INTRODUCTION TO CORRECTION

A Correctional system, is also known as a penal system, thus refers to a network of agencies
that functions related to rehabilitating convicted persons through either institution-based or
Community based corrections. As a component of the criminal justice system, correction
occupies a crucial role of rehabilitating convicted persons through the development of
individualized treatment programs which are responsive to the needs of their clients and within
the prescribed standards of existing laws and the United Nations.
Correction
It is defined as branch of the Criminal Justice System concerned with the custody, supervision
and rehabilitation of criminal offenders.
Correction is in a view of reorientation or re-instruction of the individual with a purpose of
preventing a repetition of the unlawful activities without necessity of taking punitive action.
Did you know??
That Correction came from the root word “CORRECT” which means “to right a wrong”.
Correctional Administration
The study and practice of a system or systematic management of jails or prisons and other
institution concerned with the custody, treatment and rehabilitation of criminal offenders.
TWO APPROACHES OF CORRECTION
Institutional Correction (Institution-based
Correction
Non- Institutional Correction (Communitybased Correction)
These are rehabilitation or correctional
programs rehabilitation that takes place inside
correctional facilities or institutions such as
national penitentiaries and jails
These are rehabilitation or correctional
programs that take place within the
community. This is otherwise refers to as
community-based correction. In this approach
the convict will not be placed or be released
from correctional facility or jails.
Note: It should be remembered that adult criminal justice system is not applicable to minors
instead it
should be Juvenile Justice System under RA 9344 as amended.
Agencies of the Government charged with correctional responsibility
1. Bureau of Correction (BuCor)
2. Bureau of Jail Management and Penology (BJMP)
3. Board of Pardons and Parole (BPP)
4. Parole and Probation Administration (PPA)
5. Provincial and Sub-provincial Jails
Imprisonment
is the commitment to an institution commitment to prison, Confinement, custody, detainment,
detainment in custody, held in captivity, held in restraint, in captivity, in custody, in jail,
incarceration,
internment, keep behind bars, kept as captive, kept in captivity, kept in custody, kept in
detention, kept
under arrest, locked up, put behind bars, put in a cell, put under restraint, sent to jail, sent to
prison.
To put it simply, imprisonment is defined as the act of confinement of a person in prison;
restraint
of one's personal liberty; forcible detention of a man's person or his movements.
Safekeeping
It is the temporary custody of a person or detention of a person for his own protection or care,
to
secure from liability to harm, injury or danger.
Functions of the five Components in the
Criminal Justice System
· Law Enforcement - Its function is to conduct investigation on the alleged crime committed by a
person, to arrest or detain 1olator of the penal law or an ordinance, to effect the warrant issued
by the
court and to assist the complainant to file a case.
· Prosecution - Its function is to evaluate the findings of the police submitted to their office, to
conduct
preliminary investigation, to receive the complaint filed by the victim and to be responsible to file
information to the court and to act as a legal prosecutor of the offended party.
· Court - Its function is to conduct cross examination of the Witness before the issuance of the
warrant
either warrant of arrest or search warrant; to conduct arraignment and to hold trial before giving
final
decision of the case.
· Correction - It is considered as the weakest components of the CJS. Its function is to reform
the
convicted offender through the rehabilitation program inside the correction. The function of the
correction
in our criminal justice system is to reform the offender through rehabilitation program such as
giving an
opportunity to every convicted offender to continue his study by way of Vocational training
program.
· Community – The function of the community pillar is to held and coordinate the program of the
government specifically on the maintenance of peace and order.
When a Judgment of Conviction in Criminal Case becomes Final?
• After the lapse of the period for perfecting an appeal which is fifteen (15) days;
• When the sentence has been partially or totally satisfied to serve
• When the accused expressly waives in writing his right to appeal;
• When the accused applies for probation
Penology
It is the study of punishment of crime or of criminal offenders. It includes the study punishment
of
criminal offenders. It includes the study of control and prevention of crime through punishment
of
criminal offenders.
• Francis Leiber coined the word penology
• The term Penology was derived from Latin word “POENA” which means “PAIN or
SUFFERING”
• Penology is otherwise known as PENAL SCIENCE.
CONSTITUTIONAL LIMITATION OF THE GOVERNMENT TO PUNISH CRIMINALS:
 Legal Rights against Unlawful Imprisonment or Detention. One of the most protected rights of
an
individual is his right to liberty this is expressly provided for under 1987 Constitution, which
states, "No
person may be deprived of lives, LIBERTY and property without due process of law”.
