Professional Documents
Culture Documents
0 10-July-2020
Study Guide in IR 2 – INTEGRATED REVIEW (Forensic 1-6, CDI 1-9, CA 1-3 and CFLM 1 & 2)
Module No. 1
CA 1 - Institutional Corrections covers the study of the nature of institutional corrections both local and
international settings including pertinent laws relative to human rights and victim welfare and various
rehabilitation programs applicable to the offenders’ re-integration to the community. CA 2 - Non-Institutional
Corrections focuses on Presidential Decree, known as the “Probation Law of 1976” as amended, establishing
a probation system in the Philippines, its historical background, philosophy, concepts, and operation as a new
correctional system, investigation, selection and condition of Probation, distinction between incarceration,
parole, probation and other forms of executive clemency, total involvement of probation in the administration
of the Criminal Justice System. This course also treats the study of the Act 4103, as amended otherwise
known as the Indeterminate Sentence Law that created the Board of Pardons and Parole, system of releasing
and recognizance, executive clemency and pardon. Whereas, CA 3 - Therapeutic Modalities covers the
review on laws on human rights, different forms of human rights violation, government programs for the
welfare of the victims, treatment models, and the developmental aspects of therapeutic modalities.
1. Identify and explain the theories, concepts and principles in Institutional Corrections;
2. Determine the concepts and principles of Non-Institutional Corrections; and
3. Recall and apply the principles and concepts of Therapeutic Modalities.
CORRECTION ADMINISTRATION
PENOLOGY defined:
o The study of punishment for crime or of criminal offenders. It includes the study of control and
prevention of crime through punishment of criminal offenders.
o The term is derived from the Latin word “POENA” which means pain or suffering.
o Penology is otherwise known as Penal Science. It is actually a division of criminology that deals with
prison management and the treatment of offenders, and concerned itself with the philosophy and
practice of society in its effort to repress criminal activities.
o Penology has stood in the past and, for the most part, still stands for the policy inflicting punishment
on the offender as a consequence of his wrongdoing.
Penal Management:
o Refers to the manner or practice of managing or controlling places of confinement as in jails or
prisons.
CORRECTION defined:
o A branch of the Criminal Justice System concerned with the custody, supervision and rehabilitation of
criminal offenders.
Study Guide in IR 2 – INTEGRATED REVIEW (Forensic 1-6, CDI 1-9, CA 1-3 and CFLM 1 & 2)
Module No. 1
o It is that field of criminal justice administration which utilizes the body of knowledge and practices of
the government and the society in general involving the processes of handling individuals who have
been convicted of offenses for purposes of crime prevention and control.
o It is the study of jail/prison management and administration as well as the rehabilitation and
reformation of criminals.
o It is a generic term that includes all government agencies, facilities, programs, procedures,
personnel, and techniques concerned with the investigation, intake, custody, confinement,
supervision, or treatment of alleged offenders.
Correction as a Process
o Refers to the reorientation of the criminal offender to prevent him or her from repeating his deviant or
delinquent actions without the necessity of taking punitive actions but rather the introduction of
individual measures of reformation.
Correctional Administration
o The study and practice of a systematic management of jails or prisons and other institutions
concerned with the custody, treatment, and rehabilitation of criminal offenders.
Study Guide in IR 2 – INTEGRATED REVIEW (Forensic 1-6, CDI 1-9, CA 1-3 and CFLM 1 & 2)
Module No. 1
Early Codes:
o History has shown that there are three main legal systems in the world, which have been extended to
and adopted by all countries aside from those that produced them. In their chronological order, they
are the Roman, the Mohammedan or Arabic and the Anglo-American Laws. Among the three, it was
Roman law that has the most lasting and most pervading influence. The Roman private law (Which
include Criminal Law), especially has offered the most adequate basic concepts which sharply define,
Study Guide in IR 2 – INTEGRATED REVIEW (Forensic 1-6, CDI 1-9, CA 1-3 and CFLM 1 & 2)
Module No. 1
in concise and inconsistent terminology, mature rules and a complete system, logical and firm,
tempered with a high sense of equity. (Coquia, Principles of Roman Law, 1996)
a. Code of King Hammurabi (Hammurabic Code) – Babylon, about 1990 BC, credited as the oldest
code prescribing savage punishment, but in fact, Sumerian codes were nearly one hundred years older.
a. The Code of Kalantiao (promulgated in 1433) – the most extensive and severe law that prescribes harsh
punishment.
b. The Maragtas Code (by Datu Sumakwel)
c. Sikatuna Law
Early Prisons:
Mamertine Prison – the only early Roman place of confinement which is built under the main sewer of Rome
in 64 B.C Other places of confinement in the history of confinement include FORTRESSES, CASTLES, and
TOWN GATES that were strongly built purposely against roving bands of raiders. The most popular
workhouse was the BRIDEWELL WORKHOUSE (1557) in London which was built for the employment and
housing of English prisoners.
Wulnut Street Jail–originally constructed as a detention jail in Philadelphia. It was converted into a state
prison and became the first American Penitentiary.
During the Pre-Spanish period, prison system in the Philippines was tribal in nature. Village chieftains
administered it. It was historically traced from the early written laws. In 1847, the first Bilibid Prison was
constructed and became the central place of confienment for Filipino Prisoners by virtue of the Royal decree
of the Spanish crown. In 1936, the City of Manila exchanges its Muntinlupa property with the Bureau of
Prisons originally intended as a site for boys’ training school. Today, the old Bilibid Prison is now being used
Study Guide in IR 2 – INTEGRATED REVIEW (Forensic 1-6, CDI 1-9, CA 1-3 and CFLM 1 & 2)
Module No. 1
as the Manila City Jail, famous as the “ May Halique Estate”.
V. PUNISHMENT
Punishment:
o It is the redress that the state takes against an offending member of society that usually involve pain
and suffering.
o It is also the penalty imposed on an offender for a crime or wrongdoing.
1. Imprisonment – putting the offender in prison for the purpose of protecting the public against criminal
activities and at the same time rehabilitating the prisoners by requiring them to undergo institutional
treatment programs.
2. Parole - a conditional release of a prisoners after serving part of his/her sentence in prison for the
purpose of gradually re-introducing him/her to free life under the guidance and supervision of a parole
officer.
3. Probation – a disposition whereby a defendant after conviction of an offense, the penalty of which
does not exceed six years imprisonment, is released subject to the conditions imposed by the
releasing court and under the supervision of a probation officer.
4. Fine – an amount given as a compensation for a criminal act.
Study Guide in IR 2 – INTEGRATED REVIEW (Forensic 1-6, CDI 1-9, CA 1-3 and CFLM 1 & 2)
Module No. 1
5. Destierro – the penalty of banishing a person from the place where he committed a crime, prohibiting
him to get near or enter the 25-kilometer perimeter.
PURPOSES/JUSTIFICATIONS OF PUNISHMENT
1. Retribution – the punishment should be provided by the state whose sanction is violated, to afford
the society or the individual the opportunity of imposing upon the offender suitable punishment as
might be enforced. Offenders should be punished because they deserve it.
2. Expiation or Atonement – it is punishment in the form of group vengeance where the purpose is to
appease the offended public or group.
3. Deterrence – punishment gives lesson to the offender by showing to others what would happen to
them if they violate the law. Punishment is imposed to warn potential offenders that they can not
afford to do what the offender has done.
4. Incapacitation and Protection – the public will be protected if the offender has being held in
conditions where he can not harm others especially the public. Punishment is effected by placing
offenders in prison so that society will be ensured from further criminal depredations of criminals.
5. Reformation or Rehabilitation – it is the establishment of the usefulness and responsibility of the
offender. Society’s interest can be better served by helping the prisoner to become law abiding citizen
and productive upon his return to the community by requiring him to undergo intensive program of
rehabilitation in prison.
The Pioneers:
Study Guide in IR 2 – INTEGRATED REVIEW (Forensic 1-6, CDI 1-9, CA 1-3 and CFLM 1 & 2)
Module No. 1
1. Alexander Mocanochie – He is the Superintendent of the penal colony at Norfolk Island in Australia
(1840) who introduced the “Mark System”. A system in which a prisoner is required to earn a number
of marks based on proper department, labor and study in order to entitle him for a ticket for leave or
conditional release which is similar to parole.
2. Manuel Montesimos – The Director of Prisons in Valencia Spain (1835) who devided the number of
prisoners into companies and appointed certain prisoners as petty officers in charge, which allowed
good behavior to prepare the convict for gradual release.
3. Domets of France – established an agricultural colony for delinquent boys in 1839 providing
housefathers as in charge of these boys.
4. Sir Evelyn Ruggles Brise – The Director of the English Prison who opened the Borstal Institution for
young offenders. The Borstal Institution is considered as the best reform institution for young
offenders today.
5. Walter Crofton – He is the Director of the Irish Prison in 1854 who introduced the Irish system that
was modified from the Mocanochie’s mark system.
6. Zebulon Brockway – The Director of the Elmira Reformatory in New York (1876) who introduced
certain innovational programs like the following: training school type - compulsory education of
prisoners - casework methods - extensive use of parole - indeterminate sentence
The Elmira Reformatory is considered forerunner of modern penology because it had all the elements of a
modern system.
