INSTITUTIONAL CORRECTION
imprisonment of three years or less.
CORRECTION - A branch of the criminal justice
system concerned with the custody, supervision and
rehabilitation of offenders.
CORRECTIONAL ADMINISTRATION – The
study and practice of a system or systematic
management of jails or prisons and other institutions
concerned with the custody, treatment and
rehabilitation of criminal offenders.
NATIONAL CORRECTIONS
CONSCIOUSNESS WEEK
 Every last week of October
 By virtue of Proclamation Number 551 signed on
March 15, 1995, by former President Fidel V. Ramos.
PENOLOGY - It is the study of punishment of crime
or of criminal offenders. It includes the study of
control and prevention of crime through punishment
of criminal offenders. It is derived from the Latin
word “poena” which means pain or suffering.
“poena”- Latin word meaning “punishment”.
“poine”- Greek word meaning "penalty/fine"
PENAL MANAGEMENT - The manner or practice
of managing or controlling places of confinement as
in jails or prisons.
PUNISHMENT - It is the redress (remedy) that the
state takes against an offending member of society
that usually involves pain and suffering.
ORIGIN OF THE WORD PRISON
- the word prison was derived from the Greco-Roman
word PRESIDIO
- PRE means BEFORE and SIDIO means INSIDE. It
is synonymous to a fenced-cave or dungeon.
ORIGIN OF THE WORD JAIL
- it is said to have been derived from the Spanish
word JAULO which means a CAGE.
- Etymologist attributed that it originated from the
Spanish word meaning a place of confinement.
- It is also said to have been derived from the French
word GAOL pronounced as “geole”, a place for the
arrested criminals.
ESCAPE
– is derived from the Greek word ESCAPIO and
from the Latin word ESCAPIUM which means BY
CHANCE OR ACCIDENT.
JAIL AND PRISON DISTINGUISHED
(Philippine Setting)
 In general, both are places for confinement.
 As to sentence imposed
Jail – for convicted offenders sentenced to
Prison – for convicted offenders sentenced to
imprisonment of more than three years to death.
 As to government agency concerned
Jail – administered by the local government which
has jurisdiction, under the Bureau of Jail
Management and Penology, under the Department of
the Interior and Local Government.
Prison – administered by the national government,
specifically by the Bureau of Corrections, under the
Department of Justice.
BASIC APPROACHES TO PENOLOGY
1. CLASSICAL SCHOOL - This gives emphasis on
the crime not on the criminal. Punishment must be
standardized and proportioned to the gravity and
nature of the offense.
2. NEO-CLASSICAL SCHOOL – Concepts of
Mitigating circumstances might inhibit the exercise
of free will and that punishment should be
rehabilitative. Children and lunatics cannot calculate
pleasure and pain.
3. POSITIVIST SCHOOL - Criminal behavior is
determined by biological, psychological and social
factors. Crime as a social phenomenon and attaches
more importance to the criminal or the actor.
Individualized punishment.
TREATMENT METHODS OF HANDLING
CRIMINALS
1. Punitive Aspect
2. Curative Or Rehabilitative Aspect
PUNISHMENT - is the penalty imposed on an
offender for a crime or wrongdoing.
Justifications of Punishment
Retributivism
Reductivism
HISTORICAL PERSPECTIVE ON
CORRECTIONS
1. KING UR-NAMMU’s CODE
 He is best known as the king who composed
the first complete law code in the world
 The Code of Ur-Nammu.
 Harsh penalties were considered unecessary
(majority of crimes) and a monetary fine
was a reminder on how to behave was
enough as punishment. City of Ur in Ancient
Sumeria.
  Considered as the earliest code than Code of
Hammurabi; (350 years earlier)
 Issued a law that favored the imposition of
justice instead of naked vengeance; and
 Holds the principle of restorative justice.
RESTORATIVE JUSTICE
A principle which requires a process of resolving
conflicts with the maximum involvement of the
victim, the offender and the community.
2. KING HAMMURABI’S CODE IN BABYLON
 LEX TALIONES “An eye for an eye and a
tooth for a tooth” Law of Retaliation
 This is the oldest code prescribing savage
punishment.
 Adopted by King Hammurabi;
 The Law of the Talion (Lex Taliones) – the
principle of “tit for tat” (eye for an eye or
tooth for a tooth); and
 Provides the first comprehensive view of the
laws in the early days.
3. MOSAIC CODE
The law that God gave to the Isralites
through Moses. Ten Commandments.
4. GREEK CODE OF DRACO
 “Draconian”-extreme cruelty.
 Ultimate Severity/Extreme cruelty;
 The Drakon comes first and later repealed
by the Solon Code except for some offenses
still the principle of Talion was carried in
these codes;
 Death was the punishment for almost every
offense; and
 Death penalty was administered with great
brutality.
5. SOLON’S LAW
It was one of the first to see that law giver
had to make laws that applied equally to all citizens
and also saw that the law of punishment had to
maintain proportionality to the crimes committed.
6. TWELVE TABLES
Represented the earliest codification of
Roman Law and incorporated into the Justinian Code.
7. JUSTINIAN CODE
Part of the codification of the Roman Law
(Corpus Juris Civilis).
Written by Emperor Justinian I of Rome
which was evolved from the Law of Twelve Table.
8. BURGUNDIAN CODE
 Existed around the same time as the
JUSTINIAN CODE
 Existed around the same time as the
JUSTINIAN CODE
 This code specified punishment according to
the social class of offenders. NOBLES,
MIDDLE and LOWER CLASSES have
specified values on their lives
AN OFFENDER had to pay the specified value. AN
OFFENDER WHO CAN NOT PAY (wergild) will
be subjected to DEATH PENALTY.
WERGILD - the amount of compensation paid by a
person committing an offense to the injured party or,
in case of death, to his family.
9. THE BOOK OF DEUTERONOMY
 The 10 commandments;
 Counterpart in Islam is the Book of
Koran/Quran;
 Basis of Jewish Laws
10. THE HITTITES
 Great importance of morality;
 Capital punishment was used for many
offenses, except for homicide or robbery;
 Rape, sexual intercourse with animals,
defiance of the authority were all punished
by death; and
 Law enforcement and judicial functions
were placed in the hands of commanders of
military garrisons.
11. THE LEX SALICA
 The early form of legal Germanic tribes
which invaded and conquered the Roman
Empire in the Middle Ages;
 Set on out the schedule of monetary
compensation for wrong doings called botes;
 Wergild or Wergeld is the value of monetary
payment for human life, based on the status
of human life.
12. THE BLOODY CODE
 System of law and punishment existed in the
in early 1688 to 1815.
 Usual punishment for many crimes is death.
16TH CENTURY
The conceptualization of constructions of
workhouse and house of corrections. Galleys were
used.
17TH CENTURY TO LATE 18TH CENTURY
Death Penalty became prevalent. Gaols were
common. Hulks.
18TH CENTURY
 It is the century of change. It is a period of
recognizing human dignity. Introduction of
certain reforms in the correctional field
started.
 “Age of Enlightenment”
 Movement of reformation.
PIONEERS
1. William Penn (1614-1716)
  He is the first leader to prescribe
imprisonment as correctional treatment for
major offenders. He is also responsible for
the abolition of death penalty and torture
as a form of punishment.
 Founder of Pennsylvania and leader of the
English Quakers. Before he conceived the
idea of Pennsylvania, he became the leading
defender of religious toleration of England.
He was imprisoned six times for speaking
out courageously. While in prison, he wrote
one pamphlet after another which gave
quakers literature and attacked intolerance.
In 1682, he legislated the Quaker’s “Great
Law” – a more or quite humane law
compared with harsh colonial codes in force
at the time as a punishment for serious
crime. In 1718, one day after his death,
Quaker code gave way to English Anglican
Code, a harsher code.
2. Charles Montesquieu (Charles Louis Secondat,
Baron de la Brede et de Montesquieu – 1689 –
1755)
 A French historian and philosopher who
analyzed law as an expression of justice.
 He believed that harsh punishment would
undermine morality and that appealing to
moral sentiments as a better means of
preventing crime.
 He inherited the seat in the Parliament of
Bordeaux, France, and was active in politics
and writing for most of his life. By far, his
most influential work is “On the Spirit of the
Laws – 1748”, which presented his analysis
the nature believed that harsh punishment
would undermine morality and that
appealing to moral sentiment was better
means of preventing crime. He was credited
to have introduced the idea of “separation of
powers” in the government to the following
executive, for the enforcement of laws;
legislative for the making of laws, and the
interpretation and scrutiny of laws.
3. VOLTAIRE (Francois Marie Arouet, 1694-
1778)
 He believes that fear of shame was a
deterrent to crime.
 He fought the legality-sanctioned practice of
torture.
 a French author and philosopher who
believed that fear of shame is a deterrent to
crime. He was born on November 21, 1694
in Paris, whose wit, intelligence and keen
sense of justice made him one of France’s
greatest writers and philosophers. He was
however an ardent critic of church, as such,
Voltaire was denied burial church ground.
4. Cesare Beccaria (Cesare Bonesa, Marchese de
Beccaria, 1738-1794)
 He wrote an essay entitled “An Essay on
Crimes and Punishment”
 This book became famous as the theoretical
basis for the great reforms in the field of
criminal law.
 This book also provided a starting point for
the classical school of criminal law and
criminology.
 Founder of the Classical School of
Criminology. As a Milanese lawyer,
published short treaties “On Crimes and
Punishments” at the age of 26. It was the
most exciting essay on law of the 18th
century.
5. Jeremy Bentham – (1748-1832)
 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.
 He devises the ultimate Panopticon
Prison/ Panopticon Inspection House.
 UTILITARIANISM – a principle
introduced by Jeremy Bentham claiming that
individuals put every situation into an
equation to determine the pleasure from the
commission of a crime and pain that will
sustain be as a consequence. Law should be
used to inflict enough pain to offenders for
them to cease from committing crime.
6. John Howard (1726-1790)
 the “Great Prison Reformer”
 The sheriff of Bedsfordshire in 1773 who
devoted his life and fortune to prison reform
 Shocked by the condition he found in hulks.
He pressed for legislation to alleviate and
improve said conditions in 1773. In 1777 by
his work State of Prisons, Parliament passed
the Penitentiary Act providing 4 principles
for reform: (1) secure a sanitary structure (2)
systematic inspection (3) abolition of fees
(4) a reformatory regime. He pioneered the
concept of penitentiary and devoted his life
and fortune to prison reform while serving
as Sheriff of Bedfordshire.
After his findings on English Prisons, he
recommended the following:
- single cells for sleeping
- segregation of women
- segregation of youth
- provision of sanitation facilities
- abolition of the fee system by which jailers obtained
money from prisoner
7. Alexander Macanochie
He is the Superintendent of the penal colony
at Norfolk Island in Australia (1840) who introduced
the Mark System.
8. Manuel Montesimus
 Director of Prisons in Valencia, Spain in
1835.
 He divided prisoners into companies and
appointed prisoners as petty in charge;
allowed reduction of the inmates sentence
by 1/3 for good behavior; offered trade to
prepare the convicts for return to society.
9. Domets of France
 Established an agricultural colony for
delinquent boys in 1839 providing
housefathers as in charge of these boys.
 He concentrated on re-education. Upon their
discharge, the boys were placed under the
supervision of a patron.
10. Walter Crofton
In 1854, he was the director of Irish Prison
who introduced IRISH SYSTEM which was later
called PROGRESSIVE STAGE SYSTEM actually a
modification of Maconochie’s Mark System.
11. Sir Evelyn Ruggles Brise
 The Director of the English Prison who
opened the Borstal institution for young
offenders.
 In 1897, after visiting Elmira, he opened
Borstal Institution based entirely on the
individual treatment. Today, it is considered
as the best reform institution for young
offenders.
12. Jean Jacques Philippe Villain
 founded the Maison de Force in Gent,
Belgium.
 In 1773, he built the Maison de Force
(stronghouse). He is one of the first who
developed the system of classification of
inmates. He defined discipline by the
biblical rule “if any man will not work,
neither let him eat”.
 He introduced:
a. felons and misdemeanants should be separated
and
b. women and children must have separate quarters
13. Fred T. Wilkinson
the last warden of Alcatraz Prison
14. James Bennet
director of Federal Bureau of Prisons who
wrote about the closing of Alcatraz Prison.
15. Zebulon Brockway
 Along with Enoch C. Wines and Franklin
Benjamin Sanborn (composed the big 3’s of
penology in 1870). Brockway introduced
new institutional programs for boys 16 to 23
of age, adopting Maconochie’s and
Croftonic system.
 “Father of Prison Reform” He is the Director
of Elmira Reformatory in New York who
introduced innovational programs:
Training school type
Education of prisoners
Extensive use of parole
ELMIRA REFORMATORY – is considered the
forerunner of modern penology because it had all the
elements of a modern correctional system; school
type/compulsory education; casework method;
extensive use of parole based on the indeterminate
sentence.
This introduced a grading system to prisoners,
(1) new prisoners are 2nd grade
(2) 1st grade after six months of good behavior
(3) another six months – qualified for parole. In case
of misconduct, demoted to 3rd grade.
The Elmira Reformatory Movement
 1870 American Prison Congress applied the
ideas and practices of Sir Walter Crofton
and Alexander Maconochie.
 This was considered the forerunner of
Modern Penology because of its modernized
systems.
16. Elizabeth Fry
She proposed that women, not men should
supervise female prisoners.
17. POPE CLEMENT XI
In 1704 he built Hospice of San Michelle – a
reformatory for delinquent boys used to this date. He
placed an inscription over the door. It is insufficient
to restrain the wicked by punishment them virtuous
by corrective discipline.