Considering that
the Constitution is not a self-executing law, the Revised Penal Code provide punishments not
only to
public officers violating this constitutional right of an individual, but also private persons as well.
Difference between Arbitrary Detention and Illegal Detention
Arbitrary Detention
Article 124, RPC
Illegal Detention
Art. 267-268, RPC
Unlawful detention of a person committed by
public officers or officials.
Unlawful Detention of a person committed by a
private person.
Notes:
• Arbitrary detention under Article 124 of the Revised Penal Code should be further
differentiated from
Delay in delivery of detained person to pro per judicial authority under Article 125 of the same
Code.
• In Arbitrary detention, it is sufficient that a public officer or employee, without legal grounds,
detains a person. Hence, an important element is detention without any legal ground.
• In Delay in delivery of detained person to proper judicial authorities, the detention is with some
legal
ground however, it becomes unlawful only when the public officer or employee shall fail to
deliver
such person to proper judicial authority within the period prescribed by Article 125 of Re vised
Penal
Code.
The prescribed periods under Article 125 are as follows:
1. 12 hours for crimes or offenses punishable by light penalties;
2. 18 hours for crimes or offenses punishable by correctional penalties; and
3. 36 hours for crimes or offenses punishable by afflicted or capital penalties, or their equivalent
Unlawful Arrest under Article. 269 Elements
1. That the offender arrest or detains another person;
2. That the purpose of the offender is to deliver him to proper authorities; and
3. That the arrest or detention is not authorized by law or there is no reasonable ground thereof.
Considered Legal Grounds for Detention of any person
1. Commission of the crime,
2. Violent insanity or any other ailment requiring compulsory confinement in a hospital
Note: Under the Government exercise of police power, those persons who are infected of
contagious
diseases may likewise be separated to the rest of the population.

PUNISHMENT
The earliest form of punishment was death, torture, maiming and banishment. The jail was
introduced in
Medieval Europe as a place of confinement of persons arrested and undergoing trial, and for
those
convicted of minor offenses such as drunkenness, gambling and prostitution. Death, corporal
punishment and banishment were still the penalties for offenses which today are punishable by
imprisonment. Later, convicted offenders were chained to galleys to man the ships of war.
England,
France and Spain used the transportation system of punishment by indenturing their convicts to
penal
colonies where they served as slaves until they completed their service of sentences.
Transportation of
offenders to penal colonies was practiced principally by Europe countries that had acquired
distant
colonies because of the need to import labor into these colonies. England, more than any other
imperialistic country in Europe, made extensive use of transportation England first began
transporting
prisoners in 1718, by sending her convicts to American Colonies until the American revolution.
When the
colonies obtained their independence, England diverted her convicts to Australia and New
Zealand.
England abandoned transportation of prisoners in the last half of the 19th century, after much
agitations
and protests on the part of the colonies.
Definitions of Punishment
Punishment is a means of social control. It is a device to cause people to become cohesive and
to induce
conformity.
Punishment is the infliction of some sort of pain on the offender for violating the law.
Penalty imposed, as for transgression of law any pain, penalty, forfeiture, or confinement
imposed by the
court for a wrong doing.
Early Codes
1. Babylonian and Sumerian Codes
Lex Talionis (eye for an eye) based on Sumerian Code (1860 B.c.)
Code of King Hammurabi (1750 B.C.)- 500 years before of Covenant. Enacted by King
Hammurabi, the
sixth Babylonian King. The partial copies exist on a human-sized stone and various clay tablets.
The Code
consists of 262 laws, with scaled punishments, adjusting "an eye for an eye, a tooth for a tooth"
of lex
talionis as graded depending on social status, of slave versus free man.
Book of Covenant (1250 B.C.)
2. Crime and Sin -"Get right with God" - A directive that the offender must make peace with God
through repentance and atonement. The early codes even the Ten Commandments were
designed to
make the offender’s punishment acceptable to both society and God.
3. Roman and Greek Codes
Code of Justinian (Sixth Century A.D.) - It is the legal code of ancient Rome; codified under
Justinian
which is the basis for many modern systems of civil law.
Code of Graco in Greece Concept of public good is more important than individual injury or
vengeance.
4. Middle Ages- Reformation was viewed as a process of religious, not secular, redemption. As
in early
civilizations, the sinner had to pay two debts, one too society and another to God.
ANCIENT FORMS OF PUNISHMENT: Punishment of Primitive Society
DEATH PENALTY (Capital punishment) - Sentencing a convicted person to death by means of
hanging,
burning, immersing in boiling oil, feeding to wild animals and other barbaric ways.