The Two Rival Prison System in the History of Correction
Duration of Penalties
1. Death Penalty – Capital punishment
2. Reclusion Perpetua – life imprisonment, a term of 20-40 yrs imprisonment
3. Reclusion Temporal – 12 yrs and 1 day to 20 years imprisonment
4. Prision Mayor – 6 yrs and 1 day to 12 years
5. Prision Correctional – 6 months and 1 day to 6 years
6. Arresto Mayor – 1 month and 1 day to 6 months
7. Arresto Menor – 1 day to 30 days
8. Bond to Keep the Peace – discretionary on the part of the court.
Study Guide in IR 2 – INTEGRATED REVIEW (Forensic 1-6, CDI 1-9, CA 1-3 and CFLM 1 & 2)
Module No. 1
I. Bureau of Corrections
Bureau of Prisons was renamed Bureau of Corrections under Executive Order 292 passed during the
Aquino Administration. It states that the head of the Bureau of Corrections is the Director of Prisons who is
appointed by the President of the Philippines with the confirmation of the Commission of Appointments. The
Bureau of Corrections has general supervision and control of all national prisons or penitentiaries. It is
charged with the safekeeping of all Insular Prisoners confined therein or committed to the custody of the
Bureau.
Coverage of the Bureau of Corrections
PRISON Defined:
o A penitentiary, an institution for the imprisonment (incarceration) of persons convicted of major/
serious crimes.
o A building, usually with cells, or other places established for the purpose of taking safe custody or
confinement of criminals.
o A place of confinement for those for those charged with or convicted of offenses against the laws of
the land.
WHO IS A PRISONER?
o A prisoner is a person who is under the custody of lawful authority. A person, who by reason of his
criminal sentence or by a decision issued by a court, may be deprived of his liberty or freedom.
o A prisoner is any person detained/confined in jail or prison for the commission of a criminal offense or
convicted and serving in a penal institution.
o A person committed to jail or prison by a competent authority for any of the following reasons: To
serve a sentence after conviction – Trial – Investigation –
Study Guide in IR 2 – INTEGRATED REVIEW (Forensic 1-6, CDI 1-9, CA 1-3 and CFLM 1 & 2)
Module No. 1
1. Detention Prisoners – those detained for investigation, preliminary hearing, or awaiting trial. A
detainee in a lock up jail. They are prisoners under the jurisdiction of Courts.
2. Sentenced Prisoners – offenders who are committed to the 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.
3. Prisoners who are on Safekeeping – includes non-criminal offenders who are detained in order to
protect the community against their harmful behavior. Ex. Mentally deranged individuals, insane
person.
Study Guide in IR 2 – INTEGRATED REVIEW (Forensic 1-6, CDI 1-9, CA 1-3 and CFLM 1 & 2)
Module No. 1
WHAT IS A JAIL?
o is a place for locking-up of persons who are convicted of minor offenses or felonies who are
to serve a short sentences imposed upon them by a competent court, or for confinement of
persons who are awaiting trial or investigation of their cases.
Types of Jails:
1. Lock-up Jails
o is a security facility, common to police stations, used for temporary confinement of an individual held
for investigation.
2. Ordinary Jails
o is the type of jail commonly used to detain a convicted criminal offender to serve sentence less than
three years.
3. Workhouses, Jail Farms or Camp
o a facility that houses minimum custody offenders who are serving short sentences or those who are
undergoing constructive work programs. It provides full employment of prisoners, remedial services
and constructive leisure time activities.
1. It is the obligation of jail authorities to confine offenders safely and provide rehabilitative programs that
will negate criminal tendencies and restore their positive values to make them productive and law
abiding citizens.
2. No procedure or system of correction shall deprive any offender of hope for his ultimate return to the
fold of the law and full membership in society.
3. Unless provided otherwise, any person accused of a criminal offense shall be presumed innocent and
his rights, as a free citizen shall be respected, except for such indispensable restraints during his
confinement in the interest of justice and public safety.
4. Offenders are human beings entitled to the same basic rights and privileges enjoyed by citizens in a
free society, except that the exercise of these rights are limited or controlled for security reasons.
5. Health preservation and prompt treatment of illness or injury is a basic right of every person confined
in jail and it is the duty of jail facilities to arrange for their treatment subject to security measures.
6. Members of the custodial force shall set themselves as examples by performing their duties in
accordance with the rules and respect the laws duly constituted by authorities.
7. No jail personnel shall be abusive, insulting, indecent languages on the offenders.
8. No jail personnel shall use unnecessary force on offenders except for legitimate self-defense or in
cases of attempted active and passive physical resistance to a lawful order.
9. No penalty shall be imposed upon any offender for violation of rules/regulations unless in accordance
with duly approved disciplinary procedures.
Study Guide in IR 2 – INTEGRATED REVIEW (Forensic 1-6, CDI 1-9, CA 1-3 and CFLM 1 & 2)
Module No. 1
10. Penalties to be imposed shall not be cruel, inhuman, or degrading, and no physical punishment shall
be employed as a correctional measure.
11. Members of the custodial force must understand that offenders need treatment and counseling and
the primary purpose of confinement is for safekeeping and rehabilitation.
12. When conducting routinary custodial guarding, the ratio of 1:7, or one guard for every 7 offenders
shall be observed.
13. When the offender is in transit, the ratio of 1:1+1 for every offender shall be observed. In case of high-
risk offender that demands extra precaution additional guards shall be employed. This manning level
shall be national in scope for effective jail administration.
A. Powers:
o The Bureau shall exercise supervision and control over all districts, city and municipal jails to ensure a
secured, clean, sanitary and adequately equipped jail for the custody and safekeeping of city and
municipal prisoners, any fugitive from justice or persons detained awaiting investigation or trial and/or
transfer to the National Penitentiary, and any violent, mentally ill person who endangers himself or the
safety of others.
B. Functions:
Inline with its mission, the Bureau endeavors to perform the following:
1. Formulate policies and guidelines on the administration of all districts, city and municipal jails
nationwide;
2. Formulate and implement policies for the programs of correction, rehabilitation and treatment of
offenders;
3. Plan the program funds for the subsistence allowance of offenders;
4. Conduct researches, develop and implement plans and programs for the improvement of jail services
throughout the country.
1. Command Group
- Chief, BJMP
- Deputy C/BJMP
- Chief of Staff
2. Coordinating Staff Groups
- Administrative Division
- Operations Division
- Logistics Division
- Finance Management Division
- Research Plans and Programs Division
- Inspection and Investigation Division
3. Special Staff Groups
- General Services Unit
- Health Services Unit
- Chaplain Services Unit
- Community Services Unit
- Finance Services Unit
- Hearing Office
4. Personal Staff Groups
- Aide-de-Camp
- Intelligence Office
- Public Information Office
Study Guide in IR 2 – INTEGRATED REVIEW (Forensic 1-6, CDI 1-9, CA 1-3 and CFLM 1 & 2)
Module No. 1
- Legal Office
- Adjudication Office
- Internal Audit
Regional Office:
o At the Regional Level, each Region shall have a designated Assistant regional Director for Jail
management and Penology.
Provincial Level:
o In the Provincial Level, there shall be designated a Provincial Jail Administrator to perform the same
functions as the ARDs province wide.
District Office:
o In the District Level, where there are large cities and municipalities, a district jail with subordinate jails,
headed by a District warden may be established as necessary.
A. WARDEN
o Direction, Coordination, and Control of the Jail
o Responsible for the:
* Security, safety, discipline and well being of inmates
The office of the warden may organize the following units:
B. ASSISTANCE WARDEN
o The office of the Assistant Warden undertakes the development of a systematic process of treatment.
C. ADMINISTRATIVE GROUPS
The administrative groups take charge of all administrative functions of the jail bureau.
1. Personnel Management Branch
Assignment of personnel
Study Guide in IR 2 – INTEGRATED REVIEW (Forensic 1-6, CDI 1-9, CA 1-3 and CFLM 1 & 2)
Module No. 1
Procedures of selection
Preparation of personnel reports
Individual record file
2. Records and Statistics Branch
Keep and maintain booking sheets and arrest reports
Keep an orderly record of fingerprints and photographs
Present/ Prepare statistical data of inmates
3. Property and Supply Branch
Take charge of the safekeeping of equipments and supplies and materials needed for the operation of
the jail.
4. Budget and Finance Branch
Take charge of all financial matters such as budgeting, financing, accounting, and auditing.
5. Mess Service Branch
Take charge of the preparation of the daily menu, prepares and cook the food and serve it to inmates.
6. General Service Branch
Responsible for the maintenance and repair of jail facilities and equipments. It is also task with the
cleanliness and beautification of the jail compound.
7. Mittimus Computing Branch
Tasked to receive court decisions and compute the date of the full completion of the service of
sentence of inmates.
Mittimus
is a warrant issued by a court directing the jail or prison authorities to receive the convicted offender
for the service of sentence imposed therein or for detention.
