Caritas Christi Review Center

Review Notes on Institutional Correction 2017

By: Johnny Rey D. Cailing

Correction and Penology

The Difference

Correction Penology (Penal Science)

Is the study of the methods that have
been and are employed for the
punishment and deterrence of such
behavior and the study of the efforts to
accompany punishment with measures
that are intended to change or correct
the offender.
One of the pillars of the Criminal Justice
System used in the administration of
Justice.
(Influence by Positivist School of
Thoughts)
Therefore, the purpose of
punishment is rehabilitation and the
corner stone is education.
Is that part of the science of criminology
that studies the principles of punishment
and the management of prisons,
reformatories and other confinement
units. The word “penology” was coined
by Francis Lieber. It is also derived
from a Latin word “poenalis” which
means “punishment” and from a Greek
word “poene” which means “penalty or
fine”.
(Influence by Classical School of
Thoughts)
Therefore, the purpose of
punishment is retribution and the
corner stone is discipline.

Correctional Administration and Penal Management

The Difference

Correctional Administration Penal Management

the study and practice of a system refers to the manner or practice of
management of jails or prisons and other managing or controlling places of
institution concerned with the custody, confinement as jails or prisons.
treatment and rehabilitation of criminal
offenders.

The term correction could mean two separate meanings. First, it is the institution that
provides community’s official reaction to a convicted offender, such institution is a
branch of the administration of criminal justice, charge with the responsibility for
custody, supervision and rehabilitation of the convicted offender. Second, it is a study
of methods that have been and are employed for the punishment and deterrence of
such behavior and a study of efforts to accompany the punishment with measures that
are intended to change or correct offenders. Both definitions comes from the principle
of punishment and the management of prisons, reformatories and other confinement
units. The birth of penology is also considered the birth of a humane approach in the
administration of justice.

Corrections stand as the fourth pillar of the components of our Criminal Justice
System. Some people viewed it as the weakest pillar among the pillars of criminal
justice. This is due to an assumption that correctional institutions cannot rehabilitate
offenders, which is manifested through the increase of criminalities and recidivism. But,
the fact is nobody wants nor loves to be imprisoned, nobody wants their freedom be
curtailed. If one commits a crime we scientifically explain it why he commits a crime,
and not allege that it is due to some failure or our criminal justice system, that pushes
the individual to commit crime.

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 Corrections denoted its concern and operate as society’s primary formal
dispenser of punishment. Corrections, however, is more than simply a nice term for
punishment. The root of the word implies and focuses on correcting a problem or series
of problems in society. It has come to stand for a broad category of activities ranging
from incarceration of offenders, to assisting ex-offenders in securing employment and
education in the community to provide assistance for the victims of crimes.

Revolutions in the History of Correction

1. Age of Reformations- replaced corporal punishments exile and physical disfig-

urements with the penitentiary.

2. Age of Rehabilitation- assumed that animals were handicapped persons suf-

fering from mental or emotional deficiencies. Under this individual therapy
aimed at healing these personal maladjustments became the preferred style.

3. Age of Reintegration- society becomes the patients as well as the offender.

Much more emphasis is placed on the pressures exerted on the offender by
the social groups to which he belongs and on the society that regulates his
opportunity to achieve his goals.

Theories of Penology

1. Absolute Theories – these theory concerns with the legalistic approach on penal ap-
plications as a ground of calling justice. The imposition of punishment is a retributive
nature of justice reformation, deterrence, crime prevention, self-defense and con-
trol. It adopts the principle of “nullum crimen, nulla sine poena lege” there is no
crime if there is no law punishing it.

2. Relative Theories – these theory concerns that punishment is a utility and usefulness
of the society.
Classifications:

a. Reformative – reformation is the ultimate objective of punishment.

b. Exemplarity – punishing criminals will deter the others from committing crimes.
c. Protective – people must be protected from socially danger persons.

3. Compromisual Theory – this theory settles the concept of justification, sentiments

and grounds for punishment through compromises of conflicting views. Its objec-
tives concern with retribution and deterrence of criminals.

Approaches in Corrections

Institutional Corrections Non-Institutional Corrections

agencies and institution responsible for also known as the Community Based
maintaining physical custody of an Corrections, it is a correctional activity
offender. (ex. Prison, jail, rehabilitation that takes place outside the institution/
center) prison walls. (ex. parole and probation)
(Traditional Method that requires (Modern Method that does not requires
incarceration) incarceration. Also known as Community
Based Corrections.

The Concept of Penalty

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Penalty in its general sense signifies pain; in the juridical sphere, it means suffering
undergone, because of the action of society, to one who commits a crime.
The very purpose or reason why society has to punish a criminal is to secure justice.
The society or state has to protect its existence, assert what is right for the people
based on moral principles, which must be vindicated. The giving of punishment, which
is exercised by society, is the fulfillment of service and satisfaction of a duty to the
people it protects.

Purpose of Penalty

1. Retribution or Expiation – the penalty is commensurate with the gravity of the

offense as a matter of payment for the damage done.

2. Correction or Reformation – as shown by the rules which regulates the execu-

tion of the penalties consisting in deprivation of liberty, thereby giving chance
for his reformation.

3. Social Defense – as shown by its inflexible severity to recidivist and habitual

delinquents. Society must provide the welfare of the people against any disor-
der in the community.

Goals of Sentencing:

1. Retribution – is the act of taking revenge upon a criminal perpetrator.

2. Incapacitation – is the use of imprisonment or other means to reduce the

likelihood that an offender will be capable of committing future offenses.

3. Deterrence – is a means, which seeks to prevent others from committing

crimes or repeating criminality.

4. Rehabilitation – is the attempt to reform a criminal offender, the state in

which a reformed offender is said to be rehabilitated.

5. Restoration – a goal of which attempts to make the victim whole again.

Punishment and Penalty

The Difference

Punishment Penalty
Is the redress that the state takes Is the suffering inflicted by the State
against an offending member. for the transgression of law.

Nature of Punishment

The general concept of punishment is that it is infliction of some sort of pain on

the offender for violating the law.

Social Justification of Punishment and Legal Condition of Punishment

The Difference

Social Justifications Legal Conditions

1. Prevention – the state must punish 1. The penalty must be productive of
the criminal to prevent or suppress suffering without affecting the in-
the danger to the state arising from tegrity of the human personality.
the criminal acts of the offender. 2. The penalty must be commensurate
2. Self-defense – the state has a right to with the offense, that different crime

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 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 – the object of punish-
ment in criminal cases is to correct
and reform the offender.
4. Exemplarity – the criminal is punished
by the state as an act to deter others
from committing crimes.
5. Justice – that crime must be punished
by the state as an act of retributive
justice, a vindication of absolute right
and moral violated by the criminal.
must be punished with different
penalties.
3. The penalty must be personal in that
no one should be punished for the
crime of another.
4. The penalty must be legal, that it is
the consequence of a judgment ac-
cording to law.
5. The penalty must be certain, that no
one may escape its effects.
6. The penalty must be equal for all.
7. The penalty must be correctional.

Nicomedian Ethics:

 This is a title of a book that was written by Aristotle (in Athens) in his 1 st
attempt to explain crime.
 This is about the corrective justice stating “Punishment is a means of
restoring the balance between pleasure and pain”.
 Also forwarded the concept of restitution when he wrote “punishment is
a means whereby the loss suffered by the victim is compen-
sated”.

Theoretical Foundations in dealing with Criminals:

1) The Classical School of Thought – (Beccaria) “Let the punishment fits the
crime”. The philosophy of hedonism and freewill, this is to make a rational
choice between what will cause pain and what will result in pleasure.

2) The Neo-Classical School of Thought – Children and lunatic persons do not

have freewill thus they must be excluded to any punishment since they do
not know what is right or wrong.

3) The Positive School of Thought – (Lombroso) “Let the treatment fits the
criminal”. People cannot always be held accountable for their behavior be-
cause of the factors beyond their control. This is known as “Determinism”,
man’s freewill can be influenced and dictated by physical, psychological
and environmental conditions. Therefore, criminals should not be pun-
ished but rather be treated because he is having illness which leads him to
do wrong.

EARLY FORMS OF CORRECTION:

(Brief Background)

(People believe that when a person commits a crime he was possessed by demon. The
system of correction is focused on casting out demons inside the person’s body.)

 Pungent Potion – drink potion to drive away evil spirit that leads him to commit a
crime.
 Grotesques Mask – they wear masks and dance around the person who commits
a crime to drive out evil spirit in his body.
 Trephination Method – a piece of stone or wood which has very sharp edge that
will use to make a hole at the person’s forehead.
 Banishment – a person will be rejected in the community, if he refuse to do so,
he will be killed.
EARLY FORMS OF CORRECTION:

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 (Detailed Background)

During the early development of civilization, people believe that when a person commits
a crime he is being possessed by demon. The system of their correction is focused to
cast out the demon inside the person’s body. Which was the very cause why he
committed crime. The following methods were used:

1. Pungent Poison – when an individual commits a crime they let the person
drink a pungent poison to drive away the evil spirit inside his body which
leads him in the commission of crime.
2. Grotesques Mask – they wear a grotesque mask and they dance around the
person who commits a crime in order to drive out the spirit in his body.
3. Trephination Method – a piece of stone or wood which has very sharp edge
will be used to make a hole at the forehead of the person who violates the
law and they will pray or cast out the evil spirit to get out of his body.
4. Banishment – when a person commits a crime he will be rejected by the com-
munity for him not to influence others to commit crime, if he refuses in his
community he will be killed.

EARLY FORMS OF PUNISHMENT:

(Brief Background)

 Flogging – is the whipping of stick, rope or leather to a person who violates the
law.
 Mutilation – cutting some parts of the offender’s body.
 Branding – lesser of that mutilation as punishment of crime.
 Public Humiliation – gives opportunity to the members of the community to take
vengeance. Offender was heckled and spit upon by passers, throwing of toma-
toes or rotten eggs to the offender.
 Exile or Banishment – England prisoners were sent to America in early 1618 as
their captive labor force for the development of colonies. Also known as “Trans-
portation”.
 Work House – inmates will work instead of punishing them.

EARLY FORMS OF PUNISHMENT:

(Detailed Background)

Flogging – it is the whipping of a stick, rope, or leather to a person who violates the
law.
The famous whip, was the Russian knot made out of leather thongs tipped with
fishhook like wires. A few strides with the knot produced serious lacerations and often
resulted in much blood loss. Another type of whip is the cat-o-nine tails, which is made
of nine strands of leather or rope.

Flogging was widely used in England during the Middle-Ages, were offenders are
beaten as they run through the streets with their hands tied behind their back.

Mutilation – it is the cutting of some parts of the offender’s body. Throughout history
various societies have tongues ripped out, and pickpockets have suffered broken
fingers.

Extensive mutilation, which included blinding, cutting off the ears, and ripping out the
tongue, was instituted in eleventh-century in Britain and imposed upon hunters who
poached on Royal Lands.

Today, Iran and Saudi Arabia still use the mutilation type of penalty which incapacitates
offenders and giving to society a walking example of the consequences of crime.

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Branding – was used as a lesser form of mutilation, the Romans, Greeks, French,
British, and may other societies have all used branding. In 1829 the British parliament
officially eliminated branding as a punishment of a crime. Offenders who are branded
have an identifying marks on the hand if he repeat its violation the marking is placed at
the forehead.

Public Humiliation – it gives an opportunity of the members of the community to take

its vengeance. Offenders are sent to the stock or pillory found themselves captive and
on public display. They will be heckled and split upon by passers-by. Other citizens
might be gather to throw tomatoes or rotten eggs. On occasions, citizen who were
particularly outraged by the magistrate or nature of the offense would substitute rock to
end the offender’s life.

Exile or Banishment – the ancient Hebrew periodically forced a sacrificial goal

symbolically carrying the tribes sin into the wildness, a practice which has given us the
modern word “scapegoating”. Since then, many societies have banished “sinners
directly. The French sent criminal offenders to devil’s Island, Russian’s had used Siberia
as the land where banished people are sent. England sent their prisoners to America
beginning in 1618, the British program of exile, is known as “transportation”, which
served the dual purpose of providing a captive labor force for development of the
colonies, as they oppose the corporal punishment.

In 1776, the American Revolution forced the practice to end. The British penology
shifted to the use of aging ships, called hulks, as temporary prisons. Hulks were
anchored in harbors through England and serves as floating confinement facilities.

In 1787, after Captain Cook had discovered the continent, Australia became the new
port of call for English prisoners.

Work houses – during the sixteenth century, Europe was faced with an economic
upheaval product of their industrial revolution. Thousands were unemployed and
vagrants where in towns and villages seeking food and shelter. Because their homes
and pieces of land were sold for the industrialization of Europe. Churches that time was
the primary social relief of the people’s situation.

The government of Europe believed that poverty was the caused of laziness. They
created workhouses designed to instill the habits “Saint Bridget’s Well”. The name in
Europe opened in 1557 in a former British Brides well became synonym for workhouses.
Brides well taught word habit to the inmates and not punish the convict instead, it was
replaced by hard work.

Constitutional Restriction on Penalties

The Philippine Constitution directs that excessive fines shall not be imposed, nor cruel
and unusual penalties when it is so disproportionate to the offense committed as to
shock the moral sense of all reasonable when as to what is right and proper under the
circumstances.

Classification of Penalties

1. Capital or Corporal Punishment – death through lethal injection.

2. Afflictive Penalties – deprivation of freedom
a. Reclusion Perpetua – 20 years and 1 day to 40 years of imprisonment.
b. Reclusion Temporal – 12 years and 1 day to 20 years imprisonment
c. Prison mayor and Temporary disqualification – 6 years and 1 day to 12
years. Except when disqualification is accessory penalty, in which case
its duration is that of the principal penalty.
3. Correctional Penalties – deprivation of freedom or restriction of freedom

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 a. Prison Correctional : 6 months and 1 day to 6 years, except
b. Arresto Mayor : when suspension is that of the principal
c. Destierro

4. Light Penalties
a. Arresto Menor – 1 day to 30 days of imprisonment
b. Public Censure

Preventive Imprisonment – The accused undergoes preventive imprisonment

when the offense charge is non-bailable, or even if bailable he cannot furnish the
required bail.

Subsidiary Penalty – It is subsidiary personal liability to be suffered by the

convict who has no property with which to meet the fine, at the rate of one (1)
day for eight pesos, for its imprisonment. This is only applicable when the
penalty imposed a fine and not to damages or civil liabilities imposed upon the
convicted felon.

The death penalty – was restored through R.A. 7659 which took effect on
December 3, 1993 for certain heinous crime. Such as Treason, piracy, Qualified
Piracy, Qualified Bribery, Parricide, Murder, Infanticide, Kidnapping and Serious
Detention, Robbery with Homicide, Destructive Arson with Homicide, Plunder
Dangerous Drugs and Carnapping.

The death sentence shall be executed by Lethal Injection as provide under

Republic Act No. 8177, which was approved on March 20, 1996.

The death sentence shall be carried out not earlier than one (1) year nor later
than 18 months after the judgments becomes final and executory. Provided, that
the Supreme Court who does the review of the case in which death penalty was
imposed have reach a vote of eight (8) Justices as provided under Republic Act
No. 296. Otherwise death penalty shall not be imposed. The convicted felon will
be given a penalty of reclusion perpetua.

In all cases where the death sentence has become final, the records of the cases
shall be forwarded the office of the President for possible exercise of the
pardoning power.

Death Penalty shall not be imposed if:

1. When the guilty person is more than 70 years of age;

2. When upon appeal or automatic review of the case by the Supreme Court,
the required votes is not obtained for imposing the death penalty;
3. When the convict is a minor under 18 years old of age.

Death Penalty shall be suspended when the convict is a:

1. Pregnant woman;
2. Within one (1) year after delivery of a pregnant woman;
3. Person over 70 years of age.

Developments of Prisons

Prisons were developed gradually as a substitute for transportation exile public

degradations especially corporal punishments and the death penalty (by virtue of

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Pennsylvania Reform Act of 1790). Imprisonments was introduced to substitute for
corporal punishments was initiated by William Penn of Pennsylvania as well as the
abolition of death penalty except for the first degree murders. Prisons and Penitentiaries
were constructed for the confinements of persons with longer sentences who are
convicted of serious crimes.

Penitentiary Concept

The term penitentiary came from the Latin word “Paennitentia”, meaning penitence and
was coined by an English prisoner reformer, John Howard, it referred to a place were
crime and sin may be stoned for a penitence produced. Massive edifies of concrete and
steel, the original penitentiaries were designed to facilitate solitary contemplation of
one’s misdeeds. It was felt that introspection in solitude was conductive to personal
reform. It was also believed that if prisoners were allowed to associate, they would
criminally contaminate one another. At present, the terms prison and penitentiary are
used synonymously.

The Rival Prison System in Early History of Imprisonment

Auburn Prison System and Pennsylvania Prison System
The Difference

Auburn System Pennsylvania System

 Prostituted and convoluted version of  Late 18th century to early 18th century,
the St. Michael system as espoused by Pennsylvania became a leading inno-
the Roman Catholic Church. vator in prisons operation.
 In Auburn, New York ( 19th Century )  The rival of Auburn system during
 Solitary confinement began to be ex- these times.
perimented on some three (3) years  Based on the concept on solitary con-
after it started to operate. finement and rendering labor.
 Tiny cells where built for individual  Each cell has small exercise area to al-
prisoners where he is confined with- low the prisoner to maintain physical
out any exercise or any activity. condition to be more valuable in pro-
 This system was designed to make duction.
the prisoners not in inactivity while in  This facility has a work area for day
solitary confinement. time works.
 Any prisoners who dared speak or  Allow bible reading for spiritual and
make any sound was severely emotional transformation, to be pro-
whipped. ductive upon release.
 This system resulted in substantial  This system is applied in European
number of suicides and insanity and Countries.
the practice was abandoned 5 years
after it was introduced.
 Solitary confinement as a method of
punishment was abandoned in the
U.S. because prisoners can’t be made
productive and unprofitable to main-
tain.
 This system was modified to allow the
prisoner to work during day time in
common areas but must maintain ab-
solute silence and then spend their
nights in solitary confinement.
 This modification was adopted be-
cause it was found out that people
working collectively in common areas
produced more benefits that working
individually.