The following are the Early forms of Capital Punishment (Death Penalty):
Death by Sawing
The criminal was attached to an arch of wood and then sawn vertically from the groin down
through the
skull.
Garotte
Pictured is a 1901 execution of a prisoner at Bilibid Prison in Manila Garotting was outlawed in
the
Philippines in 1902. Garotte was used in Spain for hundreds of years. The garotte is an efficient
means of
execution by asphyxiation.
Guillotine
It is an apparatus designed for efficiently carrying out executions by beheading. The device
consists of a
tall, upright frame with a weighted and angled blade suspended at the top. Conceived in the late
1700’s
this was the first methods of execution created under the assumption that capital punishment
was
intended to end life rather than inflict pain.
Premature Burial
Somewhat self-explanatory, this technique has been used by governments throughout history to
execute
condemned prisoners. One of the latest documented cases was during the Nanking massacre
in 1937
when Japanese troops buried civilians alive.
Hanged, Drawn and Quartered
Used mainly in England, it is widely considered to be one of the most brutal forms of execution
ever
devised. In the first the victim was tied to a wooden frame and dragged to the location of their
execution
(drawn). They were then hung until nearly dead hanged, taken down their abdomen, entrails
were
removed. As the victim watched they were then burned before his or her eyes. He was then also
emasculated and eventually beheaded. After all of this his body was divided into four parts
(quartered)
and placed in various locations around England as a public crime deterrent. This punishment
was only
used on men for any convicted woman would generally be burnt at the stake as a matter of
decency.
Electric Chair
It is a method of execution originating in (and almost exclusively employed in) the United States
in which
the condemned person is strapped to a specially built wooden chair and electrocuted through
electrodes
fastened on the head and leg. This execution method was used as an alternative for hanging. It
was first
used in 1890.
Firing Squad
Execution by firing squad, sometimes called fusillading (from French fusil, rifle), is a method of
capital
punishment particularly common in the military and in times of war. A firing squad is normally
composed of several military personnel or law enforcement officers.
Corporal Punishment (Physical Torture)
Many tortures were used to extract a "confession" from the accused, often resulting in death
penalty for
an innocent person. Mutilation was often used in an attempt to match the crime with an
appropriate"
punishment.
Flogging
It is otherwise known as whipping, flogging became a common punishment in almost all
Western
civilizations. The method was used particularly to preserve discipline in domestic, military, and
academic
settings.
The Branzen Bull
It was a hollow brass statue crafted to resemble a real bull. Victims were placed inside, usually
with their
tongues cut out first. The door was shut, sealing them in. Fires would then be lit around the bull.
As the
victim succumbed to the searing heat inside, he would thrash about and scream in agony.
Wheels
Wheels were adapted to many torturous uses. They could be part of a stretching rack, but
medieval
torturers were far too creative to leave it at that. Early torturers were fond of tying someone to a
large
wooden wheel, then pushing it down a rocky hillside. A more elaborate method involved a wheel
mounted to an A-frame that allowed it to swing freely. The victim would be tied to the wheel, and
then
swung across some undesirable thing below -- fire was always a good choice, but dragging the
victim's
flesh across metal spikes also worked well. The wheel itself could also have spikes mounted on
it, so the
pain came from all directions. Instead of swinging, the wheel might turn on an axle.
PUBLIC HUMILIATION OR SHAMING
The purpose of this was to put the offender to shame. This was affected by the use of stocks
and pillory,
docking stool, branding, shaving off the hair etc.
PILLORY
A wooden framework with holes for the head and hands, in which an offender was imprisoned
and
exposed to public abuse.
BANISHMENT OR TRANSPORTATION- This is the sending or putting away of an offender
which
was "carried out either by a prohibition against coming into a specified territory, or a prohibition
against
going outside a specified territory, such as island to where the offender has been removed.
Contemporary Forms of Punishment
1. Imprisonment- The most common form of punishment. Putting offenders in prison for the
purpose of
protecting the public and at the same time rehabilitating by requiring the latter to undergo
institutional
treatment program.
2. Payment of Fines- This is common to violations of minor offenses. However, there are crimes
where
fines are imposed with imprisonment.
3. Parole-Is defined as a procedure by which prisoners are selected for release on the basis of
individual
response the progress within the correctional institution and service by which they are provided
the
necessary controls and guidance as they serve the remainder of their sentence within the free
community.
4. Conditional Pardon- Executive clemency power to be exercise exclusively by the Chief
Executive/President. The imposition of conditions is likewise within the discretion of the
President.
5. Probation it is a procedure under which an accused found guilty of a crime is released by the
court
with conditions and subject to the supervision of the probation officer.
