS

• THE BUREAU OF PRISONS WAS CREATED UNDER THE REORGANIZATION ACT OF


1905 AS AN AGENCY UNDER THE DEPARTMENT OF COMMERCE AND POLICE. THE
REORGANIZATION ACT ALSO RE-ESTABLISHED THE SAN RAMON PRISON IN 1907,
WHICH WAS DESTROYED DURING THE SPANISH-AMERICAN WAR IN 1888. THE
PRISON WAS PLACED UNDER THE BUREAU OF PRISONS AND HOUSED
PRISONERS IN MINDANAO.
FORERUNNERS OF THE BUREAU OF CORRECTIONS
• THE CORRECTIONAL INSTITUTION FOR WOMEN WAS
FOUNDED ON NOVEMBER 21, 1929 BY VIRTUE OF ACT NO.
3579 AS THE FIRST AND ONLY PRISON FOR WOMEN IN THE
PHILIPPINES.
• LATER, ON JANUARY 21, 1932, THE BUREAU OPENED THE
DAVAO PENAL COLONY IN SOUTHERN MINDANAO.
FORERUNNERS OF THE BUREAU OF CORRECTIONS

• THE NEW BILIBID PRISON WAS ESTABLISHED IN 1935 IN MUNTINLUPA DUE TO THE
INCREASED RATE OF PRISONERS.
• PROCLAMATION NO. 72 ISSUED ON SEPTEMBER 26, 1954, ESTABLISHED THE
SABLAYAN PRISON AND PENAL FARM IN OCCIDENTAL MINDORO, AND THE LEYTE
REGIONAL PRISON WAS ESTABLISHED ON JANUARY 16, 1973, UNDER
PROCLAMATION NO. 1101.
FORERUNNERS OF THE BUREAU OF CORRECTIONS
• DUE TO INCREASING CRIME RATE, THE PHILIPPINE GOVERNMENT ENACTED
COMMONWEALTH ACT NO. 67 AND A NEW PRISON WAS BUILT IN MUNTINLUPA
ON 551 HECTARES OF LAND AT AN AREA CONSIDERED AT THAT TIME TO BE
"REMOTE." CONSTRUCTION BEGAN IN 1936 WITH A BUDGET OF ONE MILLION
PESOS.
• IN 1940, THE PRISONERS, EQUIPMENT, AND FACILITIES WERE TRANSFERRED
TO THE NEW PRISON. THE REMNANTS OF THE OLD FACILITY WAS USED BY
THE CITY OF MANILA AS ITS DETENTION CENTER THEN KNOWN AS MANILA
CITY JAIL (MCJ). IN 1941, THE NEW FACILITY WAS OFFICIALLY NAMED THE NEW
BILIBID PRISON.
FORERUNNERS OF THE BUREAU OF CORRECTIONS

• AT THAT TIME, THE MANILA CITY JAIL WAS UNDERSTAFFED, OVERCROWDED, AND
ITS FACILITIES WERE IN DISREPAIR. ORIGINALLY BUILT BY THE SPANIARDS IN THE
19TH CENTURY, "BILIBID," AS IT WAS COMMONLY KNOWN, WAS HOME TO
PRISONERS OF WAR DURING THE JAPANESE OCCUPATION OF MANILA IN WORLD
WAR II.
• TODAY IT HOUSES OVER 3,700 INMATES-A FOURFOLD OVERCAPACITY RATE ON
TWO HECTARES, MAKING THE MCJ UNDOUBTEDLY ONE OF THE MOST OVER
CONGESTED JAIL FACILITIES IN THE COUNTRY.
SEVEN PRISON FACILITIES IN THE COUNTRY
• 1. NEW BILIBID PRISON IN MUNTINLUPA CITY
• 2. CORRECTIONAL INSTITUTE FOR WOMEN (CIW) IN MANDALUYONG CITY
• 3. IWAHIG PENAL COLONY LOCATED IN STA. LUCIA, PALAWAN
• 4. DAVAO PENAL COLONY IN DAVAO
• 5. SABLAYAN PENAL COLONY IN OCCIDENTAL MINDORO
• 6. SAN RAMON PRISON AND PENAL FARM IN ZAMBOANGA DEL NORTE
• 7. LEYTE REGIONAL PRISON IN ABUYOG, LEYTE
RECREATIONAL FACILITIES
• THE PRISONERS SPEND LEISURE TIME IN THE BASKETBALL COURT
IN THE PENITENTIARY'S GYMNASIUM AND ARE ALSO ENGAGED IN
THE PRODUCTION OF HANDICRAFTS. VARIOUS RELIGIOUS
DENOMINATIONS ARE ACTIVE IN THE PRISON, WITH MASSES SAID
DAILY IN THE PRISON'S CATHOLIC CHAPEL. THESE RELIGIOUS
GROUPS, SUCH AS THE SEVENTH-DAY ADVENTIST CHURCH,
AMAZING GRACE CHRISTIAN MINISTRIES, PHILIPPINE JESUIT PRISON
SERVICE AND CARITAS MANILA, ALSO EXTEND MEDICAL SERVICES
TO PRISONERS.
EDUCATIONAL FACILITIES
•Elementary education, High school education, Vocational
training and Adult Literacy programs are provided inside the
compound.
•Prisoners may also study to complete their Bachelor's degree
in Commerce.
•The Tew Bilibid Prison also Houses a Talipapa (market)
where the prisoners can buy commodities.
PHYSICAL SECURITY
• PRISONS ARE NORMALLY SURROUNDED BY FENCING, WALLS, EARTHWORKS, AND OTHER BARRIERS TO PREVENT
ESCAPE. OTHER ESCAPE DETERRENTS INCLUDE MULTIPLE BARRIERS, CONCERTINA WIRE, ELECTRIFIED FENCING,
SECURED AND DEFENSIBLE MAIN GATES, ARMED GUARD TOWERS, SECURITY LIGHTING, MOTION SENSORS, DOGS AND
ROVING PATROLS.
• MOVEMENTS AND ACTIVITIES OF PRISONERS INSIDE THE FACILITIES ARE MONITORED BY REMOTELY CONTROLLED
DOORS, CCTV MONITORING, ALARMS CAGES, RESTRAINTS, NONLETHAL AND LETHAL WEAPONS, RIOT-CONTROL GEAR
AND PHYSICAL SEGREGATION OF UNITS AND PRISONERS.