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 A World History, Philosophy and Objective of Prisons:

 Code of Hammurabi
 1750 BC to 1900 BC (Babylon)
 Found in Manama Dharma of India, and Hermes Trismegitus of Egypt
 The principle of LEX TALIONES (an eye for an eye and a tooth for a tooth)
 Two (2) tired concept (not everybody is equal in imposition of punish-
ment)
 Stiffer punishment in offenders from upper classes
 Uncivilized due to naked revenge than modern concept of rehabilitation
and treatment.

 Mosaic Code
 Also retribution
 But allows restitution (settlement)
 Allowed flogging or burning alive

 King Ur-Nammu’s Code

 In city of Ur in ancient Sumeria
 Restitution as a concept of justice (restorative justice)
 Allows fines, mutilation and other savage penalties
 Punished offenders and at the same time will paid the victims as a reim-
bursement as a result of the crime committed
 No death penalty, in case of death is Fine/ Financial consequences

Retribution defers from Restitution:

Retribution – personal vengeance (Retaliation)

- Justice flows from the victim to the offender

Restitution (restore) – justice flows from offender to the victim

- Elevates the status of the victim

Early Forms of Imprisonment:

 Furca
 Ancient Greece around 400 BC
 V-shape yolk, worn around the neck
 Outstretched arms of the convict were tied

 In Ancient Greece
 Testimony of the slaves can only be accepted if it was acquired through
torture
 Reason of imprisonment is to detain those who are undergoing trial
 If convicts refuse to be punish or to pay fines will be imprisoned in Ro-
mans Style
 Their justice is not vengeful/ retributive and must reform the offender also
to deter others to commit crime (humane method only for Greek citizens
or prominent inhabitants “privileged class of Greek society have rights”)

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  Most brutal find of punishment will only be inflicted to aliens and slaves
(those who belongs to exploited classes)
 Citizens will be fined for a crime. If committed by slaves or aliens will
likely be flogged.

 Underground Cistern
 Detainees are those who are undergoing trial
 Sentenced offenders will be hold and be starved to death

 Ergastulum (Roman Prison)

 The prisoners and slaves were forced to do hard labor
 It confines slaves and be attached to workbenches

 Burgundian Code (500 AD)

 Existed around same time as Jesus Christ
 Introduced the concept of restitution
 Punishment were met according to the social class of the offender
 The offender should pay specific value in order not to undergo physical
sufferings as penalty. This is only applied to nobility and middle classes
 Death penalty awaits on slaves who commit murder, assaults on noble or
middle class women, sexual relations with the noble and middle class, and
giving aid and comfort to escape offenders
 Xenophon and Demosthenes suffered this punishment for their philosophi-
cal beliefs

 Paterfamilias:
 A concept wherein the head of the family has virtually limitless power to
punish erring family members and slaves.

 Centuriate Assembly:
 By 509 B.C. a law was passed prohibiting flogging or execution except if
this assembly will affirmed.

 Stocks:
 A kind of device that was fastened at the ankle, neck and wrist of offender
for a long period of time.

 Stoning to Death:
 This is practiced in the time of Jesus that is still existed today in Islamic
countries like Afghanistan and Pakistan.

 Breaking on the Wheel:

 The offender’s body is fastened by metal bands to a board made of wood
and then had their bones systematically broken.

 Burning Alive:
 Existed in Ancient Greece which was also practiced by the Romans.
 Roman Catholic Church also resorts to this punishment during the time of
the inquisition for unbelievers, witches and heretics.

 Destierro:
 This was Banishment before that was also practiced by the Spaniards and
was incorporated in Codigo Penal in the Philippines. (Not less than 25 km
radius not more than 250 km radius. Remember: if you go beyond 25 km
there will be a crime of evasion of service of sentence, but if you go be-
yond 250 km there is no crime for the main purpose of destierro is protec-
tion)

 Ecclesiastical Court:

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  A court that conducts trials to priests offenders and all those connected
with the church.
 More compassionate
 Later granted to anyone who was literate

 Papal Bull:
 By Pope Innocent VIII, in 1487
 This allowed refugee offenders to be driven out of the sanctuary if they
used this for committing a crime.

 The Inquisition:
 Another Ecclesiastical court that has gained historical notoriety throughout
the Ages for his viciousness.
 Responsible for detection and punishment of unbelievers and heresy
 Officially begin with declaration of the Lateran Council, 1215 which al-
lowed “Torture”.
 Throughout this Dark Age Church can punish anyone, many become vic-
tims of trumped up charges that they were witches or advancing scientific
studies.

 Galileo Galilee:
 Almost burn at the Stake, if only for his popularity.
 Because of his discovery that the earth was not flat.

 Pope Leo 1:
 The 1st Pope that fully express approval for killing human.
 Sanctioned death as punishment
 Heresy was the crime that was strictly for death penalty.

 Priscillian:
 The 1st recorded Christian who was put to death for being a heretic.

 Pope Innocent III:

 Tried to wash hands like Pontius Pelate when it turned over heretics to
secular authorities for proper punishment including death.

 Papal Encyclical “Excommunicamus”

 By Pope Gregory IX, in 1231, initiated inquisition that led to the burning of
hundreds of heretics.
 The burning of non-believers at the stake.

 Pope Innocent IV:

 Officially introduced torture to the inquisition procedure in 1252.

 Encyclical “TertioMillenioAdvenicute”:
 By Pope John Paul II, a pro-life pope who reversed culture of death.
 Formally apologized past intolerance and use of violence in the defense of
truth.

 Evangelium Vitae:
 By Pope John Paul II, he calls to reject death penalty, abortion, use of
contraceptives and euthanasia.
 This challenges to break away from the “culture of death” especially treat-
ment of killings.

 Galleys:
 From the middle of 14th century to the beginning of 19th century.

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  they were slaves chained to oar the ship
 practiced in Ancient Rome and Greece

 Gaols – also known as Jails (old legal term for Jail)

Gaolers – also known as Jailers
 Hard for poor prisoners but not for the wealthy ones because of the high-
est rate of accommodations and other payments.

 The Brank:
 This is a metal frame that was put in the head like a hat and a painful
mouthpiece was inserted in the mouth.

 King Henry VIII (In England)

 He decreed corporal punishment for vagrants in 1531 and penal slavery in
1547.
 Nobility gets their privileged status in the society.

 Bridewell Institution:
 In 1556 Bridewell England
 Some writers claim that this took place in 1552 during the reign of King
Edward VI
 Established as a workhouse for vagabonds, idlers and rogues.
 Employs a system wherein vagrants and prostitutes were given works
while serving their sentence. This system is called the Bridewell System.
 This system is utilizing prison labor for benefits of wealthy individuals and
government officials.
 In 1166 A.D. Assize of Clarendon (Constitution of Clarendon) constructed
the first facility designed solely for public incarceration. This facility was
known as Gaol (known as Jail today). The gaol was being managed by
the Shire Reeve.

 Mercantilism – Capitalism

 Feudalism – Landlords
 Guillotine:
 Introduction of a cleaner and swifter method of executing convicts.
 Penitentiary Act:
 An act passed in the year 1779, mandated the establishment of a prison
system based on solitary confinement, hard, labour, and religious instruc-
tion.

 Norfolk Prison:
 At Wymondham, England was opened after five years of P.A. of 1779.

 National Penitentiary:
 Of Millbank followed to open in 1821.

 Pentonville National Penitentiary in 1842.

 1895 – A committee tasked to make an assessment of the entire English prison

system found it to be a failure and recommended that both deterrence and refor-
mation should be carried equally as to goal of imprisoning convicts or training
should be incorporated in the program of prisoners.

 Fort Santiago in Manila and Fort Pillar in Zamboanga City:

 Built by Spaniards as a defence against pirates and bandits groups who
refuse to recognize the colonial authority of Spain.
 Built thru corvee labour.

12
  Corvee Labour - Services rendered not for punishment but thru force
labour, abducted at large from general populace by Spanish conquista-
dors.

 Prison Labour in Marseilles, France ( 18th Century )

 Was organized into state factory and was rented out to a group of mer-
chants. A M.O.A. is signed by the contracting merchant on state for uti-
lization of able bodied prisoners. This development sowed the seeds of
practice of providing health service.in prisons to treat medical problems of
prisoners.

 Amsterdam, New York (1600’s )

 A place where the first recorded prison in the colonies was established.
 Incarceration’s common use was for those undergoing trial and for those
who refused to pay debts other than for punishment.

 Connecticut and Maine:

 Used underground facilities to incarcerate offenders for many years due to
lack of funds for the establishment of formal prison institution. (New Gate
Prison is established and known to be as “black hole of horrors”)

 Maine State Prison:

 Contained cells in the pits similar to underground cistern that used to de-
tain offenders undergoing trial and hold sentence offenders where they
will be starve to death.
 These pits are entered through an iron grate in the ceiling and are being
used (1828 ).

 The State of Connecticut:

 Used a copper mine at Simsbury from 1773 to 1827 as prison facilities.
 Prisoners worked in the mines during the day and their ankles and necks
are shackled during night time to prevent escape.

 Sing-Sing Prisons:
 Became famous in the world and was the plot of many movies filmed be-
cause of Sing2x Bath inflicted aside from floggings, denial of reading ma-
terials and solitary confinement.
 The shower bath was a gadget so constructed as to drop a volume of wa-
ter on the head of a locked naked offender.
 The force of icy cold water hitting the head of the offender caused much
pain and extreme shock that prisoners immediately sank into the comas
due to the shock and sudden drop in the body temperature.
 The Sing-Sing bath becomes more frequent when flogging was declared
illegal in 1847.

 St. Michael Prisons:

 Introduced by Roman Catholic as an innovative prison system for punish-
ing offenders.
 The prison that was divided into cells and this was first established in
1704.
 During the reign of Pope Clement XI
 The prototype of the reformatories for juvenile offenders.
 A proof that retribution and repression is an object failure in the control of
criminality.
 Emphasized the rehabilitative concept and pioneered the segregation of
prisoners and force silence to make the prisoners contemplate their
wrongdoings.

13
  Physical torture was minimized and reserved for incorrigibles.
 This was supplanted by mental and psychological stress due to extreme
loneliness of segregation and force labour.
 Convicts are chained in one foot and observing strict rule of silence.
 They listened to religious brothers giving religious teachings.
 Many of the practices pioneered in St. Michael were later adopted in U.S.
in what is now known as the Auburn System of Imprisonment.

 Walnut Street Jail:

 The first American penitentiary (Philadelphia) adopting the principles of
John Howard of segregating offenders based on sex, age and mental ca-
pacity.

 Australia:
 The biggest penal colony of the world before it become a country. Prison-
ers in England were transported in this place in 1790-1875 to avoid de-
congestion.

 Indiana and Massachusetts:

 first Correctional for Women

 Ossining, New York:

 Mount Pleasant Female Prison in 1837

 New York House of Refuge:

 The first Juvenile Reformatory opened on January 1825
 Followed by Boston house of Reformation in 1826

 State of Massachusetts:
 Reform school for boys at Westborough in 1847
 First Public Institution for Juvenile Delinquent

 New Orleans:
 Municipal Boys Reformatory in 1845
Philippines Written Codes

The Philippines Early Codes

 Code of Kalantiao (1433) -first written law in the Philippines that provides the
most extensive and severe law that prescribes harsh punishment.

 Maragtas Code (by Datu Sumakwel)

 Sikatuna Law

The Reformatory Movement

This consisted in the introduction of certain reforms in the correctional field by

certain persons, gradually changing the old punitive philosophy of punishment (mass
treatment, enforce silence, idleness regimented rules and severe punishment); to a
more humane treatment of prisoners with innovative institutional programs. There was
no significant progress in prison work worth mentioning until the middle of the 19th
century. Most of the prisons established between 1819 and 1870 were constructed on
the basis of a program espousing the punitive philosophy, the features of which were
mass treatment, enforced silenced, idleness, regimented rules and severe
punishment.

14
 There are persons responsible for introducing reforms in correctional field.
They are:

A. Manuel Montesimos – He was the Director of Prisons of Valencia, Spain in 1835,

who divided prisoners into companies and appointed prisoners as petty officers
in charge; allowed the reduction of inmates sentence, by one third (1/3) for good
behavior; offered trade training to prepare the convicts for return to society.

B. Domets of France – established an agricultural colony for delinquent boys in

1839, providing housefathers as in charge of this boys. He concentrated on re-
education; upon their discharge, the were placed under the supervision of a pa-
tron.

C. Alexander Macanoche - as a Superintendent of the Penal Colony at Non Folk Is-

land in the island in Australia in 1840, he introduced a progressive humane sys-
tem to substitute, for corporal, punishment, known as the “mark system”
wherein the prisoners was required to earn a number of marks based on proper
department, labor, and study in order to entitle him to a ticket of leave or condi-
tional release which is similar to a parole.

Macanoche’s Mark System consisted of five stages:

1. Strict custody upon admission to the penal colony;

2. Work on government gangs;
3. Limited freedom on the island within a prescribed areas;
4. Ticket of leave; and
5. Full restoration of liberty

He also introduced other progressive measures such as fair disciplinary trials, buildings
of churches, distributing books and permitting prisoners to tend small gardens.

D. Sir Walter Crofton – He was the director of the Irish prisons in 1856, who intro-
duced the Irish system which was later on cared the progressive stage system.
The Irish system was gradually a modification of Manoche’s work system, and
consisted of four (4) stages:

1. Solitary confinement of prisons for 9 months, receiving reduced diet and

monotonous work, gradually progressing to a better treatment towards
the end pf the first stage;
2. Assignment to a public works in associating with other convicts;
3. Sending to place which was a sort a preparation for release where the
prisoner worked without custodial supervision. Exposing him to ordinary
temptations of freedom; and finally
4. Release of the prisoner of the supervision under conditions equivalent to
parole.

E. Zebulon R. Brockway – He was the superintendent of the Elmira Reformatory in

New York in 1876 who introduced a new institutional program for boys, 16 to 30
years of age. Under this program:
1. A new prisoner was classified as second grade;
2. Promoted to first grade after six months of good behavior;
3. Another six months of good behavior in the first grade qualified him for
parole. However, if the prisoner committed misconduct. He was demoted
to third grade where he was required to show good behavior for one
month before he could be re-classified to second grade.

15
The Elmira Reformatory is considered as the fore runner of modern penology because it
had all the elements of a modern correctional system, among which were: A training
school type, that is compulsory education: casework method; and intensive use of
parole based on the indeterminate sentence.

NOTA BENE: An indeterminate sentence is a sentence with minimum and maximum

periods of imprisonment. A prisoner is not eligible for parole consideration until he has
served his minimum sentence.

F. Sir Evelyn Ruggles Brise – was the director of English Prisons who open the
Borstal institution after visiting the Elmira Reformatory in 1897, such Borstal in-
stitutions.
Today are considered as the best reform institutions for young offenders. This
system was based entirely on individualize treatment.

Other Important Personalities in Correction

John Howard (1726-1790)

 Prisoners must be segregated according to sex, age, and gravity of their
offense;
 The jailer or staff must be paid to prevent extortion to prisoners;
a chaplain and a medical officer must be employed to address the spiri-
tual and medical needs of the prisoners;
 Prisoners should be provided with clothing and food;
 Liquor should be prohibited in jail.

Jeremy Bentham (1748-1832)

 He is the greatest leader in the reform of English Criminal law.
 He designed the panopticon, consisted with a large, cast iron and glass
containing multi- tiered cells around the perimeter with an observation
tower that has a special shutter to prevent the prisoners from seeing the
guards.

Gaylord B. Hubbell
 Warden of Sing Sing Prison in New York;
 Visited and studied the prisons in England;
 Recommended indeterminate sentences be used in American prisons;
 Reformatory based upon the concept of an earned early release if the in-
mate reformed himself.

The Golden Age of Penology/ The Age of Enlightenment in Penol-

ogy

The period from 1870 to 1880 was called the “Golden Age of Penology” because of
the following significant events: 

 In 1870, the National Prison Association, now American Correctional Associa-

tion, was organized and its first annual Congress was held in Cincinati, Ohio. In
this Congress the Association adopted a “Declaration of Principles,” so modern,
comprehensive in scope that when it was revised in the prison Congress of 1933,
few amendments were made. Since founding the Association has held annual
congresses of corrections in has taken active leadership in reform movements in
the field of crime prevention and treatment of offenders.

16
  In 1872, the first International Prison Congress was held in London. Repre-
sentative of the government of the United States and European countries at-
tended it. As a result of this congress, the International Penal and Peniten-
tiary Commission, an inter-governmental organization was established in 1875
with headquarters at The Hague. The IPPC held international congresses every
five years. In 1950, the IPPC was dissolved in its functions were transferred to
the Social Defense Section of the United Nations.

 The Elmira Reformatory, which was considered as the forerunner of modern

penology, was opened in Elmira, New York in 1876. The figures of Elmira were a
training school type of institutional program, social casework in the institution,
and extensive of parole.

 The first separate institutions for women were established in Indiana, Massa-
chusetts.

The Decline of Reformatory Movement

The Reformatory system movement subsided gradually following the opening of

Elmira because of the founders’ lack of faith in the effectiveness of the program. The
defect of the system was laid on the lack of attempt to study criminal behavior from
which to base treatment. By 1910, it was generally conceded that the reformatory
system of the United States was a failure in practice. It was not until 1930 that the
reformatory idea was revived as the direct result of the revamp of the educational
program of the Elmira Reformatory.
The Industrial Program Movement

The Elmira Reformatory movement was succeeded by the industrial prison

movement. The U.S commonwealth preferred the Auburn Prison system to the
Pennsylvania Prison system because of its congregated work program. The value of
prison labor began to be recognized in every prison system because of contribution that
the work program gave to the finances of the institution. As the economic problem
during the depression years became more acute, the need for more income from the
operation of the work programs in prison became more deeply felt. State governments
could hardly afford to provide the funds with which to run the prisons because of the
economic depression that hit the United States before and in the early 1930’s. In this
movement, there was an operation of industries inside penal institution and therefore,
considered a noble innovation that help support the prisons. Nearly every prison,
therefore, was converted into a factory engaged in the manufacture of articles which
were sold in the open market for profit. At about this time, it was observed that there
was a sudden increase of criminality in the United States. Some people attributed the
increase of criminality to the depression. The United states Congress created a
Congressional Committee were that the rise in criminality was caused by the increase in
recidivism and repeaters in crime, and that the increase in recidivism and habitual
delinquency was attributed to the abandonment of the rehabilitation program in penal
institutions in favor of the operation of industries. As a remedial measure, Congress
passed a law in 1934, which in effect, prohibited the sale of prison-made articles to
the public, and limited their use to government-owned institutions and agencies. This
law put an end to the Industrial Prison Movement.
The Six (6) Prison Labor

Six systems of inmate labor used:

1. Contract System – materials were provided by private businesses its manufac-

turing process was supervised inside the prison.