6. Death Penalty
7. Corporal Punishment
8. Banishment
9. Community Service- Like payment of fines, this is commonly imposes to those simple
infraction of
laws.
Justification of Punishment
1. Retribution personal vengeance
2. Expiation or Atonement- group vengeance
3. Deterrence or Exemplarity - imposing penalty to deter criminality
4. Protection/Social Defense- shown by its inflexible severity to recidivist and habitual
delinquents
5. Reformation as shown by the rules which regulate the execution of the penalties consisting in
deprivation of liberty
Theories Justifying Imposition of Penalty (Punishment)
1. Prevention Theory- the state must punish the criminal to prevent or suppress the danger to
the state
arising from the criminal acts of the offender.
2. Self Defense Theory-the state has the right to punish the criminal as a measure of self-
defense so as to
protect society from the threat and wrong inflicted by the criminal.
3. Reformation Theory the object of punishment to correct and reform the offenders.
4. Exemplary Theory the criminal is punished is to serve as an example to deter others from
committing
crimes.
5. Justice Theory the crime must be punished by the state as an act of retributive justice a
vindication of
absolute right and moral law violated by the criminal.
SCHOOLS OF THOUGHT IN CORRECTION
A. PRE-CLASSICAL THEORIES
Secular Theory of Punishment-The first person who attempted to explain crime is Aristotle, an
Athenian
philosopher. In his book entitled "Nicomedean Ethics", he discussed the philosophy of corrective
justice.
The Rise of Canonical Courts (Church' Court) - In the history, a system of trial and punishment
was
established in the 4h Century A.D. The rivalry existed between church and state in trying
offense. In the
early Christian era, the church forbid its adherence to resort to state court and later in the
medieval
period the power of state courts declined and the power of Canonical court was mainly
reformatory in
purpose."
Judean Christian Theory- this theory adhered that between that punishments has a redemptive
purpose
of repelling sin advocated by the devil.
Individualization of Punishment- the lawmakers and judges had the practical task of making and
administering law not only in the light of such theories of free will and responsibility, but also
face to face
with the indignation of the community at a particular offense
Abuse of Judicial Individualization- the law gave judges wide discretion to impose additional
penalties
in view of the circumstances. This theory gave the judges tyrannical power which led to abuses.
Class
discrimination in the administration of justice arose.
B. CLASSICAL SCHOOL
This theory considered man as a free moral agent therefore he is responsible for his acts. The
classical
theory came about as a direct result of two influences: (1). It came about as a protest against
the abuses of
discretionary power of judges; and (2). Influenced by the School of French philosopher and
writer
ROUSSEAU and his writings contained in his book "Social Contract".
Cesare Beccaria published his book entitled "Crime and Punishment in 1764 protested against
cruelties
and inequalities of the law and the courts during that time. Beccaria suggested that it is the
legislature not
the court must determine the exact punishment appropriate to each crime. No discretion would
thus be
left to the judge”.
Advantages and Disadvantages of Classical School
Advantages Disadvantages
a. Easy administration a. Unfairness men are treated equally without regard to differences in
individual nature of the circumstances
b. Elimination of arbitrary
sentence
b. Punishment is not individualized
c. Focused on the injury as the result of the crime, not the state of mind
and nature of the criminal
d. It is more idealistic than realistic
Professional criminals may calculate the risks of commission of the
offense
C. NEO-CLASSICAL SCHOOL the principles of classical school remained intact but the system
of
defined and variable punishment was modified. The judge was given discretion in certain crimes
to vary
punishments between the maximum and minimum fixed by law.
Significant contributions of Neo-Classical School
1. Exempting circumstances
2 Reduction of Punishment for partial freedom of the will only partial punishment
3. Punishment mitigating for lack of full responsibility
4. It represents the reaction against the severity of the classical theory of equal punishment
irrespective of
circumstances
D. POSITIVE SCHOOL (The Italian School)- defined individual responsibility and reflected an
essentially non-punitive reaction to crime and criminality. Since the criminal was held to be not
responsible for his acts, he was not be punished. The adherents of this school maintained that a
crime, as
any other act, is a natural phenomenon.
According to Lombroso there are three great classes of criminals:
1). Born Criminals (atavism);
2).Insane Criminals (idiot, imbecile, dementia, paralysis, etc.); and
3). Criminaloids (not born with physical stigma but who are of such mental make-up that they
display
anti-social conduct. Psychological defect, not physical).
Enrico Ferri Published in 1878 "The Theory of Imputability and Denial of Freewill", and Criminal
Sociology in 1884.