18. DENNIS DESIDEROT (1718-1784)
French encyclopedic and philosopher whose
encyclopedia became a force for a change in the 18th
century. Like Montesquieu and Votaire, he was also
imprisoned for denouncing orthodox religion in his
work “Letters for the Blind”.
19. SIR SAMUEL ROMILY (1757-1818)
A follower of Bentham who pressed for the
construction of the first modern English prison, the
Milbank Prison in 1816.
20. CAPTAIN ALEXANDER MACONOCHIE
(1840)
 Superintendent of a penal colony in Norfolk
Island (known as “Hellhole” – for those who
were twice condemned.
 Maconochie replaced flat sentencing with
“Mark System”, (a progressive humane
system to substitute for corporal
punishment, wherein prisoners where
required to earn number of marks based on
proper department, labor and study in order
to entitle him to a “ticket of leave” or
conditional release – a precursor of parole.
  He also introduced other progressive
measures such as fair disciplinary traits,
building of churches, distributing books and
permitting prisoners to tend small gardens.
21. DAVID FOGEL (1976) – Justice Model Black
to Classical School.
EARLY PRISONS
1. Mamertime Prison
It is the only Roman place of confinement
which was built under the main sewer of Rome in 64
B.C. by Ancus Maritus. “Mamertinus Prison”
2. Hospicio de San Michelle
 the first home for delinquent boys ever
established. Built by Pope Clement XI in
Rome for housing incorrigible youths under
20 years of age.
 Considered as the forerunner of juvenile
reformatories of later centuries;
3. Bridewell Workhouse (1557)
 It was built for the employment and house of
English prisoners in London England.
 Became the generic term for all prison
workhouse in England and some in Europe.
4. Saint Bridget’s Well
England’s first house of correction.
5. THE NEW GATE PRISON
 Built in the early 1188 mandated by King
Henry and later became the London’s main
prison.
 Gallows (a structure wherein the criminals
were sentenced to death.
6. Walnut Street Jail
It was originally constructed as a detention
Jail in Philadelphia. It was converted into a State
Prison and became the First American Penitentiary
Regarded as the first penitentiary in
America.
7. Dartmoor Prison
“HOUSE OF HALFWAY TO HELL”
Located in Devonshire, England and was originally
constructed to house French prisoners.
8. Gaols
 Forerunner of the word “JAIL”
 It is a pre trial detention facility operated by
the English sheriffs in England during the
18th Century.
9. Galleys
Long, low, narrow, single decked ships
propelled by sails, usually rowed by criminals used
for transportation of criminals in the 16th century.
10. Hulks “FLOATING HELL” “HELL HOLES”
 These were abandoned or unused warships
that were converted to prisons as means of
relieving congestion of prisoners when
transportation was abandoned.
 Old and abandoned and unsuitable merchant
transport ships or warships no longer used;
 Converted as prison in order to ease the
congestion in prison in England;
 “floating hell”’
 No segregation was made between youth,
man and woman.
11. Alcatraz Prison
 It was operated in 1934 and was closed on
March 21, 1963 because it was too costly.
During that time, it had 260 inmates.
 Also known as “The Rock”;
 Is an island in San Francisco Bay;
 Is the site of infamous noted for its
inhumane treatment and tortures;
 Considered as first prison without wall;
 Established in 1933 and was closed in 1863
because of high maintenance;
 Now open as the Golden Gate National
Recreation Area
12.LE STINCHE
 It was operated in 1934 and was closed on
March 21, 1963 because it was too costly.
During that time, it had 260 inmates.
 The first public prison in Europe constructed
in 1297 on Florence, Italy.
13. BENEFITS OF CLERGY
This originated in the compromise with the
church which had maintained that a member of the
clergy brought to trial in a king’s court might be
claimed from that jurisdiction by the bishop or
chaplain representing him, on the ground that he, the
prisoner, was subject to the authority of the
ecclesiastical court only.
14. SING-SING CORRECTIONAL FACILITY
 Became famous to the whole world because
of singsing bath;
 The first warden was Elam Lynds.
15. SACHSENHAUSEN PRISON
 Built in 1989 outside the Berlin proper as
Germany’s concentration camps for the
dreaded Nazi’s GG elite force.
 It became famous because 100,000 people
executed were Jews.
  Death Penalty – ex. garrote, guillotine,
16. AUSCHWITZ PRISON musketry or firing squad;
 Popularly known as “Death Camps” headed  Corporal Punishment/Physical Torture – ex.
by Rudolf Hoess; Flaying;
 More than 2 million innocent victims were  Shaming/Social Degradation – ex. Pillory;
perished by torture.  Banishment/Exile

17. TUOL SLENG PRISON CONTEMPORARY

 One of the most notorious prisons in  Sodium thiopental
Cambodia;  Destierro;
 Looks like mountain-size file of human skull  Imprisonment;
and bones.  Fine;
 Probation; and
18. BORSTAL PRISON  Parole
 Run by prison service and intended to
reform seriously delinquent young people; PHILIPPINE SETTING
 Located in England.
DEATH PENALTY shall be executed under the
19. WITZWILL PRISON authority of the Director of Bureau of Corrections by
Almost certainly the first open prison LETHAL INJECTION.
 Sodium thiopental
INDIA AND MASSACHUSETTS  Pancuronium bromide
-First to provide separate institution for women.  Potassium chloride
TWO RIVAL PRISON SYSTEMS IN THE METHODS OF DEATH PENALTY EXECUTED
HISTORY OF CORRECTION IN THE PHILIPPINES
1. Auburn Prison System - 1. GARROTE
 “Congregate System” This became popular when three (3) friar’s priests,
 Prisoners are confined in their own cells commonly addressed as GOMBURZA, were
during the night and congregate work in executed in 1872 by the Spanish colonial rulers for
shops during the day. Complete silence was exposing the venalities of the church.
enforced
2. MUSKETRY
2. Pennsylvania Prison System -
Our national hero, Dr. Jose Rizal, died due to the
 “Solitary System” alleged rebellion to the Spanish government. Drug
 Prisoners are confined in single cells day Lord Lim Seng met his death sentence by firing
and night where they lived, slept, ate and squad in 1973 at Fort Bonifacio during Martial Law.
receive religious instructions. Complete
silence was also required. Prisoners are 3. BEHEADING
required to read the bible. Apprehended guerillas were beheaded by Samurai
Sword at the Japanese Kempetei Garrison in 1943.
FORMS OF PUNISHMENT
4. HANGING
Capital Punishment The famous tiger of Malaysia Yamashita died of
Refers to authorized execution of a hanging from 13th footstep platform in 1946.
convicted accused. Gallows, Electric chair, firing
squad, etc. 5. ELECTRIC CHAIR
The Muntinlupa electric chair has claimed more than
PRESCILLIAN seventy (70) offenders convicted of capital offenses
First recorded Christian who was put to since its installation four (4) decades ago.
death in 385 A.D for being heretic. Heresy is any
provocative belief or theory that is strongly at 6. LETHAL INJECTION
variance with established beliefs or customs of the While the 1987 Constitution abolished death
church. sentence, however, Congress in 1996 passed RA
7659 as amended by RA 8177 that imposes death
ANCIENT penalty for heinous crime by lethal injection.
 Sodium thiopental
OTHER FORMS OF EXECUTION
 STONING
It is a form of execution wherein the condemned
person is pelted with stones.
 BEHEADING
A form of capital punishment practice in ancient
Greece and Europe, the punishment is reserved for
offender of high rank and for notorious criminals.
The condemned man’s neck is placed on the wooden
curved specifically designed for the purpose. Most
often, the doomed-man is black hooded with both
hands tied at the back before his head is positioned at
the chopping black. At a given signal the head is axed
and the severed head fall on the trunk provided
therefore. Today, beheading continues to be the
method of executions for capital punishment in many
Muslim countries including China.
 CRUCIFIXION
A person convicted to death was nailed on the cross
with both hands and feet to add ignominy to his
agony and humiliation. He was crowned with the
specter of spines of vines in his head. Then the
Roman pears were thrusts to his flesh body and died
of asphyxiation.
 BURNING AT STAKE
Form of execution wherein the convict is tied in pole
and then set on fire alive.
 FEEDING TO THE LIONS
The offender is thrown in a lion’s den.
 PILLORY
Bouvier’s dictionary defines pillory as a wooden
machine, in which the neck of the doomed culprit is
inserted thereof and usually executed in public as a
means of punishing offenders in Europe and Colonial
America.
Pillory is a wooden frame with three (3) curved holes
in it (two for the left and right wrists and the middle
curved hole is for the neck) and mounted on the post
upon a platform. The condemned man is left to die at
the mercy of unfriendly weather. Other similar form
with holes for the offender’s feet is called a STOCK.
 DECAPITATION
Derived from the Latin word “DE” meaning FROM,
and “CAPUT” meaning a HEAD. Instead of using an
axe, the method employed is by use of a sword and
the practice is widespread in China and Muslim
States.
 FLAGELLATION
An X-designed log were cross-joined and declined at
65 degrees backward. The hooded doomed-man was
tied on the cross-x with both hands spread upward
while the feet were spread apart. The con-man is bare
naked except in the skimpy short pants.
The whipping rod is made of stripped hard leather
with brass button in laid across and embedded at the
tips. At the given signal, six men will whip 30 lashes
each alternately and will continue, except upon the
intercession of the victim or the State. This
intervention of the aggrieved party to stop is
tantamount to pardon and the man shall be released to
freedom.
 GARROTE
An iron collar attached upon a scaffold formerly used
in Spain and Portugal. The convict is seated on the
improvised chair with both hands and feet tied. Then,
the victim’s neck is placed on the collar attached to it,
finally, the iron collar is slowly tightened by the
screw at the back chair by the executioner until the
death convict is pronounced dead.
This method of execution was abolished in the
Philippines by virtue of Act 451.
 GUILLOTINE
A device for cutting-off people’s head developed in
1972 by Dr. Joseph Ignacio Guillotin, a member of
the French National Assembly, he proposed that all
executions must be uniform and painless.
 ELECTRIC CHAIR
The convict is seated on a chair made of electrical
conducting materials with strap of electrodes on
wrist, ankle and head. Upon orders, the levers will be
pulled-up and the fatal volts of alternating current pas
the body until the convict dies. If ever the convict is
still alive, the lever shall be pulled again until he is
pronounced dead.
 HANGING
Mostly, the execution is conducted at dawn. The
executioner will place a cloth over his head. Steel
weights are strapped to the legs of the death convict
to ensure that he/she will die quickly. Then the rope
will be placed around the neck of the convict, and
finally, the platform will be removed.
 MUSKETRY
Most often, the convict is black hooded with hands
tied and may face or snub the firing squad.
 GAS CHAMBER
Invented after World War I by a medical Corp’s
Officer of the US Army as an alternative to electric
chair. In medical term, the convict will die from
HYPOXIA which means death due to the cutting-off
of oxygen in the brain.
 LETHAL INJECTION
Developed in 1924 by an anesthesiologist in Nevada.
Components of chemicals used in Lethal Injection
are:
 Non-lethal Dose/SODIUM
THIOPENTAL – a sleep inducing barbiturate
commonly used in surgery to put the patient asleep;
Lethal Dose/PANCURONIUM
BROMIDE – a drug capable of paralyzing the
muscles;
POTASSIUM CHLORIDE – capable of
stopping heartbeat within seconds, this is commonly
used in Heart-by-pass operations.
DEPORTATION - Limited to aliens, who, in lieu of
imprisonment, they maybe returned to the country of
origin.
CONFINEMENT - The state of being confined;
restraint with limits; Any restraint of liberty or force
or other obstacle or necessity.
INCARCERATION - Detention of a person in jail,
typically as punishment for a crime.
IMPRISONMENT - Forcible confinement by the
law. To place in some place of detention usually a jail
or prison.
FINE - Is a pecuniary imposed by a lawful authority
or court upon a person convicted of crime or
misdemeanor. It constitutes sum of money to be paid
by an offender to the state.
TWO (2) WAYS OF DETERMINING FINES
1. FIXED SUM RATE SYSTEM
Specific offenses are allocated a certain
value and offenders are fine according to the offenses
they commit.
2. DAY FINES SYSTEM
Fines exact a heavier toll on the poor than on
wealthy. Based on the amount of money an offender
earns in a day.
CORPORAL PUNISHMENT - Deliberate
infliction of pain as retribution for an offender or for
the purpose of disciplining or reforming a wrongdoer.
TRANSPORTATION - Form of Banishment in
which offender is compelled to move to a colony, a
desolate outpost in his own country or elsewhere. It
supplied labor and was profitable for the government.
EXCOMMUNICATION - It is the practice of
making an individual a complete pariah, so that no
one should have any contact with him.
EXILE OR BANISHMENT - The act of compelling
a person to leave the country in which he resides and
of which, usually, he is a citizen. Pioneered by
ANCIENT ROME.
SLAVERY - The denial of the natural right of a
person to do what he pleases. Subjection of an
individual to the ownership of another.
JUSTIFICATION FOR PUNISHING
OFFENDERS
1. RETRIBUTION/JUST DESERTS
 “Deserved Punishment for Evil Done”
 Let the PUNISHMENT fit the CRIME.
2. RELIGIOUS JUSTIFICATION
1. It fulfills a religious mission through retaliation.
2. It removes the tension in society caused by the
criminal act, creating harmony through retaliation.
3. It washes the guilt of the criminal away through
suffering and express society’s disapproval of the
behavior.
3. DETERRENCE
It is a justification for punishment based on
the belief that the pain caused by punishment will
deter future criminal actions by the individual and
others.
4. INCAPACITATION - The public will be
protected if the offender has being held in
conditioning where he cannot harm others.