2. Piece-price system – materials and the products are produced by the prisons
and bought by the private businesses.

17
3. Lease system – prison institutions acting like labor firm or labor agency to
private businesses that need manpower.

4. Public Account system – goods and products are owned and manage by the
prison and sold it to the market.

5. State-use system – prisoners provided the labor for state agencies.

6. Public works – prisoners worked in roads and highways construction

Treatment Era of Prisons

Treatment era came after the World War II in 1940’s, this is based on a medical
model of corrections. This concept combined the correction, reformation and
behavioral treatment or psychiatric approach. Inmates are treated as “clients” or
patients” than offenders.

 Individual Treatment – The offender and the therapist develop a face-

to-face relationship. Most individual approaches depict the offenders as
someone who has not developed sufficiently to manage his own behavior
effectively. One reason for this is traumatic experiences in early life, the
therapist will try to uncover its causes and let the inmate understand in
order to produce effective behavioral changes.

 Group therapy relies upon the sharing of insights gleaned by process,

making it clear to the client the emotional basis of his or her criminal be -
havior. The inability of the inmates to own up responsibilities must be at-
tack and rid them off as values or self-concept, for them to accept positive
and productive image.

 GGI or Guided Group Interaction is a treatment strategy, which com-

bines elements of individual treatment, and group therapy. In GGI the
therapist assists the group in uncovering individual fears, hidden experi-
ences, and anxieties which act as barriers to conventional behavior.

 Behavior therapy was structured so as to provide rewards for approved

behavior, while punishing undesirable behavior. If the client was able to
follow good behavior rewards will be provided unto them such as: better
housing conditions, better foods, TV privileges, and the like.
 Chemotherapy – involved the use of drugs, especially tranquilizers, to
modify behavior.

 Neurosurgery – was used on highly aggressive inmates to control their

destructive behavior.

 Sensory Deprivation – is sought to calm disruptive offenders by deny-

ing them the stimulation, which might set off outbursts of destructive be-
havior.

 Aversion therapy – is through the use of drugs or electric shocks in an

attempt to teach the offender to associate pain and displeasure with a
certain stimuli, which previously led to criminal behavior.

Types of Informal Prison Groups according to

Donald Clemmer

 “The Politicians” or “Big Shots. The politicians have achieved distinc-

tion as a group in the prisoner community because of their checkered
criminal careers and participation in one or more notorious crimes. Their

18
 chief function in prison consist in seizing power, and the planning of sabo-
tage, strikes, riots, and future prison breaks.

 The “Right Guys”. The right guys exert tremendous power and influence
over other inmates in enforcing strict observance of the “Prisoners’ Code”.

 The “Moonshiners”. The moonshiners comprise those inmates who en-

gage in the secret manufacture and sale of moonshine liquor to other in-
mates. The ingredients of this spirituous concoction may include shaving
lotion, Listerine antiseptic, shoe polish, rubbing alcohol, sugar stolen from
the commissary, and perhaps other available components. This liquor is in
considerable demand by the “long termers,” neurotic prisoners, and de-
pressed inmates who require exotic stimulation.

 The Dope Peddlers. In many institutions a small informal group of in-

mate dope peddlers has the monopoly on the distribution and sale of nar-
cotics at exorbitant prices to fellow inmates. Narcotics are often smuggled
into an institution by unreliable guards and irresponsible visitors, who act
as liaison agents for the drug traffic.

 The Larceny Boys. The larceny boys make a special business of stealing
the personal belongings of unsuspecting prisoners and selling the loot to
still other inmates.

 The Gambling Syndicate. Gambling in prison is often organized into a

hierarchy consisting of several informal gambling groups. A monopoly of
gambling may exist within the institution whereby the Kingpin at the top
of the hierarchy exacts a toll, tax or levy from the stakes of each game
played.

 Manufacturers of Weapons. The prison also has its informal inmate

group secretly engaged in the production and sale of weapons to other in-
mates, such as knives, saws, hatchets, black jacks, whip, and the like.

Prison Lifestyles and Inmates Types according to John Irwin

 The Mean Dude. Some inmates adjust to prison by being mean. They
are quick to fight, and when they fight, they fight like wild mean (or
women). They give no quarter and seem to expect none in return. Other
inmates know that such prisoners are best left alone. The mean dude re-
ceives frequent write-ups and spends much time in solitary confinement.

 The Hedonist. Some inmates build their lives around the limited plea-
sures which can be had within the confines of prison. The smuggling of
contraband, homosexuality, gambling, drug running, and other officially
condemned activities provide the center of interest for prison hedonists.
Hedonists generally have an abbreviated view of the future, living only for
“now”.

 The Opportunist. The opportunist takes advantage of the positive expe-

riences prison has to offer. Schooling, trade training, counseling and other
self-improvement activities are the focal points of the opportunist’s life in
prison. Opportunists are the “do-gooders” of the prison subculture. They
are generally well-liked by prison staff, but other prisoners shun and mis-
trust them because they come closest to accepting the role which the staff
defines as “model prisoner”.

19
 The Retreatist. Prison life is rigorous and demanding. Badgering by the
staff and actual or feared assaults by other inmates may cause some pris-
oners to attempt psychological retreat from the realities of imprisonment.
such inmates may experience neurotic or psychotic episodes, become
heavily involved in drug and alcohol abuse, or even attempt suicide.

 The Legalist. The Legalist is the “jail house lawyer”. Just like the mean
dude, the legalist fights confinement. The weapons in this fight are not
fists or clubs, however, but the legal “writ”. Convicts facing long sen-
tences, with little possibilities for early released through the correctional
system, are most likely to turn to the courts in their battle against confine-
ment.

 The Radical. Radical inmates picture themselves as political prisoners.

Society, and the successful conformists who populate it, are seen as op-
pressors who have forced criminality upon many “good people” through
the creation of a system which distributes wealth and power inequitably.
The radical inmates speaks a language of revolution and may be versed in
the writings of the “great” revolutionaries of the past.

 The Colonist. Some inmates think of prison as their home. They “know
the ropes,” have many “friends” inside, and may feel more comfortable in-
stitutionalized than on the streets.

 The Religious. Some prisoners profess a strong religious faith. They may
be “born again” Christians, committed Muslims, or even Hare Krishnas.
Religious inmates frequently attend services, may form prayer groups, and
sometimes ask the prison administration to allocate meeting facilities or
create special diets to accommodate their claimed spiritual needs.

Types of Correctional Officers according to John Irwin

 The Dictator. Some officers go by the book; others go beyond it, using
prison rules to enforce their own brand of discipline. The guard who de-
mands signs of inmate’s subservience, from constant use of the word “sir”
or “ma’am” to frequent free shoeshine, is one type of dictator. Another
goes beyond legality, beating or “making” inmates even for minor infrac-
tions or perceived insults. Dictator guards are bullies. They find their
counterpart in the “mean dude” inmate.

 The Friend. Friendly officers try to fraternize with inmates. They ap-
proach the issue of control by trying to be “one of the guys”. They seem
to believe that they can win inmate cooperation by being nice. Unfortu-
nately, , such guards do not recognize that fraternization quickly leads to
unending requests for special favors from delivering mail to being “minor”
prison rules.

 The Merchant. Contraband could not exist in any correctional facility

without the merchant officer. The merchant participates in the inmate
economy, supplying drugs, pornography, alcohol, and sometimes even
weapons to inmates who can afford to pay for them.

 The Indifferent. The indifferent type of officer cares little for what goes
on in the prison setting. Officers who fit this category may be close to re-
tirement, or they may be alienated from their jobs for various reasons.
Low pay, the view that inmates are basically “worthless” and incapable of
changing, and the monotonous ethic of “doing time” all combine to numb
the professional consciousness of even young officers.

20
  The Climber. The climber is apt to be a young officer with an eye for
promotion. Nothing seems impossible to the climber, who probably hopes
eventually to be warden or program director or to hold some high-status
position within the institutional hierarchy.

 The Reformer. The reformer is the “do-gooder” among officers, the per-
son who believes that prison should offer opportunities for personal
change. The reformer tends to lend a sympathetic ear to the personal
needs of inmates and is apt to offer “arm-chair” counseling and sugges-
tions.

Types of Female Inmates according to Esther Heffernan

 The Square – Square inmates had few early experiences with criminal
lifestyles and tended to sympathize with prison values and attitudes of
conventional society.

 The Cool – Cool prisoners were more likely to be career offenders. They
tended to keep themselves and were generally supportive of inmate val-
ues.

 The Life – Life group members were full participants in the economic, so-
cial, and familial arrangements of the prison. The life offered an alterna-
tive lifestyle to women who had experienced early and constant rejection
by conventional society.

Inmate Work Programs

The Bureau’s work program for inmates has the purpose of keeping inmates
busy and compensating them for their labor in order that they can be have money for
their personal expenses in prison and families. These work programs are funded from
three (3) sources, namely: (1) from appropriated funds for inmates utilized as janitors,
orderlies and other administrative odd jobs; (2) from the Prison Agro-Industries trust
funds for inmates utilized as farm workers; and (3) from joint ventures such as TADECO
as banana plantation workers, Prison Inmate Labor Contract Office and Sam sung for
handicraft contracts. Inmate workers hired by private companies earn higher wages as
shown.

Inmate Education and Training

As a major program in inmate rehabilitation, the Bureau through its seven (7)
prisons undertakes, there are two types of education and training. The first is the non-
formal education offered by all penal institution; (1) Adult Literacy (2) applied Training
and (3) Orientation. The second is the formal education offered only at the New Bilibid
Prison, which covers College (BS Commerce), High School, Elementary and Vocational
Courses.

Religious Guidance and Counseling

The religious which includes worship and formation, ministerial rites, para-
lethargical and counseling is headed by a religious Guidance Adviser. Various religious
volunteers representing Christian denominations and Muslim groups attend the spiritual
need of the inmates. The influence of religion in prison life is strong positive factor in
the restoration of their faith, dignity and manhood.

Counseling Defined. A relationship in which one endeavors to help another solve his
problems of adjustments. This implies mutual consent between the counselor and the
client.

21
Inmate Health Care

The prison Medical Service of the Bureau of Corrections provides health care to
about 18,000 inmates. The Bureau’s biggest hospital has a five hundred (500)
employees. Each of the six (6) other penal institutions has its own hospital/infirmary
with one (1) to three (3) medical officers.

Medical cases that cannot be effectively treated at these hospital/infirmaries and

referred to better equipped government hospitals outside the prisons, chargeable to the
funds of the Bureau. As a standard procedure, inmates referred other hospital are
escorted by security officers and a members of the medical staff a medical allowance of
p.50 (US $0.02) a day is allotted each inmate.

Visitation Services

Inmates are allowed under supervision to be visited by the families and duly
registered friends from Sunday to Thursday from 9:00 a.m. to 3:00 p.m. daily.
Overnight conjugal visits are made only during special holidays like Christmas, New
Year, valentines and Independence Day.

Parole Examination

Then inmates’ carpets or record of service of sentence are submitted to the

Board of Pardons and Parole a month before the expiry of their minimum sentence
including Good Conduct Time Allowance and incentive imprisonment credits that they
may have earned.

Prison Agro-Industries

Prison agro-industries, which are the source of inmates livelihood programs, are
turned into joint ventures with private companies and non-governmental agencies to
improve production output and to provide adequate work programs for the inmates that
will enable them to earn just compensation while serving their prison sentence. Income
fro the Operation of Agro-industries in partnership whit the private sector augments the
Bureau limited appropriation.

Guidelines Prison Labor in the Philippines

Prison labor of finally convicted inmate:

 A finally convicted able-bodied inmate may be required to work at least eight (8)
hours a day, except on Sundays and legal holidays.

Prison labor of a detainee:

 A detainee may not be required to work in prison. However, he may be made to
police his cell and perform such other labor as may be deemed necessary for hy-
gienic or sanitary reasons.

Female inmate:
 A female inmate shall only be assigned to work on jobs suitable to her age and
physical condition. She shall be supervised only by women officers.

Old inmate:
 An inmate over sixty (60) years of age may be excused from mandatory labor.
Place of work assignment

22
  Only medium and minimum security inmates may be assigned to work in agricul-
tural field projects within a prison reservation. Maximum-security inmates shall
not be allowed to work outside the maximum security compound.

Compensation Earned Its Application

 One- half (1/2) of said earnings may be utilized by the inmate to purchase some
of his needs. The remainder shall be withheld, to be paid to him upon release
only. In exceptional cases, however, upon satisfactory showing of a necessity for
withdrawal, the Director or the Superintendent may authorize the disbursement
of any part of the amount retained.

 Withdrawal of earnings – The inmate may, at any time, withdraw from his com-
pensation earnings in an amount not exceeding one-half (1/2) of his total earn-
ings. However, in cases of urgent need and at the discretion of the Superinten-
dent, the whole of his earnings may be withdrawn. But he may, at any time,
withdraw any part or all monies receive from other sources.

 Payment of trust deposit amount to released inmate – Upon the inmate’s dis-
charge from prison he shall be given the full balance of his deposit.

The Classification Movement

The reorganization or the federal prison system in 1930, stared the movement for
modern correctional reforms. The most recent developments in individualization of
treatment and training of prisoners. State correctional system have adopted California’s
system of diversification by institution and diversification within the institution in the
year 1944. Today, no prison system which has effectively without this programs.
Through such reorganization the Reception and Guidance Center was established. It’s a
new type of institution for the study of the prisoner and preparation of his treatment
and training program in prison.

Classification and Diversification

The Difference

Classification
Is the placing of prisoners into types or
categories for the implementation of the
best treatment programs. It is a method
by which diagnostic treatment planning
and execution of treatment programs are
coordinated in individual cases.
Diversification
Is an administrative device of correctional
institutions of providing varied and
flexible types of physical plants for more
effective control of the treatment
programs of its diversified population. It
is the separation of different types of
inmates for sound execution of their
treatment and custody.

The Classification Process

The rehabilitation program of the prisoner is carried through process of classification is

more than placing prisoners into types or categories it is a method by which diagnosis,
treatment and planning and execution of treatment program are coordinated in the
individual care.

Objectives of Classification Process

23
The objectives of classification are the development of an integrated and realistic
programs of the prisoner arrived at through the coordination of diagnosis, planning and
treatments activities and an informed continuity of these activities from arrival to
release of the prisoner.

The Three Phases of Classification

1. Diagnosis- this done inside the reception center in which the inmates will un-
dergo series of test, e.g. physical, mental and medical examination in other to
determine the inmates condition.

2. Treatment Planning- this will takes place in the reception center, which is a spe-
cial unit from the prisoner or in the classification clinic of the prison. (After the
staff interview and staff conference is done, it will be then part of the admission
summary)

3. Execution of the Treatment Program- this will takes place in the operating insti-
tution or prison.

Reception and Diagnostic Center (RDC)

(Created by virtue of Administrative Order No. 11 of the Secretary of Justice)

In line with the latest approach to treatment — the individualized or casework

method — it is necessary that prisoners must undergo a diagnostic examination,
study and observation for the purpose of determining the program of treatment
and training best’ suited to their needs and the institution to which they should
be transferred. These processes take place in the Reception & Diagnostic Center
within-the first (60) sixty days of their commitment to prison. In 1953, the
Reception and Diagnostic Center was established for diagnostic study of
prisoners for more scientific rehabilitation.

The Reception and Diagnostic Center makes possible the careful study of offen-
ders by a professional staff, the segregation of prisoners based on scientific
methods: the treatment of inmates based upon careful study of the individual
inmate at the time of commitment; the improvement of institutional programs
based on close study of inmate's characteristics and needs made at the Center;
and the development of research concerning the causes and treatment of
delinquency or crime. The Reception Center is a specialized diagnostic institution
designed to service a big correctional system. It is not a treatment center.

In order that the Center can accomplish the purposes for which it is intended,
the following basic elements must exist in the correctional system:

 There must be a sufficient member and variety of institutions or treatment

facilities available to permit placement of each individual in accordance with his
treatment and training needs.

 There must be an integration of plan and program, including the reception

center, treatment facilities in .the prison, and parole placement and supervision.

 The public must be educated to accept the basic concept of treatment as

opposed to mere punishment.

 There must be a sound philosophy of treatment and training throughout the

entire correctional system.

 There must be good physical facilities and personnel.

The Eight (8) Reception and Diagnostic Center Staff

24
 Psychiatrist: (determines the mental and emotional make-up of the individual)
 examines the prisoner and prepares an abstract of his findings. The abstract in-
cludes a brief statement of the mental and emotional make-up of the individual
with particular reference to abnormalities of the nervous system and the pres-
ence of psychoses, psychopathic behavior, neurotic tendencies, paranoid trends
and other special abnormalities. The psychiatrist makes a recommendation with
regard to custody and transfer and calls attention to any special conditions which
limit or indicate special type of work, educational training, recreation or disci-
plinary treatment.

 Psychologist: (determines mental level, general and special abilities, interests

and skills of the inmates)
 interviews the man and administers tests. The psychological abstract presents a
statement of the psychologist's findings with regard to the mental level, general
and special abilities, interests and skills of the prisoner. The outstanding factors
contributing to the maladjustment of the individual are pointed out. A prognosis
for institutional and parole adjustment based on the inmate's attitudes, charac-
teristics and peculiarities is included. In this abstract, the psychologist makes his
recommendation with regard to custody, transfer and general education and fur-
ther study and treatment of the man.

 Sociologist: (determines the inmates individual’s social situation and relationship)

 the prisoner is interviewed by the sociologist. Additional information is obtained
through correspondence with the prisoner's friends, relatives, and social agen-
cies. The objective facts of the personal history of the inmate are recorded in the
social abstract, which also includes an analysis and interpretation of the individ-
ual's social situation and relationships.

