MODULE: Institutional Corrections

Chapter
12
At the end of this chapter the student should be able
to:

Understand the study of institutional agencies in the

Philippines
Know the Writ of Habeas Corpus and the Writ of
Amparo

CORRECTIONAL SYSTEM IN THE

PHILIPPINES

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MODULE: Institutional Corrections
The Correctional System in the Philippines is composed of six agencies
under three distinct and separate departments of the national
government:
DEPARTMENT OF INTERIOR AND LOCAL GOVERNMENT - under this are the
Bureau of Jail Management and Penology (BJMP) which runs the city,
municipal, and district jails; and the provincial jails through their
respective provincial governments.
DEPARTMENT OF SOCIAL WELFARE AND DEVELOPMENT - under this is Juvenile
and Justice Welfare Council which oversees the rehabilitation of young
offenders.
DEPARTMENT OF JUSTICE - under this are the Bureau of Corrections,
Parole and Probation Administration and the Board of Pardons and
Parole.

What is the role of the Department of Justice?

The Department of Justice (DOJ) acts as the principal law agency
and legal counsel of the government. It serves as the government’s
prosecution arm and administers the government’s criminal justice
system by investigating crimes, prosecuting offenders, and overseeing
the correctional system.

The following agencies are attached to DOJ:

Bureau of Corrections
Bureau of Immigration
Land Registration Authority
National Bureau of Investigation (NBI)
Office of the Government Corporate Counsel
Office for Alternative Dispute Resolution
Office of the Solicitor General (OSG)
Parole and Probation Administration
Presidential Commission on Good Government
Public Attorney’s Office
Board of Pardons and Paroles
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MODULE: Institutional Corrections
LEG4L &4SIS

The BUREAU OF PRISONS was established on November 1, 1905 under

the DEPARTMENT OF PUBLIC INSTRUCTION through REORGANIZATION ACT 1407 of
the PHILIPPINE COMISSION until it was Transferred to the DEPARTMENT OF
JUSTICE (DOJ).
The PRISON LAW incorporated in chapter 45 of the revised
ADMINISTRATIVE CODE OF 1917.
SECTION 26 of the ADMINSTRATIVE CODE OF 1987 issued November 23, 1989
under PROCLAMATION NO. 495 of the PRESIDENT OF THE PHILIPPINES change
the name of the BUREAU OF PRISON to BUREAU OF CORRECTIONS.
On May 24, 2013, PRESIDENT BENIGNO SIMEON C. AQUINO III signed
into
law the REPUBLIC ACT NO. 10575/ otherwise known as THE BUREAU OF
CORRECTIONS ACT of 2013 which provides for the modernization,
Professionalization and Restructuring of the bureau.

/UNGTIONS

1. Safekeep prisoners convicted by courts three (3) years and one

(1) day and above to serve sentence in prison.
2. Prevent prisoners from committing crimes.
3. Provide inmates basic needs.
4. Ensure rehabilitation programs are made available to the
inmates for their physical, intellectual and spiritual
development.
5. Develop livelihood programs to assist inmates earn a living
and develop their skills while in prison.
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MODULE: Institutional Corrections
REfORMATION PROGRAM

Work and Livelihood

The Bureau offers a variety of
inmate work programs, from
agricultural to industrial. The
purpose of the inmate work
program is to keep the inmates
busy, and to provide them money
for their personal
expenses and their
families as well as help them
acquire livelihood skills, in
order that they may become
productive citizens once they are
mainstream of society. released and assimilated back into the
Different prison and penal farms provide institutional work
programs for inmates. At the Davao Penal Colony, inmates work on the
banana plantations of Tagum Development Company (TADECO) which has a
joint venture agreement with the Bureau. Similarly, the vast tracts of
land at the Iwahig Penal Colony are developed and tilled by inmates to
produce various agricultural products, thereby generating income for
the Bureau. The Sablayan Prison and Penal farm also provides
agriculture and aquaculture programs for inmates.
Along this end, the Bureau under the present Director has
encouraged agricultural and industrial production by providing farming
implements, tractors, fertilizers and other inputs in order to sustain
this area of rehabilitation for inmates.