D. SECURITY GROUPS:
o The security groups provides a system of sound custody, security and control of inmates and their
movements and also responsible to enforce prison or jail discipline.
1. Escort Platoon
a) Escort Section – to escort inmate upon order of any judicial body; upon summon of a court; or transfer
to other penal institutions.
b) Subpoena Section – receives and distribute court summons,notices, subpoenas, etc.
2. Security Platoon
o a three (3) working platoon shifts responsible for over all security of the jail compound including gates,
guard posts and towers. They are also responsible for the admitting and releasing unit.
Study Guide in IR 2 – INTEGRATED REVIEW (Forensic 1-6, CDI 1-9, CA 1-3 and CFLM 1 & 2)
Module No. 1
It is composed of the following staff members:
1. The Psychiatrist – responsible in the examination of the prisoner’s mental and emotional make-up.
2. The Psychologist – responsible to conduct study on the character and behavior of the prisoners.
3. The Sociologist – study the social case situation of the individual prisoner.
4. The Educational Counselor – conducts orientation classes in order to change inmates’ attitude towards
education and recommends educational program for the prisoner.
5. The Vocational Counselor – to test the prisoner’s special abilities, interest and skills and recommends
for the vocational course best suited to the prisoner.
6. The Chaplain – encourage the prisoner to participate in religious activities.
7. The Medical Officer – conducts physical examination and recommends medical treatment of prisoners.
8. Custodial-Correctional Officer – recommends the transfer and type of custody of inmates.
examination including blood test, x-rays, vaccinations and immunity. This is for the purpose of insuring that
the prisoner is not suffering from any contagious disease, which might be transferred to the prison population.
o the receiving officer checks the commitment papers if they are in order. That is, if they contain the
signature of the judge or the signature of the clerk of court, and the seal of the court.
3. IDENTIFICATION
o the prisoner’s identity is established through the picture and fingerprint appearing in the commitment
order. This is to insure that the person being committed is the same as the person being named in the
commitment order.
4. SEARCHING
o this step involves the frisking of the prisoner and searching his personal things. Weapons and other
items classified as contraband are confiscated and deposited to the property custodian. Other
properties are deposited with the trust fund officer under recording and receipts.
5. BRIEFING AND ORIENTATION
o prisoner will be brief and oriented on the rules and regulations of the prison before he will be assigned
to the RDC or the quarantine unit.
THE TREATMNENT PROGRAMS
Study Guide in IR 2 – INTEGRATED REVIEW (Forensic 1-6, CDI 1-9, CA 1-3 and CFLM 1 & 2)
Module No. 1
Forms of Community-Based Programs
1. PROBATION
o It is a disposition whereby a defendant, after conviction of an offense, the penalty of which does not
exceed 6 years of imprisonment, is released subject to the conditions imposed by the releasing court
and under the supervision of a probation officer.
o Probation is a substitute for imprisonment, the probationer is compared to an out-patient, a sick
person who does not need to be hospitalized because his illness is considered less serious.
Presidential Decree 968 otherwise known as the “Philippine Probation Law” approved and took effect on July
24, 1976. Section 18, PD 968 as amended states the creation of Probation Administration under the DOJ,
2. PAROLE
o Parole is the process of suspending the sentence of a convict after having served the minimum of his
sentence without granting him pardon, and prescribing the terms upon which the sentence shall be
suspended. (Cirilo Tradio).
o It is a decision by an authority constituted accordingly by statute to determine the portion of the
sentence, which the inmate can complete outside of the institution. It is the status of serving the
remainder of the sentence of a convict in the community in accordance with the rules and regulations
set-up by the Board of Parole. (Correctional and Parole Administration).
o Parole is not a reward per se for good behavior but rather, it is a follow-up of his institutional program.
o Parole is not claimed as a right but it is granted by the Board as a privilege to a qualified prisoner.
3. CONDITIONAL PARDON
o Conditional pardon serves the purpose of releasing, through executive clemency, a prisoner who is
already reformed or rehabilitated but who can not be paroled because the parole law does not apply
to him.
Parole Probation
An administrative function exercised It is a judicial function by the executive branch
of government
Study Guide in IR 2 – INTEGRATED REVIEW (Forensic 1-6, CDI 1-9, CA 1-3 and CFLM 1 & 2)
Module No. 1
Commutation
an act of the president changing/ reducing a heavier sentence to a lighter one or a longer term into a
shorter term. It may alter death sentence to life sentence or life sentence to a term of years. It does
not forgive the offender but merely to reduce the penalty pronounced by the court.
Reprieve
a temporary stay of the execution of sentence especially the execution of the Death Sentence.
Generally, reprieve is extended to prisoners sentenced to death. The date of execution of sentenced
is set back several days to enable the Chief to study the petition of the condemned man for
commutation of sentenced or pardon.
Pardon
an act of grace extended to prisoners as a matter of right, vested to the Chief Executive (The
President) as a matter of power.
Pardon
includes any crime and is exercised individually by the President.
It is exercised when the person is already convicted.
It looks forward and forgives the offender from the consequences of an offense of which he has been
convicted, that is it abolishes or forgives the punishment.
Amnesty
a general pardon extended to a class of persons or community who may be guilty of political offenses.
It may be exercised even before trial or investigation.
It looks backward and puts into oblivion the crime that has been committed.
It is proclamated by the President with the concurrence of congress.
Study Guide in IR 2 – INTEGRATED REVIEW (Forensic 1-6, CDI 1-9, CA 1-3 and CFLM 1 & 2)
Module No. 1
Classification is a method by which diagnosis, treatment planning and execution of the treatment
programs are coordinated in the individual case study. It is a process of determining the needs and
requirement of prisoners for assigning them to programs according to their needs and existing
resources.
Prison Discipline
is the state of good order and behavior. It includes maintenance of good standards of works,
sanitation, safety, education, health and recreation. It aims at self-reliance, self control, self respect
and self discipline.
Preventive Discipline
is the prompt correction of minor deviations committed by prisoners before they become serious
violations.
Control
It involves supervision of prisoners to ensure punctual and orderly movement from one place work
program or assignment to another.
Custody
is the guarding or penal safekeeping, it involves security measures to insure security and control with
in the prison. The Prison Custodial Division carries it out.
Study Guide in IR 2 – INTEGRATED REVIEW (Forensic 1-6, CDI 1-9, CA 1-3 and CFLM 1 & 2)
Module No. 1
b) 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)
Delaying Release
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.
Study Guide in IR 2 – INTEGRATED REVIEW (Forensic 1-6, CDI 1-9, CA 1-3 and CFLM 1 & 2)
Module No. 1
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
Infidelity of Public Officers
1. Infidelity in the Custody of Prisoners through Connivance (Art.223, RPC) A felony committed by any
public officer who shall consent to the escape of a prisoner in his custody or charge.
2. Infidelity in the Custody of Prisoners through Negligence (Art. 224, RPC) A felony committed by a public
officer when the prisoner under his custody or charge escaped through negligence on his part.
3. Escape of a Prisoner under the Custody of a Person not a Public Officer. (Art 225, RPC)
Study Guide in IR 2 – INTEGRATED REVIEW (Forensic 1-6, CDI 1-9, CA 1-3 and CFLM 1 & 2)
Module No. 1
1. Age of Reformation – replace corporal punishment, exile, and physical disfigurement with the penitentiary.
2. Age or Rehabilitation – assumed that criminals were handicapped persons suffering from mental or
emotional deficiencies. Under this, individual therapy aimed at healing these personal maladjustment,
because the preferred style.
3. Age of Reintegration – society become the “patient” 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
which regulates his opportunities to achieve his goals.
DIVERSION
o This is a formally acknowledged and organized effort to utilized alternative to initial or continued
processing into the justice system. In terms of processing, diversion implies halting or suspending
formal criminal proceeding against a person who has violated a statute, in favor of processing through
a non-criminal disposition or means. Diversionary tactics are aimed at keeping people out of the
criminal justice system and particularly out of its institutional components.
ORIGIN OF DIVERSION
Informal Diversion has occurred since the birth of the criminal justice system, but with only unofficial
recognition. The wide exercise of discretion by police officers, particularly in the diversionary handling of
juveniles, is a case in points. In fact, informal diversion occurs at every stage of the criminal justice
processing. The prosecuting attorney diverts when he declines to prosecute prosecutable offenses. The court
diverts when it avoids imposing a more severe disposition, opting for a lesser or suspended sentences.
Probation is diversion epitomized.
1. Influences which have paved the Way for Diversion.
a. The insufficiency of the criminal justice system.
b. The desire of the citizen to become actively involved in the system’s working.
c. Recognition of the fact that crime is actually spawned in the community.
2. Other Factors to which Contributed to the Development of Diversion;
a. The fact that the stigma or incarceration might be avoided.
b. Professional and economic opportunities would not be denied to the convicted person
c. Less serious offenses might be more appropriately handled by some other type of agency.
d. Recidivism would be reduced by lessened opportunity for criminal contagion which is
inevitablypresent in the penal institution.