5. EXPIATION/ATONEMENT - Group vengeance
6. REHABILITATION
Early European Antecedents. Positivist
Approach- criminal behavior was caused by traits
within the offender, as well as conditions in their
environment Establishment of usefulness and
responsibility of the offender
PENALTY
Any person who commits felony should be
punished for his unlawful act. Any person who
commits felony should be punished for his unlawful
act. Punishment imposed by a lawful authority upon a
person who commits an unlawful, deliberate and
negligent act.
PRODUCTIVE OF SUFFERING
The offender must feel the suffering but without
however affecting the integrity of the human
personality.
PENALTIES AS TO GRAVITY (DURATION)
1. Death Penalty - Capital Punishment
2. Reclusion Perpetua - 20 years and 1 day to 40
years or Life Imprisonment - indefinite. It is a penalty
imposed by special laws.(Afflictive)
Life imprisonment does not carry accessory
penalties.
AFFLICTIVE
3. Reclusion Temporal - 12 years and 1 day to 20
years(Afflictive)
4. Prision Mayor - 6 years and 1 day to 12
years(Afflictive)
CORRECTIONAL
5. Prision Correccional - 6 months and 1 day to 6
years(Correctional)
6. Arresto Mayor - 1 month and 1 day to 6
months(Correctional)
7. Arresto Menor - 1 day to 30 days(Light)
8. Bond to Keep the Peace - Court’s Discretion
9. Destierro - 25 km at least, 250 km at most. Is one
of the principal penalties under Article 25 of the
Revised Penal Code, but under exceptional
circumstances. To remove the accused from the
vicinity, for his protection against possible reprisal
from the family or relatives of the other spouse or
those of paramour or mistress.
PREVENTIVE IMPRISONMENT
 Offenders/Accused who have undergone
preventive imprisonment shall be credited in
the service of their sentence consisting of
deprivation of liberty, with fulltime.
 If detention prisoner agrees voluntarily in
writing after being informed of effects
thereof.
 If the detention prisoner does not agree to
abide by the same disciplinary rules imposed
upon convicted prisoners, he shall do so in
writing and be credited 4/5ths.
SUBSIDIARY PENALTY - An additional liability
to the suffering of a convict who has no property
which to pay the fine at the rate of one day for each
amount equivalent to the highest minimum wage rate
prevailing in the Philippines at the time of the
rendition of judgment of conviction by the trial court.
1. If the principal penalty imposed be prision
correctional or arresto and fine, he shall remain under
confinement until his fine referred in the preceding
paragraph is satisfied, but his subsidiary
imprisonment shall not exceed one-third of the term
of the sentence, and in no case shall it continue for
more than one year, and no fraction or part of a day
shall be counted against the prisoner.
2. When the principal penalty imposed be only a fine,
the subsidiary imprisonment shall not exceed six
months, if the culprit shall have been prosecuted for a
grave or less grave felony, and shall not exceed
fifteen days, if for a fight felony
3. When the principal penalty imposed is higher than
prision correctional, no subsidiary imprisonment shall
be imposed upon the culprit.
4. If the principal penalty imposed is not to be
executed by confinement in a penal institution, but
such penalty is of fixed duration, the convict, during
the period of time established in the preceding rules,
shall continue to suffer the same deprivations as those
of which the principal penalty consists
EXCEPTIONS FROM DEATH PENALTY
1. Accused is less than 18 years of age at the time of
commission of offense
2. Accused is more than 70 (seventy years of age)
reduced to reclusion perpetua
3. Upon appeal/automatic review of the case by the
supreme court and 8 justices did not vote to impose
such penalty
4. Upon a woman within three (3) years after date of
the sentence while she is pregnant
5. Upon a convict who became insane after final
sentence
R.A 7659 - Heinous Crimes law approved on
December 16, 1993 and took effect on December 31,
1993. Imposition of Death penalty to Heinous crimes.
R.A 9346 - An Act prohibiting the imposition of
death penalty in the Philippines.
PHILIPPINE CORRECTION SYSTEM
PRE-SPANISH PERIOD
 Tribal and localized
 The highest chief of barangay made laws
after consultation with the elders of the
community.
 Chief of barangay, who had control of all
branches of government acted as the judge
during litigation.
THE PRINCIPALES (headmen) sat as jury.
 There were no prisons to house the
convicted felons.
 Retributive in Character (Death, fines, and
other discretionary ones)
 Slavery or servitude is imposed as a
subsidiary penalty for fines.
CODE OF MARAGTAS
 Allegedly written and compiled by Datu
Sumakwel in 1250;
 Those dealing with laziness, robbery and
child bearing were among the provisions in
the code;
 Thieves and robbers were punished by
mutilating off their fingers and the poor
were prohibited to bear a child more than 2.
KALANTIAW CODE
  Most extensive law in the past promulgated
in 1433.
 This is the governing law of Panay and is
based on beliefs, customs and practices of
those days.
 This code reflects the uprightness and
morality of people.
 Contains 18 articles.
 By Datu Kalantiaw of Panay;
 The unwritten laws consisted of customs and
traditions, which was passed down by
generations to generations.
SPANISH CODIGO PENAL (July 14, 1887)
 Adopted the Roman Law principles
 Before the Spanish Penal Code went into
effect, the highest penalty was imprisonment
in a penitentiary for ten (10) years with
retention (meaning suspension by the king
of the use of any proceeding from
ecclesiastical authority (life character)).
SPANISH PERIOD
 Governor-general had the power to remit
this sentence in the name of the king.
 Before sentence is commuted, he (the
convict) should have exhibited good
conduct.
DURING AMERICAN PERIOD
 GENERAL MERITT- Commander of
American Army, sought to amend pertinent
provisions of Spanish penal code.
 A new correctional penal code was thus
prepared by a commission led by JUDGE
MANUEL ARAULLO as Chairman.
 This was not approved by the Acting
Director G. Thompson despite having
excellent features on the grounds that it
proposed leniency for convicted prisoners.
 JANUARY 14, 1919 - The Philippine Bar
Association released its investigation of the
treatment of prisoners in the penitentiaries.
 They singled out Bartolina and gag.
GULAG
– the term Gulag of Igorot mountain tribe according
to the linguist, refers to a wooden-fence where
convicted felons were imprisoned by the elders.
– At the height of the Banawe Rice-Terraces
construction, the tribe’s chieftain considers it a crime
for any able-bodied male who refuses to work at the
terraces, if found guilty of such idleness, he will be
sent to the Gulag.
GULAG OF GERMANY
– this is infamous Gulag prison of Aleksandr
Solzhenitsyn in Germany, where thousands of Jews
were man-slaughtered during the reign of Adolph
Hitler.
GULAG OF RUSSIA
– this is synonymous for corrective labor camp, a
penal institution established in 1918 after the Russian
Revolution. It was the most feared prison during the
reign of Joseph Stalin on 1934 to 1947.
THE PRESENT CORRECTIONAL SYSTEM
PHILIPPINE CORRECTIONS - Fourth pillar of
the Criminal Justice System
DEPARTMENT OF JUSTICE - It manages the
national prisoners through its offices.
BUREAU OF CORRECTIONS (BuCor) -
Principal task of the rehabilitation of prisoners
confined in national prisons.
DEPARTMENT OF INTERIOR AND LOCAL
GOVERNMENT
It manages inmates undergoing
investigation, awaiting or undergoing trial, awaiting
final judgment and convicted of imprisonment up to
three years.
BUREAU OF JAIL MANAGEMENT AND
PENOLOGY (BJMP) - Jurisdiction over all
municipal, city and district jails nationwide.
DEPARTMENT OF SOCIAL WELFARE AND
DEVELOPMENT
It operates Regional Rehabilitation Center
and assumes responsibility for the restorative part of
the correction system by maintaining centers for the
reformation and restoration of abused women and
Children in conflict with the law.
DETENTION - Restraint of personal liberty or
deprivation of any freedom of action in any
significant manner.
DETAINEE
As defined by the Philippine National Police
(PNP), refers to a person arrested due to commission
of an offense/crime by the arresting unit for custodial
investigation.
LEGAL GROUNDS FOR DETENTION
 Commission of crime
 Violent insanity or other ailment requiring
compulsory confinement in an institution
established for such purpose.
 Arrested suspects covered by Commitment
Order
 Arrested suspects who are under custodial
investigation.
REHABILITATION CENTERS UNDER DSWD
CONCEPT OF REHABILITATION AND
REINTEGRATION FOR C.I.C.L
 REHABILITATION is the process of
rectifying or modifying a child’s negative
attitude and behavior. It enables the child to
change his or her negative behavior into
something positive and acceptable to the
community.
 REINTEGRATION is the process which
promotes or facilitates the acceptance of the
child back to the community.
R.A 9344 (JUVENILE JUSTICE AND
WELFARE ACT OF 2006)
 Whenever detention is necessary, a child
will always be detained in Youth detention
homes established by the government (in the
municipality where the child resides).
 In absence, the child will be committed to
the care of DSWD or local rehabilitation
center. (This center/agency shall be
responsible for child’s appearance in court
when required.
HISTORICAL CONTEXT OF JAIL
KING HENRY II (1166)
Ordered every sheriff to establish a gaol
(pronounced as jail) for the purpose of securing
offenders until they could be brought before the
king’s court.
JAIL
Defined as place of confinement for inmates
under investigation, awaiting or undergoing trial, or
serving short-term sentences.
Administered by Bureau of Jail Management
and Penology and Provincial government with
Warden or Wardress in charged.
INMATES
DETAINEE
It refers to a person accused before a court
or competent authority who is temporarily confined
in jail while undergoing investigation or trial or
awaiting final judgment.
PRISONER - It refers to a person who has been
convicted by final judgment of the court.
JUDGMENT BECOMES FINAL:
• After lapse of the period of perfecting an
appeal
• Sentence has been partially or fully satisfied
or served
• Accused expressly waived in writing his
right to appeal
• Accused filed for probation
JAIL- prisoner have been sentenced to a prison term
of three years and below.
PRISON- Prisoner sentenced to more than three
years.
TYPES OF JAILS
LOCK-UP JAILS
 A security facility common to police
stations, used for temporary confinement of
an inmate held for investigation.
 is a security facility for the temporary
detention of persons held for investigation or
awaiting preliminary hearing.
ORDINARY JAILS
 A type of jail commonly used to detain a
convicted criminal offender to serve
sentences less than three years.
 Houses both offenders awaiting court action
and those serving short sentences usually up
to three (3) years.
WORKHOUSES, JAIL FARM, CAMP HOUSES
 A facility that houses minimum custody
offenders who are serving short sentences.
 It provides full employment of prisoners,
remedial services and constructive leisure
time activities.
 Detains minimum custody prisoners with
constructive work programs.
PROVINCIAL JAILS
 104 jails are under supervision and control
of the provincial government.
 A provincial jail is headed by a
PROVINCIAL WARDEN/WARDRESS
duly appointed by the Provincial Governor.
 1910- First Provincial Jail System was
established under American Regime
BUREAU OF JAIL MANAGEMENT AND
PENOLOGY
 R.A 6975
 The BJMP was created on January 2,
1991replacing Office of Jail Management and
Penology.
 district, city, and municipal jails
 R.A 9263 - Redefined many of the BJMP’s
existing policies and restructured its
organization.
BJMP ORGANIZATIONAL SET-UP AND
RESPONSIBILITIES
CHIEF, BJMP
 The BJMP is headed by a Chief who is
assisted by two Deputy Chiefs
(Administration and Operation).
  Appointed by the President upon the  All administrative bodies or persons
recommendation of Secretary, DILG. authorized by law
 With rank of at least Senior
Superintendent. FOUR (4) MAIN CLASSES OF PRISONERS
 Carries the rank of DIRECTOR and   Insular prisoner – one who is sentenced to a
serves a tour of duty that must not prison term of three (3) years and one (1) day to
exceed four (4) years. death.
  Provincial prisoner – one who is sentenced
REGIONAL OFFICE to a prison term of six (6) months and one (1)
BJMP operates and maintains Regional day to three (3) years.
Offices in each of the administrative regions of the   City prisoner – one who is sentenced to a
country headed by a Regional Director with the rank prison term of one (1) day to three (3) years.
of at least Senior Superintendent.   Municipal prisoner – one who is sentenced
to a prison term of one (1) day to six (6) months.
PROVINCIAL JAIL ADMINISTRATOR’S
OFFICE CLASSIFICATION OF SENTENCED
 Headed by a Provincial Jail PRISONERS ACCORDING TO PD 29
Administrator, with rank of   Insular/national prisoner – sentence to serve
Superintendent to oversee the a prison term of over three (3) years or to a fine
implementation of jail services of all of more than six thousand pesos (P6,000) or
district, city and municipal jails within both.
its territorial jurisdiction.   City/provincial prisoner – sentenced to serve
less than three (3) years but over six (6) months
DISTRICT JAIL or to a fine less than six thousand pesos (P6,000)
 Within large cites or a group of clustered but more than two hundred pesos (P200) or both.
municipalities.   Municipal prisoner – sentenced to serve less
 Headed by a District Warden, with a rank of than six (6) months or to a fine of not more than
Superintendent. two hundred pesos (P200).

REQUIREMENTS FOR COMMITMENT

CITY OR MUNICIPAL JAILS
 Municipal Warden should have the rank of
Senior Inspector
 City Jail Warden- should have the rank of
Chief Inspector
CLASSIFICATION PROCESS
 Admission of Inmate - Once the inmate has
undergone the registration process; he/she will be
temporarily housed at the Inmate Classification
and Counseling Unit (ICCU) in jails where it is
available. The inmate shall stay at the ICCU for a
minimum period of thirty (30) days but not
exceeding sixty (60) days or until the completion
of the classification process. At the ICCU, the
newly committed inmate will undergo
assessment by the different health professionals.