DEGREES OF CUSTODY OF PRISONERS
• 1. SUPER SECURITY is intended for a special group of prisoners composed of incorrigibles
and dangerous persons who are difficult to manage for being the source of constant
disturbance in the maximum security institution.
• 2. MAXIMUM SECURITY is for habitual troublemakers who may not be as dangerous as the
super security prisoners. they wear orange uniforms.
• 3. MEDIUM SECURITY is for prisoners who may be allowed to work outside the institution
under guard escorts. they wear blue uniforms.
• 4. MINIMUM SECURITY is for prisoners who can already be trusted to report for work places of
work assignment without the presence of guards. they wear brown uniforms.
• 5. DETENTION is for individuals held in custody, prior to formal charges. detainees wear gray
uniforms.
•THE BUREAU OF CORRECTIONS ACT OF 2013
• On may 28, 2013, President Benigno S. Aquino III signed the Bureau Of Corrections
(BuCor) Act of 2013 or Republic Act 10575 that seeks to modernize, professionalize, and
restructure BuCor by upgrading its facilities, increasing the number of its personnel,
upgrading the level of qualifications of their personnel and standardizing their base pay
retirement and other benefits.
• It took the DOJ 18 months to prepare the Implementing Rules and Regulations (IRR) of
the prison reforms law. Justice Secretary Leila De Lima signed the IRR on December 12,
2014
• The BuCor modernization law replaced the 96-year-old prison act of 1917 and is thus
expected to address the decades-long cycle of neglect that has left the country's prisons
dilapidated, overcrowded, and understaffed.
• Under RA 10575, operating prisons and penal farms should have dormitories,
an administration building, security fences, a hospital, a recreation center, a
training center, a workshop area, and a visiting area.
• Among the reforms sought is the transfer of the NBP to Laur, Nueva Ecija. It
has an allocated budget pegged at P50million (roughly $1.12 million). It will be
recalled that on 5 September 1991, then president Corazon C. Aquino issued
presidential proclamation no. 792, which was amended by presidential
proclamation no. 120 on 15 December 1992, to the effect that 104.22 hectares
of land, a vast parcel of the NBP prison site, be developed into housing for
employees of the department of justice and other government agencies. This
housing project is known as the Katarungan (justice") village.
• THE CORRECTIONS ACT OF 2013 ALSO AUTHORIZES THE
RECRUITMENT OF ADDITIONAL PERSONNEL AND THE
STANDARDIZATION OF SALARY GRADES SO THAT BUCOR
PERSONNEL COULD BE AT PAR WITH THEIR COUNTERPARTS FROM
THE BUREAU OF JAIL MANAGEMENT & PENOLOGY (BJMP), WHICH
MANAGES JAIL FACILITIES FOR PRE-TRIAL DETAINEES AND CONVICTS
WITH LESS THAN THREE-YEAR PRISON TERMS.
BUREAU OF JAIL MANAGEMENT
AND PENOLOGY
( BJMP)
Learning Objectives
• At the end of this chapter, the student will be able to:
• Understand the role of the Bureau of Jail Management and
Penology in the Philippine justice system;
• Know what rehabilitative programs are undertaken by the
Bureau for inmates; and
• Learn the types of prisoner offenses subject to disciplinary
measures by the Bureau.
• The Bureau of Jail Management and Penology
(BJMP), was created to address the growing
concern for jail management and penology
problems.
• Its clients are detainees accused before a court
who are temporarily confined in such jails while
undergoing investigation, waiting final judgment,
and those who are serving sentence promulgated
by the court 3 years and below.
• Republic Act No. 6975, the Jail Bureau is mandated to take operational and
administrative control over all city, district, and municipal jails which
number at 1,132.
• 417 comprising two (2) female dormitory,
• two (2) youth centers,
• 152 district jails,
• 84 city jails and
• 177 municipal jails are fully manned by the Jail Bureau,
• 1 leaving 63% or 715 jails still being manned by the Philippine National Police.