Healthcare Services
Upon his initial commitment to
the Reception and Diagnostic Center
(RDC), the inmate’s medical history
is recorded and properly documented
by the Medical
Specialist. Medical
information and mental status
examinations are given to ascertain
his overall physical / mental
fitness and whether he would be fit
for work. This forms part of the
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MODULE: Institutional Corrections
diagnostic process which will eventually determine the most appropriate
rehabilitation program for the inmate.
The principal medical care of inmates is provided through a 500-
bed capacity hospital at the New Bilibid Prisons and at six (6) other
mini-hospitals or clinics in the six (6) other prison and penal farms.
All correctional facilities have a full and competent staff of medical
practitioners in charge of clinics, infirmaries and hospitals. These
centers are capable of minor surgical operations, laboratory
examinations, radiology, psychiatric, rehabilitation and dental
treatment.
Other government and private hospitals are also tapped in the
implementation of standards pertaining to nutrition and protective
health services for the prison community. Medical services also
include a wide range of counseling techniques and therapy programs
which address the psychological problems of inmates, including
suicidal thoughts and feelings of rejection which may lead to
disruption of peace and order within the prison compounds. When an
inmate’s ailment is beyond the competence of the in-house medical
doctors, the inmate is referred to a government hospital in accordance
with prison rules and under proper security escorts.

Education and Skills Training

Rehabilitation can be
facilitated by improving an
inmate’s academic and job skills.
Records show that many prisoners
are poorly educated. A majority
are elementary school drop outs
or have not even finished primary
school. Prison education amounts
to remedial schooling designed
to prepare inmates to obtain
basic skills in reading, writing
and mathematics.
In most correctional facilities, vocational programs are
incorporated into job assignments and serve as on-the-job training.
The goal is to provide inmates with skills that will improve their
eligibility for jobs upon release. Most prison vocational training is
geared toward traditional blue-collar employment in areas such as
electronics, auto mechanics and handicrafts. At the Reception and
Diagnostic Center, a basic computer literacy course with typing as a

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MODULE: Institutional Corrections
support course is available for inmates who have finished at least high
school level.
Vocational training and social education focus on job readiness.
The concern in these areas is life skills. If inmates are to reenter
society and abstain from criminal activity, they must be employable
and have the basic tools necessary to function as responsible
citizens.
The National Penitentiary has a college degree program and a
tertiary degree correspondence course, in addition to the regular
secondary and compulsory basic literacy classes. Prisoners are
strongly encouraged by the BuCor authorities to enroll while serving
their sentence and to advance their academic skills.

Sports and Recreation

The inmates enjoy sunrise by
participating in
daily calisthenics. There are
various indoor and
outdoor sports
activities, programs, tournaments
and leagues all year round, to
include basketball, volleyball,
billiards, table tennis and
chess. These sports competitions
promote camaraderie among inmates, good
sportsmanship and team-building. The latest addition is the
newly constructed indoor sports center/gymnasium at the Maximum-
Security Compound which boasts of competition-standard flooring, sound
system, locker rooms and bleachers.
All prison and penal farms have adequate recreational facilities
for inmates, both for outdoor and indoor sports. Mini-bodybuilding
gyms are available in most prison facilities, including the Muntinlupa
Juvenile Training Center and the Therapeutic Community Center for
inmates with drug cases.
For music lovers and musically-inclined inmates, numerous
"videoke" centers are available. Musical instruments are available for
practice or for use in variety shows.