ENTITIES AUTHORIZED TO COMMIT A
PERSON IN JAIL
 Supreme Court
 Court of Appeals
 Sandiganbayan
 Regional Trial Court
 Metropolitan/Municipal Trial Court
 Municipal Circuit Trial Court
 Congress
 Commitment Order
 Medical Certificate
 Complaint / Information
 Police Booking Sheet
PRISON ADMISSION PROCEDURES AND
CLASSIFICATION OF INMATES
 Receiving;
 Checking of Commitment papers/Mittimus;
 Identification;
 Searching; and
 Briefing and Orientation.
RECEPTION PROCEDURES
a. The jail desk officer carefully checks the
credentials of the person(s) bringing in the inmate to
determine his/her/their identity and authority.
b. The jail desk officer carefully examines the arrest
report and the authenticity of the commitment order
or mittimus in due form to determine whether the
inmate has been committed under legal authority
c. Person arrested by virtue of a warrant of arrest
must secure a commitment order from the court
where the warrant of arrest is issued before he can be
committed to jail.
d. The admitting jail officer all cash and other
personal property from the inmate, lists them down
on a receipt from in duplicate, duly signed by him /
her and countersigned by the inmate.
e. All cash and other valuables of the inmate must be
turned over to the property custodian for safekeeping
and covered by official receipts.
f. The inmate is then fingerprinted and photographed.
g. The admitting jail officer accomplishes a jail
booking report attaching, there to the inmate’s
photograph for reference.
h. The newly admitted inmate shall be thoroughly
strip-searched.
i. The jail medical personnel or the local health
officer immediately conducts a thorough medical
examination of the inmate.
j. A medical record is accomplished by the jail
medical personnel or local health officer, showing the
condition of the inmate at the time of admission and
to include, if possible, his / her medical history.
k. Upon commitment, the inmate should be briefed or
oriented on the jail rules and regulation by the chief
custodial officer or the officer of the day prior to
classification and segregation
l. The sentenced inmates shall be provided with jail
clothing.
m. The warden establishes and maintains a record of
all inmates, consisting of information on the inmate’s
name and alias, if any
n. Upon completion of the reception procedures, the
detainee is assigned to his / her quarters.
o. The detainee should be issued all the materials that
he / she will be using during his/her confinement if
such materials are available.
p. Upon receipt of a detainee, he/she shall be
apprised, preferably in the dialect which he/she
understands, that under Article 29 of the Revised
Penal Code, as amended by the Republic Act No.
6127, his/her preventive imprisonment
q. If the inmate agrees to abide by the same
disciplinary rules imposed upon convicted inmates,
he / she shall be asked to sign a detainee’s
manifestation otherwise, the warden issues a
certification under oath.
r. The warden submits the detainee’s manifestation or
certification as the case may be, to the proper court
before the date set for the arraignment of the inmate
s. Full credit for the preventive imprisonment shall
commence from the date of the detainee’s
manifestation.
CLASSIFICATION BOARD
 one chairman and four members
 The Classification Board is tasked to
conduct background investigation of inmates
to determine the work assignment, type of
supervision and degree of custody and
restrictions under which an inmate must live
in jail.
DISCIPLINARY BOARD
 one chairman and five members
 A disciplinary Board shall be organized and
maintained by jails for the purpose of
hearing disciplinary cases involving any
inmate who violate jail rules and regulations.
 If the above composition is not feasible
because of personnel limitations, the
Warden shall perform the Board’s functions
as a Summary Disciplinary Officer
 All cases referred to it shall be heard and
decided within forty-eight (48) hours from
the date of receipt of the case.
AUTHORIZED DICIPLINARY PUNISHMENT
FOR INMATES
1. Reprimand;
2. Temporary or permanent cancellation of some or
all recreational privileges;
3. Cancellation of visiting privileges;
4. Extra-fatigue duty for sentenced inmates;
5. Confinement in a cell, provided that this
punishment shall be imposed only in the case of an
incorrigible inmate, when other disciplinary measures
had been proven ineffective; and
6. Transfer to another BJMP jail in the area, in
coordination with the court.
The Disciplinary Board may recommend to
the Warden partial or full forfeiture of Good Conduct
Time Allowance (GCTA) to be earned for that month
and subsequent months depending upon the gravity
of the offense.
LIMITATIONS ON DICIPLINARY
PUNISHMENT FOR INMATE
 No pregnant inmate or one who breastfeeds
a baby shall be subjected to any disciplinary
punishment.
 No infirmed or handicapped inmate shall be
meted out punishment which might affect
his / her health or physical well-being.
 Corporal punishment, confinement in dark
or inadequately ventilated cells and any
form of cruel, unusual, inhuman degrading
punishment are absolutely prohibited.
 Whenever the penalty of extra-fatigue duty
or solitary confinement imposed may affect
the health of the inmate, he / she shall be
made to undergo medical examination to
determine his / her physical fitness to serve
his / her punishment.
 When necessary, the Jail Physician shall
visit the inmates undergoing punishment and
shall advise the Warden for the termination
of the punishment on grounds of physical or
mental health.
  Instruments of restraint, such as handcuffs,
leg irons and straitjackets are not to be
applied as the form of punishment
 Breaches of discipline shall be handled
objectively and decisions shall be executed
firmly and justly.
 As a general rule, every violation of
discipline shall be dealt with accordingly.
PROCEDURES IN THE HEARING OF
DISCIPLINARY CASES
a. The aggrieved inmate informs any member of the
custodial force of the violation; the latter in, turn
officially reports the matter to the Desk Officer.
b. The desk officer simultaneously informs the
Warden and shall immediately cause the
investigation.
c. The Warden evaluates the report if he / she
believes that there is no sufficient evidence to support
the alleged violation, he / she shall dismiss the case.
If sufficient evidence exist, he / she shall
decide the case and impose the necessary penalty in
case of minor violations.
If the offense is less grave or grave, he / she
shall endorse it to the Disciplinary Board for hearing
or decide it him / herself as a Summary Disciplinary
if there is No Disciplinary Board.
d. The inmate shall be confronted of the reported
violation and asked how he / she pleads to charge. If
he / she admits the violation or pleads guilty, the
Board of the Warden, as the case may be, shall
impose the corresponding punishment
e. If the inmate denies the charge, the hearing shall
commence with the presentation of evidence and
other witnesses by the Desk Officer.
f. After hearing, the Board decides the case on the
merits
g. Whether the inmate is found guilty or not, he / she
should be advised to obey the rules and regulations
strictly and be reminded that good behavior is
indispensable for his / her early release and / or
granting of privileges
h. Decisions of the Board or Summary Disciplinary
Officer are subject to review and approval by the
warden and/ or higher authority, respectively.
TREATMENT OF INMATES WITH SPECIAL
NEEDS
 female
 drug users/dependents/addicts
 alcoholics
 mentally-ill
 sex deviates
 suicidal inmates
 handicapped, aged and infirmed
 non-Philippine citizen
DINING ROOM SECURITY
MAIL CENSORSHIP
MOVEMENT OR TRANSFER OF INMATES
LEAVES FROM JAIL
 Leaves from jail shall be allowed only on
very meritorious cases, like the following:
Death or serious illness of spouse, father,
mother, brother or sister, or children; and
 Inmates who are seriously ill/injured may be
given leave for hospitalization or medical
attendance under proper escort.
PUNISHABLE ACTS:
Minor Offenses
 Selling or bartering with fellow inmate (s)
those items are not classified as contraband.
 Rendering personal service to fellow
inmates;
 Untidy or dirty personal appearance
 Littering or failing to maintain cleanliness
and orderliness in his / her quarters and / or
surroundings
 Making frivolous or groundless complaints
 Taking the cudgels for or reporting
complaints on behalf of other inmates
 Late in formation during inmate headcount
without justifiable reason
 Willful waste of food
Less Grave Offense
 Failure to report for work detail of sentenced
inmates without sufficient justification
 Failure to render assistance to an injured
personnel or inmate
 Failure to assist in putting out fires inside
the jail
 Behaving improperly or acting boisterously
during religious, social and other group
functions
 Swearing, cursing or using profane or
defamatory language directed at other
persons
 Malingering or pretending to be sick to
escape work assignment
 Spreading rumors or malicious intrigues to
besmirch the honor of any person,
particularly BJMP personnel
 Failure to stand at attention and give due
respect when confronted by or reporting to
any BJMP personnel
 Forcing fellow inmates to render personal
service for him / her and / or to others
 Exchanging uniforms or wearing clothes
other than those issued to him / her for the
purpose of circumventing jail rules
 Loitering or being in an authorized place
 Using the telephone without authority from
the Desk Officer / Warden
 Writing, defacing, or drawing on walls,
floors or any furniture or equipment
  Withholding information which may be
inimical or prejudicial to the jail
administration
 Possession of lewd or pornographic
literature and / or photographs
 Absence from cell, brigade, place of work
during headcount, or at any time without
justifiable reason and
 Failure to turn over any implement / article
issued after work detail
Grave Offense
 Making untruthful statements or lies in any
official communication, transaction, or
investigation
 Keeping on concealing keys or locks of
places in the jail which are off-limits to
inmates
 Giving gifts, selling, or bartering with jail
personnel
 Keeping in his her possession money,
jewelry, cellular phones or other
communication devices and other items
classified as contraband under the rules
 Tattooing others or allowing him / her to be
tattooed on any part of the body, or keeping
any paraphernalia to be used in tattooing
 Forcibly taking or extorting money from
fellow inmates and visitors
 Punishing or inflicting injury or any harm
upon him / herself or other inmates
 Receiving, keeping, taking or drinking
liquor and prohibited drugs
 Making, improvising or keeping any kind of
deadly weapon
 Concealing or withholding information on
plans of attempted escapes
 Unruly conduct and flagrant disregard or
discipline and instructions
 Escaping, attempting or planning to escape
from the institution or from any guard
 Helping, aiding or abetting others to escape
 Fighting, causing any disturbance or
participating therein and / or agitating to
cause such disturbance or riot
 Indecent, immoral or lascivious acts by
him / her or others and / or allowing him /
herself to be the subject to such indecent,
immoral or lascivious acts
 Willful disobedience to a lawful order issued by
any BJMP personnel.
 Assaulting any BJMP personnel
 Damaging any government property or
equipment
 Participating in kangaroo court, an unauthorized
or irregular court conducted with disregard for or
perversion of legal procedures as a mock by the
inmates in a jail / prison.
 Affiliating with any gang or faction whose main
purpose is to foment regionalism or to segregate
themselves from others
 Failing to inform the authorities concerned when
afflicted with any communicable disease
 Engaging in gambling or any game of chance
 Committing any act which is an violation of any
law or ordinance
 Committing any act prejudicial to good order and
discipline
QUICK RESPONSE TEAM
 It is created purposely to respond immediately
and efficiently and to contain, control, and solve
in the shortest possible time any form of jail
incidents/disturbance while waiting for the
arrival of reinforcement from the
National/Regional STAR team/s and friendly
forces.
 It is imperative that all jails nationwide have
Quick Response Team/s (QRT). As first
responders, members of the QRT must undergo
trainings and seminars for them to be equipped
with the knowledge and skills in jail incident
management.
SPECIAL TACTICS AND REPONSE (STAR)
TEAM
 It is an elite tactical unit trained to perform high-
risk operations that falls outside the operational
abilities of the regular BJMP personnel and is
equipped with specialized skills and
sophisticated firearms and equipment.
RIOTS OR DISTURBANCE 
 1ST GROUP – anti-riot assault contingent who
shall be armed with wicker shields, protective
headgear, gas masks and night sticks or batons.
 2ND GROUP – the back-up force of the 1st
group who shall be equipped with tear gas, guns
and gas grenades.
 3RD GROUP – composed of guards who are
trained in the proper handling and use of
firearms.
Proselytize - to induce someone to convert to one's
faith
PRISON
 Came from the Latin “carcer” literally “to
seize”
 These are correctional facilities for longer
term incarceration
 Administered by the Bureau of Corrections
under Department of Justice.
PENAL COLONY
  Came from the Latin “colonia” literally
“colonist/farmer”
 A settlement used to exile prisoners and
separate them from the general populace by
placing them in a remote location
EVOLUTION OF PRISON SYSTEM
 Informal prison system was community-
based, as there were no national
penitentiaries to speak of.
 Natives who defied or violated the local
laws were meted appropriate penalties by
the local chieftains.
SPANISH REGIME
 SEC 1708, R.A.C and formally opened by
Royal Decree in 1865
 Old Bilibid Prison in Oroquieta Street,
Manila.
 Carcel y Presidio Correccional
 Occupied a rectangular piece of land, part of
the May Halique Estate in the heart of
Manila
 Reorganization Act 1407 on Nov 1, 1905
 Carcel y Presidio Correccional
 Old Bilibid Prison in Oroquieta Street,
Manila.
 Occupied a rectangular piece of land, part of
the May Halique Estate in the heart of
Manila
 Creation of Bureau of Prisons under
Department of Commerce and Police.
BUREAU OF CORRECTIONS
 An integral bureau of the DOJ mandated to
carry out the institutional rehabilitation
programs of the government for national
offenders or those who are sentenced to
more than three (3) years of imprisonment
and to ensure their safe custody.
 Oversees operations of seven (7) prisons
R.A 10575 (May 24, 2013)
 The Bureau of Corrections Act of 2013
 The law seeks to provide for the
modernization, professionalization and
restructuring of the personnel, upgrading the
level of qualifications of their personnel and
standardizing their base pay, retirement and
other benefits.
 Headed by a Director who shall be assisted
by three (3) Deputy Directors: one (1) for
administration, one (1) for security and
operations and one (1) for reformation.
 Appointed by the President upon the
Recommendation of the Secretary of the
DOJ.
 Officers in Command. The Head of the
BuCor, with the rank of Undersecretary,
shall have the position and title of Director
General of Corrections and shall bear the 3
star rank insignia for the present personnel
strength of the agency.