At present there are only 6,976 uniformed and non-uniformed BJMP personnel. In
terms of jail population, however, 59,639 inmates are housed in BJMP-manned jails,
while only 1,529 are with the PNP-manned jails.
• The Bureau has four major areas of rehabilitation:
all aimed at eliminating the offenders' pattern of
criminal behavior, and reforming them into
becoming law-abiding and productive citizens after
serving their prison term.
These programs are:
• Livelihood Projects;
• Educational and Vocational Training:
• Recreation and Sports; and,
• Religious/Spiritual Activities
History
• The BJMP traces its roots from the defunct Constabulary Jail
Bureau, then later Philippine Constabulary - Integrated National
Police (PC-INP) Office of Jail Management and Penology.
• The agency was founded on January 2, 1991, pursuant to the
provisions of Republic Act 6975, which established the
Department of Interior and Local Government.
• It started with 500 staff and later built itself up from agency to
bureau status. The bureau now is in charge of management,
administration, and implementation of penology laws all over
the country.
The Administrative Organization of the BJMP
• The BJMP divides the task of Jail Management and Penology services
among several Regional Offices patterned after the Philippine National
Police:
• Regional Office - Headed by a Regional Director
• Provincial Office - Headed by a Jail Provincial Administrator
• District Jail - Headed by a District Jail Warden
• City Jail - Headed by City Jail Warden
• Municipal Jail - Headed by Municipal Jail Warden.
Types of Jails

• a. A type "A" jail has a population of 100 offenders or


more.

• b. A type "B" jail has a population of 21 -99 offenders.

• c. A type "C" jail has a population of 20 or less offenders.


Basic Objectives of Jails

• 1. Safekeeping and welfare of the inmates.


• 2. The protection of the society by prevention of
escapes.
• 3. Safety of jail personnel.
• 4. Safety of the visitors.
BASIC GOALS AND OBJECTIVES OF JAIL

•Safekeeping and rehabilitation of


inmates
•Protection of Society
•Prevention of Escapes
Rules to be observed during the movement, transfer,
and escorting of inmates
DO's

• Maximum security measures shall be observed at all times in providing


escort, to non-bailable inmates following the ratio of one plus one
security.
• Inmates in transit should always be handcuffed.
• Always escort an inmate in going to a toilet or washroom.
• Regard all non-bailable inmates being transferred as extremely
dangerous to avoid carelessness.
• Escort personnel must have issued firearms and at least one basic load
of ammunitions.
Rules to be observed during the movement, transfer,
and escorting of inmates
DO's
• Escort personnel provide their own drinks to avoid being drugged that would
affect their sensorium.
• Guard/escort must always follow the most direct route from jail to court and
back.
• High-risk inmates should always have back-up vehicle and personnel to pre-empt
rescue and/or abduction.
• A guard must always be extra careful not to sit, stand or walk next to an inmate
while carrying a gun as it can be easily grabbed from him.
• Movement or transfer of inmates shall be treated shall be treated confidentially,
and
• Transporting vehicle by hired vehicle shall proceed uninterrupted while passing
along the highway.
Rules to be observed during the movement, transfer,
and escorting of inmates
DONT's
• Never escort non-bailable inmates without following the ratio of one is to
one plus one.
• Never allow the transport of inmates without handcuffs.
• Never underestimate non-bailable inmates as not dangerous persons.
• Never allow an inmate to go to the toilet or washroom alone.
• No deviation is allowed in the escorting of prisoners. Only the place
authorized in court should be strictly followed.
Rules to be observed during the movement, transfer,
and escorting of inmates
DONT's
• Never accept any drinks offered by inmates for it may be mixed with
prohibited or regulated drugs that may affect his senses.
• Never escort high-risk inmates without back-up vehicles and personnel.
• Never sit, stand or walk next to an inmate while carrying a gun as it can be
easily grabbed from him.
• Never announce the movement or transfer of inmates for security reasons;
and
• Never allow the driver of hired vehicle to stop along the highway while
transporting prisoners.
KEY CONTROL IN JAIL
• Maintain a system of key control, which shall include an accurate
listing of all keys and receipting them. Never permit inmates to
handle keys or to study them.