NOTE:
Diversion should be entertained only for those offenders whose behavior can be effectively dealt with
in the community for the more hardened criminals, especially those who had inflicted a serious degree
of injury or death, or for individuals whose psychotic or unmanageable behavior acquires the security
of custody, institutionalization is required.
3. Criteria for Screening person Eligible for Diversion
a. Relative youth of the offender.
b. Victim’s willingness to forego conviction
c. Mental or emotional impairment for which treatment is available in the community
d. Crime being significantly related to a factor, such as employment or family problems, that can be
remedied 1- the community.
4. Guidelines for Screening
It is important that the agencies operating diversion programs clearly spell out the selection and
operational criteria since there is no standard criterion for diversion yet. The diversion program should
also be administered by the criminal justice component directly concerned, such as the police, the
prosecutor, and the courts. Diversion should not be contemplated where criminal behavior has not
occurred, because it is alternative mode of handling those who have violated criminal statute.
5. Advantages of Diversion
a. It contributes to decriminalization by reducing involvement in institutional aspects of corrections;
b. It will prevent social stigma – Criminal record is a serious impediment to rehabilitation.
c. It will prevent collapse of the criminal justice system. This is because few are actually prosecuted
which may result to the loss of faith by the citizen in the system.
d. It offers an alternative to the counter – productive practice of incarceration – aside from being
costly, prison cannot check recidivism.
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e. It enables the community resources to be more widely employed in the correctional behavior.
6. Disadvantages of Diversion
a. Diversion by the court gives a dangerous degree of discretion to the judiciary since there are no
established guidelines.
b. It could be subverted by individuals in the system to serve purely personal objectives.
c. The possibility of screening out serious offenders instead of the lesser offenders from whom
diversion is more appropriate.
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1. Release on Own Recognizance – is the release without bail or without supervision where defendant are
put on their honor to report when schedule.
2. Unsecured Bail – Permits release without either a deposit or bail arranged through a bondsman; and
differs from ROR only in that defendants is obligated to pay the established fee upon default.
3. Third Party Release – This is one where a relative, friend, employer, volunteer, or even social agency is
given the responsibility for the defendant/s appearance in court. If a social agency is given the responsibility,
various conditions, including supervision, are usually involved.
4. Conditional Release – The defendant generally must agree to certain conditions in addition to the court
appearance, like remaining with in a defined geographical area, etc., and is usually associated with third-party
or supervised release, rarely use by itself.
5. Monitored OR – Recognizance release and minimal supervision are the components or this program,
where the defendant must keep the pre-trial release program officer advised of his address and continued
presence in the community by phone calls that prescribed intervals.
1. Privately Secured Bail – A private organization provides bail for the indigent defendants who meet the
agency/s eligibility requirements, and provides services similar to those of a professional bondsman, but no
cost to the bailed.
2. Percentage Bail – is a publicly managed bail program under which the offender deposits a percentage of
bail amount, usually (10%) percent, with the court clerk, when defendant appears in court, ninety percent
(90%) of that original ten percent is refunded.
3. Fully Secured Bail – the defendant his or her family, or professional bondsmen puts up the security.
Bondsmen may require collateral so that they take little risk. If a defendant absconds, the bondsman usually
pursues with warrant and brings the defendant back.
4. Cash Bail – is demanded when the charge is not serious and the scheduled bail is low.
5. Supervised Release –Involves more frequent contact with a program officer, including phone calls and
meetings, than monitored OR, usually for the purpose of enforcing the conditions imposed.
5. Supervised Pre-Trial Work Release – Permits only partial release, although permitted to participate in a
work release program during the day, the defendant is this confined in jail.
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commensurate with that of an individual of the same age in the community). The community and its resources
are heavily utilized. Students from junior colleges are employed as counselors, and paraprofessionals are
used. The public schools are involved, as are the traditional agencies such as Mental Health and Department
of Vocational Rehabilitation. The services provided by community agencies are not duplicated in the center. In
this way, the community and its resources are the sustaining force of the program, and therefore the
community actually runs the program. A sixty-five-member advisory committee brings legal, financial,
employment, and preventive expertise the projects; no vital area is left uncovered.
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(b) provide an opportunity for the reformation of a penitent offender which might be less probable if he
were to serve a prison sentence; and
(c) prevent the commission of offenses.
Section 3. Meaning of Terms. As used in this Decree, the following shall, unless the context otherwise
requires, be construed thus:
(a) "Probation" is a disposition under which a defendant, after conviction and sentence, is released
subject to conditions imposed by the court and to the supervision of a probation officer .
(b) "Probationer" means a person placed on probation.
(c) "Probation Officer" means one who investigates for the court a referral for probation or supervises
a probationer or both.
Section 4. Grant of Probation. Subject to the provisions of this Decree, the court may, after it shall have
convicted and sentenced a defendant and upon application at any time of said defendant, suspend the
execution of said sentence and place the defendant on probation for such period and upon such terms and
conditions as it may deem best.
Probation may be granted whether the sentence imposes a term of imprisonment or a fine only. An application
for probation shall be filed with the trial court, with notice to the appellate court if an appeal has been taken
from the sentence of conviction. The filing of the application shall be deemed a waver of the right to appeal ,
or the automatic withdrawal of a pending appeal.
An order granting or denying probation shall not be appealable.
Section 5. Post-sentence Investigation. No person shall be placed on probation except upon prior
investigation by the probation officer and a determination by the court that the ends of justice and the best
interest of the public as well as that of the defendant will be served thereby.
Section 6. Form of Investigation Report . The investigation report to be submitted by the probation officer
under Section 5 hereof shall be in the form prescribed by the Probation Administrator and approved by the
Secretary of Justice.
Section 7. Period for Submission of Investigation Report. The probation officer shall submit to the court the
investigation report on a defendant not later than sixty days from receipt of the order of said court to conduct
the investigation. The court shall resolve the petition for probation not later than five days after receipt of said
report.
Pending submission of the investigation report and the resolution of the petition, the defendant may be
allowed on temporary liberty under his bail filed in the criminal case; Provided, That, in case where no bail
was filed or that the defendant is incapable of filing one, the court may allow the release of the defendant on
recognize the custody of a responsible member of the community who shall guarantee his appearance
whenever required by the court.
Section 8. Criteria for Placing an Offender on Probation. In determining whether an offender may be placed
on probation, the court shall consider all information relative, to the character, antecedents, environment,
mental and physical condition of the offender, and available institutional and community resources . Probation
shall be denied if the court finds that:
(a) the offender is in need of correctional treatment that can be provided most effectively by his
commitment to an institution; or
(b) there is undue risk that during the period of probation the offender will commit another crime; or
(c) probation will depreciate the seriousness of the offense committed.
Section 9. Disqualified Offenders. The benefits of this Decree shall not be extended to those:
(a) sentenced to serve a maximum term of imprisonment of more than six years;
(b) convicted of any offense against the security of the State;
(c) who have previously been convicted by final judgment of an offense punished by imprisonment of
not less than one month and one day and/or a fine of not less than Two Hundred Pesos;
(d) who have been once on probation under the provisions of this Decree; and
(e) who are already serving sentence at the time the substantive provisions of this Decree became
applicable pursuant to Section 33 hereof.
Section 10. Conditions of Probation. Every probation order issued by the court shall contain conditions
requiring that the probationer shall:
(a) present himself to the probation officer designated to undertake his supervision at such place as
may be specified in the order within seventy-two hours from receipt of said order;
(b) report to the probation officer at least once a month at such time and place as specified by said
officer.
The court may also require the probationer to:
(a) cooperate with a program of supervision;
(b) meet his family responsibilities;
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(c) devote himself to a specific employment and not to change said employment without the prior
written approval of the probation officer;
(d) undergo medical, psychological or psychiatric examination and treatment and enter and remain in
a specified institution, when required for that purpose;
(e) pursue a prescribed secular study or vocational training ;
(f) attend or reside in a facility established for instruction, recreation or residence of persons on
probation;
(g) refrain from visiting houses of ill-repute;
(h) abstain from drinking intoxicating beverages to excess;
(i) permit to probation officer or an authorized social worker to visit his home and place or work;
(j) reside at premises approved by it and not to change his residence without its prior written approval;
or
(k) satisfy any other condition related to the rehabilitation of the defendant and not unduly restrictive of
his liberty or incompatible with his freedom of conscience.
Section 11. Effectivity of Probation Order. A probation order shall take effect upon its issuance, at which time
the court shall inform the offender of the consequences thereof and explain that upon his failure to comply
with any of the conditions prescribed in the said order or his commission of another offense, he shall serve the
penalty imposed for the offense under which he was placed on probation.
Section 12. Modification of Condition of Probation. During the period of probation, the court may, upon
application of either the probationer or the probation officer, revise or modify the conditions or period of
probation. The court shall notify either the probationer or the probation officer of the filing such an application
so as to give both parties an opportunity to be heard thereon.
The court shall inform in writing the probation officer and the probationer of any change in the period or
conditions of probation.
Section 13. Control and Supervision of Probationer. The probationer and his probation program shall be
under the control of the court who placed him on probation subject to actual supervision and visitation by a
probation officer.