 Educational Counselor: (determines the educational strengths and weaknesses)

 the inmate is interviewed by the educational officer in order to determine his ed-
ucational strengths and weaknesses and to recommend suitable educational pro-
gram for him. He conducts orientation classes in general education in order to
change the inmate's attitudes toward education. He gives counsel to inmates
found wanting in educational needs. He prepares a report of every inmate on
general education as part of the case summary of the inmate.

 Vocational Counselor: (determines the types of vocational training)

 through interview it will obtained a record of the man's former employment and
tests the man to determine his general and special abilities, interests and skills.
The results comprise the vocational abstract and recommendations are set forth
with regard to the types of vocational training which should be made available to
the inmate during his incarceration.

 Chaplain: (look into the religious affiliation)

 The inmate is interviewed by the Chaplain and he is encouraged to participate in
religious worship. The Chaplain's abstract states the religious affiliation of the
prisoner and gives his opinion as to the significance of the inmate's religious atti -
tudes in determining his conduct. The Chaplain makes recommendations with re-
gard to further religious training.

 Medical Officer: (determines the medical history and physical examination)

 a complete physical examination is given each inmate at which time his medical
history is obtained. The examination covers the major organs of the body, such
as the lungs and the heart, and includes tests of the blood and sense organs.
The doctor correlates the patient's previous health history with present findings
in the medical history and physical examination, plus recommendation for medi-
cal treatment.

25
 Custodial Correctional Officer: (determines the attitude through significant obser-
vation)
 the Chief of the correctional unit prepares the custodial officer's abstract which
includes all significant observations made by the correctional officers of the in-
mate's behavior and interactions to various situations in the dormitory, place of
recreation, work assignments, etc. The report includes the custodial officer's rec-
ommendations on transfer and type of custody of the prisoner.

Staff Interview and Staff Conference

The Difference

Staff Interview Staff Conference

a process whereby each inmate will be
interviewed by the eight staff of the re-
ception center to determines the total-
ity of the inmates condition.
a process whereby the eight staff will
convene and create a tentative treat-
ment program for each inmate based
on the consolidation findings that they
gathered.
Also known as guidance conference or
case conference

The Admission Summary

The written reports submitted by the staff, of the center regarding their findings
on-the prisoners are compiled, and form the admission summary. The admission
summary becomes the, nucleus of the cumulative case history of the prisoner. It
should be prepared in three copies.

Contents of Admission Summary

 Physical condition;
 Vocational interests, competence and experience;
 Educational status;
 Religious background and interest;
 Recreational interest;
 Psychological characteristics evaluated by the psychiatrist and the psychologist;
 Behavior in the Reception Center, reported by the custodial staff;
 Initial reaction to group psychotherapy or group counseling or other forms of
treatment.

Transfer Out of the Center

When the admission summary is completed, it is forwarded to the Director of

Prisons for approval of the tentative program prepared for the prisoner, after
which the prisoner is then transferred to the operating institution.

The Classification Committee

(Bureau of Correction)

 The Warden or Superintendent – Chairman

 Deputy Warden for Custody - Asst. Chairman
 Deputy Warden for Classification and Treatment – Member
 Production Manager – Member
 Chief, Medical Services – Member
 Chaplain – Member
 Psychologists or Psychiatrist - Member

26
 Bureau of Prisons to Bureau of Corrections

The basic law on the Philippine Prison System is found in the Revised
Administrative Code. Particularly Sections 1705 to 1751 of said Code,
otherwise known as the Prison Law. Bureau of Prisons was created under the
Reorganization Act of 1905 (Act No. 1407 dated November 1, 1905) as an
agency under the Department of Commerce and Police. Revise Administrative
Code of 1987 (E.O. 292) and Proclamation No. 495 issued on November 22,
1989. Change the agencies' name to Bureau of Corrections from Bureau of
Prisons. Republic Act No. 10575 The Bureau of Corrections Act of 2013″.
Approved May 24, 2013

The Mandates of the Bureau of Corrections

The BuCor shall be in charge of:

1. Safekeeping and;
2. Instituting reformation programs to national inmates sentenced to more than
three (3) years.

Safekeeping and Reformation

The Difference

Safekeeping Reformation
 refer to the act that ensures the shall refer to the acts which ensure the
public (including families of inmates public (including families of inmates
and their victims) that national and their victims) that released
inmates are provided with their national inmates are no longer harmful
basic needs, to the community by becoming
 completely incapacitated from reformed individuals prepared to live a
further committing criminal acts, normal and productive life upon
and have been totally cut off from reintegration to the mainstream
their criminal networks (or contacts society.
in the free society)
 while serving sentence inside the
premises of the national
penitentiary.
 This act also includes protection
against illegal organized armed
groups which have the capacity of
launching an attack on any prison
camp of the national penitentiary to
rescue their convicted comrade or
to forcibly amass firearms issued to
prison guards.

Prison Discipline and Preventive Discipline

The Difference

Prison Discipline Preventive Prison

is the state of good order and behavior. early correction of minor violations

27
Includes maintenance of good standards committed by prisoners before it become
of works, sanitation, safety, education, serious one.
health and recreation.

Safekeeping of the National Inmates

The safekeeping of inmates shall include decent provision of quarters, food,

water and clothing in compliance with established United Nations standards.The
security of the inmates shall be undertaken by the Custodial Force consisting of
Corrections Officers with a ranking system and salary grades similar to its
counterpart in the BJMP.
Reformation of National Inmates

(1) Moral and Spiritual Program;

(2) Education and Training Program;
(3) Work and Livelihood Program;
(4) Sports and Recreation Program;
(5) Health and Welfare Program; and
(6) Behavior Modification Program, to include Therapeutic Community.

Corrections Technical Officers

are personnel employed in the implementation of reformation programs and those

personnel whose nature of work requires proximate or direct contact with inmates.

The following are Corrections Technical Officers:

priests, evangelists, pastors, teachers, instructors, professors, vocational placement

officers, librarians, guidance counselors, physicians, nurses, medical technologists,
pharmacists, dentists, therapists, psychologists, psychiatrists, sociologists, social
workers, engineers, electricians, agriculturists, veterinarians, lawyers and similar
professional skills relevant to the implementation of inmate reformation programs.

Rank in the Bureau of Correction Top Management

 Director General of Corrections (Head of BuCor)

 Deputy Directors of Corrections
 Corrections Chief Superintendent
 Corrections Senior Superintendent
 Corrections Superintendent

Ratio of the Custodial Force

The BuCor shall maintain the custodial personnel-to-inmate ratio of 1:7

Reformation personnel-to-inmate ratio of 1:24.

Bureau of Prisons Historical Accounts

(Quick Background)

 Old Bilibid Prison on Oroquieta Street in Manila, which was established in 1847;
this prison became known as the “Carcel y Presidio Correccional” 

28
 August 21, 1870, the San Ramon Prison and Penal Farm in  Zamboanga City was
established to   confine Muslim rebels and recalcitrant political prisoners opposed
to the  Spanish rule;
 San Ramon Established during the tenure of Governor General Ramon Blanco the
facility was originally established for persons convicted of political crimes.
 Governor Luke Wright authorized the establishment of a penal colony in the
province of Palawan on November 16, 1904. Americans established in 1904 the
first penal institution Iuhit penal settlement (now Iwahig Prison and Penal
Farm)
 First Superintendent Lt. George Wolfe.
 Col. John R. White of the Philippine Constabulary, who became superintendent of
Iwahig in 1906, the colony became a successful settlement. 
A merit system was devised for the prisoners and vocational activities were
offered. 
 These included farming, fishing, forestry, carpentry, and hospital paramedical
work.
 Iwahig (best open penal institution of the world) 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. 
 On November 27, 1929, the Correctional Institution for Women (CIW) was cre-
ated under Act No. 3579 To date, it is the only prison facility for women In the
country;
 Its old name, “Women’s Prison,” was changed to “Correctional Institution for
Women.”
 The Davao Penal Colony was opened in January 21, 1932 under Act No. 3732. 
 Governor Dwight Davis signed Proclamation No. 414 on October 7, 1931, which
reserved a site for the penal colony in Davao province in Mindandao.
 Davao Penal Colony is the first penal settlement founded and organized under
Filipino    administration.
 During World War II, the Davao penal colony was converted into a concentration
camp where more than 1,000 Japanese internees were committed by the Philip-
pine-American Armed Forces.  
 Commonwealth Act No. 67 was enacted, for the construction of a new national
prison in the southern suburb of Muntinlupa, Rizal in 1935 The New Bilibid
Prison. It was officially named the New Bilibid Prison on January 22, 1941.
 The NBP Camp Sampaguita or the Medium Security Camp, which was used as a
military stockade during the martial law years. 
 Minimum Security Camp, was christened “Bukang Liwayway”.
 Under Proclamation No. 72 issued on September 26, 1954, the Sablayan Prison
and Penal Farm in Occidental Mindoro was established;
 Leyte Regional Prison under Proclamation No. 1101 issued on January 16, 1973. 
 FORT BONIFACIO PRISON, formerly known as Fort William McKinley.
The prison was originally used as a detention center for offenders of US military
laws and ordinances.
 Before World War II, two national prisons were established by the government
which are no longer operational today.
 Corregidor Island, the Island prison and Bontoc Prison in Mountain Province. 

Bureau of Corrections
(Detailed Background)

 The main penitentiary was the Old Bilibid Prison on Oroquieta Street in
Manila, which was established in 1847.  It was formally opened on April
10, 1866 by a Royal Decree.  About four years later, on August 21, 1870,

29
 the San Ramon Prison and Penal Farm in Zamboanga City was established
to   confine Muslim rebels and intractable political prisoners opposed to
the    Spanish rule.  The facility, which faced the Jolo Sea, had Spanish-in-
spired dormitories and was originally set on a 1,414-hectare sprawling es-
tate.

 When the Americans took over in the 1900s, the Bureau of Prisons was
created under the Reorganization Act of 1905 (Act No. 1407 dated No-
vember 1, 1905) as an agency under the Department of Commerce and
Police.  It also paved the way for the    re-establishment of San Ramon
Prison in 1907, which was destroyed in 1898 during the Spanish-American
War.  It placed under the auspices of the Bureau of Prisons and started
receiving prisoners from Mindanao.

 Before the reconstruction of San Ramon Prison, the Americans established

in 1904 the Iuhit penal settlement (now Iwahig Prison and Penal Farm) on
a vast reservation of 28,072 hectares.  It would reach a total land area of
40,000 hectares in the late 1950s.  It was located on the westernmost
part of the archipelago far from the main town to confine incorrigibles
with little hope of rehabilitation.  The area was expanded to 41,007
hectares by virtue of Executive Order No. 67 issued by Governor Newton
Gilbert on October 15, 1912.

 Other penal colonies were established during the American regime.  On

November 27, 1929, the Correctional Institution for Women (CIW) was
created under Act No. 3579 to date, it is the only prison facility for women
in the country.  The Davao Penal Colony in Southern Mindanao was
opened in January 21, 1932 under Act No. 3732.
 
 After the liberation of the Philippines, the colony-in-exile in Palawan re-
turned to its old site in Davao.  A great deal of rebuilding and repair had
to be done because the war had almost completely destroyed the colony.
In 1953, the colony ventured into abaca farming. A few years later, a new
sub colony was founded in Kapalong District. In the 1970s, the prison ad-
ministration entered into a joint venture agreement with a private sector
partner to further explore the potential of the area.  Under the agreement,
prisoners are to be trained as part of their rehabilitation in agro-industrial
production of fruits like bananas.

 SABLAYAN PRISON AND PENAL FARM:    Nearer to Manila than other pe-
nal colonies, the Sablayan Penal Colony is located in Occidental Mindoro
and relatively new.  Established on September 26, 1954 by virtue of Presi-
dential Proclamation No. 72, the penal colony has a total land area of ap-
proximately 16,190 hectares. Prison records show that the first colonists
and employees arrived in Sablayan on January 15, 1955.  Since then sev-
eral buildings have been constructed, including the colonists’ dormitories,
employees’ quarters, guardhouse, schoolhouse, chapel, recreation hall,
and Post Exchange. Three sub-colonies were later organized.  One is a
reservation which this day remains part of a protected rainforest. Another
is in a coastal area. The third was used by the national government as a  
relocation site for refugees from the eruption of Mt. Pinatubo eruption in
1991. Sablayan prison is a facility where prisoners from NBP are brought
for decongestion purposes.  It follows the same colony standards as other
penal farms.

 LEYTE REGIONAL PRISON:  The Leyte Regional Prison (LRP), situated in

Abuyog, Southern Leyte, was established a year after the declaration of
martial law in 1972 by virtue of Presidential Decree No. 28.  While its
plantilla and institutional plan were almost ideal, lack of funds made the

30
 prison unable to realize its full potential and its facilities are often below
par compared with those of other established penal farms. The LRP has
an inmate capacity of 500. It follows the same agricultural format as the
main correctional program in addition to some rehabilitation activities. 
The prison admits convicted offenders from Region VI and from the na-
tional penitentiary in Muntinlupa.

 Owing to the increasing number of committals to the Old Bilibid Prison in

Manila, the New Bilibid Prison was established in 1935 in the southern
suburb of Muntinlupa, Rizal.  The old prison was transformed into a re-
ceiving center and a storage facility for farm produce from the colonies.  It
was later abandoned and is now under the jurisdiction of the Public Es-
tates Authority. 

 After the American regime, two more penal institutions were established. 
These were the Sablayan Prison and Penal Farm in Occidental Mindoro un-
der Proclamation No. 72 issued on September 26, 1954 and Leyte Re-
gional Prison under Proclamation No. 1101 issued on January 16, 1973.

 NEW BILIBID PRISON (NBP):  The   projected increase in the prison      

population prompted the government to plan and develop a new site for
the     national penitentiary.  The growing      urbanization of Manila and 
constant   lobbying by  conservative groups fueled the idea of transferring
the Old Bilibid Prison to a new site, which at the time was considered   re-
mote and on the    outskirts of the urban center. Accordingly, Common-
wealth Act No. 67 was enacted, appropriating one million pesos for the
construction of a new national prison in Muntinlupa.

 On November 15, 1940, all inmates of the Old Bilibid Prison in Manila
were transferred to the new site.  The new   institution had a capacity of
3,000      prisoners and it was officially named      the      New  Bilibid   
Prison on January 22, 1941.  The prison reservation had an area of 587
hectares, part of which was    arable.  The prison compound proper had
an area of 300 x 300  meters  or  a   total of nine hectares.  It was sur-
rounded by three layers of barbed wire. 

 
 The institution became the maximum security compound in the ‘70s and
continues to be so.  The camp houses not only death convicts and in-
mates sentenced to life term, but also those with numerous pending
cases, multiple convictions, and sentences of more than 20 years.

 After World War II, there was a surfeit of steel matting in the inventory
and it was used to improve the security fence.  In the late ‘60s, fences
were further reinforced with concrete slabs.  In the 1980s, the height of
the concrete wall was increased and    another facility was constructed,
2.5 kilometers from the main building.  This    became known as Camp
Sampaguita or the Medium Security Camp. 

 On January 22, 1941 the electric chair was transferred to New Bilibid
Prison. The death chamber was constructed in the rear area of the camp
when the mode of execution was through electrocution.  Today, it is a se-
curity zone where those convicted of drug offenses are held.

 The NBP expanded with the construction of new security facilities.  These
were the Medium Security Camp, which was used as a military stockade
during martial law and the Minimum Security Camp, whose first site was

31
 christened Bukang Liwayway. This was transferred to another site within
the reservation where the former depot was situated. 

 The increase in the prison population has affected the segregation sys-
tem. Several foreign funded projects dot the prison reservation, among
them, the Half-Way House and the Juvenile Training Center.  Both
projects are supported by funds from Japan through the representation of
the Interdisciplinary Committee of National Police Commission (NAPOL-
COM).

 CORRECTIONAL INSTITUTION FOR WOMEN (CIW):  In a report dated

January 22, 1959, submitted to a committee created by Administrative Or-
der No. 287 by the President of the Philippines, it was noted that  “before
a separate building was constructed especially for women prisoners, all fe-
male convicts were confined at the Old Bilibid Prison on Azcarraga St.,
Manila.  The male prisoners were confined in dormitories near the
women’s quarters.  Because of these conditions, vocational activities of
the women prisoners were limited to embroidery.  When they became ill,
the women were confined in a separate building which served as a hospi-
tal with nurses and prison physicians.  When women prisoners needed
surgery, they were operated on at the Bilibid Prison. After the operation,
they were transferred to the infirmary for convalescence”. 

 Prison authorities were aware of the conditions that the women prisoners
had to endure. Consequently, the transfer of the women to a separate site
became inevitable.  After a series of negotiations started by Prison Direc-
tor Ramon Victorio, the Philippine Legislature passed Republic Act No.
3579 in November, 1929. It authorized the transfer of all women inmates
to a building in Welfareville at Mandaluyong, Rizal and appropriated P60,
000 for the move. 

 On February 14, 1931, the women prisoners were transferred from the
Old Bilibid Prison to the building especially constructed for them.  Its old
name, “Women’s Prison,” was changed to “Correctional Institution for
Women.”  This was in keeping with emerging trends in penology, which
emphasized correction rather than punishment. Convicts were brought
back into the social mainstream adjusted and rehabilitated with a better
outlook in life.

 CIW, according to a Senate report, occupied 18 hectares. The original

structure was a one-story building which housed the office, the brigades,
mess hall, kitchen, chapel, infirmary, bathrooms and employees’ re-
strooms.  The building has a central courtyard with trees and flowering
plants.  The prisoners’ vocational activities were expanded to include poul-
try and piggery as well as cultivation of crops, flowers and fruits. Living
quarters for the institution’s employees were later constructed in the com-
pound.

 During the Japanese occupation, the CIW, despite a drastic reduction in the
number of its employees, continued with its work. A number of female military
prisoners were also confined in the institution.  They were later freed by the U.S.
Army.

 After the war, the CIW resumed its normal operations.  Weekly catechism
classes were introduced. A dental clinic was built. Local telephones were in-
stalled in the guards’ quarters. The Bureau of Public Works made major repairs
on the main building and a workshop and infirmary were constructed for the in-
mates’ use.  The infirmary during that time could accommodate around 16 pa-
tients. In 2000, a new four-story building was constructed by the Department of
Public Works within the grounds of CIW.  It eased the growing congestion in the

32
 facility.  The CIW, with a capacity for only 200 inmates, had to accommodate
1,000 inmates.