PROCEDURES IN CELL SEARCH


• Be systematic. Search in orderly manner. Begin in one spot in the
cell and work around and back, Leave the cell in its original
conditions. Always move prisoners of the area to be searched. List
all contraband items discovered and state where they were found.
PRECAUTIONS IN THE COUNTING OF PRISONERS
• The prisoners should not move about during the count,
Officers making the count should be able to see the
prisoners he is counting No one but a jail officer should
conduct a count; trusties or other prisoners should not
participate in the counting, No interruptions should be
permitted during the count. Visits should be delayed
until the count is completed.
Primary Jail Management
• Inmate behavior should be documented in writing for
the information of all staff members.
• Inmate grievances Jail officers must pay full attention to
grievances of inmates because, many riots in jail and
prisons have resulted from inmate's feelings and no one
cared to listen.
FORMAL DISCIPLINARY MEASURES
MINOR OFFENSES
• Selling or bartering with fellow inmate, of items not classified
as contraband; rendering personal service to fellow inmate;
untidy or dirty personal appearance; littering or failing to
maintain cleanliness and orderliness in his quarters and/or
surroundings; making frivolous or groundless complaints;
taking the cudgels for or reporting complaints on behalf of
other inmates; tardiness in formation or duty without
justifiable reasons; willful waste of food.
LESS GRAVE OFFENSES
• The inmates' failure to report for work detail without sufficient Justification; failure to
render assistance to an injured personnel or inmate failure to assist in putting out fires
inside the jail; acting boisterously during religious, social, and other group functions;
swearing, cursing or using profane or defamatory language, directed personally towards
other persons; malingering or reporting for sick call to escape work assignment;
spreading rumors or maliciously intriguing against the honor of any person, particularly
members of the custodial force; failing to stand at attention and give due respect when
confronted by or reporting to any officer or member of the custodial force, forcing fellow
inmates to render personal service to him and/or others; exchanging uniform or wearing
clothes other than those issued to him for the purpose of circumventing jail rules;
loitering or being in an unauthorized place; using the telephone without authority from
desk officer/warden; writing, defacing, drawing on walls, floors or any furniture or
equipment.
• Use of lewd or pornographic literature and/or photographs; absence from cell, brigade,
place of work during headcount, or at any time without justifiable reason; failure to turn
over any implements/ articles issued after the work detail; committing any act prejudicial
to or that is not necessary to good order and discipline.
Grave offenses
• The inmates shall not be allowed to: make untruthful statements or lies in official
communication, transaction, or investigation; keep or conceal keys or locks of
places in the jail that are off-limits to inmates; give gifts, sell to, or barter with jail
personnel; keep in his possession money, jewelry, or other contraband which the
rules prohibit; put tattoo on others or allow himself to be tattooed on any part of
the body, or keep any paraphernalia to be used in tattooing; Forcibly take or extract
money from fellow inmates; punish or inflict injury or harm upon himself or other
inmates; receive, keep, take or imbibe liquor and other prohibited drugs; make,
improvise or keep any kind of deadly weapon; conceal or withhold information on
plans of attempted escapes; commit unruly conduct and behavior and flagrant
disregard for discipline and instructions; escape, attempt or plan to escape from the
institution or from any guard; help, aid or abet others to escape; fight, cause any
disturbance or participate therein and/or agitate to cause such disturbance or riot.
• The following also constitute grave offenses: Willful disobedience to a lawful
order issued by an officer or member of the custodial force. Indecent,
immoral or lascivious acts by himself or others and/or allowing himself to be
the subject of such indecent, immoral, or lascivious acts. Assaulting any
officer or member of the custodial force. Damaging any government
property or equipment issued to the inmates. Participating in any kangaroo
court, an unauthorized or irregular court conducted with disregard for, or
perversion of legal procedures as a mock court by inmates in a jail/prison.
Affiliating oneself to any gang or faction whose main purpose is to foment
regionalism or to segregate them from others.
• Failing to inform the authorities concerned when afflicted with any
communicable diseases, such as VD, etc. Engaging in gambling or any game
of chance. Committing any act, which is in violation of any law or ordinance,
in which case, he shall separately be prosecuted criminally in accordance
with law.
DISCIPLINARY ACTIONS
• In cases when an inmate violated any reasonable jail
rules and regulations; the following are disciplinary
punishment to be imposed by the jail's Disciplinary
Board, to wit:
• 1. Reprimand.
• 2. Temporary or permanent cancelation of some or all
recreational privileges;
• 3. Cancellation of visiting privileges;
• 4. Extra-fatigue duty;
• 5. Close confinement in a cell, which shall not exceed seven (7) days
in any calendar month provided that this punishment shall be
imposed only in the case of an incorrigible prisoner, when other
disciplinary measures had been proven ineffective.