Moral and Spiritual Program

Inmates enjoy freedom of religion. All inmates are free to
observe the rituals of their faith, with orderly conduct supervised by
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prison authorities. A religious guidance adviser or chaplain is
assigned in

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MODULE: Institutional Corrections
every prison and penal farm. The
prison chaplain sets the stage
for every regular spiritual
activity. He is an officer of the
institution who oversees the
operation of the prison chapel.
He is not only the spiritual
leader but also a counselor and
adviser. Prisoners may be baptized
or given other sacraments.
Religious Volunteer Officers, or RVOs belonging to
different church groups provide weekly religious activities ranging
from bible studies, devotions, prayer meetings or praise and worship.
With a predominantly Roman Catholic prison population, a Catholic Mass
is a regular feature in spiritual activities of the prison
communities. Restrictions, however, are imposed if, in the course of
religious activities, security is compromised or a program is too
expensive.

Therapeutic Community
The Therapeutic Community
(TC) Program represents an
effective, highly structured
environment with defined
boundaries, both moral and
ethical. The primary goal is to
foster personal growth. This is
accomplished by re-shaping an
individual’s behavior and
attitudes through the
inmates ? community
working
together to help themselves and each
other, restoring self-confidence, and preparing them for their re-
integration into their families and friends as productive members of
the community.

Patterned after Daytop TC, New York which is the base of the
Therapeutic Community movement in the world, the BuCor TC program was
adopted as part of the Bureau's holistic approach towards inmate
rehabilitation. It is implemented primarily but not limited to drug
dependents.
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MODULE: Institutional Corrections
The TC approach has been continuously proven worldwide as an
effective treatment and rehabilitation modality among drug dependents,
and have been noted to be effective in many prisons. By immersing a
drug offender in the TC environment, he learns why he had developed
his destructive habits, which led him to substance abuse. The program
modifies negative behavior and or attitudes while restoring self-
confidence, and prepares inmates for their re-integration into their
families and friends as productive members of the community. This
behavioral modification program gradually re-shapes or re-structures
the inmate within a family-like environment, wherein every member act
as his brother’s keeper.
As TC family members go on with their daily activities, a strong
sense of responsibility and concern for each other’s welfare are
developed. They are constantly being monitored for their progress and
are regularly being evaluated by the TC-trained staff. The TC process
allows for genuine introspection, cultivation of self-worth and
positive rationalization that move the individual towards assuming a
greater sense of personal and moral responsibility.
The efforts of the Bureau of Corrections to rehabilitate Drug
dependents under its care using the TC approach is in line with its
commitment to create a Drug-Free Prison. Worldwide developments in the
treatment and rehabilitation of drug offenders using this therapeutic
community approach have been noted to be effective in many prisons.

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What is the Writ of Habeas Corpus and the Writ of Amparo?

Art. III Sec. 15 The Privilege of the writ of habeas corpus shall not
be suspended except in cases of invasion or rebellion when the public
safety requires it.
Writ of Habeas Corpus - An order issued by
a court to a person detaining another, to
produce the body of the prisoner at a
certain time and place, and to show
sufficient cause for holding in custody
the individual.
Privilege of the Writ of Habeas Corpus –
the right to have an immediate
determination of the legality of the
deprivation of physical liberty.
Habeas Corpus: “to bring the body”

Principal purpose: To set the individual at liberty. Privilege of the

writ- further order from the court to release an individual if it
finds his detention without legal cause or authority.
 The president may suspend the privilege:

1. In cases of invasion or rebellion; and

2. When public safety requires it.

 The suspension in effect, allows arrests and seizures without

warrants issued by the courts.
To read more about The Rule on Writ of Habeas Corpus kindly click or
download the link below.

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MODULE: Institutional Corrections

Writ of Amparo

The petition for a writ of

amparo is a remedy available to any
person whose right to life, liberty
and security is violated or
threatened with violation by an
unlawful act or omission of a public
official or employee, or of a private
individual or entity.

Amparo: “protection

 Prohibits respondents from using the defense of simple denial.

 Evidence or documents are needed to support claims that they did

not violate the rights to life, liberty or security of the
aggrieved party.

 The court may issue any of the following:

 Temporary protection order

 Inspection order
 Production order
 Witness protection order

References:

BUCOR: http://www.bucor.gov.ph/logo.html
http://hrlibrary.umn.edu/research/Philippines/The%20Rule
%20on%20Habeas%20Corpus.pdf

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