 FORT BONIFACIO PRISON:  A committee report submitted to then President

Carlos P. Garcia described Fort Bonifacio, formerly known as Fort William
McKinley, as a military reservation located in Makati, which was established after
the Americans     came  to  the  Philippines.  The prison was originally used as a
detention center for offenders of US military laws and ordinances. After the liber-
ation of the Philippines, the reservation was transferred to the Philippine govern-
ment, which instructed the Bureau of Prisons to use the facility for the confine-
ment of maximum security prisoners.  For several years, incorrigibles were mixed
with political prisoners (those convicted of rebellion) at the Fort Bonifacio facility
until June 30, 1968, when it was converted into a prison exclusively for political
offenders.  After a bloody April 1969 riot at the Muntinlupa facility, however, in-
corrigible prisoners from Muntinlupa were transferred to Fort Bonifacio. During
the administration of President Diosdado Macapagal, the Fort was renamed Fort
Andres Bonifacio.  The     correctional facility was also renamed Fort Bonifacio
Prison.  The one-story building now stands on a one-hectare area. The Fort Boni-
facio Prison continued to be a satellite prison of the national penitentiary even af-
ter martial law was lifted.  It was only in the late 1980’s that the facility was va-
cated by the Bureau of Prisons.

 IWAHIG PENAL COLONY:  This facility was established during the American oc-
cupation.  It was however; during the Spanish regime that Puerto Princesa was
designated as a place where offenders sentenced to banishment were exiled.  A
specific area of Puerto Princesa was     selected as the site for a correctional fa-
cility.  The American military carved out a prison facility in the rain forest of
Puerto Princesa.  The institution had for its first Superintendent Lt. George Wolfe,
a    member of the U.S. expeditionary force, who later became the first prisons di-
rector. Governor Luke Wright authorized the establishment of a penal colony in
the province of Palawan on November 16, 1904.  This penal settlement, which
originally comprised an area of 22 acres, originally served as a depository for
prisoners who could not be accommodated at the Bilibid Prison in Manila.  In
1906, however, the Department of Commerce and Police (which later became
the Department of Public Instruction) moved to turn the institution into the center
of a penal colony      supervised in accordance with trends at the time. Through
the department’s efforts, the Philippine Commission of the United States govern-
ment passed Act No. 1723 in 1907 classifying the settlement as a penal institu-
tion. The settlement was at first beset by attempted escapes.  But under the su-
pervision of Col. John R. White of the Philippine Constabulary, who would be-
come superintendent of Iwahig in 1906, the colony became a successful settle-
ment.  A merit system was devised for the prisoners and vocational activities
were offered.  These included farming, fishing, forestry, carpentry, and hospital
paramedical work. Prisoners could choose the vocational activities they wanted.

 In 1955, Administrative Order Number 20 was promulgated by the President and

implemented by the Secretary of Justice and the Secretary of Agriculture and
Natural Resources.  This order allowed the distribution of colony lands     for culti-
vation   by deserving colonists. The order also contained a list of qualifications for
colonists who wished to apply for a lot to cultivate, the conditions for the settler’s
stay in his land, loan requirements and marketing of the settlers’ produce. Lots
granted did not exceed six hectares.

 On August 16, 1959, a committee was created by President Carlos P. Garcia to

study the state of national prisons. Accordingly, prisoners in Iwahig were divided
into two groups:  the settlers and colonists.  The settlers are those engaged in
farming for their own benefit; they are the ones whose applications for land to
cultivate have been approved. The government furnishes the land and initial re-
quirements for tools, dwellings and beast of burden.  They are required to reim-
burse expenditures incurred for their maintenance and that of their families out of
the products of their farms.  Upon their release from the colony, they receive
whatever amount of money they have credited in their favor, after deducting the
obligations they have. Iwahig is subdivided into four zones or districts:  Central
sub-colony with an area of 14,700 hectares; Sta. Lucia with 9,685 hectares; Mon-
tible with 8,000 hectares and Inagawan with 13,000 hectares. Recent develop-

33
 ments and presidential proclamations have dramatically reduced the size of the
prison reservation of Iwahig.

 SAN RAMON PRISON AND PENAL FARM:  According to historical ac-

counts, the San Ramon Prison was established in Southern Zamboanga on Au-
gust 21, 1870 through a royal decree promulgated in 1869.  Established during
the tenure of Governor General Ramon Blanco (whose patron saint the prison
was named after), the facility was originally established for persons convicted of
political crimes. Considered the oldest penal facility in the country, prisoners in
San Ramon were required to do agricultural work. During the Spanish-American
War in 1898, the prisoners in San Ramon were hastily released and the buildings
destroyed.  In 1907, the American administration re-established the prison farm. 
In 1912, Gen. John Pershing, chief executive of the Department of Mindanao and
Sulu, classified the institution as a prison and penal colony and therein confined
people sentenced by the courts under his jurisdiction.  Under Pershing’s supervi-
sion, several buildings with a capacity for 600 prisoners were constructed.  After
several years, the colony became practically self-supporting, with 75,000 coconut
trees, which were planted at the beginning of Pershing’s administration, con-
tributing to the colony’s self-sufficiency.  Aside from coconuts, rice, corn, papaya
and other crops were also cultivated.  On November 1, 1905, Reorganization Act
No. 1407 was approved creating the Bureau of Prisons under the Department  of 
Commerce  and  Police,  integrating  the Old Bilibid Prison,  San  Ramon Penal 
Colony  and Iwahig Penal. The Philippine Coconut Authority took over manage-
ment of the coconut farm from San Ramon. In 1995, Congresswoman Maria
Clara Lobregat proposed the transfer of San Ramon Prison to Bongiao town, in
the mountainous area of Zamboanga, to give way to a special economic zone.

 DAVAO PENAL COLONY:  The Davao Penal Colony is the first penal settlement
founded and organized under Filipino    administration.  The settlement,
which originally had an area of approximately 30,000 hectares in the districts
of Panabo and  Tagum, Davao del Norte, was formally   established on January
21, 1932 by virtue of Act No. 3732.  This Act authorized the Governor-General to
lease or sell the lands, buildings and improvements in San Ramon Prison and
Iwahig Penal Colony. It also granted authority to the Secretary of Justice to es-
tablish a new prison and penal colony in a suitable public land.  A budget of
P500,000  was  allocated. Several committees were created to pick a suitable
site for the penal settlement. In accordance with the recommendation of these
committees, Governor Dwight Davis signed Proclamation No. 414 on October 7,
1931, which reserved a site for the penal colony in    Davao province in Mindan-
dao.  The site offered ideal conditions for agricultural activities. During World War
II, the colony was converted into a concentration camp where more than 1,000
Japanese internees were committed by the Philippine-American Armed Forces.  
The Japanese were treated in accordance with the orders of the American com-
manding officer.       

 On December 20, 1941, the Japanese Imperial Forces attacked Davao and the
colony was among the establishments taken over by the invading army.  The en-
tire settlement was thrown into confusion and a great number of prisoners es-
caped. Normal operations were inevitably disturbed.  November 8, 1942, a repre-
sentative of the Director of Prisons transferred the colony and its properties to the
Japanese authorities.  The remaining colony employees, their families and the in-
mates evacuated to Iwahig where they organized the Davao Penal Colony at Ina-
gawan sub colony (Palawan).  The organization of the colony in exile was autho-
rized by virtue of Memorandum Order No. 60 dated June 28, 1943 and signed by
the Director of Prisons.

 In 1940, the entire prison population including security facilities and equipment

were transferred to a new site in Muntinlupa.  A portion was left to serve as the
Manila office of the Bureau of Prisons.  Remaining edifices were used to house
the Manila City Jail. The office was used as a holding center for inmates with
pending court cases in the City of Manila.  In 1980, however, when the    national
leadership moved to claim the area for another project, the remaining office
was transferred to New Bilibid Prison.   It has since been reclaimed and turned
into a station of the Mass Railway System traversing the area. The prison occu-
pied a quadrangular piece of land 180 meters long on each side, which was for-
merly a part of the Mayhalique Estate in the heart of Manila.  It housed a building
for the offices and quarters of the prison warden, and 15 buildings or depart-
ments for prisoners that were arranged radially to form spokes.  The cen-

34
 tral tower formed the hub.  Under this tower was the chapel.  There were four    
cell-houses for the isolated prisoners and four isolated buildings located on the
four corners of the walls, which served as kitchen, hospital and stores.  The
prison was divided in the  middle   by a   thick wall.  One-half of the enclosed
space was assigned to Presidio prisoners and the other half to Carcel prisoners.
The Laurel report continued: “In 1908, a concrete modern hospital with a capacity
of 200 beds as well as new dormitories for the prisoners, were added.” A carpen-
try shop was organized within the confines of the facility. For some time, the shop
became a trademark for fine workmanship of furniture made   by prisoners.  At
the time, sales of handicrafts were done through the institutions and inmates
were compensated depending on the availability of funds.  As a consequence, in-
mates often had to sell or barter their products.

 The Bureau of Prisons was renamed Bureau of Corrections under the New Ad-
ministrative Code of 1987  and Proclamation No. 495    issued on November 22,
1989.  It is one of the attached agencies of the Department of Justice.  

 In the early days of the Bureau of Corrections (formerly Bureau of Prisons), penal

institutions were established, closed or transferred to new sites.  These included
the Old Bilibid Prison, New Bilibid Prison, and Correctional Institution for Women,
Fort Bonifacio Prison, Iwahig    Penal Colony (now Iwahig Prison and   Penal
Farm), San Ramon Prison and   Penal Farm, Davao Prison and Penal Farm,
Bontoc Prison, Sablayan Prison and Penal Farm and Leyte Regional Prison.

 OLD BILIBID PRISON:  A 1969 Senate Report prepared by Senator Salvador

Laurel described the Old Bilibid Prison as “the main insular penitentiary designed
to house the prison population of the country.”  This prison was known as the
“Carcel y Presidio Correccional” and could accommodate 1,127 prisoners.  The
Carcel was designed to house 600 prisoners who were segregated according to
class, sex and crime while the Presidio could accommodate 527 prisoners.  To-
day it is used as City Jail of Manila and known to be as “May Haligue Street”.

The Birth of Reception and Diagnostic Center

The first RDC facility was created in Building of the Maximum Security Compound
of the New Bilibid Prison in 1953; RDC was transferred to Sampaguita Camp in
1973. The RDC was turned into a Therapeutic Community Camp on February 6,
2003. 

Bureau of Correction Operations

Purpose of confinement
 To segregate and ;him from society; and
 To rehabilitate.

Basic principles
 Discipline
 Reformation
 Safe custody of inmates.

Carpeta and Prison Record

The Difference

Carpeta Prison Record

refers to the institutional record of an
inmate which consists of his mittimus
/commitment order, the persecutor’s
information and the discussion of the trial
court, including that the appellate court,
if any;
refers to information concerning an
inmate’s personal circumstances, the
offense he committed, the sentence
imposed, the criminal case numbers in
the trial and appellate courts, the date he
commenced service of his sentence, the
date of expiration of his sentence, the
number of previous convictions, if any,

35
 and his behavior or conduct while
imprison.

Reception and diagnostic Center/ Therapeutic Community - shall receive, study

and classify inmates, within 60 days.

Quarantine –inmate shall be placed in quarantine for a least five (5) days during
which he shall be-

 Physical and mental examination

 Oriented with prison rules; and
 Interviewed by a counselor; social workers or other program staff officers.

In (55) days the inmate shall undergo psychiatric, psychological, sociological,

vocational, educational and religious and other examinations. The results of said
examinations should be the basis for the inmate’s individualized treatment program.

RDC is a special unit in prison, which operates not as prison, detention nor treatment or
prisoners, but only provides the process of classification of prisoners for their treatment
and rehabilitation process.

Before a prisoners is admitted to the operating institution, he must stay at RDC for 60
days where he will undergo staff interview, examinations, documentation and initial
classification, this is also known as diagnostics examination. After the diagnosis of the
total personality of the prisoner, a treatment plan will be provided for the prisoner’s
rehabilitation and early release. Before the treatment programs be executed the
prisoner will be inform of its treatment programs and the penalties and policies of
prison. Then the prisoner will not submit himself and cooperate with treatment program
provided for him.
Objectives of RDC

1. To develop an integrated and realistic programs for the prisoner through the
coordination of diagnosis, treatment planning and treatment activities.
2. Provide and guide the prisoner or the continuity of the treatment from its
commitment to release.

Functions of RDC

1. To examine each offender for contagious disease and treat or immunize

them against such diseases;
2. To conduct orientation program and provide inmates with exploratory voca-
tional experience in order to keep them profitably occupied;
3. To collect and study the social history of each offender;
4. To administer achievement, personality and intelligence test to determine
his capacities and potentialities;
5. To evaluate his emotional make-up through psychiatric interviews and ob-
servation;
6. To hold periodic classification meetings to review each individual case ad
make final decisions;
7. To make recommendations as to treatment, custody and transfer to a suit-
able institution;
8. To conduct follow-up work to ensure that the recommendations are carried
out;
9. To conduct research studies this will contribute to a better understanding of
the causes of crime, prevention of delinquency, the rehabilitation of offend-
ers.

Requirement for the Admission of Inmates in Bureau of Corrections

36
  Mittimus/ Commitment Order of the court;
 Information and Court decision in the case;
 Certification of detention, if any; and
 Certification that the case of the inmate is not on appeal.

Classification of Inmates as to Security Risk

Maximum Security (uniform color is tangerine or orange) – this shall include highly
dangerous or high security risk inmates as determined by the Classification Board who
require a degree of control and supervision. Under this category are-

 those sentenced to death;

 those whose minimum sentence is twenty (20) years imprisonment;
 Remand inmates or detainees whose sentence is twenty (10) year and above
and those whose sentences are under the review by the Supreme Court or the
Court of Appeals.
 Those with pending cases;
 Recidivists, habitual delinquents and escapees;
 Those confined at the Reception and Diagnostic center;
 Those under disciplinary punishment or safekeeping; and
 Those who are criminally insane or those with severe personality or emotional
disorders that make them dangerous to fellow inmates or the prison staff.

Medium Security (uniform color is blue) – this shall include those who cannot be
trusted in less secured areas and whose conduct or behavior require minimum
supervision.

 those whose minimum sentence is less than twenty (20) years imprisonment;
 remand inmates or detainees whose sentences are below twenty (20) years;
 those who are more than 18 years of age and below, regardless of the case and
sentence;
 those who have two (2) or more records escapes. They can be classified as
medium security inmates if they have served eight (8) years since they were
recommitted. Those with one (1) record of escape must serve five (5) years; and
 first offenders sentenced to life imprisonment.
 They may be classified as medium security if they have served five (5) years in
maximum security prison or less, upon the recommendation of the Superinten-
dent.
 Those who were detained in a city and / or provincial jail shall not be entitled to
say classification.

Minimum Security (uniform color is brown) – this shall include those who can be
reasonably trusted to serve their sentences under less restricted conditions.

 those with a severe physical handicap as certified by the chief medical officer of
the prison;
 those who are sixty-five (65) years old and above, without pending case and
whose convictions are not on appeal;
 those who have served one –half (1/2) of their minimum sentence or one-third
(1/3) of the maximum sentence, excluding Good Conduct Time Allowance
(GCTA)
 those who have only six (6) months more to serve before the expiration of their
maximum sentence.
(The color of the uniform of detainee is gray)

Trustee:

an inmate of a jail who has been assigned to a status of “trust” because he is

considered by the jail or prison administrator to be sufficiently responsible given wider

37
range of work with less supervision than average prisoners. They are given the status
of trust because of their proven or trusted behavior demonstrated while serving
sentence. They are given a work assignment that would assist the custodial force they
are known as “Bastoneros”, giving security force in meal distribution, transportation and
other work.

Admission Procedure in Prison

 Receiving – prisoners from city or provincial jails where transferred in the

national prison after conviction by final judgment if the penalty is more than
three years. The prisoners are received at the Reception and Diagnostic Cen-
ter for examinations.

 Checking – this include the checking of papers and other documents of pris-
oner by the prison administrator, such as travel document or commitment or-
der issued by judge.

 Identification – proper identification of prisoner is done through his picture

and fingerprint.

 Searching – this involves frisking and searching hidden dangerous things or

weapons and other contraband.

 Orientation – this is the reading of rules and regulations of the prisons.

 Assignment – prisoner is sending to quarantine unit for a period of seven to
ten days.
Classification of Inmates as to
Entitlement of Privileges
 Detainee;
 Third Class inmate – one who has either been previously committed for
three (3) or more times as a sentenced inmate, except those imprisoned
for non-payment of a fine and those who had been reduced from a higher
class;
 Second Class inmate – a newly arrived inmate; an inmate demoted from
first class; or one promoted from the third class;
 First Class inmate – one whose known character and credit for work while
in detention earned assignment to this class upon commencement of sen-
tence; or one who has been promoted from the second class.
 Colonist.
Qualifications of a Colonist

 be at least a first class inmate and has served one (1) year immediately
preceding the completion of the period specified in the following qualifica-
tions;
 has served imprisonment with good conduct for a period equivalent to one
fifth (1/5) of the maximum term of his prison sentence, or seven (7) years
in the case of a life sentence.

Privileges of a Colonist

 Credit of an additional GCTA of five (5) days for each calendar month
while he retains said classification aside from the regular GCTA authorized
under Article 97 of the RPC (not applicable under present law) ;

 Automatic reduction of the life sentence imposed on the colonist to a sen-

tence of thirty (30) years;

38
  As a special reward to a deserving colonist, the issuance of a reasonable
amount of clothing and ordinarily household supplies from the govern-
ment commissary in addition to free subsistence; and

 To wear civilian clothes on such special occasions as may be designated

by the Superintendent.

Privilege of an Inmate in Visiting Relatives Who Died

 To view the remains of a deceased relative and all its supporting docu-
ments shall be filed with the Superintendent at least two (2) days before
the enjoyment of the privilege sought.

 Inmate may be allowed more or less three (3) hours to view the deceased
relative in the place where the remains lie in state.