• 6. The Warden, upon recommendation of the Disciplinary Board, part


or full forfeiture of good conduct time allowance to be earned for the
month and subsequent months depending upon the gravity of the
offense.
Privileges of an Inmate

• Detainees are allowed to: wear their own clothes while in confinement, write letters,
subject to reasonable censorship, provided expenses shall be borne by them; receive
visitors during daytime but Visiting privileges may be denied in accordance with the rules
and whenever public safety so requires. Moreover, visitors are prohibited from entering
cells and physical contact between visitors and inmates is absolutely prohibited.
• They may also receive books, letters, magazine, newspapers, and other periodicals that
the jail authorities may allow; be treated by Bureau's Health Services Personnel or by their
own doctor and dentist at their own expense upon proper application and approval; be
treated in government or private hospital, provided it is authorized by the court at their
own expenses; request free legal aid if available, enjoy the right to be visited by their
counsel, grow hair in their customary style provided it is decent and allowed by the rules,
receive fruits and prepared food, subject to inspection and conformity by the jail official;
smoke cigar and cigarettes, except in prohibited places, read books and other reading
materials available in jail library, maintain cleanliness in their cells and brigades or jail
premises; and perform such other works as may be necessary for hygienic and sanitary
purposes.
Good Conduct Time Allowance (GCTA)

• Republic Act No. 10592, an Act amending


Articles 29, 94, 97, 98, and 99 of Act No. 3815, as
amended, otherwise known as the Revised Penal
Code has the following provisions:
• Period of preventive imprisonment deducted from term of
imprisonment
Offenders or accused who have undergone preventive
imprisonment shall be credited in the service of their sentence consisting
of deprivation of liberty, with the full time during which they have
undergone preventive imprisonment if the detention prisoner agrees
voluntarily in writing after being informed of the effects thereof and with
the assistance of counsel to abide by the same disciplinary rules imposed
upon convicted prisoners, except in the following cases
A. When they are recidivists, or have been convicted previously
twice or more times of any crime; and

B. When upon being summoned for the execution of their


sentence they have failed to surrender voluntarily.
• If the detention prisoner does not agree to abide by the same disciplinary rules
imposed upon convicted prisoners, he shall do so in writing with the assistance of a
counsel and shall be credited in the service of his sentence with four-fifths of the
time during which he has undergone preventive imprisonment.
• Credit for preventive imprisonment for the penalty of reclusion Perpetua shall be
deducted from thirty (30) years.
• Whenever an accused has undergone preventive imprisonment for a period equal to
the possible maximum imprisonment of the offense charged to which he may be
sentenced and his case is not yet terminated, he shall be released immediately
without prejudice to the continuation of the trial thereof or the proceeding on
appeal, if the same is under review. Computation of preventive imprisonment for
purposes of immediate release under this paragraph shall be the actual period of
detention with good conduct time allowance: Provided, however, That if the accused
is absent without justifiable cause at any stage of the trial, the court may motu
proprio order the re-arrest of the accused: Provided, finally, That recidivists, habitual
delinquents, escapees and persons charged with heinous crimes are excluded from
the coverage of this Act. In case the maximum penalty to which the accused may be
sentenced is Destierro, he shall be released after thirty (30) days of preventive
imprisonment."
ALLOWANCE FOR GOOD CONDUCT
The good conduct of any offender qualified for credit for preventive
imprisonment pursuant to Article 29 of this Code, or of any convicted
prisoner in any penal institution, rehabilitation or detention center or any
other local jail shall entitle him to the following deductions .from the
period of his sentence
• During the first two years of imprisonment, he shall be allowed a deduction of
twenty days for each month of good behavior during detention;
• During the third to the fifth year, inclusive, of his imprisonment, he shall be
allowed a reduction of twenty-three days for each month of good behavior
during detention;
• During the following years until the tenth year inclusive, of his imprisonment, he
shall be allowed a deduction of twenty-five days for each month of good behavior
during detention;
• During the eleventh and successive years of his imprisonment, he shall be
allowed a deduction of thirty days for each month of good behavior during
detention; and