PRISON FACILITIES
1. THE NEW BILIBID PRISON
 The Bilibid Prison was the main insular
penitentiary during the Spanish regime. This
was constructed in 1847 and was formally
inaugurated in 1865 by virtue of the Royal
Decree of the Spanish Crown. This is
located at the then famous “May Haligue
Estate” at nearby Central Market. This was
constructed in radical spokes-of-a-wheel
form with a tower in the center spoke for
easy command and control. In 1936, the City
of Manila exchanged its Muntinlupa
property with that of the Bureau of Prison
lot, the Muntinlupa property was intended as
a site for Boys Training School, but because
it was too far, the City preferred the site of
the Old Bilibid Prison, the present site of
Manila City Jail.
 Due to increasing crime, the Philippine
government enacted Commonwealth Act
No. 67 and a new prison was built in
Muntinlupa.
 The remnants of the old facility was used by
the City of Manila as its detention center
then known as Manila City Jail.
 NBP is the central office.
 NEW BILIBID PRISON, Muntinlupa City
(Approximately 552 hectares) – this is
where the Bureau of Corrections Central
Office. Within the complex are the three (3)
security camps administered by a Penal
Superintendent and assisted by as Asst.
Superintendent in each Camp.
The thee (3) security camps are:
 MAXIMUM SECURITY COMPOUND is
for prisoners whose sentences are 20 years and
above, life termers or those under capital punishment,
those with pending cases, those under disciplinary
punishment, those whose cases are on appeal, those
under detention, and those that do not fall under
medium and minimum security status.
 18-25 ft.(walls)
 Tangerine uniform
 MEDIUM SECURITY COMPOUND
(also known as Camp Sampaguita) is for prisoners
whose sentences are below 20 years (computed from
the minimum sentences per classification
interpretation) and those classified for colony
assignment.
 2.5 kilometers from the main building;
 Where Youth Detention Center is located;
and
 12-14 ft.
 Blue Uniform
 MINIMUM SECURITY COMPOUND
(also referred to as Camp Bukang Liwayway) is an
open camp with less restrictions and regimentation.
This is for prisoners who are 65 years old and above,
medically certified as invalids and for those prisoners
who have six months or less to serve before they are
released from prison.
 the lethal injection chamber is also located
here.
 8-12 ft
 Brown uniform
2. CORRECTIONAL INSTITUTION FOR
WOMEN
 The only female institution in the
Philippines
 November 27, 1929
 Started by a Prison Director Ramon Victorio
 Since 1934, a female Superintendent was
assigned to supervise the prison facility.
 R.A 3579
 Welfare Ville Compound, Nueva Nueve de
Pebrero, Mandaluyong City
 Year established: 1931
 By virtue of: Act 3579 which was passed on
Nov. 27, 1929
 Vocational activities: Dress making, beauty
culture, handicrafts
3. DAVAO PRISON AND PENAL FARM
 Act 3732 - was formally established on
January 21, 1932
 First penal settlement founded and organized
under Filipino Administration.
 The settlement, which originally had an area
approximately 30,000 hectares in the
districts of Panabo and Tagum.
 Abaca
 With two sub-colonies:
 Panabo sub-colony
 Kapalong sub-colony
 Administer the Tanglaw Settlement for those
inmates who desire to live within the
compound.
4. IWAHIG PRISON AND PENAL FARM
o Largest operating institution under the
BuCor, was established on Nov. 16, 1904 in
Puerto Princesa City, Palawan
o The establishment of this penal facility was
made on the suggestion of Gov. Luke E.
Wright.
o First Superintendent Lt. George Wolfe
o envisioned as an institution for incorrigible
criminals, however, the first contingent of
prisoners to be confined revolted against the
authorities.
o On November 1, 1905 under the
Reorganization Act 1407, the policy was
changed, instead of putting hardened
criminals, well behaved and obedient
inmates were sent to the colony.
o The farm is predominantly designed for
agro-industrial activities.
o Iwahig is subdivided into four zones or
districts:
 Central sub-colony with an area of 14,700 hectares;
 Sta. Lucia with 9,685 hectares;
 Montible with 8,000 hectares and
 Inagawan with 13,000 hectares. (Originally had 22
acres)
o All these colonies are administered by a
Penal Supervisor
o It administers the Tagumpay Settlement,
which is approximately 1, 000 hectares, with
six hectares homestead lots distributed to
inmates who desired to live in the settlement
after service of sentence.
o Recognized as the first and most successful
OPEN PENAL INSTITUTION of the world.
 Date established: Nov. 16, 1904
 By virtue of: Reorganization Act of 1407
 Land area: Approximately 36, 000 hectares
 Principal product: rice, corn, copra and other forest
product
5. SABLAYAN PRISON AND PENAL FARM
 This penal farm is intended for agro-
industrial activities
 Located in Occidental Mindoro established
on September 26, 1954 under Proclamation
Number 72.
 The penal colony has a total land area of
approximately 16,190 hectares.
 With four sub-colonies within the prison
compound:
1. Central sub-colony
2. Pusog sub-clony
3. Pasugui sub-colony
4. Yapag sub-colony
HORTICULTURE is the main line of
production, private sectors participation is
encouraged thru joint ventures in rice and corn areas
and upland for cash crops.
 Land area: Approximately 16, 408.5
hectares
 By virtue of: Proclamation no. 72
 Date established: Sept. 27, 1954
 Principal product: Rice
6. SAN RAMON PRISON AND PENAL FARM
 It is located at Southern Zamboanga
  Considered as the oldest penal facility in the
country.
 founded by Capt. Ramon Blanco, a member
of the Spanish Royal Army and named the
prison facility after his patron saint. This
was initially intended for the confinement of
political prisoners during Spanish era. It was
closed during the Spanish-American War
and was reopened during the American
occupation. It has three facilities (maximum,
medium, minimum). The penal farm was
designed to promote agro-industrial
activities.
 Land area: Approximately 1, 546 hectares
 Principal product: Copra, rice, coffee, etc.
 Year established: 1869 – 1870
7. LEYTE REGIONAL PRISON
 This was created on January 16, 1973.
 The Leyte Regional Prison, situated in
Abuyog, Southern Leyte, was established a
year after the declaration of martial law in
1972 by virtue of Presidential Decree No.
28.
 It is a prison facility, which has a receiving
and process station.
 It has three security facilities – maximum,
medium, minimum.
 Because of its terrain, prison agro-industrial
activities could not be fully developed.
BUREAU OF CORRECTIONS OPERATING
PROCEDURE
ADMISSION AND CONFINEMENT OF
INMATES
1. INMATE RECEPTION AND EDUCATION
CENTER
 formerly known as the Reception Diagnostic
Center (RDC)
 a prison facility within the Medium Security
Compound of the New Bilibid Prison.
 It receives all newly committed national
male prisoners and it is the entry point of all
incoming prisoners who will be subjected to
classification and distribution to the
operation institutions.
2. QUARANTINE
 An inmate shall be placed in quarantine for
at least five days.
 Physical examination to determine any
physical illnesses, or handicapped or
illnesses.
 Oriented with prison rules
 Interviewed by a counselor, social worker,
or other program. Conducted in private.
ASSIGNMENT OF INMATE
 The inmate shall remain in the RDC for
period not exceeding 55 days where he shall
undergo psychiatric, psychological,
sociological, vocational, educational, and
religious and other examinations.
 The results shall be the basis for inmate’s
individualized treatment program.
ADMISSION
An inmate shall be admitted in the RDC of a prison
upon presentation of the following documents:
 Mitimus/Commitment Order of the Court
 Information and Court decision in the case
 Certificate of detention
 Certificate that the case of the inmate is not
on appeal
ADMISSION PROCESS
a. After registration, the inmate shall be
photographed, front and side view, fingerprinted, and
assigned a permanent prison number.
b. An inmate may not wear a wig or artificial
hairpiece, unless medical authorization to do so is
approved by the Superintendent.
c. Body Search of an Inmate or Personal
Effects
d. Confiscation of Contraband
e. Issuance of Uniforms
f. Personal Effects of Inmate g.
Wearing of Jewelry
CLASSIFICATION OF PRISONERS
Super-Maximum-Security Prisoners
Special group of prisoners composed of
incorrigible, intractable, and highly dangerous
persons.
They wear orange uniform.
Maximum Security Prisoners
 Could be dangerous to the public or to the
security of the state thereby;
 Movements are restricted;
 Regarded as highly dangerous;
 They are not allowed to work outside the
institution but rather assigned to industrial
shops within the prison in the compound;
 Confined at the Maximum Security Prison
(NBP Main Building); and
 They wear orange color of uniform.
 Sentenced to death;
 20 years minimum sentence;
 Remanded inmates or detainees with 20
years minimum sentence;
  Sentence under appeal/Sentence under
review by the Supreme Court;
 Those with pending cases;
 Recidivist, Habitual delinquents and
Escapees;
 Those under disciplinary punishment or
safekeeping;
 Criminally insane or with severe personality
disorder or emotional disorder; or
 Inmates still confined at RDC
Medium Security Prisoners
 Prisoners whose minimum sentence are less
than 20 years
 They cannot be trusted in open condition
and posses lesser danger than the maximum.
 They may be allowed to work outside the
fence or walls of the penal institution, but
under guards or escorts.
 They occupy the Medium Security Prison
(Camp Sampaguita).
o They wear blue uniform.
Minimum Security Prisoners
 are prisoners who can be reasonably trusted
to serve their sentence in open conditions.
 Those that have been processed and
recommended by the Reclassification Board
to be downgraded from maximum to
medium security or upgraded from
minimum to medium security. This includes
first offenders who have serve 5 years of
good conduct in maximum security
facilities.
 They can be reasonably trusted to serve
sentence under open conditions without the
presence of guards.
 They occupy the Minimum Security Prison
(Camp Bukang Liwayway).
 They wear brown color uniforms.
Color of Uniforms of Inmates as to Security
Classification
Maximum Security – tangerine/orange
Medium Security – blue
Minimum Security – brown
Detainee - gray
CLASSIFICATION OF INMATES AS TO
ENTITLEMENT OF PRIVILEGES
1.DETAINEE
Confined in prison pending preliminary
investigation, trial or appeal; Or upon legal process
issued by competent authority.
2. THIRD CLASS INMATE
One who has either been previously
committed for three or more times as a sentenced
inmate; Except those imprisoned for nonpayment of
fine and those who had been reduced from a higher
class.
3. SECOND-CLASS INMATE
A newly arrived inmate, an inmate demoted
from first class or one promoted from the third class.
4. FIRST CLASS INMATE
One whose known character and credit for
work while in detention earned assignment to this
class upon commencement for sentence/promoted
from second class
5. COLONIST
 The DIRECTOR may, upon the
recommendation of the Classification Board,
classify an inmate who has the following
classification as a colonist:
 Be at least a first-class inmate and has
served one year immediately preceding the
completion of period specified.
 Has served imprisonment with good conduct
for a period equivalent to one fifth of the
maximum term of his prison sentence or
seven years in case of a life sentence.
PRIVILEGES OF A COLONIST
 Credit of an additional GCTA of five days
for each calendar month while he retains
said classification aside from the regular
GCTA authorized.
 Automatic reduction of the life sentence
imposed on the colonist to a sentence of 30
years
 Subject to approval of Director, to have his
wife and children or woman he desires to
marry, live with him in the prison or penal
farm.
 As a special reward to a deserving colonist,
the issuance of a reasonable amount of
clothing
 To wear civilian clothes on such special
occasions as may be designated by the
Superintendent.
o Husband and wife inmates may be
allowed to serve their sentence
together in a prison or penal farm
as soon as both is classified as
colonists.
INMATES SECURITY CLASSIFICATION
The following are the classifications of inmates
according to security risk each may pose:
High Profile Inmate - those who require increased
security based on intense media coverage or public
concern as a result of their offense such as but not
limited to those who have been involved in a highly
controversial or sensationalized crime or those who
became prominent for being a politician, government
official, multi-million entrepreneur, religious or
cause-oriented group leader and movie or television
personality.
High Risk Inmate - those who are considered
highly dangerous and who require a greater degree of
security, control and supervision because of their
deemed capability of escape, of being rescued, and
their ability to launch or spearhead acts of violence
inside the jail. This includes those charged with
heinous crimes such as murder, kidnapping for
ransom, economic sabotage, syndicated or organized
crimes, etc. Also included are inmates with military
or police trainings or those whose life is in danger or
under imminent threat.
High Value Target (HVT) - a target, either a
resource or a person, who may either be an enemy
combatant, high ranking official or a civilian in
danger of capture or death, typically in possession of
critical intelligence, data, or authority marked as an
objective for a mission and which a commander
requires for the successful completion of the same.
Security Threat Group - any formal or informal
ongoing inmates’ group, gang, organization or
association consisting of three or more members
falling into one of the following basic categories:
street gangs, prison gangs, outlaw gangs, traditional
organized crime, aboriginal gangs, subversive groups
and terrorist organizations
Subversive Group - a group of persons that adopts
or advocates subversive principles or policies tending
to overthrow or undermine an established
government.
Terrorist Group - a group of persons that commits
any of the following: piracy and mutiny in the high
seas or in the Philippine waters, rebellion or
insurrection, coup d’état, murder, kidnapping and
serious illegal detention, crimes involving
destruction, arson, hijacking, violation of laws on
toxic substances and hazardous and nuclear waste
control, violations of atomic energy regulations, anti-
piracy and antihighway robbery, illegal and unlawful
possession, manufacture, dealing in, acquisition or
disposition of firearms, ammunitions or explosives.
Violent Extremist Offender (VEO) - a person
whose political or religious ideologies are considered
far outside the mainstream attitudes of the society or
who violates common moral standards and who has
adopted an increasingly extreme ideals and
aspirations resorting to the employment of violence
in the furtherance of his/her beliefs.