 The privilege may be enjoyed only if the deceased relative is in a place

within a radius of thirty (30) kilometers by road from the prison. Where
the distance is more than thirty (30) kilometers, the privilege may be ex-
tended if the inmate can leave and return to his place of confident during
the daylight hours of the same day.

Time-Release Education

Thirty (30) days prior to his scheduled date of release, an inmate is transferred
to the Separation and Placement Center for the purposes of reorientation with the ways
of free society. Service of Non-Governmental Organization and their religious sector are
made possible to the offenders prior to release from prison to assist in their
reintegration to society.

Release

The authorities who approve the release of an inmate are:

a. The Directors of the Bureau of Corrections upon the expiration of the

sentence of the prisoner.
b. The Board of Pardons and Parole in Parole case.
c. The Supreme Court of the Philippines or lower court in cases of ac-
quittal of the accused prisoner or grant of bail.
d. The President of the Philippines in cases of Executive Clemency or
Amnesty.

A release prisoner is supplied by the bureau with transportation fare to his home
plus gratuity of fifty pesos (P50.00) to cover the cost subsistence en route, and suit of
decent clothes.

Prison and Jail

The Difference

39
 Prison Jail
a penitentiary, an institution for a place of confinement for those
the imprisonment of persons con- who are awaiting for trial or are
victed of major/serious crimes. those serving short sentences.

a place of confinement for those

who are serving more than 3 primarily adult penal institution
years of imprisonment. used for the detention of law
violators, which is administered
is a confinement facility having by a province, city and
custodial authority over an municipality.
individual sentenced by a court to
imprisonment, which is
administered by a national The word Jail derived or origi-
government. nated from the Spanish word
“Caula or Jaula”, meaning cage.

The word Prison derived or origi-

nated from the Greco-Roman
“Presidio”.

Lock Up Jail

This is a security facility, usually operated by the police department, for the temporary
detention of persons held for investigation or awaiting trial.

Creation of Provincial Jail

(Administered and Management by Provincial Government)

SECTION 468.  (4)      (vii)    Establish and provide the maintenance and improvement
of jails and detention centers, institute a sound jail management program, and
appropriate funds for the subsistence of detainees and convicted prisoners in the
province; R.A. 7160

40
 The Provincial Jail

The Provincial Jail System was first established in 1910 under the American
regime. Each of the seventy-six (76) provinces has a Provincial Jail is headed by a
Provincial Jail Warden which is appointed by the Provincial Governor, as well as
provincial jail guards with conformity with the Civil Service Law. The DILG serves as the
supervising agency in every Provincial Jail.

The management of our Provincial Jails and its program of rehabilitation are
dependent upon the Provincial Warden and the provincial government. Most of the
Provincial Jails today are faced with the congestion problem and funds. Today, there
are twenty-one (21) provincial government that have constructed their respective sub-
provincial jails to house prisoners whose prison terms range from six (6) months and
one (1) day to three (3) years. There are now a total of 812 (as of 1993) offenders
confined in these jails, which is being handled by 203 jails guards and personnel. The
seventy-six (76) Provincial Jails have confined 9,865 (as of 1993) offenders and still
growing. These offenders are being provided with 2,439 provincial guards’ task to
secure and provide reformation unto them.

Who is a Prisoner?

 a prisoner is a person who is under the custody of lawful authority.

 any person detained/confined in jail or prison for the commission of a criminal
offense or convicted and serving in a penal institution.
 a person committed to jail or prison by a competent authority for any of the fol -
lowing reasons: to serve sentence after conviction, trial or investigation.

General Classification of Prisoners

 Detention Prisoners
detained for investigation, preliminary hearing, or awaiting trial. They are prisoners
under the jurisdiction of courts.

 Sentenced Prisoners
offenders who are committed to jail or prison in order to serve their sentence after final
conviction by a competent court. They are prisoners under the jurisdiction of penal
institutions.

 Prisoners who are on safekeeping

includes non-criminal offenders who are detained in order to protect the community
against their harmful behavior.

Classification of Sentenced Prisoner

(P.D. 29)

 Insular or National Prisoners

sentenced to suffer a term of sentence of 3 years and 1 day to life imprisonment.

 Provincial Prisoners
sentenced to suffer a term imprisonment from 6 months and 1 day to 3 years or a fine
not more than 1, 000.00 pesos or both.

 City Prisoners
those sentenced to suffer a term of imprisonment from 1 day to 3 years or a fine of not
more than 1,000.00 pesos or both.

 Municipal Prisoners
those confined in Municipal jails to serve an imprisonment from 1 day to 6 months.

41
 Classification of Detainees

The three (3) types of detainees are those:

 Undergoing investigation;
 Awaiting or undergoing trial; and
 Awaiting final judgment.

The BJMP Doctrines and Practices

Legal Basis:

 Sec. 60, R.A. 6975- the Bureau of Jail Management and Penology here in after
referred to as the jail bureau, is hereby created initially consisting of the existing
officers and non- uniform members of the office of the jail management and
penology as constituted under P.D. 765 under the defunct PCINP.

 Sec. 61 R.A. 6975- provides that the Jail Bureau shall exercise supervision and
control over city and municipal jails. The provincial jails, shall be supervised and
controlled by the provincial government within its jurisdiction, whose expense
shall be subsidized by the National Government for not more than 3 years after
the affectivity of this act, and shall plan and program funds for the subsistence
allowance of the offender and conduct research, develop and implement plans
and programs for the improvement of jail services throughout the country.

 Sec. 62 ibid- the jail bureau shall be headed by chief with the rank of Director
and assisted by a deputy with the rank of chief superintendent. The central office
serves as the main office staff, which is composed of three ranking official mem-
bers, six (6) directorial staff groups, and four personal staff groups.

The Three (3) Ranking Officials in the BJMP:

 Chief BJMP
 Deputy Chief
 Chief of Staff

Guidelines in Reception
and
Admission Procedures in Jails

Step 1. Checking of Credentials by the Desk Officer:

Carefully Examines the Following Documents:

 Commitment Order/ Mittimus;

 Information;
 Medical Certificate
 Police Booking Sheet

Entries to be scrutinized in the documents:

 Name of Detainee /Prisoner;

 Branch of Court (RTC /MTCC /MTC /MCTC)
 Offense Charged
 Case Number
 Signature of the Judge/Medical Officer
 Official Seal

42
Step 2. Search of detainee/prisoner by the Searcher

 Strip Searching of Detainee/Prisoner;

 Taking all cash and other personal property from the inmate and issue re-
ceipt;
 Turn-over all cash and valuables of the inmate to the Property Custodian
for safe keeping with official receipts.

Step 3. Physical examination/appraisal by the Jail Medical personnel

 Conduct a thorough medical examination of the inmate and check for

body vermin, cuts, bruises and other injuries and for needle marks to de-
termine if he/she is a drug dependent.
 Observe the mental alertness, overall appearance, physical abnormalities,
rashes, scratches or other identifying marks of the inmate.
 Inmate found with contagious disease or with psychological problems be
immediately isolated/segregated from other inmates.
 A medical record is accomplished to include medical history(Vital Signs:
PB, Pulse Rate & Temperature)
 Compare the findings with the medical certificate Issued by the Medico-le-
gal Officer upon his entry in jail.

Step 4. Taking of fingerprints and photograph, accomplish a jail booking, and

complete the documents required in the Carpeta.

Accomplish the Following Documents:

 Fingerprint Specimen Sheet;

 Jail Booking Report/Sheet;
 Profile of Escapee;
 Security Risk Factor Scoring Card;
 Detainee’s Manifestation;

In addition to the above enumerated documents, the Carpeta should also contain
the following, to wit:

 Commitment Order / Mittimus;

 Complaint;
 Information;
 Pending Warrant;
 Subpoena;
 Decision/Judgment;

Step 5. Orientation of inmate to jail rules and policies and about Article 29 of
the RPC/ R.A. 6127 (detainee’s manifestation) by the chief custodial or the
officer of the day.

Appraise the detainee, preferably in the dialect which he/she understands, that
under Article 29 of the Revised Penal Code, as amended by R.A. 6127, that his
her preventive imprisonment shall be credited in the service of his/her sentence,
consisting of deprivation of liberty for the whole period he/she is detained if
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.

43
Step 6. Classification and Segregation of Newly Detained Inmate

Composition of the Classification Board:

a. Chairman - Deputy Warden

b. Member - Chief, Custodial/Security Office
c. Member - Medical Officer/ Public Health Officer
d. Member - Jail Chaplain
e. Member - Inmates Welfare and development Officer

Mittimus and Commitment Order

The Difference

Mittimus Commitment Order

Is a warrant issued by court bearing its
seal and signed by the judge directing
the prison/jail authorities to receive
inmates for custody or service of
sentence imposed therein.
Is a warrant issued by court bearing its
seal and signed by the judge directing
the prison/jail authorities to receive
inmates for custody while waiting for
trial.

Duties and Functions of the Classification Board:

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. The investigation shall focus on:

 Facts and data of the present case;

 Earlier criminal history and if he/she is a recidivist or habitual delinquent,
the facts about his/her attitudes and behavior while confined in other in-
stitutions;
 Biography or life history;
 Medical History;
 Vocational, recreational, educational and religious background/interests;
 Psychological characteristics as evaluated by the psychiatrist and psychol-
ogist.

Disciplinary Board

The board is tasked to implement discipline inside the jails just in case there are
violation of existing rules and policies.

COMPOSITION:
 Chairman- assistant warden
 Members- chief security officer, medical/ public health officer, social
worker/ rehabilitation officer

The board is tasked to investigate the facts of the alleged misconduct

referred to it by the warden:

Authorized Disciplinary Penalties:

 Reprimand
 Temp or permanent cancellation of some or all recreational privileges
 Cancellation of visiting privileges
 Extra fatigue duty for sentenced inmates only

44
 Closed confinement
 Transfer to another facility with court coordination

Limitation of Punishment

 No female inmate is subjected to any disciplinary punishment which might

affect her unborn or nursing child
 No impaired or handicapped inmates shall be meted out with punishment
corporal and inhuman punishment is prohibited
 Medical examination is required when solitary or extra fatigue punishment
is imposed
 Jail physician may recommend termination of punishment on grounds of
physical or mental health

Procedure in Hearing Disciplinary Cases

 The aggrieved inmate shall inform any member of the custodial force of
the violation, the letter in turn, officially report the matter to the desk offi-
cer. If one of the employees knows of the violation committed by the in-
mate, a brief description of the circumstances surrounding or leading to
the reported violation and all facts relative to the case shall be made.

 The desk officer shall simultaneously inform the warden station/ substa-
tion commander, as the case may be and shall immediately cause the in-
vestigation. He shall submit to the warden his report together with his rec-
ommendations.

 The warden shall evaluate the report and if he believes that there is no
sufficient evidence to support the alleged violation, he shall dismiss the
case. If he believes there exist sufficient evidence, he shall decide the
case and impose the necessary penalty in case of minor violation. If the
case is less grave or grave, he shall endorse it to the board for hearing or
decide it himself as a summary disciplinary officer if there is no disciplinary
board.

 The inmate shall be confronted to the reported violation and ask how he
pleads to the charge. If he admit the violation or pleads guilty, the board
shall impose the corresponding punishment.

 If the inmate denies the charge, the hearing shall commence with the pre-
sentation of evidence and other witnesses by the desk officer. The inmate
shall then be given the opportunity to defend himself by his testimony and
those of his witness, if any, and to present other evidences to prove his
innocence.

 After the hearing, the board shall decide the case on the merits.

 Whether the inmate is found guilty or not, he should be advised to obey

the rules and regulations strictly and reminded that the good behavior is
indispensable for his early release and or the granting of privileges.
 Decision of the board/ summary disciplinary officer is subject to the re-
view and approval by the warden and / or the higher authority. The in-
mate may request a review and approval by the and/ or the higher au-
thority. The inmate may request a review on the findings of the board and
the propriety of the penalty to the central office, BJMP decision shall be fi-
nal.

Punishable Acts inside the Jail:

45
Minor Offenses:

 selling or bartering with fellow inmates items not classified as contraband.

 rendering personal services to fellow inmates.
 Untidy or dirty in his personal appearance.
 Littering or failing to maintain cleanliness and orderliness in his quarter
and/ or surroundings.
 Making frivolous or groundless complaints
 Taking the cudgels or reporting complaints
 Late reporting to duty without jurisdiction reason; and
 Willful waste of food.

Less Grave Offense:

 Failure to report for work detail without sufficient justification.

 Failure to render assistance to an injured personnel or inmates.
 Failure to assist in the putting out of fire inside the jail.
 Acting boisterously during religious, social and other groups function.
 Swearing, cursing or using profane language directed personally toward
other person.
 Malingering or reporting as sick to escape work assignment.
 Spreading rumors or maliciously intriguing against honor of any persons,
particularly members of the custodial force.
 Failing to stand at attention and give due respect when confronted by or
reporting to any officers or member of the custodial force.
 Forcing fellow inmate to render services to himself and/ or others
 Exchanging uniform or wearing clothes other than those issued to him the
purposes of circumventing jail rules.
 Loitering or being in an unauthorized place.
 Using the telephone without authority
 Writing, defacing or drawing on walls, floor or any equipment.
 Withholding information which is inimical and prejudicial to the jail admin-
istration.
 Possession of lewd or pornographic literature and photographs.
 Absence from cell, brigade, place of work during head count or at any
time without justifiable reason; and
 Failing to turn over any implements/ article issued after the details.
 Committing any act prejudicial to or which is necessary to good order and
discipline.

Grave Offense:

 Making untruthful statement or lies in official communication, transaction,

or investigation.
 Keeping or concealing keys or locks of places in the jail where it is off lim-
its to offender.
 Giving gift, selling to, or bartering with jail personnel
 Keeping in his possession money, jewelry or other contraband which the
rules prohibit.
 Tattooing others or allowing himself to be tattooed, or keeping any para-
phernalia for tattooing.
 Forcibly taking or extracting money from fellow inmates.
 Punishing or inflicting injury upon himself or other inmates.
 Receiving, keeping, taking or imbedding liquor and other prohibited drugs.
 Making , improvising or keeping any kind of deadly weapon.
 Concealing or withholding information on plans of attempted escape.
 Unruly conduct and behavior and flagrant of discipline and instructions.
 Helping, adding or abetting others to escape.

46
  Fighting causing any disturbance or participating there in and/ or agitating
to cause such disturbance or riot; and
 Indecent , immoral or lascivious acts which by himself or other and/ or al-
lowing to be subject of such indecent, immoral or lascivious acts.

Punishable Acts inside Jail:

 Willful disobedience to lawful orders issued by an officer or member of the

custodial forces.
 Assaulting any officer or member of the custodial force.
 Damaging any government property or equipment issued to the inmates.
 Participating in any kangaroo court, unauthorized or irregular court con-
ducted with disregard for or perversion of legal proceeding of a mock
court by offender in jail/ prison.
 Affiliating oneself to any gangs or faction whose main purpose is to fer-
ment regionalism or to segregate them from others.
 Failing to inform the authorities concerned when afflicted with any com-
municable disease like VD, etc.
 Committing any act, which is in violation of any ordinance, in which case
he shall separately be prosecuted criminally in accordance with law.

Plan for Escapes or Jailbreaks

The following are the basic guidelines in dealing with jailbreaks:

 The control center shall immediately sound the alarm and inform the war-
den in case of escape.
 At the first sound of the alarm, the inmates shall be locked in their respec-
tive cells.
 All the first personnel, custodial and non-custodial force shall make them-
selves available for deployment.
 Personnel who have inmates under their care shall remain on duty; take
their accounting at the time of the emergency.
 A simultaneous institution-wide count shall be made to determine the
numbers of inmates who escaped identities established.
 As soon as the identities of the escapees are established, it shall be pub-
lished and all police precincts be immediately notified.
 Radio and television stations should be immediately notified.
 Recovery teams shall be sent out to all known liars, hangouts.
 In case of mass jailbreaks, all the members of the custodial force shall is-
sued firearms and resigned to critical post to block the escape routes.
 If an officer is held hostage, reasonable caution should be made to ensure
his/ her safety.
 If the warden is held hostage, for all intents and purposes he ceases to
exercise authority and the next in command shall take the action.
 Maximum force shall be deployed for escapes found holding on in an area
to pressure them to surrender and avert their movements and an investi-
gation shall commence thereafter.

Extinction of Criminal Liability

The criminal liability of the person is extinguished into two instances the partial
and total extinction of the criminal liability of the convicted felon.

Total Extinction of Criminal Liability

1. By marriage of the offended woman

47
 Marriage of the offender with the offended woman after the commission o any of
the crimes of rape, Seduction, Abduction, or Acts of Lasciviousness must be
contracted by the offender in good faith. The marriage contracted only to avoid
criminal liability is devoid or has no legal effects and that the criminal liability of
the offender is not extinguish.

2. By the death of the convict, as to the personal penalties; and as to pecuniary

penalties, liability thereof is extinguished only when the death of the offender oc-
curs before final judgment.

If the offender died before final judgment its pecuniary or civil liabilities is
extinguished. But, if the convict died after final judgment the pecuniary penalties
or civil liabilities is not extinguished. If the offended party died it does not
extinguished the civil and criminal liability of the offender due to the reason that
the offense is committed against the state.

3. By service of sentence

Crime is a debt by the offender as a consequence of his wrongful act and the
penalty is the amount of his debt. When the payment is made, the debt is
extinguished. After the convict has served its sentence its criminal liability is
extinguished but does not include the civil liability.

4. By amnesty, which completely extinguishes the penalty and all its effects:

Amnesty defined. It is an act of the sovereign power granting oblivion or a

general pardon for a past offense. And is rarely, if ever, exercised in favor of a
single individual and is exerted in behalf of certain classes of persons; who are
subject to trial but have yet been convicted. However, amnesty maybe granted
after conviction. All its civil liabilities are being extinguished also.

5. By absolute Pardon

Absolute Pardon defined. It is an act grace proceeding from the power entrusted
with the execution of the laws, which exempts the individual on whom it is
bestowed from the punishment, the law inflicts for the crime he has committed.

Pardon will only extinguished the punishment of crime upon acceptance of the
grantee. Once pardon is accepted by the grantee the pardon already delivered
cannot be revoked by the authority, which granted pardon.