• At any time during the period of imprisonment, he shall be allowed another


deduction of fifteen days, in addition to numbers one to four hereof, for each
month of study, teaching or mentoring service time rendered.
•An appeal by the accused shall not deprive
him of entitlement to the above allowances
for good conduct."
•Under the provisions of Act No. 2489 for each
calendar month one-fifth (1/5) of the period
of sentence for loyalty to any occasion of
disorder such as conflagration, earth quake,
etc., voluntarily surrender within 8 hours.
Special Time Allowance for Loyalty (STAL)

• Under Section 4. Republic Act No. 10592 A deduction of one fifth of


the period of his sentence shall be granted to any prisoner who,
having evaded his preventive imprisonment or the service of his
sentence under the circumstances mentioned in Article 158 of this
Code, gives himself up to the authorities within 48 hours following
the issuance of a proclamation announcing the passing away of the
calamity or catastrophe referred to in said article. A deduction or two-
fifths of the period of his sentence shall be granted in case sad
prisoner chose to stay in the place of his confinement
notwithstanding the existence of a calamity or catastrophe
enumerated in Article 158 of this Code.
Who grants time allowances?
• Under Section 5. Republic Act No. 10592,
whenever lawfully justified, the Director of the
Bureau of Corrections, the Chief of the Bureau of
Jail Management and Penology and/or the
Warden of a provincial, district, municipal or city
jail shall grant allowances for good conduct. Such
allowances once granted shall not be revoked.
Present guidelines in granting time allowances
under R.A. 10592 Act of 2012.

Time allowances
•Good Conduct Time Allowance
•Time Allowance for Study Teaching and
Mentoring
•Special Time Allowance for Loyalty
Allowance for teaching, study, and
mentoring
•At any time when inmates engage in BJMP-
recognized study, teaching or mentoring,
there would be an additional 15 days
reduction from their preventive
imprisonment or service of sentence for
each month of actual deprivation of liberty.
• Grounds for disqualification for GCTA under existing
laws
If inmate:
1. Is a recidivist defined under Book One, Title One,
Chapter IV, Article 14 (9) of the Revised Penal Code.
2. Has been convicted previously twice or more
times of any crime.
3. Has been summoned for the execution of his
sentence, but failed to surrender voluntarily.
• Grounds for disqualification for GCTA under the BJMP manual
If inmate:
1 Is a gang member who fails to relinquish his or her
affiliation.
2. Committed violation any of the jail rule.
3. An escapee under circumstances not falling under Art 158
of the Revised penal code. Art.
4 Failed to participate in rehabilitation, development, work
program.
• Graduated disqualification for violation of rules
A. Minor Offenses: one month
B. Less Grave Offense: 2-3 months
C. Grave Offense: 4-6 months
Procedure for the grant of GCTA

• Inmates shall be automatically screened and evaluated for Good Conduct Time
Allowance (GCTA) and/or Time Allowance for Study Teaching and Mentoring
(TASTM) every month to be submitted to the warden or Time Allowance for
Loyalty as warranted by circumstances;
• A Management Screening and Evaluation Committee (MSEC) of the BJMP with
the assistance of Time Allowance Supervisors (TAS) shall be tasked with the
monitoring, screening and evaluation of the behavior, conduct and
participation of prisoners, within their respective facilities.
• After due consideration of behavior or conduct shown by the prisoners and/or
attendance and active participation in inmate welfare and development or
BJMP-recognized study, teaching and mentoring duly supported by written
records of TAS, the MSEC will recommend to the Warden that the prisoners
evaluated be granted GCTA and/or TASTM;
• Acting on the recommendation, the Warden concerned shall either:

APPROVE the recommendation and "issue a certification granting GCTA,


TASTM or STAL to the prisoner for the particular period;
DISAPPROVE there commendation if the prisoner recommended is not
qualified to be granted the benefits or that errors or irregularities attended
the evaluation of the inmates; or