Whenever a probationer is permitted to reside in a place under the jurisdiction of another court, control over
him shall be transferred to the Executive Judge of the Court of First Instance of that place, and in such a case,
a copy of the probation order, the investigation report and other pertinent records shall be furnished said
Executive Judge. Thereafter, the Executive Judge to whom jurisdiction over the probationer is transferred
shall have the power with respect to him that was previously possessed by the court which granted the
probation.
Section 14. Period of Probation.
(a) The period of probation of a defendant sentenced to a term of imprisonment of not more than one
year shall not exceed two years, and in all other cases, said period shall not exceed six years.
(b) When the sentence imposes a fine only and the offender is made to serve subsidiary
imprisonment in case of insolvency, the period of probation shall not be less than nor to be more than
twice the total number of days of subsidiary imprisonment as computed at the rate established, in
Article thirty-nine of the Revised Penal Code, as amended.
Section 15. Arrest of Probationer; Subsequent Disposition. At any time during probation, the court may issue
a warrant for the arrest of a probationer for violation of any of the conditions of probation. The probationer,
once arrested and detained, shall immediately be brought before the court for a hearing, which may be
informal and summary, of the violation charged. The defendant may be admitted to bail pending such hearing.
In such a case, the provisions regarding release on bail of persons charged with a crime shall be applicable to
probationers arrested under this provision. If the violation is established, the court may revoke or continue his
probation and modify the conditions thereof. If revoked, the court shall order the probationer to serve the
sentence originally imposed. An order revoking the grant of probation or modifying the terms and conditions
thereof shall not be appealable.
Section 16. Termination of Probation. After the period of probation and upon consideration of the report and
recommendation of the probation officer, the court may order the final discharge of the probationer upon
finding that he has fulfilled the terms and conditions of his probation and thereupon the case is deemed
terminated.
The final discharge of the probationer shall operate to restore to him all civil rights lost or suspend as a result
of his conviction and to fully discharge his liability for any fine imposed as to the offense for which probation
was granted.
The probationer and the probation officer shall each be furnished with a copy of such order.
Section 17. Confidentiality of Records. The investigation report and the supervision history of a probationer
obtained under this Decree shall be privileged and shall not be disclosed directly or indirectly to anyone other
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than the Probation Administration or the court concerned, except that the court, in its discretion, may permit
the probationer of his attorney to inspect the aforementioned documents or parts thereof whenever the best
interest of the probationer make such disclosure desirable or helpful: Provided, Further, That, any government
office or agency engaged in the correction or rehabilitation of offenders may, if necessary, obtain copies of
said documents for its official use from the proper court or the Administration.
Section 18. The Probation Administration. There is hereby created under the Department of Justice an
agency to be known as the Probation Administration herein referred to as the Administration, which shall
exercise general supervision over all probationers.
The Administration shall have such staff, operating units and personnel as may be necessary for the proper
execution of its functions.
Section 19. Probation Administration. The Administration shall be headed by the Probation Administrator,
hereinafter referred to as the Administrator, who shall be appointed by the President of the Philippines. He
shall hold office during good behavior and shall not be removed except for cause.
The Administrator shall receive an annual salary of at least forty thousand pesos. His powers and duties shall
be to:
(a) act as the executive officer of the Administration;
(b) exercise supervision and control over all probation officers;
(c) make annual reports to the Secretary of Justice, in such form as the latter may prescribe,
concerning the operation, administration and improvement of the probation system;
(d) promulgate, subject to the approval of the Secretary of Justice, the necessary rules relative to the
methods and procedures of the probation process;
(e) recommend to the Secretary of Justice the appointment of the subordinate personnel of his
Administration and other offices established in this Decree; and
(f) generally, perform such duties and exercise such powers as may be necessary or incidental to
achieve the objectives of this Decree.
Section 20. Assistant Probation Administrator. There shall be an Assistant Probation Administrator who shall
assist the Administrator perform such duties as may be assigned to him by the latter and as may be provided
by law. In the absence of the Administrator, he shall act as head of the Administration.
He shall be appointed by the President of the Philippines and shall receive an annual salary of at least thirty-
six thousand pesos.
Section 21. Qualifications of the Administrator and Assistant Probation Administrator. To be eligible for
Appointment as Administrator or Assistant Probation Administrator, a person must be at least thirty-five years
of age, holder of a master's degree or its equivalent in either criminology, social work, corrections, penology,
psychology, sociology, public administration, law, police science, police administration, or related fields, and
should have at least five years of supervisory experience, or be a member of the Philippine Bar with at least
seven years of supervisory experience.
Section 22. Regional Office; Regional Probation Officer. The Administration shall have regional offices
organized in accordance with the field service area patterns established under the Integrated Reorganization
Plan.
Such regional offices shall be headed by a Regional Probation Officer who shall be appointed by President of
the Philippines in accordance with the Integrated Reorganization Plan and upon the recommendation of the
Secretary of Justice.
The Regional Probation Officer shall exercise supervision and control over all probation officer within his
jurisdiction and such duties as may assigned to him by the Administrator. He shall have an annual salary of at
least twenty-four thousand pesos.
He shall, whenever necessary, be assisted by an Assistant Regional Probation Officer who shall also be
appointed by the President of the Philippines, upon recommendation of the Secretary of Justice, with an
annual salary of at least twenty thousand pesos.
Section 23. Provincial and City Probation Officers. There shall be at least one probation officer in each
province and city who shall be appointed by the Secretary of Justice upon recommendation of the
Administrator and in accordance with civil service law and rules.
The Provincial or City Probation Officer shall receive an annual salary of at least eighteen thousand four
hundred pesos.
His duties shall be to:
(a) investigate all persons referred to him for investigation by the proper court or the Administrator;
(b) instruct all probationers under his supervision of that of the probation aide on the terms and
conditions of their probations;
(c) keep himself informed of the conduct and condition of probationers under his charge and use all
suitable methods to bring about an improvement in their conduct and conditions;
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(d) maintain a detailed record of his work and submit such written reports as may be required by the
Administration or the court having jurisdiction over the probationer under his supervision;
(e) prepare a list of qualified residents of the province or city where he is assigned who are willing to
act as probation aides;
(f) supervise the training of probation aides and oversee the latter's supervision of probationers;
(g) exercise supervision and control over all field assistants, probation aides and other personnel; and
(h) perform such duties as may be assigned by the court or the Administration.
Section 24. Miscellaneous Powers of Provincial and City Probation Officers. Provincial or City Probation
Officers shall have the authority within their territorial jurisdiction to administer oaths and acknowledgments
and to take depositions in connection with their duties and functions under this Decree. They shall also have,
with respect to probationers under their care, the powers of police officer.
Section 25. Qualifications of Regional, Assistant Regional, Provincial, and City Probation Officers. No person
shall be appointed Regional or Assistant Regional or Provincial or City Probation Officer unless he possesses
at least a bachelor's degree with a major in social work, sociology, psychology, criminology, penology,
corrections, police science, administration, or related fields and has at least three years of experience in work
requiring any of the abovementioned disciplines, or is a member of the Philippine Bar with at least three years
of supervisory experience.
Whenever practicable, the Provincial or City Probation Officer shall be appointed from among qualified
residents of the province or city where he will be assigned to work.
Section 26. Organization. Within twelve months from the approval of this Decree, the Secretary of Justice
shall organize the administrative structure of the Administration and the other agencies created herein. During
said period, he shall also determine the staffing patterns of the regional, provincial and city probation offices
with the end in view of achieving maximum efficiency and economy in the operations of the probation system.
Section 27. Field Assistants, Subordinate Personnel, Provincial or City Probation Officers shall be assisted by
such field assistants and subordinate personnel as may be necessary to enable them to carry out their duties
effectively.
Section 28. Probation Aides. To assist the Provincial or City Probation Officers in the supervision of
probationers, the Probation Administrator may appoint citizens of good repute and probity to act as probation
aides.
Probation Aides shall not receive any regular compensation for services except for reasonable travel
allowance. They shall hold office for such period as may be determined by the Probation Administrator. Their
qualifications and maximum case loads shall be provided in the rules promulgated pursuant to this Decree.
Section 29. Violation of Confidential Nature of Probation Records. The penalty of imprisonment ranging from
six months and one day to six years and a fine ranging from hundred to six thousand pesos shall be imposed
upon any person who violates Section 17 hereof.
Section 30. Appropriations. There is hereby authorized the appropriation of the sum of Six Million Five
Hundred Thousand Pesos or so much as may be necessary, out of any funds in the National Treasury not
otherwise appropriated, to carry out the purposes of this Decree. Thereafter, the amount of at least Ten Million
Five Hundred Thousand Pesos or so much as may be necessary shall be included in the annual
appropriations of the national government.
Section 31. Repealing Clause. All provisions of existing laws, orders and regulations contrary to or
inconsistent with this Decree are hereby repealed or modified accordingly.
Section 32. Separability of Provisions. If any part, section or provision of this Decree shall be held invalid or
unconstitutional, no other parts, sections or provisions hereof shall be affected thereby.