Medium Risk Inmates -those who represent a
moderate risk to the public and staff. These inmates
still require greater security, control and supervision
as they might escape from and might commit
violence inside the jail.
Minimum Risk Inmates (Ordinary Inmates) -
those inmates who have lesser tendencies to commit
offenses and generally pose the least risk to public
safety. In most cases, they may be first time offenders
and are charged with light offenses.
IMPORTANT TERMINOLOGIES:
COMPETENT AUTHORITY – refers to the
Supreme Court, Court of Appeals, Regional Trial
Court, Metropolitan Trial Court, Municipal Trial
Court, Municipal Circuit Trial Court, Sandigan
Bayan, Military Courts, House of Representatives,
Senate, Commission on Elections, Bureau of
Immigration and Deportation and Board of Pardons
and Parole.
CARPETA – refers to the institutional record of an
inmate which consist of his mittimus/commitment
order, the prosecutor’s information and the decision
of the trial court, including the appellate court, if any.
COMMITMENT – the entrusting for confinement
of an inmate to a jail by competent authority for
investigation, trial and/or service of sentence.
CORRECTIONS – is that branch of administration
of criminal justice charged with responsibility for the
custody, supervision, and rehabilitation, of the
convicted offender.
– the combination of public and private
services with legal authority to provide for the care,
custody and control of those accused convicted of a
criminal or status offense.
– the program, services, and institutions
responsible for those individuals who are accused or
convicted of criminal offenses.
CLASSIFICATION
– refers to the assigning or grouping of inmates
according to their sentence, gender, age, nationality,
health, criminal records, etc.
– a method by which diagnosis, treatment,
planning and execution of treatment programs are
coordinated to an individual.
– the process of assigning inmates to types of
custody or treatment programs appropriate to their
needs.
COMMITMENT ORDER – a written order of the
court or any other competent authority consigning an
offender to a jail or prison for confinement.
CONTRABAND – any article, item, or thing
prohibited by law and/or forbidden by jail rules.
CORPORAL PUNISHMENT – the infliction of
physical pain as a form of punishment.
DETAINEE – person who is confined in prison
pending preliminary investigation, trial or appeal; or
upon legal process issued by the competent authority.
– a person accused before a court or
competent authority who is temporarily confined in
jail while undergoing investigation, awaiting final
judgment.
DEATH CONVICT – refers to an inmate death
penalty/sentence imposed by the Regional Trial Court
is affirmed by the Supreme Court.
DIVERSIFICATION – administrative device of
correctional institutions of providing varied and
flexible types of physical plants for more effective
control of treatment programs of its diversified
population.
DIVERSION – establishment of alternatives to
formal justice system such as deferred prosecution,
resolution of citizen’s dispute, and treatment
alternative to street crimes.
DEINSTITUTIONALIZATION – a crime strategy
that focuses on keeping the offenders in the
community rather than placing them in long-term
institution.
ESCAPE – an act of getting out unlawfully from
confinement or custody by an inmate.
– Evasion of service of sentence (Art. 157,
RPC)
INSTRUMENT OF RESTRAINT – a device,
contrivance, tool, or instrument used to hold back,
keep in, check, or control an inmate; e.g. hand cuffs,
leg irons
JAIL – a place of confinement for inmates under
investigation, awaiting or undergoing trial or serving
sentence.
– is a building or place of confinement of
arrested or sentenced persons. It is usually made up
of cells which are made up of small rooms or
enclosures where prisoners are actually kept or
confined (People vs. Caricaban, 13672-CR, Sept. 9,
1965)
MITTIMUS – a warrant issued by a court bearing its
seal and the signature of the judge, directing the jail
or prison authorities to receive inmates for custody or
service of sentence imposed therein.
OPERATION GREYHOUND - Operation
conducted by the BJMP where a prisoner maybe
checked at any time. His beddings, lockers and
personal belongings may also be opened at anytime,
in his presence, whenever possible.
A procedure that is conducted in jail and in prison
where an inmate upon arrival at the place of
confinement will be stripped out for search of
contrabands.
PENANCE – an ecclesiastical punishment inflicted
by an ecclesiastical court for some spiritual offense.
PENAL SERVITUDE – a punishment, which
consist of keeping an offender in confinement and
compelling him to labor.
PENALTY – is the suffering that is inflicted by the
state for the transgression of the law.
PENITENTIARY – a prison, correctional
institution, or other place of confinement where
convicted felons are sent to serve out the term of their
sentence.
PENOLOGY – a branch of criminology, which deals
with management and administration of inmates.
– the science of prison management and
rehabilitation of criminals (Black’s Law Dictionary)
PRISON – a public building or other place for the
confinement of person, whether as a punishment
imposed by the law or otherwise in the course of the
administration of justice
– (as defined in the Bureau of Corrections
Operating Manual) it also refers to a penal
establishment under the control of the Bureau of
Corrections and shall include the New Bilibid Prison,
the Correctional Institution for Women, Leyte
Regional Prison, and the Davao, San Ramon,
Sablayan, and Iwahig Prison and Penal Farms.
–
PRISON RECORD – refers to information
containing an inmate’s personal circumstances, the
offense he committed, the sentence imposed, the
criminal case numbers in the trial appellate courts,
the date he commenced service of his sentence, the
date he was received for confinement, the place of
confinement, the date of expiration of his sentence,
the number of previous conviction, if any, and his
behavior and conduct while in prison.
PRISONER – an inmate who is convicted by final
judgment and classified as insular, provincial, city, or
municipal prisoner.
PUNISHMENT – infliction of some sort of pain on
the offender for violating the law.
REHABILITATION – a program of activity
directed to restore an inmate’s self-respect thereby
making him a law-abiding citizen after serving his
sentence.
– to change an offender’s character, attitude or
behavior patterns so as to diminish his or her criminal
propensities.
SAFEKEEPING – the temporary custody of a
person for his own protection, safety, or care; and/or
his security from harm, injury or danger for the
liability he has committed.
DETERMINATE SENTENCE – a fixed period of
incarceration imposed on the offender by the court.
INDETERMINATE SENTENCE – sets minimum
and maximum period of incarceration.
PRESUMPTIVE SENTENCING – an alternative to
limit sentencing disparity which sets minimum
average and maximum terms allowing the judge to
select a term based on the characteristics of the
offender and aggravating circumstances.
SENTENCING DISPARITY – divergence in the
type and length of sentence imposed for the same
crime with no evidence reason for the difference.
SELECTIVE INCAPACITATION – the doctrine
of isolating the offender or causing social
disablement proposed adopting a policy of
incarcerating those whose criminal behavior is so
damaging or probable that short of isolation will
prevent recidivism.
SHOCK PROBATION (1865, Ohio) – a deterrence-
based sentence to prison, designed to give the
offender a taste of incarceration in the belief that this
will deter future criminal activity.
PRISONIZATION – process by which an inmate
learns through socialization; the rules and regulation
of the penitentiary culture.
COED INSTITUTION – or co-correctional
institution which hold both male and female
offenders who interact and share the facility except
for sleeping areas. They study, eat, dance, work and
engage in leisure activities within one campus.
STATUS OFFENSE – behavior or conduct that is an
offense only when committed by juvenile.
BLUE-FLU – the practice of uniformed personnel of
taking sick leave EN MASSE to back-up their
demands for improved working conditions, salary
increments, and other items on their agenda.
CONVICT BOGEY – society exaggerated fear of
the convict and ex-convict which is usually far out of
proportion to the real danger they present.
FURLOUGH – authorization that permits inmate to
leave containment, for emergency family crises,
usually accompanied by correctional officer. Crises
include “death bed”.
WEEK-END CONFINEMENT – offender are
allowed to retain current employment and permit
sentences to be served during weekends.
HALF-WAY HOUSES – are non-confining
residential facilities for adjudicated adults or juvenile
or those subject to proceedings. They are alternative
to containment for person not suited for probation
that need period for re-adjustment to the community
after imprisonment.
 QUARTER HOUSES – for probationers
 HALF HOUSES – for parolees
 THREE QUARTER HOUSES – intensive
alternative for prison confinement/commitment

EXPUNGE – the process by which the record of
crime conviction is destroyed or sealed after
expiration of statutory required time.
NON-INSTITUTIONAL CORRECTIONS
Correcting offender through community-based
program such as probation, suspended sentence for
first time minor offenders, parole and conditional
pardon.
PROBATION
PROBATION is a disposition under which a
defendant, after conviction and sentence, is released
subject to conditions imposed by the court and to the
supervision of a probation officer.
SPLIT SENTENCING– the offender is actually
sentenced to a prison term but is notified in advance,
that after a given period of satisfactory behavior, he
can serve the remainder of his sentence by placing on
probation.
Development of Probation
Probation has historical root in the practice of judicial
reprieve in English common law. The courts could
temporarily suspend the execution of a sentence to
allow the defendant to appeal to the Crown for a
pardon.
During the time of King Henry VIII for instance, no
less than 200 crimes were punishable by death, many
of which were minor offense. Evolution of
punishment led to discontent by the society.
The first true probation officer is no other than JOHN
AUGUSTUS.
He also coined the term “probation” which he derived
from the Latin word “probare”, meaning “to prove, to
test”.
In 1858, Augustus had provided bail for 1,946
offenders, by which, only 10 forfeited their bond,
which implies that his advocacy is effective in
rehabilitating violators.
JUDGE PETER OXENBRIDGE THATCHER
Judge of Boston who used Release and Recognizance
(ROR) or bail and simply refrained from taking any
further actions.
The first probation law was first passed by the
legislatures of Massachusetts and signed into law by
Governor Alexander H. Rice on April 26, 1878.
In 1887, the city of Boston appointed EDWARD H.
SAVAGE, former chief of police of the same city, as
the first probation officer of the government.
In 1898, Vermont is the second state that passed
probation law
The passing of the Federal Probation Act of 1925,
thereby, allowing courts to suspend the imposition
of a sentence and place an offender on probation.
Probation
 derived from the Latin word “probare” which
means “to prove” or “to test”
 Coined by John Agustus
 Originated in England in the form of a judicial
reprieve and thereafter an appeal for pardon
 It stems from faith in man’s capacity to change
for the better and in the ultimate good that will
redound to society by rebuilding rather than
destroying those who have offended it.
FORERUNNERS OF PROBATION
BENEFIT OF CLERGY
This originated in a compromise with the Church
which had maintained that a member of the clergy
brought to trial in a King’s Court might be claimed
from that jurisdiction by the bishop or chaplain
representing him, on the ground that he, the prisoner,
was subject to the authority of the ecclesiastical
courts only.
JUDICIAL REPRIEVE
This is a temporary withholding of sentence, either
before or after judgment; as where the judge is not
satisfied with the verdict, or evidence is suspicious,
or indictment is insufficient, or he is doubtful
whether the offense be within the clergy, or
sometimes if it be a small felony, or any favorable
circumstances appear in the criminal’s character.
RECOGNIZANCE (BINDING OVER FOR
GOOD BEHAVIOR)
It originated as a measure of preventive justice,
involving the release of the person accused of
committing a crime to the custody of a person of
reputable character, who shall have the responsibility
of bringing the accused to court whenever the court
requires.
TRANSPORTATION
This was chiefly a way of ridding the country of
criminals; it later developed as a plan for supplying
new colonies with cheap labor. It was also an attempt
to substitute for brutal punishment at home and an
opportunity for rehabilitation in a new country.
SIX SIGNIFICANT IDEAS AND
CHARACTERISTICS OF PROBATION
 A more enlightened and humane
correctional system;
 To promote the reformation of offenders;
 Reduction of the incidence of recidivism;
 Extending to offenders individualized and
community-based treatment programs
instead of imprisoning them;
 Limited to offenders who are likely to
respond thereto favorably;
 The method is less costly than confinement.
PHILOSOPHY AND CONCEPTS OF THE
PROBATION SYSTEM
 There is no single cause for delinquent behavior.
Human beings are extremely complicated.
 Delinquent and criminal acts are symptoms a
more serious underlying condition.
 That the individual has the ability to change and
to modify his anti-social behavior with the right
kind of help.
 The Central goal of the Probation Administration
is to enhance the safety of the community by
reducing the incidence of criminal acts by
persons previously convicted.
 This is of course not to say that probation should
be used in all cases, or that it will always
produce better results.
 By the same token, however, it is to say that
probation is a good bit more than the “matter of
grace” or “leniency” which characterizes the
philosophy of the general public and of many
judges and legislators on the subject.
 Imprisonment as a sole cure for prevalence of
crime is no longer recognized.
 It is generally conceded that probation is a matter
of privilege to be granted or refused at the
discretion of the State.
 No violation should result in automatic
revocation.
 A judge should not pass judgment on a man
without a post sentence investigation report
(PSIR).
BENEFITS OF PROBATION
1. Probation protects society
From the excessive costs of detention
From the high rate of recidivism of detained
offenders
2. Probation protects the victim
It provides restitution
It preserves justice
3. Probation protects the family
It does not deprive the wife and children of a husband
and a father
It maintains the unity of the home
4. Probation assists the government
It reduces the population of prisons and jails
It lessens the clogging of courts
It lightens the load of prosecutors
It sustains law enforcement
5. Probation helps the offender
It maintains his earning power
It provides rehabilitation in the community
It restores his dignity
6. Probation justifies the philosophy of men
That life is sacred
That all men deserve a second chance
That an individual can change
That society has a moral obligation to lift the fallen
ADVANTAGES OF PROBATION
1. Probation prevents crime by offering freedom
and aid only to those offenders who are not
likely to assault the society again.
2. It protects the society by placing under close
supervision non-dangerous offenders while
undergoing treatment and rehabilitation in the
community.
3. It conforms to modern humanistic trends in
penology.