RETURN the recommendation, without action, for corrections as regards


the names, number or other clerical or inadvertent efforts.
• Monthly processing and grant of GCTA and T'ASTM.
Logbook or record of time allowances granted shall be
maintained by each jail unit, the custody and upkeep of
which shall be the joint responsibility of the Inmate
Records Officer and the Warden.
A computerized monitoring template or program
provided by the BJMP NHQ shall be used by each of the
jail units and through which monthly reports concerning
inmates granted with any of the time allowances shall be
submitted every 5th day of each succeeding month.
Jail Management Screening and Evaluation
Committee (JMSEC) for BJMP-manned jails shall be
composed of:
• 1) Assistant Warden as Chairman
• 2) Chief of the Paralegal Section as Member
• 3) Chief of Inmate Welfare and Development Officer Section as
Member
• 4) Inmate Records Officer
• 5) Representative of Parole and Probation Administration Office as ex-
officio member.
• Time Allowance Supervisors
• The Warden shall designate Time Allowance Supervisors (TAS), upon
recommendation of the MSEC among the custodial and administrative
officers adjunct to their main functions. Their duty is to observe the daily
conduct and demeanor of each and every inmate as well as monitor their
attendance in inmate welfare and development and work activities, and for
that purpose, they shall maintain written records of inmate attendance and
quality of participation in those activities on a weekly basis.
• The TAS will employ a pass/fail rating system where a rating higher than fifty
percent will merit the full number of points/days allocated for the week,
and consequently a rating lower than 50% will result to zero points for the
week. The ideal number of TAS per inmate is 1:12, but may be adjusted
accordingly depending on the number of personnel vis-à-vis inmates per
jail, but the highest allowable ratio of TAS to inmate shall be one (1) per 100
inmates.

Inmate Records Officer
• The Inmate Records Officer (IRO) at each jail facility is responsible for
keeping records of GCTA, TASTM, and STAL. When inmates are
committed inside a jail facility, the IRO at the facility will determine
the amount of pre-determined maximum jail time or maximum
imposable penalty attached to the crime/ offense and shall determine
the original release date, time allowances granted or that may be
possibly granted and adjusted release date after considering the time
allowances granted or to be granted with appropriate and accurate
computations.
Modular Projects in a Structured Environment

• A structured environment with proper scheduling of work, education, and


other development activities.
• Re-conceptualizing TCMP and integrating all IWD programs using RJ as
framework

• Modular projects must be implemented with the following qualities:


a. Clearly described
b. Specific duration
c. List of participants
d. A given set of activities
e. Clear basis for evaluation
HISTORICAL
PERSPECTIVE ON
CORRECTIONS
PREPARED BY: MARIETTA DE LEON – VALDEZ, RCrim.
 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 has compelled to leave the realm by
a road or path assigned to him.
 Ordeal – is
the church’s substitute for a trial until
the 13th century wherein guilt or innocence was
determined by the ability of the accused of
being unscathed through dangerous and
painful tests.

 Charlemagne –gave
bishops the power to act as
real judges enabled
Bishops Tribunal to rule on
secular matters.
 TheHoly Inquisition – a general label for a
succession of Roman Catholic Tribunals charged
with the detection of punishment of heresy.
Inquisition proper did not begin , until 1215 AD when
the Lateral Council decided that the use of
extensive system of informers and detailed records
kept of every element in proceedings.
 Inthe latter half of the 13th century, under the reign
of King Edward I, incarceration came into extensive
use in England. Imprisonment was also used by the
Church.