Section 33. Effectivity. This Decree shall take effect upon its approval: Provided, However, That, the
application of its substantive provisions concerning the grant of probation shall only take effect twelve months
after the certification by the Secretary of Justice to the Chief Justice of the Supreme Court that the
administrative structure of the Probation Administration and of the other agencies has been organized.
CORRECTION – The branch of the administration of Criminal Justice charged with the responsibility for the
custody, supervision and rehabilitation of convicted offenders. The dual purposes of Correction are: (1) to
punish and (2) to rehabilitate the offender.
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2. Non-institutionalized Correction (Community-Based Correction) – Refers to correctional activities that
may take place within the community. They are in the forms of Probation, Parole, Conditional Pardon,
Community works. Concept: Community-based corrections include all correctional activities that take
place in the community. It embraces any correctional activity in the community that directly addressed to
the offender and aimed at helping him to become a law-abiding citizen.
FORERUNNERS OF PROBATION:
Probation was first legally established in the United States, but to trace its origins, it is important to
know the earlier schemes for humanizing criminal justice under the common law of England. These
procedures were found in the laws and customs of England and were adopted by the colonists who settled in
the eastern shores of United States. Probation as a practice is believed to have been the product of the
following olden practices.
Benefits of the Clergy - Dating back to the reign of HENRY III the 13th century. it originated in a
compromise with the church which had maintained that a member of the clergy brought to trial in a king's
court might be claimed by the bishop or chaplain representing him on the ground that the prisoner was
subject to the authority of the ecclesiastical court only.
Judicial Reprieve – Judicial reprieve is a device of modifying the severity of the law, by temporary
suspension of the sentence. This practice was much used by the early English judges and grew up at a
time when new trials or appeals to another court were impossible under the common law, but it continued
in use thereafter. Early in the 17 th century with the establishment of settlement in America, English Courts
began to grant reprieves to prisoners under sentence of death on condition that they accept
DEPORTATION.
The earliest recorded use of recognizance in the United States occurred in 1830 in a
Massachusetts courtroom in the case of the COMMONWEALT VS. CHASE. Presiding Judge
OXENBRIDGE THATCHER of the Municipal Court of Boston set forth the nature of recognizance:
FOUNDERS OF PROBATION:
2. MATTHEW DAVENPORT HILL (Birmingham, England) – An English Lawyer who had introduced the
practice of suspending sentence and releasing the offender under supervision in England. He was later
called the “Father of Probation in England”.
3. TEODULO C. NATIVIDAD – Co-sponsored house bill no. 393 entitled “An Act Establishing Probation in
the Philippines: Providing probation Officers therefore and for Other Purposes.” He is known as the
“Father of Probation in the Philippine”. -
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While the theory of probation can be traced to the long standing custom of the ANGLOI-AMERICAN
COURTS to suspend judgment in certain cases, In PRACTICE it originated it in 184. When JOHN
AUGUSTUS, A BOSTON shoemaker, was interceding with courts to suspend the sentence of youthful
offenders and alcoholics and AGREED TO SUPERVISE THE BEHAVIOR OF THESE OFFENDSER IN LIEU
OF PRISON TERM placing them in his charge. By the time he died
in 1859, he had made himself responsible for nearly 2000 persons.
At about 1870, FATHER COOK, also of Boston, became interested in youth who were tried before in
courts in and whose cases were due to circumstances rather than character. After investigating each case
and finding the offender not too hardened and still susceptible to reform, he made himself available to the
court as adviser to these offenders. Judges realize the importance of his work in reform of the young
criminals so that they placed convicted young offenders under his charge in 1878.
the first probation law was passed by the legislature of Massachusetts and signed into law by
GOVERNOR ALEXANDER B. RICE on April 26, 1878. the first statute provided for a paid probation officer for
adult offenders. and it provided for the appointment and prescribed the duties of a salaried or paid probation
officers for the courts.
EDWARD H. SAVAGE, an Ex-chief of police of Boston, was named probation officer, thus becoming
the first probation officer employed by the government or first paid probation officer. In 1891, Massachusetts
was followed by other states. March 4, 1925, all but six of the states in the United States, the district of
Colombia and federal government had probation. The federal probation act of 1925 became law on March 04,
1925. it was signed into law by PRESIDENT CALVIN COOLIDGE.
SURSIS (1888-1891) A unique probation method was introduced in France and Belgium which provided a
probation with no supervision on the condition that no further offense will be committed within a prescribed
period.
Presidential Decree 968 which established a probation system as a less costly alternative to the
imprisonment of offenders who are likely to respond to individualized, community-based treatment programs
is the second legislation that enforces a probation system in the country. The first legislation was ACT NO.
4221 enacted by the Probation Officer under the Department of Justice, Led by a Chief Probation Officer
appointed by the American Governor General with the advice and consent of the U.S. SENATE. However,
because of some defects in the law Act No. 4221 was declared unconstitutional on November 16, 1937 in the
case of People vs. Vera (37 O.G. 164) ,for undue delegation of legislative power.
In PEOPLE VS. VERA 37 O.G. 164). The constitutionality of the probation law (act no. 4221) was
challenged on three (3) grounds:
1. That said act encroaches upon the pardoning power of the chief executive/president:
2. That it constitutes an undue delegation of legislative power; and
3. That it denies the equal protection of laws.
The supreme court in declaring act no. 4221 unconstitutional on November 16, 1937, held that the act
was a surrender of legislative power to the provincial boards for its application was left to their determination
in providing for the salary appropriation and also on the ground that not all provinces could afford financially to
implement probation consonant with the equal protection of law. It was considered class legislation. Under this
law probation existed only in cities and municipalities which were given appropriations for said purpose by
legislature. The first probation act stayed in the statute books for only two (2) years. the ill-fated act was not
repugnant to the 1935 constitution per se it was only the procedural framework that was antagonistic with the
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constitution charter.
In 1966, HOUSE BILL NO. 393 Sponsored by then Congressman TEODULO C. NATIVIDAD and
RAMON BAGATSING tried to revive the Probation System but did not pass Congress.
PRESIDENTIAL DECREE NO. 603, otherwise known as the CHILD AND YOUTH WELFARE CODE
was passed to avail, PROBATION TO MINOR OFFENDERS. It amended Article 80 of the Revise Penal Code
by raising the age of minority to under 21 years of age at the time of the commission of the offense.
The turning point of the Probation law came in the late 1974 when the National Defense Secretary
JUAN PONCE ENRILE as concurrent chairman of NAPOLCOM created the Inter-Disciplinary Committee on
crime Prevention chaired by then commissioner TEODULO C. NATIVIDAD.
After many hearing and extensive consultations the draft decree was presented to a selected group of
369 jurist, penologist, civic leaders and Social and Behavioral Scientist and practitioners. These selected
group overwhelmingly endorsed the establishment of an ADULT PROBATION SYSTEM in the country.
Based on said endorsement, on July 24 1976, PRESIDENTIAL DECREE NO. 968, Otherwise known
as the ADULT PROBATION LAW OF 1976, was signed into law by then PRESIDENT FERDINAND E.
MARCOS. P.D. NO. 968 establish the PROBATION ADMINISTRATION UNDER THE DEPARTMENT OF
JUSTICE (DOJ). P.D. NO. 968 seeks to afford adult offenders what others like drug addicts and youth are
already enjoying under existing laws and what offenders in other countries have long been entitled to.
On November 1989 a new administration code transferred the function of supervising parole and
pardoned officers from trial courts to the probation administration. The code also changed the name of the
agency to Parole and Probation Administration (PPA) in order to reflect the changed made by said law. in
1991, the PPA was assigned the new tasked of conducting pre-parole and executive clemency investigations
in all city and provincial jails and preparing pre-parole reports for the board of pardons and parole.
AT PRESENT, Some Bills filed in Congress to extend the coverage of the Probation Law to include
offenders sentenced to twelve (12) years imprisonment instead of the present ceiling of six (6) years. There
are also move to amend or repeal P.D. No. 1990 which provides that an application for probation shall no
longer be entertained or granted if the convicted offender has appealed against conviction.
Presidential Decree 968 – The Probation Law of 1976. Also known as the “Adult Probation Law”.
PROBATION – Probation as a term and as a procedure is derived from the Latin word “PROBARE” meaning
to PRAVE. Therefore, as the term Latin Etymology states, probation involves the testing of an offender and
proving that he's worth of his freedom. It is a procedure whereby the sentence of an offender is suspended,
while he is permitted to remain in the community, subject to the control of the court and under the supervision
and guidance of probation officers. A disposition under which a defendant, after conviction and sentence, is
released subject to conditions imposed by the court and to the supervision of probation officers.
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PROBATION OFFICER – It means one who investigates for the court a referral for probation or supervises a
probationer or both; and performs other related duties as directed.
PURPOSE OF PROBATION
1. To promote the correction and rehabilitation of an offender by providing him with individualized
(personalized), community based treatment.
2. To provide an opportunity for his reformation and reintegration into the community; and
3. To prevent the commission of offenses.
GRANT OF PROBATION
Probation is a PRIVILEGE and, as such, its grant rest solely upon the DISCRETION of the court. The
grant of probation results in the release of the petitioner subject to the terms and conditions imposed by the
court and to the supervision of Probation Office.