4. It prevents youthful or first time offenders from
turning into hardened criminals.
5. It is a measure of cutting enormous expense in
maintaining jails.
6. It reduces recidivism and overcrowding in jails
and prisons.
7. It reduces the burden on the police forces and
institutions of feeding and guarding detainees.
8. It gives the first and light offenders a second
chance in life and provides as opportunity for the
reformation of a penitent offender.
9. It makes the offender productive or taxpayers
instead of tax eaters.
10. It restores to successful probationers his civil
rights.
11. It has been proven effective in developing
countries that have adopted it.
PURPOSE OF PROBATION:
1. Promote the correction and rehabilitation of an
offender by providing him with individualized
treatment;
2. Provide an opportunity for the reformation of a
penitent offender; and
3. Prevent commission of offense.
SUSPENSION OF EXECUTION OF SENTENCE
The court convicts and sentences the
defendant but the execution of the sentence, whether
it imposes a term of imprisonment or a fine only, is
suspended and the defendant is released on probation.
PROBATION IS ONLY A PRIVILEGE, NOT A
RIGHT
Probation is not demandable as a matter of
right. It is a privilege. Its grant depends upon the
discretion of the court.
Act No. 4221
 the first Probation Law of the Philippines
 this act became effective on August 7, 1935
 the Supreme Court declared this Act
unconstitutional on November 16, 1937
 In People vs. Vera (37 O.G. 164), the
constitutionality of Act 4221 was challenged
because of the following grounds:
 The said act encroaches upon the pardoning
power of the executive
 That it constitutes an undue delegation of
legislative power
 It denies the equal protection of the laws
PD 968 - THE PROBATION LAW OF 1976
approved on 24 July 1976
took effect on January 3, 1978
AMENDATORY LAWS TO PD 968
BP 76 – (effectivity date: 13 June 1980) amended the
maximum penalty for qualification for probation.
JUVENILE PROBATION
Article 80 RPC (Act 3815)
Child and Youth Welfare Code (PD 603)
PD 1179
Juvenile Justice and Welfare Act (RA 9344)
Comprehensive Dangerous Drugs Act (RA 9165)
 7. The two high-ranking officials in PPA are
COMMONWEALTH ACT NO. 3203 – 1st Juvenile appointed by the President with term of six years
Delinquency Law of the Land which took effect on or co-terminus to the term of the President.
December 3, 1924. 8. The Parole and Probation Administration (PPA)
is an attached agency of the Department of
PRESIDENTIAL DECREE NO. 603 – otherwise Justice (DOJ) which provides less costly
known as the “Child and Youth Welfare Code” which alternative to imprisonment of offenders who are
provides for youth probation law that was signed on likely to respond to individualized community
December 10, 1974 and took effect on June 10, 1975. based treatment programs.
9. Effective August 17, 2005, by virtue of a
REPUBLIC ACT 9344 – also known as the Memorandum of Agreement with the Dangerous
“Juvenile Justice and Welfare Act of May 2006”, Drugs Board, the Administration performs
amending PD 603. another additional function of investigating and
REPUBLIC ACT NO. 10630 - renamed RA 9344 supervising first-time minor offenders who are
into An Act Establishing A Comprehensive Juvenile placed on suspended pursuant to RA 9165.
Justice and Welfare System
KEY POSITIONS: Their Duties and
ADULT PROBATION Responsibilities
 Act 4221
 HB 393 PAROLE AND PROBATION
 PD 968 ADMINISTRATOR
 EO 292  Head of the PPA;
 RA 10707  Appointed by the President of the Philippines;
 Act as the executive officer of the
PROBATIONER is a person placed on probation. Administration; and
 Exercise supervision and control over all
PROBATION OFFICER (now Probation and probation officers.
Parole Officer) is one who investigates for the court a ASSISTANT PAROLE AND PROBATION
referral for probation or supervises a probationer or ADMINISTRATOR
both.  He shall assist the Parole and Probation
Administrator and perform such duties as may be
PAROLE AND PROBATION assigned to him by the latter and as may be
ADMINISTRATION provided by law. In the absence of the PPA, he
 Headed by Administrator shall act as the head of the Administration;
 Handles the investigation of petitioner for  Appointed also by the President of the
probation; and Philippines.
 Supervision of probationer, parolee and
conditional pardonee. QUALIFICATIONS OF THE PPA AND HIS
 Hon. Teodulo Natividad was the first ASSISTANT
Administrator 1. At least 35 years of age;
2. Holder of a master’s degree; and
PROBATION AND PAROLE 3. Have at least 5 years of supervisory experience, or
ADMINISTRATION (PPA) be a member of the Philippine Bar with at least 7
years of supervisory experience.
1. Administers the probation system under PD 968
as amended; REGIONAL OFFICE
2. Enforces general supervision over all clients who  Headed by a Regional Parole and Probation
were released through probation, parole and Officer and shall be assisted by an Assistant
pardon; Parole and Probation Officer,
3. Promotes reformation and rehabilitation of  Who shall be appointed by the President of the
clients; Philippines, upon recommendation of the
4. Its main office is located at DOJ Agencies Secretary of Justice.
Building, NIA Road Corner East Avenue,
Diliman, Quezon City. PROVINCIAL OFFICE
5. Headed by an Administrator who exercises Provincial and City Parole and Probation Officers
overall supervision and control over the There shall be at least one parole and probation
operation of PPA, including those in the field. officer in each province and city who shall be
6. The Administrator is assisted by an Assistant appointed by the Secretary of Justice upon
Probation Administrator.
recommendation of the Administrator and in
accordance with civil service law and rules.
QUALIFICATIONS OF REGIONAL,
ASSISTANT REGIONAL, PROVINCIAL AND
CITY PROBATION OFFICERS
1. At least Bachelor’s degree
2. Have at least 3 years of experience in work
requiring any of the disciplines related in Probation,
OR, is a member of the Philippine Bar with at least 3
years of supervisory experience.
PERSONALITIES
1. Teodulo Capili Natividad
former NAPOLCOM commissioner and former
Congressman of Bulacan
“Father” of Probation in the Philippines.
2. Matthew Davenport Hill
regarded as the Father of Probation in England
3. John Agustus
Father of Probation in the USA
began his probation work in by bailing out a
“common drunk”
First true probation officer
4. Edward Savage
former Boston Chief of Police held as the first
Probation Officer employed by the government
NECESSITY OF APPLICATION
Probation may not be granted except upon
application of the defendant.
WHO GRANTS PROBATION?
It is only the court that tried and decided the case
may grant the application.
TIME FOR APPLICATION
The law provides that the application for
probation should be made within the period for
perfecting an appeal, or within fifteen (15) days from
promulgation of notice of judgment.
EFFECT ON APPEAL
The filing of application shall be deemed a
waiver of the right to appeal. In such case the accused
cannot, even by withdrawing his application for
probation, reinstate his appeal or right to appeal.
FORM OF APPLICATION
The law does not prescribe any particular
form and therefore it may be in any form, written or
oral. For recording purposes, however, oral
applications should be reduced to writing.
POST SENTENCE INVESTIGATION: An
indispensable requirement
 The Probation Law provides that “no person
shall be placed on probation except upon prior
investigation by the probation officer and a
determination by the court that the ends of justice
and the best interest of the public as well as that
of the defendant will be served thereby".
 The probation officer shall submit to the court
the investigation report on an applicant not later
than sixty (60) days from receipt of the order of
the said court to conduct the investigation.
 The court shall resolve the petition for probation
not later than fifteen (15) days after receipt of
said order.
NO RIGHT TO COUNSEL
The Probation Law has no provision
guaranteeing the right to counsel in the investigation
of a petitioner. The constitutional guarantee of right
to counsel will not apply because the investigation by
the probation and parole officer is neither prosecutory
nor accusatory in character.
SUBMISSION OF INVESTIGATION REPORT
The investigation report having been
completed, the Chief Probation and Parole Officer
should submit his report to the court, “not later than
60 days from receipt of the order of the court to
conduct the investigation”. The same period is
merely directory, not mandatory, in the sense that an
investigation report submitted after 60 days would
still be a valid report.
BAIL OR RECOGNIZANCE PENDING
PETITION FOR PROBATION
Pending submission of investigation report
and the resolution of the petition for probation, the
defendant may be allowed temporary liberty under
his bail filed in the criminal case. In case no bail was
filed or the defendant is incapable of filing one, the
court may allow the release of the defendant on
recognizance to the custody of a responsible member
of the community who shall guarantee his appearance
whenever required by the court.
PROBATION DISCRETIONARY
Barring disqualified offenders, the grant or
denial of probation is a matter of discretion on the
part of the court.
ISSUANCE OF PROBATION ORDER
A probation order shall take effect upon its
issuance, at which time the court shall inform the
offender of the consequences thereof and explain that
upon his failure to comply with any of the conditions
prescribed in the said order or his commission of
another offense, he shall serve the penalty impose for
the offense under which he was placed for probation.
In the event that violation of any of the conditions of
probation is established, the court need not revoke the
probation; it has the discretion to revoke or continue
the probation and modify the conditions thereof.
APPLICANT MAY REJECT GRANT OF
PROBATION
The law does not oblige the defendant to
accept the probation granted by the court. He should
be allowed to turn down the same grant, especially
since he might feel that the terms and conditions
thereof are too onerous for him.
Disqualifications (as amended by RA 10707)
 Those who were sentenced to more than 6 years
 Those who were convicted of crimes against the
national security
 Those who have previously been convicted by
final judgment of an offense punished by
imprisonment of more than six (6) months and
one (1) day and/or a fine of more than one
thousand pesos (P1,000.00);
 Those who were previously granted probation
under P.D. 968
 Those who were already serving their sentence
when probation became applicable
Probation is not a RIGHT but a mere PRIVILEGE. It
is based upon the sound discretion of the court.
The offender may be released pending application
for probation:
 On the same bond he filed during trial
 On a new bond
 To the custody of a responsible member of the
community if unable to file bond
The Court Can Modify the Conditions for
Probation
 at any time during supervision
 after summary hearing when the probationer
violated any of its conditions
 upon application by the probation officer or the
probationer himself
Note: Only the judge who heard and decided the
case has the power to grant, deny, modify, revoke
and terminate probation.
When the court must deny probation
 The court shall deny an application for
probation whenever it finds that:
 the offender is in need of correctional treatment
that can be provided most effectively by his
commitment to an institution;
 there is undue risk that during the period of
probation the offender will commit another
crime;
 probation will depreciate the seriousness of the
offense committed.
PERIOD OF PROBATION
 The period of probation of a defendant sentenced
to a term of imprisonment of not more than one
(1) year shall not exceed two (2) years, and in all
other cases, said period shall not exceed six (6)
years.
 When the sentence imposes a fine only and the
offender is made to serve a subsidiary
imprisonment in case of insolvency, the period of
probation shall not be less than nor more than
twice the total number of days of subsidiary
imprisonment as computed in the rate established
in Art. 39 of the Revised Penal Code, as
amended.
MODIFICATION OF PERIOD AND
CONDITIONS OF PROBATION
Period of probation
The period of probation may either be shortened or
made longer, but not to exceed the period set in the
law.
Conditions of probation
During the period of probation, the court may, upon
application of either the probationer or the probation
officer, revise or modify the conditions of probation.
The court shall inform in writing the probation officer
and the probationer of any change in the period and
conditions of probation.
OUTSIDE TRAVEL
 Probation officer authorized the probationer to
travel be outside the area of the operation for a
period of 10 days but not exceeding 30 days.
 If 30 days, Probation must file, 5 days before
travel, a request to travel outside for the approval
of Probation authorities.
 If more than 30 days Probation Authorities shall
recommend for Court Approval.
CHANGE OF RESIDENCE
 The probationer must file a request for change of
residence at the city or provincial Parole and
Probation officer to the court approval.
 If approved, The RTC which has jurisdiction
over the place shall have full control of the
probationer.
Volunteer Probation Aide
 He/she is a civilian of good repute and integrity,
at least 18 years of age, appointed by the
Probation Administration to assists the POs in
investigation and supervision. A VPA is not
 entitled to salary but is given a reasonable travel
allowance.
 Handles a maximum of 5 clients (old rule); The
maximum supervision caseloads of a Probation
Aide at any given time, shall be ten (10)
probationers on minimum case classification or
three (3) probationers on maximum case
classification in addition to other duties. (new
rule)
 The VPA shall be appointed for two (2) years
subject to reappointment
Revocation of Probation
At any time during probation, the court may issue a
warrant for the arrest of a probationer for any serious
violation of the conditions of probation
Termination of Probation:
 After the probationer has satisfactorily
completed the probation period, the Probation
Officer shall submit termination report to the
court containing the ff:
 condition of probation
 program of supervision and response to treatment
 recommendation
Ways of terminating probation:
After period of probation with satisfactory
compliance with conditions of probation.
Other ways of terminating probation
a. termination before the expiration of the period
(served at least 1/3 of the imposed period but actual
supervision must not less than 6 months)
ex. OFW, Board Exam takers, approved immigrants,
etc.
b. termination by pardon of the probationer
c. Deportation of the probationer – when an alien on
probation is deported, probation will necessary be
terminated.
d. Death of probationer.
CONDITIONS OF PROBATION
Mandatory Conditions:
 present himself to the probation officer assigned
to undertake the supervision at each place as may
be specified in the order within 72 hours from
receipt of said order
 report to the probation officer at least once a
month at such time and place as specified by said
order
 not to commit any crime
Discretionary Conditions:
 cooperate with a program of supervision thru a
therapeutic community modality
 meet his family responsibilities
 devote himself to a specific employment and not
to change said employment without the prior
written approval of the probation officer
 undergo medical, psychological or psychiatric
examination and treatment and enter and remain
in a specified institution, when required for that
purpose.;
 pursue a prescribed secular study or vocational
training;
 attend or reside in a facility established for
instruction, creation or residence or persons on
probation;
 refrain from visiting houses of ill-repute;
 abstain from drinking intoxicating beverages to
excess;
 permit the probation officer or an authorized
social worker to visit his home or place of work;
 reside at premises approved by it and not to
change his residence without prior written
approval;
 satisfy any other condition related to the
rehabilitation of the defendant and not unduly
restrictive of his liberty or incompatible with his
freedom of conscience.