Raffaele Garofalo- According to him, crime can be understood only as it is studied by scientific
methods. The criminal is not a free moral agent, but is the product of circumstances. He traced
roots of
criminal behavior to psychological equivalents to stigmata called "moral anomalies". Likewise,
natural
crimes found in all society, regardless of the views of lawmakers, and no civilized society can
affords to
disregard them.
E. MODERN CLINICAL SCHOOL
It studies the criminal rather than the crime. This school is interested primarily in the personality
of the criminal himself in order to determine the conditioning circumstances that explain his
criminality
and in order to obtain light upon problem of how he should be handled.

Modern Concept of Penology

One of the main concepts of the individual persons who is charged with an offense is that once
they will
be convicted and transported to prison institution they will be punished inside the correctional
institution,
but this idea is only a thing of the past. The main concept of the modern correction is not to give
punishment to offenders instead they will be treated based on the treatment and rehabilitation
program
implemented in the prison institution.
The modern concept of correction is to change the attitude of the offenders, their way of life so
that when
they return to the mainstream in community, they will now become a useful member of the
society.
PURPOSE OF CONFINEMENT
The Bureau of Correction has its own two purposes of confinement of the offenders or persons
committed
to prisons:
a. To segregate them from the society and;
b. To rehabilitate them so that upon return to society they shall be responsible and law abiding
citizens.
BASIC PRINCIPLES OF CORRECTION
The Bureau of Correction has three basic principles in the rules of admission, custody, and
treatment of
inmates:
a. Seek to promote discipline and to secure the reformation, and safe custody of inmates
b. Justice shall be applied impartially, without discrimination on grounds of race, colors,
genders,
language, religion or other opinion, nationality or social origin, property, birth and or other status.
C. Justice shall be enforced with firmness but tempered with understanding.
DEFINITION OF TERMS COMMONLY USED IN THE
CORRECTIONAL STUDY
Prison-refers to a penal establishment under the control of the Bureau of Corrections and shall
include
the New Bilibid Prisons and other correctional institutions.
Inmate - refers to a national prisoner or one sentenced by a court to serve a maximum term of
imprisonment of more than three years or to a fine more than one thousand pesos.
Death Convict - refers to an inmate whose death penalty 1S imposed by a Regional Trial Court,
which is
affirmed by the Supreme Court En Banc.
Superintendent- refers to the one in-charged of prisons.
Carpeta - refers to the institutional record of inmates which Consists of; Mittimus Commitment
order,
Prosecutor's information and the decision of the trial court including the Appellate court.
Prison Record- refers to information concerning an personal circumstances, offense committed,
sentenced posed, criminal case number in the trial, and appellate courts, the date when the
service of
their sentence commenced, the date when the inmate received mittimus commitment order for
confinement; the place of confinement, the date of expiration of sentence, the number of
previous
convictions, and the behavior or conduct while the in prison.
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 things prohibited by law and/or forbidden by jail rules.
Escape - An act of getting out unlawfully from confinement or custody an offender.
Instrument of restraint- a device, contrivance, tool or instrument used to hold back, keep in,
check or
control an offender; e.g., handcuffs, leg irons.
Mittimus -A warrant issued by the court bearing its seals and signature of the judge, directing
the jail or
prison authorities to receive offenders for custody or service of sentence imposed therein.
Rehabilitation - A program of activity directed to restore and offender's self-respect thereby
making him
a law-abiding citizen after serving his sentence.
Offender- Either a prisoner o detainee confined in jail.
JAILS
ORIGIN OF THE WORD JAIL
The term jail is derived from the Spanish word, "Jaulo" which means cage. Etymologist
attributed the
word jail to have originated from the Spanish term "Caula," is the French the word of jail referred
to
as "Gaol” pronounced G'eole. It is a place for the arrested for debt or crime and were held in
custody. In
14th century, the arrestees were even entrusted to the knights of the Shire.
The Spanish word "Jaulo" the French Gaol and the English term Jail have the same imports and
connotations. It only varies in spelling that derives from the punctuated pronunciations
(Macasiano,
1999).
JAIL LEGAL DEFINITION
Jail is a building or place for the confinement of arrested or sentenced persons. It is usually
made up of
cells, which are small rooms or enclosures where prisoners are actually kept or confined.
The difference between the Jail and the Bureau of Corrections is that jail houses cater offenders
who are
possibly faced with a penalty of not more than three years and it is under the Department of
Interior and
Local Government. It is classified as: Provincial jail, Municipal jail, and City jail. While the
Bureau of
Corrections houses offenders who are finally convicted by the lower court and are waiting for
the results
of their appeal and those who are convicted for more than three years. The Bureau of
Corrections is
directly under the Department of Justice.