 Imprisonment
was not use in Greece, and not all in
Roman Republic, but was used for minor offenses in
the Roman Empire.
 Bride well – a term for House of
Correction which were used for
locking up, employing and whipping
beggars, prostitutes and other misfits.
These institutions were built around
the acceptance of the value of
regular work and the formulation of
habits of industry.
 Saint Bridget’s Well – England’s first
House of Correction.
England,1468 - Torture as a form of
punishment became prevalent.
16th Century – Transportation of
criminals in England, was authorized.
At the end of 16th Century, Russia
and other European countries
followed this system. It partially
relieved the overcrowding of prisons.
It was abandoned in 1836.
17th to 18th Century – Death Penalty
became prevalent as a form of
punishment.
Galleys
 a 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 (Hulk of Hulks) – were
abandoned or unusable ships,
which were converted into
prisons as a means of relieving
prison congestion when
transportation system was
abandoned in England. These
ships were permanently
anchored in rivers or harbors
and also known as the “Floating
Hells.”
 Panopticon – is an inspection prison
house is a building plan made by
Jeremy Bentham, a noted English
exponent of the classical school of
the criminology which called for a
tank like structure, covered by glass
roof. A large circular building
containing multi cell around the
periphery. It was never built.
18thcentury - is a century of
change . It is the period of
recognizing human dignity.
 Cat-O-Nine Tails – a slash nine
knotted throngs of raw hides
attached to a solid handle, used in
the administrations of flogging, which
was the popular method of corporal
punishment in the 18th century.
It is the movement of reformation , the
period of introduction of certain reform in
the correctional field by certain person ,
gradually changing the old positive
philosophy of punishment to a more
humane treatment of prisoners with
innovational programs.
Walnut Street Jail -
constructed in 1776
- originally constructed as a
detention jail in Philadelphia.
It was converted into a state
prison and became the first
American Penitentiary
-closed down in 1835 ,
largely due to politics,
crowding , lack of financial
 Hospicio de San Michelle
- the first home for
delinquent boys ever
established.
- built by Pope Clemente xi
in Rome for housing
incorrigible youth under 20
years of age.
 Old New Gate Prison
- an abandoned copper mine
located at Simsbury , Connecticut .
- inmates are confined
underground and was considered
as a black holes of horrors, which
really belonged to the barbaric
past.
- today , this is a museum that
belongs to the State of
Connecticut.
 New Gate Prison in New York
- A maximum security prison of the
NY State Department of
Correctional Service in the town
of Osining, New York.
- Sing Sing was the third prison built
by New York State. The first prison
was built in 1797 in Greenwich
Village and a second one in 1816
called Auburn State Prison.
THE REFORMATORY MOVEMENT
-The Reformatory Movement
featured indeterminate
sentencing , parole,
classification by degree of
individual reform ,
rehabilitative programs , and
separate treatment for
juveniles.
-The philosophy of this was
found on the NPA ( National
Prison Association)
Declaration of Principles, the
view that crime was a moral
disease , and the belief that
criminals were “ victims of
social disorder”.
Enoch Cobb Wines
- Conducted a nationwide
prison survey and
organized the NPA
- The NPA is now known as
the American Correctional
Association (ACA)
-The American Correctional
Association – the largest
correctional association in
the world. Founded in 1870 ,
as the National Prison
Association , this organization
of prison professionals had a
prison-reform orientation.
1. Alexander Macanochie
- He is the Superintendent of
the penal colony
- at Norfolks Island in
Australia (1840)who
introduced the MARK
SYSTEM that became the
blue print of modern day
parole
- Considered as the father
of MODERN PENOLOGY
MARK SYSTEM
- A progressive humane
system in which a prisoner is
required to earn a number of
marks based on proper
department , labor and study
in order to entitle him for
ticket for leave or conditional
release which is similar to
parole.
2. MANUEL MONTESIMOS
- The Director of Prisons in
Valencia Spain (1835 ) who
divided the number of
prisoners into companies and
appointed certain prisoners as
petty officer in charge
- He allowed reduction of
service to good behavior
(good conduct time allowance)
EARLY CODES
 1. Babylonian and Sumerian Codes

a. CODE OF KING HAMMURABI


( Hammurabic Code)
- Babylon , credited as the oldest code
prescribing savage punishment but in fact
Sumerian codes were nearly 100 year older.
- TALON (Lex Talionis)– meaning that the state will
meet out punishment equally as “ an eye for an
eye” or “tooth for a tooth”.
 2. Roman and Greek Codes

a. JUSTINIAN CODE – 6th century A.D , an


effort to match desirable amount of punishment
to all possible crimes. However, the law did not
survive due to the fall of the Roman Empire.
- Emperor Justinian wrote his code of law “
FOUNDATION OF WESTERN LEGAL CODES
 THE TWELVE TABLES ( XII Tabulae)
( 451-450 BC)

- represented the earliest codification of


Roman law incorporated into the Justinian
Code
- it is the foundation of all public and private of
the Romans until the time of Justinian. It is also a
collection of legal principles engraves on metal
tablets and set up on the forum.
 b. Greek Code of Draco
- In Greece, the Code of Draco, a harsh that
provides the same punishment for both citizens and
the slaves as it incorporates primitive concepts
(Vengeance and Blood feuds).

- The Greeks were the first society to allow any citizen


to prosecute the offender in the name of the injured
party.
 3.Burgundian Code – (originated about 500AD)
specified punishments according to social class of
offenders, dividing them into, namely:
 a. nobles,
 b. middle and
 c. lower classes,

- Specifying the value of life of each person is society


according to his social status.
Early Codes in the Philippine Setting
 Spanish Civil Code – became effective in
the Philippines on December 7, 1889.

 The“Conquistadores” and the Kodigo Penal


(RPC, 1930) was introduced by the Spaniards
promulgated by the King of Spain. Basically,
these laws adopted the Roman Law
Principles, (Coquia, Principles of Roman Law,
1996).
 Mostly tribal traditions, customs and practices influenced laws during the
Pre-Spanish Philippines.

a. The Code of Kalantiaw (promulgated in


1433)
- the most extensive and severe law that
prescribed harsh punishment.
- this code contains 18 articles only but
enough to maintain peace and harmony.
- this code was decreed by DATU Kalantiaw
about a hundred years before the coming of
the Spanish colonizer
 Mostly tribal traditions, customs and practices influenced laws
during the Pre-Spanish Philippines.

b. The Maragtas Code by Datu Sumakwel

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