As practiced in the Philippines, there are two kinds of pardons, namely, the
absolute and conditional pardons.

Absolute Pardon - is one, which is given without any condition attached to it.
The purposes of this kind of pardon are:

1. To do away with the miscarriage of justice - Under the present method of

judicial procedure justice is not guaranteed. It is possible to convict innocent
person, as it is possible for criminals to escape the hands of justice. When an
innocent convict has no more recourse through courts, the remedy is
absolute pardon. The power of the President to pardon offenders on the
grounds of innocence is rarely exercised because the criminal procedures are
liberal in granting a new trial in the case of an offender has no more legal
remedy will pardon of this nature be given. If so exercised, absolute pardon
is granted after an exhaustive investigation is conducted and upon
recommendation of the Secretary of Justice.

48
 2. s philosophy, concept or practice of criminal justice administration - A criminal
act, because of changing scheme of social values, may become non-criminal
at a later date. Therefore, persons serving imprisonment at the time of the
repeal of the law abolishing the crime may be extended absolute pardon. For
example, a person serving imprisonment for black-marketing of gasoline
when this commodity was rationed may after the repeal of the law on black-
marketing be extended absolute pardon.

3. To restore full political and civil rights of persons who have already served
their sentence and have waited the prescribed period. The greatest number
of application for absolute pardon come from ex-prisoners who desire to be
restored their political and civil rights. In the Philippines, the Office of the
President laid down the policy to grant absolute pardon to ex-prisoners ten
years from the date of their release from prison. Recently the policy was
relaxed, thereby shortening the waiting period of five years. The waiting
period is required to give the offender an opportunity to demonstrate that he
has established a new pattern of conduct.

Effects of Absolute Pardon

Absolute Pardon does not work to restore the right to hold public office or the
right to suffrage, unless such rights are expressly restored by the terms of pardon. A
pardon does not exempt the offender from the payment of civil indemnity imposed
upon him by the sentence. Absolute pardon totally extinguishes the criminal liability but
not the right of the offended party to enforce the civil liability against the offender.

In Cristobal vs. Labrador, et al., 71 Phil. 34, the Supreme Court laid down the
doctrine that the absolute pardon removes all that is left of the consequences of
conviction, and that it is absolute in so far it restores the pardonee to full civil and
political rights.

In another case, the supreme Court reiterated the doctrine laid down on the
Cristobal vs. Labrador case and elucidated further that “an absolute pardon not only
blots out the crime but removes all disabilities resulting from the conviction; and that
when granted after the term of imprisonment has expired, absolute pardon removes all
that is left of the consequences of conviction.” (Polobello vs. Palatino, 72 Phil.441 )

Differences between Amnesty and Pardon

Pardon includes any crime and is exercised individually by the Chief Executive,
while amnesty is a blanket pardon granted to a group of prisoners, generally political
prisoners. Pardon is exercised when the person is already convicted while amnesty
may be given before trial or investigation is had.

In Barrio Quinto, et al., vs. Fernandez, O.G. 303, the Supreme Court
distinguished pardon from amnesty in that, “pardon is granted by the Chief Executive
and such it is a private act which must be placed and proved by the person pardoned,
because the courts take no notice thereof; while amnesty is by proclamation with
concurrence of Congress, and it is a public act which the courts should take judicial
notice. Pardon is granted to one after conviction, while amnesty is granted to classes of
persons who may be guilty of political offenses, generally before or after the institution
of criminal prosecution and sometimes after conviction. “

Limitations of the Pardoning Power

The power of the chief Executive to grant pardon is limited to the following:

49
 1. Pardon cannot be extended to cases of impeachment. (Art VII, Soc. 10, Par.
2, Constitution of the Philippine).
2. No pardon, parole or suspension of sentence for the violation of any election
law may be granted without favorable recommendation of the Commission of
Elections. “(Art. X, Soc. 2, Par. 2 Constitution of the Philippines)”
3. Pardon is exercised only after conviction.

It is an elementary principle in political law that pardon can only be given after
final conviction. Cases pending trial or an appeal are still within the exclusive jurisdiction
of the courts hence, pursuant to the theory of separation of powers, the Chief Executive
has no jurisdiction over the accused.

Partial Extinction of Criminal Liability

Criminal liability is extinguished partially:

1. By conditional Pardon

A conditional pardon delivered and accepted is considered a contract between

the sovereign power of the executive and the convict that the former will release the
latter upon compliance with the condition.

2. By Commutation of Sentence

Commutation defined. Is an act of clemency by which an execute act changes a

heavier sentence to a less serious one or a longer term to a shorter term.

It is a change of 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 or the amount of the fine.

Purpose of Commutation of Sentence

a. to break the rigidity of the law;

b. to extend parole in case where the parole law do not apply;
c. to save the file of person sentences to death.

Instances where commutation is provided by law:

1. When the convict who is sentenced to death is over 70 years of age;

2. When the justices of the Supreme Court fail to reach a decision for the affir-
mation of the death penalty.

In either case, the degree of penalty is reduced from death to reclusion perpetua. In
commutation of sentence, consent of the offender is not necessary. The public welfare
not his consent determines what shall be done.

3. By Good Conduct Time Allowance (RA 10592)

The conduct of any prisoner in any penal constitution shall entitle him to the
following deductions from the period of his sentence;

 First two years of imprisonment – twenty (20) days of allowed deduc-

tion for each month of good behavior;
 Third of fifth year – twenty three (23) days allowed deduction of each
of good behavior;

50
  Sixth to the tenth year – twenty five (25) days allowed deduction for
each month of good behavior;
 Eleventh and success years – thirty (30) days allowed deduction for
each month of good behavior.

 At any time during the period of imprisonment, he shall be allowed an-

other deduction of fifteen days, in addition to numbers one to four
hereof, for each month of study, teaching or mentoring service time ren-
dered.

 Remember: An appeal by the accused shall not deprive him of entitlement

to the above allowances for good conduct.

Special Time Allowance (RA 10592)

 Special time allowance for loyalty. – A deduction of one fifth of the period
of his sentence shall be granted to any prisoner who, having evaded his
preventive imprisonment or the service of his sentence under the circum-
stances mentioned in Article 158 of this Code, gives himself up to the au-
thorities within 48 hours following the issuance of a proclamation an-
nouncing the passing away of the calamity or catastrophe referred to in
said article.

 A deduction of two-fifths of the period of his sentence shall be granted

in case said prisoner chose to stay in the place of his confinement not-
withstanding the existence of a calamity or catastrophe enumerated in Ar-
ticle 158 of this Code.

 “This Article shall apply to any prisoner whether undergoing preventive

imprisonment or serving sentence.”

Authority to Grant

 Director of the Bureau of Corrections, the Chief of the Bureau of Jail Man-
agement and Penology and/or the Warden of a provincial, district, munici-
pal or city jail shall grant allowances for good conduct. Such allowances
once granted shall not be revoked.”

Conditional Pardon - Conditional Pardon serves the purpose of releasing,

through executive clemency, a prisoner who is already reformed or rehabilitated but
who cannot be paroled because the parole law does not apply to him. Thus a prisoner
serving a determinate sentence or life imprisonment is excluded from the benefits of
the parole law. However, when this prisoner has already been reformed, he may be
released on conditional pardon.

Nature of Conditional Pardon

Conditional Pardon is in the nature of a contract, so that it must first be

accepted by the recipient before it takes effect. The pardonee is under obligation to
comply strictly with the conditions imposed therein, otherwise, his non-compliance will
result to the revocation of the pardon. (Art. 95, RPC). If the pardonee violates any of
the conditions of his pardon, he will be prosecuted criminally as a pardon violator. Upon
convictions, the accused will be sentenced to serve an imprisonment of prison
correctional. However, if the penalty remitted by the granting of such pardon be higher
than six years, the pardonee will be made to serve the unexpired portion of his original
sentence. (Art. 159, RPC)

51
 How Conditional Pardon is given

Conditional Pardon may be commenced by a petition filed by the prisoner, his

family or relative, or upon the recommendation of the prison authorities. The petition or
request is processed by the Board of Pardons and Parole. The Board shall determine if
the prisoner has served a sufficient portion of his sentence; his release is not inimical to
the interest of the community; and that there is a likelihood that the offender will not
become a public charge and will not recidivate in crime. If all these factors are
favorable, then the Board will endorse the petition favorably to the President. If the
case is premature, the petitioner is so informed.

Some Guides in Pardon Selection

In determining the fitness of a prisoner for release on conditional pardon, the

following points shall be considered as guides-
1. The political, organizational or religious affiliation of the prisoner should be
disregarded.
2. Due (but not undue) regard should be given the attitude of the people in the
community from which he was sentenced.
3. The judicial history of the case should be carefully investigated.
4. The background of the prisoner before he was committed to prison – social,
economic, psychological and emotional backgrounds – should be carefully
investigated.

Conditional Pardon Distinguished from Parole

The purpose of conditional pardon and parole is the same – the release of a
prisoner who is already reformed in order that he can continue to serve his sentence
outside of the institution, thus giving him the opportunity to gradually assume the
responsibilities of a free man. Both releases are subject to the same set of conditions
will subject the parolee or pardonee to be recommitted to prison. The only difference
between the two is the granting authority. In parole the granting authority is the Board
of Pardons and Parole, while in conditional pardon, the granting authority is the
President.

Conditions of Pardon and Parole

In the Philippines, the pardonee is given the same set of rules or conditions as
the parolee. Among the conditions usually imposed on pardonees and parolees are the
following:

1. That he shall live in his parole residence and shall not change his residence
during the period of his parole without first obtaining the consent of the Board of
Pardons and Parole.
2. If the parolee or pardonee leaves the parole jurisdiction temporarily, he needs
not get the permission of the Board, although he may so inform his parole officer
(Municipal Judge) of his where about.
3. That he shall report to the Municipal Judge (of the town where he will reside) or
to such officer as may be designated by the Executive Officer of the Board of
Pardons and Parole during the first year once a month and, thereafter, once
every two months or as often as he may be required by said officer.
4. That he shall not indulge in any injurious or vicious habits, and shall avoid places
or persons of disreputable or harmful character.
5. That he shall permit the Provincial Commander, Philippine Constabulary or any
officer designated by the Executive Officer of the Board to visit him at reasonable
times at his place of abode or elsewhere and shall truthfully answer any
reasonable inquiries concerning his conduct or conditions.

52
 6. That he shall not commit any crime and shall conduct himself in an orderly
manner.
7. That he shall pay not less than P50.00 a month to the cashier of the Department
of Justice in payment of the indemnity imposed upon him.
8. That he shall comply with such orders as the Board or its Executive Officer may
from time to time make.

Abuse of the Pardon Power and It’s Safeguards

The power vested on the President by the Constitution to grant pardon is very
broad and exclusive. It is not subject to review by the courts. Neither does congress
have the right to establish conditions nor provide procedure for the exercise of pardon.
Under these circumstances, it is therefore possible that unscrupulous Chief Executive
can abuse his power. In fact, nearly every presidential election the alleged abuse of the
pardoning power has come up as campaign issue against the incumbent President. The
truth of the charge has never been investigated, but the fact that the alleged anomaly
is aired publicly is an indication that the power to grant pardon may be abused.

There are certain safeguards, however, against the abuse of the pardoning
power. First is the constitutional provision that the President may be impeached for a
willful violation of the Constitution. This is enough deterrent for the Chief Executive to
abuse this power. Second, is the policy of the Office of the Chief Executive, ever since
the time of the American Governors General, to approve pardon cases, which are
favorably recommended by the Board of Pardons and Parole. Although this policy does
not wholly bind the President, seldom, if ever, has it been disregarded.

Is Pardon Necessary in our Penal System?

Judges are human beings and are therefore apt to commit errors. It is possible
for an innocent to get convicted, as it is possible for a criminal to escape the hands of
justice. An innocent man may not be able to present evidence to prove his innocence,
or may not have the money to hire a good counsel. Many of our penal laws are
outmoded and are no longer kept abreast with current trends of criminal justice
administration. Judges are limited by laws to the use of discretion they may exercise in
any given case. Under any of the above circumstances, an injustice may result, which
can only be remedied by the exercise of pardon.

Ideally, all releases should be by parole. Society can only be sufficiently

protected against the ex-prisoner if the latter is released through parole or conditional
pardon. Unfortunately, not all sentences are indeterminate so that some prisoners are
deprived of the privilege of parole. Therefore, pardon is necessary for the prisoners who
do not fall under the parole law.

OTHER FORMS OF EXECUTIVE CLEMENCY

AMNESTY

Amnesty is a general pardon extended to groups of persons and is generally

exercised by executive clemency with the concurrence of Congress. Usually the
recipients of amnesty are political offenders, although there are some exceptions. For
example, President Truman issued two proclamation granting amnesty to unnamed
persons, one at the end of World War II in 1945 and another at the end of the Korean
Conflict in 1952. In these cases, the persons have been convicted of crimes against the
United States but were pardoned by terms of proclamation for having served in the
armed forces for at least a year during the conflicts. Those who did so received pardons
without having to apply for them.

The Supreme Court, in the case of People vs. Santos, et al., 47 O.G. 6168, stated
that the “purpose of amnesty is to bring about the return of dissidents and recalcitrant

53
elements of our population to their homes and the resumption by them of their lawful
pursuits, or occupations, as loyal and law-abiding citizens, to accelerate the
rehabilitation of the war-devastated country, restore peace and order, and secure the
welfare and happiness of the communities.”

Amnesty looks backward and abolishes and puts into oblivion the offense itself.
It so overlooks and obliterates the offense with which he is charged that the person
released by amnesty stands before the law as though he had committed no offense.

COMMUTATION

Commutation is an act of clemency by which an executive act changes a heavier

sentence to a less serious one or a long term to a shorter term. It may alter death or
life sentence to a term of years. Commutation does not forgive the offender but merely
reduces the penalty of life sentence for a term of years.
Purposes of Commutation

Some of the common uses of commutations are the following:

1. To break the rigidity of the law - Some penal laws are rigid and unusually cruel.
For example, a law making qualified theft, the stealing of young coconuts from
trees, or fish from the fishpond, or sugar cane from the sugar cane field.
Qualified theft imposes an unusually heavy penalty on the culprit, which is
greatly misappropriated to the value of article stolen. Even if the judge would
want to impose a light penalty, he could not do so because his hands are tied by
the provision of the law. The sentence in this case may be reduced by
commutations of sentence.

2. To extend parole in cases where the parole law does not apply - Commutation
enables the recipient to be released on parole when his sentence does not allow
him parole, like, for example, when the sentence is determinate or life sentence,
or when the prisoner is serving two or more sentences. The sentence may be
changed to an indeterminate sentence by commutation to enable the recipient to
receive parole after serving the minimum of the sentence.

3. To save the life of a person sentenced to death - This is one of the most
common uses of commutation of sentence. In the Philippines, 95% of death
penalty cases are commuted to life imprisonment.

Procedures in Commutations

When the sentence of death penalty is confirmed by the Supreme Court, the
condemned man or the head of the prison system (Director of Prisons) may file a
petition for commutation. The prisoner is subjected to a social, psychological and
psychiatric examination by the Staff of the Reception Center. The inquiry will include
the sociological history of the prisoner, his criminal history, mental psychological
capacities, work history, etc., the purpose of which is to determine the degree of
involvement in crime the prisoner is in, and to determine if he deserves to be given a
new lease in life. The petition is then forwarded to the Board of Pardons and Parole,
together with the reports of examinations of the reception and Diagnostic Center and
the recommendation of the Director of Prison on the petition.

The Board of Pardons and Parole processes the petition and will deliberate on a
recommendation after a careful study of the papers, including the reports of the
Reception and Diagnostic Center. It will them forward the petition, including its
recommendation to the President. The President will then act on the petition. In giving
or denying commutation, the President may not follow the recommendation of the
Board of Pardons and Parole.

54
 REPRIEVE

Reprieve is a temporary stay of the execution of the sentence. Like pardon, the
President can only exercise reprieve when the sentence has become final. Generally,
reprieve is extended to death penalty prisoners. The date of the execution of sentence
is set back several days to enable the Chief Executive to study the petition of the
condemned man for commutation of sentence or pardon.

Good Conduct-time Deductions

Conditional release is the statutory shortening of the maximum sentence the

prisoners serves because of good behavior while in prison. This is called “good conduct-
time “and is given by the law as motivation for good behavior while serving sentence in
prison. Article 97, Revised Penal Code, provides good conduct time allowance to all
sentences under the following schedules:

“Good Conduct time allowance is automatically applied to reduce the sentence

but may be taken away from the prisoner if he fails to obey the rules and regulations of
the prison. However, good conduct time allowance may be remitted as a reward for
exceptional services the prisoner may render to the prison administration, or after the
lapse of some time when the prisoner has sufficiently demonstrated that he has
reformed.

“If the prisoner does not forfeit his statutory good conduct time allowance through
misbehavior, he is released at time earned. He is released under supervision as if on
parole and subjected to all parole condition which, if violated, will result in the issuance
of a warrant, revocation of his release, and the requirement that he return to prison to
serve the maximum term.”

This form of conditional release is used in Federal, Kentucky, Kansas, North

Carolina and Wisconsin correctional institutions. The release of the prisoner is
mandatory when the accumulated time deducted from the sentence for good behavior
and work credits makes it mandatory to release the prisoner. The Board of Parole does
not participate in the selection process. This form of release does, however, enable the
parole staff to provide supervision for a period of time by which his release has been
advanced for good behavior as though the offender was on parole. The released
prisoners are subject to the regulation and control of parole.

In the Philippines, the prisoner who is released from prison after serving his
sentence less the good conduct time allowance, is released without any condition and is
considered to have served his sentence in full.

Act No. 2489, otherwise known as the Industrial Good Time Law, provides that
when a prisoner has been classified as trusty or penal colonists, he is given an
additional 5 days time allowance for every month of service. A prisoner serving life
sentence has his sentence automatically reduced to 30 years of imprisonment upon
attaining the classification of trusty or penal colonists.