TYPES OF JAILS
Lock up cells - is a security facility for the temporary detention of persons held for investigation.
( e.g.
Suspects, violators of city ordinance).
City jail, Provincial and Municipal jail- house both offenders awaiting for court actions, those
serving short
sentences usually up to three years only, and juvenile offenders pending for transfer to social
service
agency.
JAIL BUREAU MISSION, OBJECTIVES AND PRINCIPLES
Mission: The Jail Bureau shall direct, supervise and control the administration and operation of
all district,
city and municipal jails to effect to a better system of jail management nationwide.
Objectives
The broad objectives of the Bureau are the following:
a. To improve the living conditions of offenders in accordance with the accepted standards set
by the
United Nations.
b. To enhance rehabilitation and reformation of offenders in preparation for their eventual
reintegration
into the mainstream of society upon their release and
c. To professionalize jail services.
Principles
The following principles shall be observed in the implementation of the preceding sections
A. It is the obligation of jail authorities to confine offenders safety and provide rehabilitative
programs
that will negate values to criminal tendencies, and restore their positive make them productive
and law-abiding citizens.
B. No procedure or system of correction shall deprive any offender of hope for his ultimate
return to
the fold of the land full membership in society.
C. Unless proved otherwise, any person accused of a criminal offense shall be presumed
innocent
and his rights as a free citizen shall be respected, except for such indispensable restraints
during
his confinement in the interest of justice and public safety.
D. Offenders are human beings entitled to the same basic rights and privileges enjoyed by
citizens
in a fee society, except that the exercise of these are limited or controlled for security reasons.
E. Health preservation and prompt treatment of illness or injury are basic rights of every person
confined in jail. It is the duty of jail authorities to arrange for their treatment subject to security
measures.
F. Members of the custodial force shall set themselves as example by performing their duties in
accordance with the rules and shall respect the laws duly constituted by authorities.
G. No jail personnel shall use abusive, insulting and indecent language on the offenders.
H. No jail personnel shall use unnecessary force on offenders, except for legitimate self-defense
or
in cases of attempted active and passive physical resistance to lawful order.
I. No penalty shall be imposed upon any offender for violation of rules/ regulations unless in
accordance with duly approved disciplinary procedures.
J. Penalties to be imposed shall not be cruel, inhuman or degrading No physical punishment
shall
be employed as a correctional measure.
K. Members of the force must understand that offenders need treatment and counseling and the
primary purpose confinements is for safekeeping and rehabilitation.
L. When conducting routinely custodial (in cell or compound) guarding, the ration of 1:7or
one guard for every seven (7) offenders shall be observed.
M. When an offender is in transit, the ration of 1:1 + 1for every offender shall be observed. In
case of high-risk offender that demands extra precaution, additional guards shall be
employed. This manning level shall be national in scope for effective jail administration in
all regional, provincial, districts, city and municipal jails.
MANDATE - The Bureau of jail Management and Penology was created on January 2, 1991
pursuant to
Republic Act 6975, replacing its forerunner, the Office of jail Management and Penology of the
defunct
Philippine Constabulary/ Integrated National Police. The BJMP has jurisdiction over all district,
city and
municipal jails. It is a line bureau of the Department of Interior and Local Government (DILG).
As such, it
shall ensure the establishment of secured, clean, adequately equipped and sanitary facilities
and
provision of quality services for the custody, safekeeping and development of district, city and
municipal
inmates, any fugitive from justice, or person detained, awaiting or undergoing investigation or
trial and/or
transfer to the national penitentiary, and/ or violent mentally ill person who in dangers him/
herself or the
safety of others as certified by the proper medical or health officer, pending transfer to a mental
institution.
CORE VALUES- The personnel are guided by the following core values.
A. Commitment- Strong sense of dedication to the ideals of the organization and to the public
that it
serves.
B. Respect for Human Rights- Promote and protect the right of our fellow human beings.
C. Efficiency/ Competence- mastery of important skills for delivery of quality services.
D. Self- Discipline- The ability to act regardless of emotional state, or the ability to withstand
undue
and unjust influences.
E. Teamwork- The combined effective action of all personnel.
JAIL PROVINCIAL ADMINISTRATOR'S OFFICE- In every province, the BJMP operates and
maintains a
Provincial Jail Administrator's Office headed by a Provincial Administrator, to oversee the
implementation
of jail services of all district, city and municipal jails within its territorial jurisdiction.
DISTRICT JAIL- Within large cities or a group of clustered municipalities, a District Jail headed
by a
District Warden may established.