REVOCATION OF PROBATION
Concept of violation of probation
 “A violation of probation shall be understood to
mean any act or any commission on the part of
the probationer with respect to the terms and
conditions specified in the probation order.
Arrest of the probationer
At any time during probation, the court may issue a
warrant for the arrest of the probationer for violation
of any of the conditions of probation.
TERMINATION OF PROBATION
 After the period of probation and upon
consideration of the report and recommendation
of the probation and parole officer, the court may
order the final discharge of the probationer upon
finding that he has fulfilled the terms and
conditions of his probation and thereupon the
case is deemed terminated.
Other ways of terminating probation:
 Termination before the expiration of the period
 Termination by pardon of the probation
 Deportation of the probationer
 Death of the probationer
Effect of final discharge
 The final discharge of the probationer shall
operate to restore to him all civil rights lost or
suspended as a result of his conviction and to
fully discharge his liability for any fine imposed
as to the offense for which probation was
granted.

CONFIDENTIALITY OF RECORDS
The probation records may be found, firstly,
in the court concerned. Secondly, in the office of the
Chief Probation and Parole Officer assigned in the
city or province. Thirdly and fourthly, copies of these
records are being forwarded to the Regional Parole
and Probation Office and the Parole and Probation
Administration (Central Office).
ABCONDING PETITIONER
He is a convicted defendant whose application for
probation has been given due course by the court but
fails to report to the probation officer or his location
is unknown.
ABSCONDING PROBATIONER
He is a person whose probation was granted but
failed to report for supervision within the period
ordered by the court or his location is unknown.
PAROLE
 Is derived from French word “parole d’ honeur”,
meaning “word of honor”;
 Has come to mean an inmate’s promise to
conduct him or herself in a law-abiding manner
and according to certain rules in exchange of
release.
 a method by which a prisoner who has served a
portion of his sentence is conditionally released
but remains in legal custody, the condition being
that in case of misbehavior, he shall be
imprisoned
 It is a decision by an authority constituted
accordingly by statute to determine the portion of
the sentence, which the inmate can complete
outside the institution.
 It is the status of serving the remainder of the
sentence of a convict in the community in
accordance with the regulations set-up by the
Board of Pardons and Parole.
 A method by which a prisoner who has served a
portion of his sentence is conditionally released
but remains in legal custody, the condition being
that in case of misbehavior, he shall be
imprisoned.
 Parole is not a reward per se for good behavior
but rather, it is a follow up of his institutional
program.
 Parole is not claimed as right but is granted by
the Board as a privilege to a qualified prisoner.
EUROPE - where parole was originated.
DR. SAMUEL GRIDLEY HOWE OF BOSTON
 First man to use the word “parole”.
 He used the term in a letter to the Prison
Association of New York in 1869.
CAPTAIN ALEXANDER MACONOCHIE
 An English man responsible for the birth of
British Penal Colony in Norfolk Island;
 Introduced the “Mark System” which became the
forerunner of parole;
 Father of Parole; and Father of Modern
Penology.
SIR WALTER CROFTON
 Chairman of the Board of Prison in Ireland.
 Was influenced by Maconochie’s efforts of early
release.
 Established the Irish concept of “ticket-to-leave
system”.
History 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.
Act 4103
 “An Act to provide for an Indeterminate
Sentence and Parole for all persons convicted of
certain crimes by the Courts of the Philippine
Islands; to create a Board Of Indeterminate
Sentence and to provide funds therefor; and for
other purposes.”
 Otherwise known as the “Indeterminate Sentence
Law” which took effect on December 5, 1933.
 Amended by E.O. 83, Series of 1937 which gave
the Board the authority to advice the Chief
Executive on the course/s of action to take on
petitions for executive clemencies; and
 Renamed the Board of Indeterminate Sentence to
Board of Pardon.
RA 4203
Created the Board of Pardons and Parole
E.O 94
 Also known as the “Reorganization Law of
1947”
 Took effect on October 4, 1947;
 Abolished the Board of Pardons; and
 Created the Board of Pardons and Parole (BPP)
Indeterminate Sentence
the prison term imposed after conviction for a crime 
which does not state a specific period of time or relea
se date, but just a range of time.
DEFINITION OF TERMS
Parolee -refers to a person who is released on parole
Pardonee -refers to a person who is released on
conditional pardon

Client -refers to a pardonee/parolee who is placed
under supervision
Carpeta
refers to the institutional record of an inmate which
consists of his mittimus or commitment order issued
by the Court after conviction, the prosecutor’s
information and the decisions of the trial court and
the appellate court, if any; certificate of non-appeal,
certificate of detention and other pertinent documents
of the case
Prison Record
refers to information concerning an inmate’s personal
circumstances, the offense he committed, the
sentence imposed, the criminal case number in the
trial and appellate courts, the date he commenced
serving his sentence, the date he was received for
confinement, the place of confinement, the date of
expiration of the sentence, the number of previous
convictions, if any, and his behavior or conduct while
in prison
Initial Report
 Within the period prescribed in his Release
Document, the prisoner shall present himself to
the Probation and Parole Officer specified in the
Release Document for supervision.
 If within forty-five (45) days from the date of
release from prison or jail, the parolee/pardonee
concerned still fails to report, the Probation and
Parole Officer shall inform the Board of such
failure, for appropriate action.
 Board of Pardons and Parole
 administers the Parole system of the country.
 Indeterminate Sentence Law
 governs the Parole system.
BOARD OF PARDONS AND PAROLE
 Headed by Chairman (Secretary of Justice)
 Responsible for granting of parole and
 Recommends executive clemency to the
President
DEPARTMENT OF SOCIAL WELFARE AND
DEVELOPMENT
 Headed by Secretary
 Render services for children in conflict with the
law
 Pre-Parole Investigation:
 The Administration has been authorized by
the Board to conduct pre-parole
investigation of deserving city, provincial
and national prisoner confined in the city
and provincial jails, the national penitentiary
and penal colonies, whenever their best
interests and that of justice will be served
thereby, and to submit reports of said
investigation at least 60 days before the
expiration of the minimum sentences of the
prisoners concerned.
ELIGIBILITY FOR PAROLE
 A prisoner shall be eligible for the grant
of parole upon showing that he is
confined in jail or prison to serve an
indeterminate prison sentence, the
maximum period of which exceeds one
(1) year, pursuant to final judgment of
conviction and that he has served the
minimum period of said sentence less
the good conduct time allowance
earned.
PRISONERS QUALIFIED FOR PAROLE:
(Resolution No. 24-4-10 BPP)
Inmate is serving an indeterminate sentence the
maximum period of which exceeds one (1) year;
Inmate has served the minimum period of the
indeterminate sentence;
Inmate's conviction is final and executory;
Inmate has no pending criminal case; and
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:
 (Resolution No. 24-4-10 BPP)
 those persons convicted of offenses punished
with reclusion perpetua, death, or life
imprisonment;
 those convicted of treason, conspiracy or
proposal to commit treason;
 those convicted of misprision of treason,
rebellion, sedition or espionage;
 those convicted of piracy or mutiny;
 those who are habitual delinquents;
 those who escaped from confinement or those
who evaded sentence;
 those who were granted conditional pardon and
violated any of the terms thereof;
 those whose maximum term of imprisonment
does not exceed 1 year or are with a definite
sentence;
 those convicted of offenses punished with
reclusion perpetua, or whose sentences were
reduced to reclusion perpetua by reason of
Republic Act No. 9346 enacted on June 24,
2006, amending Republic Act No. 7659 dated
January 1, 200
 those convicted for violation of the laws on
terrorism, plunder and transnational crimes
 Infractions/Violations of the Terms and
Conditions of the Release Document Reports
Progress Report
when a parolee commits another offense during the
period of his parole supervision and the case filed
against him has not yet been decided by the court or
on the conduct of the parolee while under
supervision;
Infraction Report
when the parolee has been subsequently convicted of
another crime;
Violation Report
when the parolee commits any violation of the terms
and conditions appearing in his release document or
any serious deviation or non-observance of the
obligations set forth in the parole supervision
program.
Summary Report
the final report submitted by the PPO on his
supervision of a parolee/pardonee as basis for the
latter’s final release and discharge
OTHER FORMS OF NON-INSTITUTIONAL
CORRECTIONS
EXECUTIVE CLEMENCY
collective term for absolute pardon, conditional
pardon and commutation of sentence
Pardon
 an act of executive clemency, by a head of a state
for the purpose of exempting an individual from
the punishment imposes upon him by a court of
law.
 It is an act of grace and the recipient is not
entitled to it as a matter of right.
 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 that the law inflicts for a
crime he has committed; pardoning power is
exercised by the President.
KINDS OF PARDON
1. Absolute Pardon
It is the total extinction of the criminal liability of the
individual to whom it is granted without any
condition.
It restores to the individual his civil and political
rights and remits the penalty imposed for the
particular offense of which he was convicted.
the extinction of the criminal liability of the
individual to whom it is granted without any
condition and restores to the individual his civil rights
2. Conditional Pardon
the prisoner shall have served at least one-half (1/2)
of the minimum of his original indeterminate and/or
definite sentence. However, in the case of a prisoner
who is convicted of a heinous crime as defined in RA
7659 and other special laws, he shall have served at
least one-half (1/2) of the maximum of his original
indeterminate sentence before his case may be
reviewed for conditional pardon.
the extinction of the criminal liability of an
individual, within certain limits or conditions, from
the punishment which the law inflicts for the offense
he has committed
EFFECTS OF PARDON
 It removes penalties and disabilities and restores
full civil and political rights;
 It does not discharge the civil liability of the
convict to the individual he has wronged, as the
President has no power to pardon a private
wrong;
 It does not restore offices, property or rights
vested in others in consequence of the
conviction. Under our law, a pardon shall not
work the restoration of the right to hold public
office or the right of suffrage unless such rights
be expressly restored by the terms of the pardon.
Limitations of the Pardoning Power of the President
 The following are the limitations of the
pardoning power of the President:
 it may not be exercised for offenses in
impeachment cases;
 it may be exercised only after conviction by final
judgment;
 it may not be exercised over civil contempt (as
for refusing to answer a proper question as a
witness in a case);
 in case of violation of election law or rules and
regulations, no pardon, parole, or suspension of
sentence maybe granted unless there is favorable
recommendation from the COMELEC;
 cannot be exercised for violation of tax laws.
ELIGIBILITY FOR CONDITIONAL PARDON
o He must have served at least one half
(1/2) of the minimum of his
indeterminate sentence or the following
portions of his prison sentence:
 at least two (2) years of the minimum sentence if
convicted of Murder or Parricide but not
sentenced to Reclusion Perpetua
 at least one (1) year of the minimum sentence if
convicted of Homicide
 at least nine (9) months if convicted of Frustrated
Homicide
 at least six (6) months if convicted of Attempted
Homicide

AMNESTY
 A general pardon extended to a group of persons
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.
 Amnesty can be availed of before, during and
after the trial of the case, even after conviction.
 An act of the sovereign power granting oblivion
or general pardon for a past offense usually
granted in favor of certain classes of persons
who have committed crimes of a political
character, such as treason, sedition or rebellion.
 COMMUTATION OF SENTENCE
 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.
 an executive clemency changing a heavier
sentence to a less serious one, or a longer prison
term to a shorter one.
Eligibility for commutation of sentence
 He must have served at least one third (1/3)
of the minimum of his indeterminate
sentence or the following portions of his
prison sentence consisting of Reclusion
Perpetua:
 at least ten (10) years if convicted of
Robbery with Homicide, Robbery with
Rape, or Kidnapping with Murder
 at least eight (8) years if convicted of Simple
Murder, Parricide, Rape or Violation of anti-
drug laws
 at least twelve (12) years if given two or
more sentences of Reclusion Perpetua
 at least twenty (20) years in case of two (2)
sentences for Reclusion Perpetua, provided
that at least one (1) of the sentences had
been automatically commuted from a death
sentence
Conditions:
 the prisoner shall have served at least one-third
(1/3) of the minimum of his indeterminate and/or
definite sentence or the aggregate minimum of
his indeterminate and/or definite sentences.
 at least ten (10) years for prisoners sentenced to
Reclusion Perpetua or Life imprisonment for
crimes or offenses committed before January 1,
1994.
 at least twelve (12) years for prisoners whose
sentences were adjusted to a definite prison term
of forty (40) years in accordance with the
provisions of Article 70 of the Revised Penal
Code, as amended.
 at least fifteen (15) years for prisoners convicted
of heinous crimes as defined in Republic Act No.
7659 and other special laws committed on or
after January 1, 1994 and sentenced to one or
more Reclusion Perpetua or Life imprisonment.
 Specific cases where commutation is provided
for by the code:
 When the convict sentenced to death is over 70
years of age;
 When eight justices of the Supreme Court failed
to reach a decision for the affirmation of the
death penalty;
 Reprieve
 the deferment of the implementation of the
sentence for an interval of time; it does not annul
the sentence but merely postpones or suspends
its execution
 the postponement of the execution of a death
sentence.
GCTA
 is a privilege granted to a prisoner that shall
entitle him to a deduction of his term of
imprisonment.
1. During the first two years of imprisonment, he
shall be allowed a deduction of twenty days for each
month of good behavior during detention;
2. 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;
3. 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;
4. 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
5. 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.