In TOLENTINO VS. JUDGE ALCONCEL – It was held: “that probation is a mere privilege and its
grant rest solely upon discretion of the court and is privilege for the benefit of society and only
incidentally for the benefit of the accused.”
In BACLAYON VS. MUTIA – The SC held that “An order placing defendant on “ probation” is NOT a “
sentence” but is rather in effect a suspension of the impossible of sentence. It is not a final judgment
but is rather an “interlocutory judgment” in the nature of a conditional order placing the convicted
defendant under the supervision of the court for his reformation, to be followed by a final judgment of
discharge, if the conditions of the probation are complied with, or by a final judgment of sentence if
the conditions are violated.
ARE ALL CONVITED PERSONS WHO ARE NOT DISQUALIFIED ENTITLED TO PROBATION
AUTOMATICALLY?
NO. The court will not grant probation if after investigation conducted by the probation officer, it finds
that:
1. The offender can be treated better in an institution or other places for correction;
2. The offender is a risk to the community;
3. Probation will depreciate the gravity of the offense.
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DISQUALIFIED OFFENDERS FOR PROBATION:
1. Those sentenced to serve a MAXIMUM TERM of imprisonment of MORE THAN SIX (6) YEARS;
2. Those convicted of SUBVERSION or any CRIME AGAINST THE NATIONAL SECURITY OR PUBLIC
ORDER
3. Those who were previously convicted by final judgment of an offense punished by imprisonment of
NOT LESS THAN ONE MONTH AND ONE DAY and/or FINE OF NOT LESS THAN TWO HUNDRED
PESOS ( P200.00 );
4. Those who have been ONCE on probation under the provisions of P.D. No. 968, as amended
5. Those who are already serving sentence at the time the substantive provision of the decree became
applicable pursuant to section 33 of PD 968. ( As amended by BP Blg. 76 and PD 1990, Oct. 5,
1985)
OBJECTIVES OF PROBATION
The Supreme Court declared that as probation provides a period of grace in order to aid in the
rehabilitation of penitent offender, taking advantage of an opportunity for reformation and thereby abort their
development into hardened criminals, the welfare of society which is its chief aim would be enhance. In this
regard, the SC stressed that the benefit of probation to the individual convicts is MERLY INCIDENTAL. As
presently enacted into PD 968 as amended, the objectives of probation are as follows:
1. Promote the correction and rehabilitation of an offender by providing him with individualized
treatment:
2. Provide an opportunity for the reformation of a penitent offender which might be less probable if he
were to serve a prison sentence, and
3. Prevent the commission of offense
PROCEDURE
1. The defendant must file before the trial court an application for probation within 15 days after he
has been sentenced but before he begins to serve the sentence. If the defendant has been convicted
and has appealed the sentence of conviction, an application for probation cannot be entertained (PD
1990). The prosecuting officer concerned shall be notified by the Court of the filing of such application
and may submit his comments within 10 days from noticed.
2. The application should be entertained by the court by ordering the probation officer to conduct an
investigation of the offender provided he is not disqualified under the decree, while it is discretionary
with the court to grant or deny an application for probation, the Probation Law requires that an
investigation be first conducted by the probation officer who shall submit his report within 60 days
from receipt of the court's order. Only thereafter shall the court resolve the application, an outright
denial by the court is a nullity correctable by certiorari.
CAN THE OFFENDER BE RELEASED WILE HIS APPLICATION FOR PROBATION IS PENDING?
YES, at the discretion of the court;
1. On the same bond he filed during the trial;
2. On a new bond; or
3. To the custody of a responsible member of the community if unable to file a bond.
Nature of investigation report and supervision history of probationer - It shall be privilege and shall not
be revealed directly or indirectly except to (a) Probation administration (b) the court concerned. Violation of
confidential nature of probation records is an OFFENSE. Penalty is imprisonment from 0-6-1 to 6-0-0 and a
fine from P600 to P6, 000.
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WHEN PROBATION IS GRANTED, WHAT CONDITIONS DOES THE COURT IMPOSE?
1. The probationer must present himself to his Probation Officer within seventy-two ( 72 )hours;
2. Report to his Probation Officer in-charge of his supervision at least once a month;
3. Not to commit any offense
4. Comply with any other conditions imposed by the court.
PERIOD OF PROBATION
1. Not more than two ( 2 ) years if the probationer was sentence to imprisonment of one ( 1) year or less;
2. Not more than six ( 6 ) years if the probation was sentence to imprisonment of more than one ( 1 )
year;
3. When the sentence imposed a FINE ONLY and the offender is made to SERVE SUBSIDIARY
IMPRISONMENT in case of insolvency, the period of probation shall NOT BE LESS THAN NOR
TWICE the total number of days of subsidiary imprisonment.
SUPERVISION IN PROBATION
SUPERVISION OF PROBATIONERS
Probationers report to their probation officer as often as indicated in the conditions of probation.
The PO sees to it that the conditions of probation as given by the court are followed. Probationers are helped
to developed themselves, to learn the skills if they do not have any , and to be gainfully employed so they can
be useful members of the society, houses visits and follow-up in their places of work may be done if needed.
The PO makes regular reports about the probationer to the court.
VIOLATION OF PROBATION
What constitute commission of another offense or violation of penal law? Is it, the act of committing or
perpetrating a crime? Or conviction for the commission of said offense?
Answer: Supreme Court ruled that conditions violated by the pardonee or parolee on judicial
condition are not necessary. Supreme Court revoked probation on the basis of a subsequent final
judgment without remaining the case to the probation.
MODES OF TERMINATIONS
1. The successful completion of program of probation.
2. Revocation for cause, or death of the probations.
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1. Probation shall restore to him all civil right lost or suspended as a result of the conviction.
2. Shall fully discharge his liability for any fine imposed as to the offense for which probation was
granted.
EXECUTIVE CLEMENCY
PAROLE - It consists in the suspension of the sentence of a convict after serving the minimum of the
sentence imposed without granting a pardon, prescribing the terms upon which the sentence shall be
suspended. It is a procedure by which prisoners are selected for release on the basis of individual response
and progress within the correctional institution and a service by which they are provided with necessary
controls and guidance as they serve the reminder of their sentences within the free community.
“PAROLE” - Parole is a French word and is used here in the sense of word of honor. Thus, the implication
was that the prisoner would gave his word ( or word of honor ) that he would abide by the term of his
conditional releases.
In Europe, two persons who are administrators in the early 19 th century contributed to the
development of parole and they are Menthesinos of Spain and Abermanior, a German. But it was Captain
Alexander Maconochie, penal superintendent at Norfolk Island colony, Australia, who in 1840 originated the
use of ticket of leave, or conditional release equivalent to parole. Alexander Maconochie was then called the
“Father of Parole”.
PAROLE IN AMERICA
It is said that the first man to use the word “Parole” was Dr. S. G. HAWE of Boston who used word in
a letter to the prison association of New York in 1846. But it was in 1869, after some American prison
reformers who observed the Irish Prison System instituted by Sir Walter Crofter that led to the approval of the
law creating the Elmira Reformatory in new York, which was inaugurated in 1876, and this famous institution
can be said to be the beginning of parole in the United States. With ZEBULON R. BROCKWAY, as
superintendent at Elmira, using the indeterminate sentence in compulsory developed parole which soon
spread to other states of the United States. By 1910, the federal government and thirty two states had
adopted the parole system. Totally, parole is being used in some form or another in almost all of the states of
the United States, as well as other countries including Philippines.
INDETERMINATE SENTENCE
PURPOSE: To uplift and redeem valuable human material and prevent unnecessary and excessive
deprivation of personal liberty and economic usefulness.
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3. Those convicted of misprision of treason ( Art. 116 ), rebellion ( Art. 134 ) , sedition ( Art. 139 ), or
espionage ( Art. 117)
4. Those convicted of piracy ( Art. 122 )
5. Habitual delinquents ( Art. 62, par. 5 )
Note: Recidivists are entitled to an Indeterminate Sentence. Offender is not disqualified to avail of the
benefits of the law even if the crime is committed while he is on parole.
6. Those who escaped from confinement or those who evaded sentence ( Art. 157 )
7. Those granted conditional pardon and who violated the terms the same. ( Art. 159 )
8. Those whose maximum period of imprisonment does not exceed one year.
9. Those who are already serving final judgment upon the approval of the ISL.
NOTE: A minor who escaped from confinement in the reformatory is entitled to the benefits of the ISL
because his confinement is not considered as imprisonment. So also if the accused escaped from the
National Mental Hospital since his confinement as patient is not imprisonment. The law does not
apply if the penalty is destierro because that does not involve imprisonment.
Parole in the Philippines is administered by the Board of Pardons and Parole, who shall composed of
the Secretary of Justiceas chairman and four members to be appointed by the President with the consent of
the Commission on Appointments and shall hold office for four tears of the appointed members, one member
shall be trained sociologist, one a clergyman or educator, one psychiatrist, and other members shall be
persons qualified for the work by training and experiences. At least one member of the board must be woman.