CITY AND MUNICIPAL JAILS- The BJMP operates and maintains City and Municipal Jails,
each headed
by a Municipal Warden, as the case may be.
CATEGORIES OF INMATES
The two (2) general classes of inmates are:
a. Prisoner inmate who is convicted by final judgment
b. Detainee - inmate who is undergoing investigation/ trial or awaiting trial/ sentencing.
CLASSIFICATION OF PRISONERS
The four (4) main classifications of prisoners are:
A. Insular Prisoner- one who is sentence to a prison term of three (3) years and one (1) day to
death.
B. Provincial Prisoner- One who is sentenced to a prison term of six (6) months and one (1) day
to
three (3) years.
C. City Prisoner- one who is sentenced to a prison term of one (1) day to three (3) years.
D. Municipal Prisoner- one who is sentenced to a prison term of one (1) day to six (6) months.
CLASSIFICATION OF DETAINEES
The three (3) types of detainees are those:
a. Undergoing Investigation
b. Awaiting or undergoing trial; and,
c. Awaiting final judgment.
INMATES SECURITY CLASSIFICATION
The following are the classification of inmates according to security risk:
a. High risk Inmates
b. High Profile Inmates
c. Ordinary Inmates
REQUIREMENTS FOR COMMITMENT
The following are the requirements for commitment:
a. Commitment Order
b. Medical Certificate
c. Complaint/ Information
d. Police Booking Sheet
RECEPTION PROCEDURES
A decent and humane program of confinement starts with a systematic reception of inmates for
commitment to the BJMP's jails facilities.
The following procedure should therefore be observed:
A. The Jail Desk Officer carefully check the credentials of the person(s) bringing in the inmate to
determine his/ her/ their identity and authority. The officer also ascertains from the person(s)
that law
enforcement procedures, including the verification for standing warrant/ criminal record of the
arrested
person before physical presentation in court, must have been undertaken prior to the inmate's
transfer/commitment to the jail. It is understood therefore that other standing warrants must
have been
served when a person is admitted for jail custody.
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 as
provided for by Section 3, Rule XIII of the rules of court.
C. Person arrested by virtue of a Warrant of Arrest must secure a Commitment order from the
court
where the Warrant of Arrest issued before he can be committed to jail.
D. The admitting jail officer takes all cash and other personal property from the inmate, lists
them down
on a receipt form in duplicate, duly signed by him/ her and countersigned by the inmate. The
original
receipt should be kept for the record and the duplicate copy should be given to the inmate.
E. All cash and other valuable of the inmate must be turned over to the Property Custodian for
safekeeping and covered by official receipt.
F. The inmate is then fingerprinted and photographed.
G. The admitting jail booking report attaching thereto the inmate's photograph for reference.
H. The newly admitted inmate shall be thoroughly strip searched. His/ her clothing shall also be
carefully
examined for contraband. He/ she is then checked for body vermin cuts, bruises and other
injuries, and
for needle marks to determine if he/ she is a drug dependent.
I. The Jail Medical Personnel or the local Health Officer immediately conducts a thorough
medical
examination of When it is not possible for the Jail Medical Personnel to the inmate. In
attendance during
the inmate's admission, the receiving officers shall observe the mental alertness, overall
appearance.
Physical abnormalities, rashes, scratches or other identifying marks of the individual and note
them down
in the inmates jail report. The offender observed to be suffering front any contagious disease is
immediately isolated.
K. 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. Upon
commitment, the inmate should be briefed or oriented in the jail rules and regulations by the
Chief
Custodial Officer or the Officer of the day prior to classification and segregation.
M. The sentenced inmates shall be provided by jail clothing. His/her personal clothing should be
properly
received, cleaned and stored safety until his/ her release. The detainee, for his' her own safety,
may be
allowed to wear civilian clothes.
N. The warden establishes and maintains a record of all inmates, consisting of information of
the inmate's
name and alias(es), if any; weight, height, and body marks or tattoos, if any; nationality and, if a
naturalized Filipino, his/her previous nationality; previous occupation/ profession; prior criminal
convictions; and previous place of residence. In the case of a detainee, the record shall also
indicate the
crime of which he/ she was convicted; the sentencing court, his/ her sentence and the
commencement
date thereof; institutional behavior and conduct, and the date he/ she was received for
confinement.
In the case of detainee, the record shall indicate the Criminal Case number in the trial court
where the
case is pending; or the Case number in the Appellate Court if the case is on appeal and the
status of the
appeal; or the reason for his/ her detention.