55
 LAWS GOVERNING THE CORRECTION OF CRIMINALS

Philippine Correctional Philosophies and their Legal Basis

The Philippine Constitution of 1997

1. The state values the dignity of every human person and guarantees
full respect for human rights. (Sec 11, Art. II)

2. No person shall be detained solely by reason of his political beliefs and

aspirations. (Sec 18 (1), Art. III)

3. No involuntary servitude in any form shall exist except as a

punishment for a crime whereof the party shall have been fully convicted.
(Sec. 18 (2), Ibid.)

4. Excessive fines shall not be imposed, nor cruel, degrading or inhuman

punishment inflicted. x x x (Sec. 19 (2). Ibid.)

5. The employment of physical, psychological, or degrading punishment

against any prisoner or the use of substandard or inadequate penal facilities
under subhuman conditions shall be dealt by law. (Sec.19 (2), Ibid.)

Rules for the Treatment of Prisoners (DOJ, Jan 7, 1959)

1. The purpose of committing a prisoner to prison is two-fold: To segregate from

society a person who by his acts has proven himself a danger to the free community,
To strive at the correction or rehabilitation of the prisoner with the hope that upon his
return to society he shall be able to lead a normal well adjusted and self supporting life
as a good and law abiding citizen.

2. There is no man who is all bad and there is something good in all men. (Art. I)

The Revised Penal Code

“No felony shall be punishable by any penalty not prescribed by law prior to its
commission”. (Art. 21, RPC)

Delay in the Delivery of Detained Persons to the Proper Judicial

Authorities.

(Art 125, RPC), A felony committed by a public officer or employee who shall
detain any person for some legal ground and shall fail to deliver such person to the
proper judicial authorities with in the period of:

12 hours – for crimes or offenses punishable by light penalties,

18 hours – for crimes or offenses punishable by correctional penalties,
36 hours – for crimes or offenses punishable by afflictive or capital penalties.

The crime of Arbitrary Detention is committed when the detention of a person is

without legal ground.

The legal ground of detention are : a) commission of a crime and b) violent

insanity or other ailment requiring compulsory requirement.

Delaying Release

56
 This is committed by a public officer or employee who delays for the period of
time specified in Art 125, the performance of any judicial or executive order for the
release of a prisoner or unduly delays the services of the notice of such order to said
prisoner.

Delivery of Prisoners from Jail (Art. 156, RPC)

Elements:

a) The offender is a private individual,

b) He removes a person confined in jail or a penal institution or helps in the
escape of such person,
c) The means employed are violence, intimidation, bribery or any other means.

The prisoner maybe a detention or sentenced prisoner and the offender is an

outsider to the jail. If the offender is a public officer or a private person who has the
custody of the prisoner and who helps a prisoner under his custody to escape, the
felony is Conniving with or Consenting to Evasion (Art. 223) and Escape of a Prisoner
under the custody of a person not a public officer (Art. 225) respectively.

This offense like other offenses of similar nature may be committed through
imprudence or negligence.

Evasion of Service of Sentence (Art 157-159, RPC)

1. Evasion of Service under Art 157, RPC

Elements:

a) Offender is a prisoner-serving sentence involving deprivation of liberty

by reason of final judgment.
b) He evades the service of his sentence during the term of his
imprisonment.

This felony is qualified when the evasion takes place by breaking doors,
windows, gates, roofs or floors; using picklocks, false keys, disguise, deceit, violence,
intimidation or; connivance with other convicts or employees of the penal institution.
(Jail breaking is synonymous with evasion of sentence).

2. Evasion of Service of Sentence on the Occasion of Disorders due to

Conflagrations, Earthquakes, or Other Calamities (Art. 158, RPC)

Elements:

a) Offender is a prisoner serving sentence and is confined in a penal

institution.
b) He evades his sentence by leaving the institution.
c) He escapes on the occasion of a disorder due to conflagration,
earthquake, explosion, or similar catastrophe or mutiny in which he has not
participated, and
d) He fails to give himself up to the authorities within 48 hours following
the issuance of a proclamation by the Chief Executive regarding the passing
away of the calamity.

A special time allowance for loyalty shall be granted. A deduction of one-fifth of

the period of the sentence of any prisoner who evaded the service of sentence under
the circumstances mentioned above. The purpose of the law in granting a deduction of
one-fifth (1/5) of the period of sentence is to reward the convict’s manifest intent of

57
paying his debts to society by returning to prison after the passing away of the
calamity.

Whenever lawfully justified, the Director of Prisons (Bureau of Corrections) shall

grant allowance for good conduct and such allowances once granted shall not be
revoked.

3. Other cases of Evasion of Service of Sentence (Art. 159, RPC)

The violation of any conditions imposed to a Conditional Pardon is a case of

evasion of service of sentence.

The effect of this is, the convict may suffer the unexpired portion of his original
sentence

Offenses or Irregularities by Public Officers

1. Maltreatment of Prisoner (Art. 235, RPC)

Elements:

a) Offender is a public officer or employee

b) He overdoes himself in the correction or handling of such
prisoner by imposition of punishment not authorized by regulation or
by inflicting such punishment in a cruel and humiliating manner.

The felony of Physical Injuries if committed if the accused does not have the
charge of a detained prisoner and he maltreats him. And if the purpose is to extort a
confession, Grave Coercion will be committed.

Prescription of the Crime & Prescription of Penalty

The Difference

Prescription of the Crime Prescription of Penalty

Is the forfeiture or loss of the right of the Is the loss or forfeiture of the right of the
state to prosecute the offender after the government to execute the final sentence
lapse of a certain time. after lapse of a certain time.

Note: That the counting will start upon Note: That the counting will only run if
the discovery of the crime not on the within convicted person will hide in the
date the crime happened. Philippines or in any other countries in
which the Philippines has a treaty or
extradition law.

Conditions necessary in Prescription of Penalty

 That there must be final judgment;

 That the period of time prescribed by law for its enforcement has lapsed.
 Prescription whether by penalty or crime, the state or the people loses the right
to prosecute the crime or to demand of the sentence of the penalty imposed.

Period of Prescription of Crimes

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 Crimes punishable by Death, Reclusion Perpetua or Reclusion Temporal – 20
years
 Crimes punishable by other Afflictive Penalties – 15 years
 Crimes punishable by Correctional Penalty – 10 years
 Crimes punishable by Arresto Mayor – 5 years
 Crime of libel or other similar offenses – 1 year
 Offenses of Oral Defamation and Slander by Deed – 6 months
1. Light Offenses – two (2) months

Period of Prescription of Crimes under Special Laws or Ordinances

 Offenses punished only by a fine or by imprisonment for not more than one
month, or both – after 1 year
 Offenses punished by imprisonment for more than one month, but less than two
(2) years – after 4 years
 Offense punished by imprisonment for six (6) years or more – after 12 years
 Offense punished by imprisonment fro two (2) years or more – after 8 years
1. Offense under Internal Revenue law – after 5 years
2. Violations of Municipal Ordinances – after 2 months
3. Violations of the regulations and conditions of certificate of conve-
nience by the Public Service Commission – after two (2) months

The computation of prescription o offenses or crime shall start to court

from the day of which offense or crime is being discovered, by the offended
party, authorities or their agents. It is interrupted by filing of complaint or
information. It would commence to run again when such proceedings terminate
without the accused being convicted or acquitted or are unjustifiably stopped for
any reason not imputable to him. The term of prescription shall not run when the
offender is absent from the Philippines.

Period of Prescription of Penalties

 Crimes sentence to death and reclusion perpetua – 20 years

 Afflictive penalties – 15 years
 Correctional penalties – 12 years
 Arresto mayor – 5 years
 Light penalties – 1 year

The period of the prescription of sentence commence when the sentence

imposed is already final. If a convict appealed and thereafter fled, the penalty
imposed upon him would never prescribe, because pending the appeal the
sentence is not yet final. The period of presentation of penalties commence to
run from the date when the culprit evaded the service of sentence. It will only be
interrupted if the culprit:

1. Gives himself up;

2. be captured;
3. goes to a foreign country with which we have no extradition treaty;
4. Commits another crime before the expiration of the period of prescrip-
tion.

The period of prescription of penalties shall commence to run again when

convict escapes again, after having been captured and return to prison.

Elements for the Prescription of Sentence to Commence

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 a. That the penalty is imposed by final sentence;
b. That the convict evaded the services of sentence by escaping during
the term of his sentence;
c. That the convict who escaped from prison has not given himself up or
been captured or gone to a foreign country with which we have no ex-
traditio0n treaty, or committed another crime;
d. That the penalty has prescribed because of the lapse of time from the
date of the evasion of the service of sentence by the convict.

BUREAU OF JAIL MANAGEMENT AND PENOLOGY DOCTRINE OF

DEVELOPMENT

The Bureau of Jail Management and Penology adheres to the following ten (10)
doctrines to guide it in its day-today functions.

(1.) Personnel build-up and mentoring doctrine – New recruits are immediately
sent to attend the public safely basic recruit-training course at the National
Jail Institute, with the program of instruction particularly tailored to correc-
tions or jail officers. The physical and moral approach is mentoring. In the
training center, mentors are trusted counselors who can make a difference
between a person’s physical and moral like.

(2.) Striving for excellence doctrine – After the development of personnel, the bu-
reau begins to enhance the knowledge and skills of personnel to make them
capable of performing the tasks assigned to them, the human resources de-
velopment program includes in-house training, allied courses offered to en-
sure that skills are appropriated to their job description. The Jail Bureau en-
deavors to create or build for them a cancer that will make them worthy of
being correctional officers.

(3.) Doctrine on Equity – This doctrine emphasizes the grant of recognition to de-
serving personnel while, at the same time, meting out punishment to erring
one’s Recognition comes in the form of promotion, wards, decorations, and
timely release of incentives and benefits such as longevity pay, clothing al-
lowances, productivity pay, and among others. Relatedly, the bureau envi-
sions developing a retirement scheme that will enable retirable personnel to
claim retirement benefits on time and with less effort and with fewer ex-
penses. The giving of retirement pay is done during appropriate ceremonies
in due recognition of the retirees long and efficient service in the bureau.

(4.) Doctrine of Positive reinforcements – This doctrine deals with the strategies
that are intended to strengthen the moral fiber and work ethics of personnel.
The activation of integrity circles (IC’s) in all levels of jail management, the
member IC’s shall ensure that all available personnel who are morally strong
will be made as role models. They can help prevent less desirable and poten-
tially corrupt personnel from engaging illicit activities. It is imperative that
the IC’s helped enhance morality and integrity of the organization. In the in-
stitutionalization of IC’s facilitators play a very important role in the profes-
sionalization of trainers. Trainers keep abreast of development obtained in
the organization. Periodic training of facilitators is necessary to effectively
fight corruption in organization.

(5.) Doctrine on decentralization in resource governance – This doctrine gives

emphasis on transparency in allocation and utilization of resources and in-
volvement of all units in resources management. Complementarily of efforts
among key personnel at all levels thus fends to neutralize budgetary con-
straints.

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 (6.) Doctrines on networking and teamwork – This doctrine aim to:

1. Widen working knowledge on intelligence through training or semi-

nars;
2. Establish intelligence network in all jail facilities with offenders as infor-
mants;
3. Conduct security inspection;
4. Identify strong and weak points of the facility, personnel and degree of
implementation of existing policies and guidelines through the conduct
of research.
5. Coordinate with other intelligence units and local officials;
6. Establish feedback mechanism.

(7.) Doctrine of Penology – This doctrine is the main of the Bureau of Jail Man-
agement and Penology. Which includes the following:

1. Custody, security and control, emergency plans, movement and transfer of

offenders.

The over-all concept of jail security 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 as well as of inmates who are undergoing rehabilitation.

The following guidelines are observed in jails:

a. Conduct of jail inspection and security survey.

Periodic and surprise inspection of jail facilities are conducted. The inspection must
not be perfunctory or superficial. It must be done thoroughly in order to discover and
flush out all kinds of contraband places in jail facilities where contraband could be
hidden and locate places which could serve as possible route of escape.

b. Oplan Greyhound

Searches on offenders and visitors entering the jail facilities are religiously
conducted to prevent entry of contraband and other deadly weapons and to ensure the
safety and security of offenders, visitors and personnel. No one is allowed to pass the
gate without being subjected to body search and inspection.

c. Movement and transfer of offenders

Offenders, while under detention or escort, are closely supervised to prevent

jailbreak or escapes. Movements of jail personnel are also closely monitored to
prevent possible connivance with offenders in jail escapes. Offenders shall not be
escorted out of jail unless their movement is endorsed by the court or other judicial
authorities, except in emergency cases. The shortest available route to and from the
destination shall be taken and no deviation from the route shall be allowed for
whatever reason.

d. Offenders’ count

It is a part of institutional procedure that at specified times during a 24-hour period,

all offenders shall be physically counted, at least four (4) times daily and during
charge of shift. And all movements of offenders shall cease until the court is
completed. If the total jail court does not tally with the jail population at any given

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 time, another count shall be made. An immediate report shall be rendered to the
warden or deputy warden for any unaccounted offender.

e. Security procedures during meal service

A jailer shall not enter the quarters of the offenders to distribute food unless another
officer is available to handle the keys and to control the entrance door. In dining
room security, as a general precaution, individual mess utensils of offenders are
made of plastic.

f. Mail censorship

To give the offenders are respite from the strain of prison life, they shall be
encouraged to maintain wholesome contact with friends and relatives through
correspondence. However, the privilege o sending and receiving mail that is
extended to offenders shall be properly supervised and handled to obviate the
possibility of smuggling contraband and using this as a means of elicit
communication. Likewise, all outgoing mail shall pass through the normal mail
facility of the jail subject to the usual censorship.

g. Emergency plans for jails

Emergency plans in case of fire or conflagration, riots or other violent disturbances

jail breaks and other such occurrences were formulated to suit the physical structure
and other factors peculiar to the individual jail. All wardens are directed to formulate
their respective implementing plans in cases of emergency.

Mob and Riot Control

Definition:
1. Mob – it is a crowd which may become boisterous and disorderly with only
isolated and minor violence or lawlessness.
2. Riot – it is a mob which seeks to violate each and every police goals.

Characteristics

1. Aggressive – riots, lynching mob, prison and political riots.

2. Escapes – mobs that are attempting to safety by fight panic creates escape
mob.
3. Acquisitive – mobs that desire to acquire something.
4. Expressive – mob that expresses favor or revelry.

Types of Violence used by Mobs

1. Verbal and written abuse – tactics used to anger and demoralize police offi-
cers.
2. Noise – this tends to fatigue and demoralize the police and it also interferes
with police command and control.
3. Attack on police and police equipments – this is done to damage and cripple
police vehicle and disrupt police action against violators.
4. Throw objects – police offices should be on the look out for troubled areas
where objects are available to violators.
Ex. Molotov bombs, pili boxes, feces, urine, stone and etc.
5. Moving vehicle – used to destroy roadblocks and police formations.

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 6. Destruction of property and looting – private residence and businesses may
have windows broken or set into a fire or business establishments may be
looted of merchandize.
7. Use of weapons and firearms – these are used in fighting police either by se-
lective snipping or massed fire.

Tactics used by Mobs

1. Numerous false alarms directed to police department causing the premature

or incorrect deployment of fire equipment’s and resources.
2. False calls of “officers in trouble” resulting in that development of police man-
power to a certain areas and attract larger crowd for the agitator to incite.
3. Interfering with a police officer in his line o duty forcing him to take action
against the agitator or at least diverting him from his primary duty. This tac-
tics is followed by crises of “police brutality” from the investigators of the
trouble.

Oplan Dakip Balik-Piitan

All Assistant Regional Directors of Bureau of Jail Management and Penology is

mandated to intensity implementation of oplan dakip-balik-piitan in their respective
areas of responsibility for the immediate recapture or recovery of escapes..
Coordination with the Philippine National Police and other Law Enforcement Agencies is
also encouraged before the conduct of an operation.

Rehabilitation Services for offenders

Rehabilitation services are carried out to change offenders’ pattern of criminal

behavior and to reform them into law-abiding and productive citizens through the
implementation of rehabilitation programs in jail.

The treatment of offenders focuses on the provision of the following services

that are designed to encourage offenders to return to the fold of law to enhance their
self-respect, dignity and sense of responsibility:

a. provide basic needs of offenders;

b. medical and dental services;
c. education and skills training;
d. religious service, guidance and counseling services;
e. recreation, sports and entertainment;
f. work program such as livelihood projects;
g. visitation services; and
h. mail services

ESCAPE AND APPREHENSION PROCEDURES

The following are the measures that help reduce the occurrence of escape
attempts:

1. Alert detection and prompt report of unrest or tension;

2. Observation and report of abnormal changes in inmate behavior;
3. Provision of full - time work, recreation and self-improvement programs for the
inmates;
4. Proper considerations of legitimate inmate complaints or needs;
5. Prompt, decisive, & suitable action in response to the situation at hand;
6. Implementation of a system of security inspections, frequent counts and super-
vised movement;

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 7. Provision of appropriate work and living assignment in accordance with inmates
custody classification.

Sounding the Alarm:

Pre-arranged signal should be sounded to notify employees living in the vicinity

of the facility.

Notification of Off-duty Employees:

An accurate up-to-date list of all employees’ addresses and telephone numbers

should be maintained. Off-duty employees should re-enforce on-duty employees.

Essential Maintenance Posts:

When an alarm is sounded, employees supervising their post should take

immediate counting of inmates in their care.

Notification of the Central Office:

a) Method of Escape- Inform the Central Office how the inmates managed to have
access in the area from where the escape occurred;

b) An evaluation of the factors which may have led to or what enable the escape;

c) Proposed changes to institutional policy or procedures designed to thwart similar

escapes in the future.

Notification of Law Enforcement Agencies & the Information that must be

provided:

1. Name of the Escapee (s)

2. Escapees’ sex, race, nationality, date of birth, age weight, hair & eye color
and residence.
3. Photograph
4. Escapees’ crime or offense status, date sentenced, length of sentence;
5. Statement whether or not the escapee (s) is considered dangerous.
6. Institutional contact who should receive notice of apprehension.

Officers Conduct in the Event of Escape

a) Recovery team must be tactful and use good judgment during their contact with
the public;
b) Apprehension plan should clearly state the limits of authority of the recovery
team;
c) Conduct vehicle or house search;
d) Proper coordination with the law enforcement agencies is necessary;
e) Recovery team must recognize the importance of proper handling of evidence;
f) Any infractions of the law should be avoided.

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