O. Upon completion of the reception procedures, the detainee is assigned to his/her quarters.
P. The detainee should be issued all materials that he/ she will be using during his/ her
confinement.
Q. Upon receipt of a detainee, he / she shall be appraised, preferably in the dialect which
he/she
understand, that under Article 29 of the Revised Penal Code, as amended by Republic Act No.
6125, his/
her preventive imprisonment shall be credited in the service of his/her sentence, consisting of
deprivation
of liberty of the whole period he/ she agrees voluntarily in writing to abide by the same
disciplinary rules
imposed upon convicted prisoners; Provided, that he/ she is not a recidivist, or has not been
previously
convicted twice or more times of any crime; and when, upon being summoned for the execution
of his/
her sentence, he/ she surrendered voluntarily.
R. If the inmate agrees to abide by the same disciplinary rules imposed upon convicted inmates.
He/ she
shall be asked to Sign Detainee's Manifestation. Otherwise, the warden issues a Certification
under oath
to the effect that the detainee was apprised of the provisions of Article 29 of the Revised Penal
Code, as
amended, and that the detainee refused to abide by the rules imposed upon convicted inmates.
S. An inmate who signs a Detainee's Manifestation shall be treated as a sentenced inmate
insofar as
work and discipline are concerned. Any failure or neglect to perform his/ her assigned work shall
be
sufficient cause for the cancellation of the Manifestation. Thereafter, he/ she shall not be treated
as a
convicted inmate and cease to earn the privilege granted.
T. A detainee who is covered by a Certification is not required to work but she/ he may be made
to clean
his/ her cell and perform such other work as may be necessary for hygiene or sanitary reasons.
He/ she
shall be credited with the service of his/ her sentence with four- fifths (4/5) of the time during he/
she was
detained.
U. 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 and the same shall form part of the
records of
the case.
The same procedure shall be followed with respect to all accused persons who have been
convicted but
whose cases are pending appeal before a higher court. The Detainees Manifestation or
Certification as
the case may be, shall form part of the records of the case.
V. Full credit for the preventive imprisonment shall commence from the date of the Detainees
Manifestation.
SPECIAL NEED OR UNUSUAL OFFENDERS
As a general rule, special/unusual offenders should not be held in jails with other offenders.
Female
offenders should be confined in a separate institutions from men. However, until adequately
detention
homes shall have been provided, the jail will continue to serve as their temporary homes.
The following are the offenders with special need/unusual offenders;
a. FEMALE f. ESCAPE-PRONE PRISONERS/DETAINEES
b. DRUG ADDICTS g. THE HANDICAPPED, AGED AND INFIRM
c. ALCOHOLICS h. SUICIDE-RISK OFFENDERS
d. MENTALLY-ILL i. THE YOUTHFUL OFFENDERS
e. SEX DEVIATES j. ALIEN OFFENDERS
SECURITY AND CONTROL
The overall concept of jail security operations encompasses both prevention and rehabilitation.
These two
efforts are inseparable as neither can be accomplished without the other. Jail security is
necessary to
safeguard the lives of people residing within the vicinity, those managing the jails, and inmates
whose
lives are to be rehabilitated to become constructive members of society.
The following guidelines should be strictly observed in jail, security and control.
A. Maintain strict control of firearms. Never permit any firearm inside the jail except in some
areas where
firearms are authorized.
B. Maintain 24 hour supervision of the offenders.
C. Maintain a system of key control which shall include an accurate listing of all keys and a
receipting
them. Never permit the offenders to handle keys or to study them.
D. Secure firearms and Anti-riot equipment in the armory where they shall be within easy reach
of the jail
guard and yet afford maximum security access by offenders. Supervise the proper use of tools
and other
potentiality.
E. dangerous articles such as bottles, acids, kitchen knives, etc., and keep them out of
offenders' each
when not in use.
F. Conduct regular offenders' count at least four (4) times within the 24 hour a day period.
Establish
procedures which will ensure beyond doubt, that every offender is physically present or
accounted for, at
every count.
G. Conduct frequent surprise searches of offenders and their quarters to detect contraband.
H. Conduct frequent inspections of security facilities to detect tampering or defects.
I. Develop plans dealing with emergencies like escapes, fires, assaults and riots. Make plans
known
and understood by jail personnel.
K. Never allow a jail guard to open the offender’s quarters alone. At least, another guard should
be
present.
L. Select carefully the offenders to be assigned as orderly or aide and maintain rigid control over
their
activities. No offender should be allowed to assume any of the authority which belongs to the jail
staff or
shall any offender be allowed to exercise authority, supervision and control over other prisoners.