EFFECT OF PAROLEE' S GOOD BEHAVIOR
If during the surveillance such parole prisoner shall show himself to be a law abiding citizen and shall
not violated any of the laws of the Philippine Islands, the Board of Indeterminate sentence may issue a final
certificate of release in his favor, which shall entitled him to final release and discharge.
PAROLE ADMINISTRATION
Parole refers to the conditional release of a offender from a penal or correctional institution after he
has served the minimum period of his prison sentence under the continued custody of the State and under
conditions that permit his reincarnation if he violates a condition for his release.
OBJECTIVES OF PAROLE
1. To uplift and redeem valuable human resources material to economic usefulness;
2. To prevent unnecessary and excessive deprivation of personal liberty.
A prisoner is eligible for the grant of parole unless other wise disqualified upon showing that is
confined in a jail prison to serve indeterminate prison sentence, the maximum period of which exceeds one ( 1
) year, pursuant to a final judgment of conviction and that he has serve the minimum period of said sentence
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less the good conduct time allowance earned.
DISCHARGE ON PAROLE
A prisoner may be granted a “Discharge on Parole” whenever the Board finds that there is a
reasonable probability that if released, the prisoner will be law-abiding and that his release will not the interest
and welfare of the society.
TERMINATION OF PAROLE
After the expiration of the maximum period of the sentence of a client provided he does not commit
any infraction and the Board may, upon the recommendation of the Parole and Probation Officer, issue a
certificate of Final Release and Discharge to a Parole.
Prisoners are not considered for commutation of sentence or conditional pardon if:
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1. The petitioner is available for Parole;
2. The prisoner is sentenced to another prison term within (1) one year from the date of his last re
commitment of the jail or prison from where he escaped;
3. The prisoner had violated an\y conditions of his discharge on Parole or Conditional Pardon;
4. The prisoner is suffering from mental illness or disorder as certified by a government psychiatrist;
WHO ARE ELIGIBLE FOR EXECUTIVE CLEMENCY? A petitioner is eligible for the grant of Executive
Clemency if he meets the following minimum conditions:
EXCEPTIONS: However, the board may consider a petition for absolute pardon even the lapse of the
aforementioned periods in special cases such as:
PARDON
PURPOSES:
1. To do away with the miscarriage of justice
2. To keep punishment abreast with the current philosophy concept or practice of criminal justice
administration.
3. To restore full political and civil rights of persons who have already served their sentence and have
waited the prescribed period.
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 made.
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LIMITATIONS ON THE PARDONING POWER OF THE STATE:
1. Pardon cannot be extended to cases of impeachment.
2. No pardon, parole or suspension of sentence for the violation of any election law may be granted
without favorable recommendation of the commission on elections.
3. Pardon is exercised only after conviction.
KINDS OF PARDON:
1. Absolute Pardon – refers to the total extinction of the criminal liability of the individual to whom it is
granted without any condition whatsoever and restores to the individual his civil rights and the penalty
imposed for the particular offense of which he was convicted.
2. Conditional Pardon – It refers to the exemption of an individual, within certain limit s or conditions, from
the punishment which the law inflicts for the offense he has committed resulting in the partial extinction of
his criminal liability
WHO WILL INVESTIGATE THE CONDUCT AND ACTIVITIES OF PETITIONER FOR ABSOLUTE PARDON?
Upon receipt of the petition for the grant of Absolute Pardon, the Board shall refer the petition for
absolute pardon to a Probation Officer and the same will investigate the conduct, activities as well as the
social and economic conditions of the petitioner prior to his conviction and since release from prison.
PURPOSES OT COMMUTATION:
1. To break the rigidity of the law.
2. To extend parole in cases where the parole law do not apply.
3. To save the life of a person sentenced to death.
LEARNING ACTIVITY 1
REFORMATION PROGRAM
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
reshaping an individual's behaviour and attitudes through the inmate’s 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 Dayton 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.
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 behaviour 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 behavioural modification program gradually re-shapes or re-structures the inmate within a
family-like environment, wherein every member act as his brother's keeper.
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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 linewith 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 positions.
These tools serve more than just the purpose of curbing unproductive behaviour. They are also a means used
for enforcing community sanctions on bahavior that undermine the safety and integrity of the community such
as violations of the cardinal rules of 'TC: NO drugs, NO 'violence or threat of violence, NO sexual acting out
and NO stealing! Everything an officer does is meant to erase "street behaviour" and to lead the offender to
be committed to "right living".
When the office gives seminars and tutorials, arranges activities focused on the higher power, conducts
games, educational trips and other recreational activities, we touch on the TC aspect of intellectual and
spiritual dimension. Aside from the role of a direct supervisor, the VPAs may be the invited resource persons,
donors/sponsors, facilitators, lecturers, etc. during these seminars.
The skills training and livelihood activities fall within the preview of TC's Vocational and Survival Skills, so with
Medical/Dental Clinics and Environment Conservation activities. In this aspect, the VPA's can facilitate job
placement and can tap community resources for clients social andphysical needs.
Therapeutic Community is a tool that the administration uses to prepare the client for reintegration to the
community as a reformed, rehabilitated, productive, drug-free and law-abiding person.
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By the end of this decade, TC shall have become the corporate culture of the Parole and Probation
Administration permeating its plans, programs, and practices, and confirming its status as a model component
of the Philippine Correctional System.
2. The Provincial Governments, which have supervision and control over provincial jails. These jails house
court detainees and prisoners whose prison terms range from six (6) months and one (1) day, to three (3)
years.
3. The Bureau of Corrections (BUCOR) under the Department of Justice (DOJ), which has control over the
national penitentiary and its penal farms, houses convicted offenders with prison sentences ranging from
three (3) years and one (1) day, to life imprisonment.
Youth offenders in the Philippines are treated differently. Ayouth offender is defined as a child over nine (9)
years but beloweighteen (18) years of age at the time of the commission of anoffense. Under the country's
laws, these youth offenders are entitledto a suspended sentence. Instead of serving their sentence, theyare
rehabilitated in regional youth rehabilitation centers, which aremanaged and supervised by the Department of
Social Welfare andDevelopment (DSWD).
There are ten (10) rehabilitation centers for youth offenders one of which is a National Training School for
Boys and the other a National Training School for Girls. Their stay in the center can be shorter than their
sentence term, depending on how they respond to the rehabilitation process therein.
The non-institutional treatment of adult offenders is managed primarily by the Department of Justice (DOJ)
throughits Parole and Probation Administration and the Board of Pardons. Probation for adult offenders is
available to those whose penalty of imprisonment does not exceed six (6) years. It is considered as a matter
of privilege and not of right. Hence, the adult offender has to apply for probation before the court upon
conviction. This is also true for the parole system.
THERAPEUTIC COMMUNITY MODALITY PROGRAM BY THE BUREAU OF JAIL MANAGEMENT AND
PENOLOGY
PHASES OF TREATMENT
TCMP in the BJMP set up is quite unique in the sense that inmates are in custody while undergoing trial
for their individual cases. Their length of stay is determined by how fast is the disposition of their cases. The
cases may be decided upon after a short period of time or may last for years. Though the different phases of
treatment is observed, it cannot be fully implemented or may not be followed as scheduled due to the
uniqueness of the status of the residents.
Phase - Entry/Orientation Phase
Once an inmate is committed to jail, he undergoes a series of examination to determine his physical,
social and psychologicalstatus. Upon his commitment, a resident is placed on orientation at Reception and
Diagnostic room/ Orientation Room. In here, he is acquainted with the TC program:
The rules and norms of the community
TC concepts, written and unwritten philosophy
The staff and the members of the community
The tools of the house
Job functions and TC hierarchy
He is then assigned a static group and a big brother who will provide him with support and will walk him
through the orientation phase. At this phase, the resident is handled gently and is expected to commit
mistakes in the process of learning the program. Sanctions on negative behavior are usually light with
emphasis on teaching.
Phase II- Primary Treatment.
After proper orientation on the different TC concepts and tools, the norms and rules of the community and
the staff members, the resident is now ready to undergo the treatment proper. He becomes a part of the
community starting as a crew member of the housekeeping department until he gradually ascends in the
hierarchy. He must be knowledgeable on the following:
Proper use of the different tools to address personal issuesand concerns and shape behavior
Managing own feelings and learning how to express selfappropriately
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Learning how to follow the rules and norms of the community
Maximize participation in activities that are appropriate tothe resident's need for growth
Learning how to trust the environment by disclosing self to the community and develop insight in the
process
Developing positive coping skills to deal with difficult lifesituations
Enhancing educational and vocational skills to make him productive
Improve social skills and recognize the importance of other people's help in shaping behavior
Phase IV-Re-entry
In the ideal setting, a resident at this stage is now ready to be released back to society as he has
demonstrated adequate self-control and discipline. The inmate is now preparing for his life outside of jail and
is focused on making himself a productive citizen He may start planning for job hunting and rebuilding family
ties and relationships.
In the jail setting, the residents will stay inside the jail until their cases are resolved or they have been
convicted and need to be remanded to the Bureau of Corrections.
The resident must focus on the following:
Transition to life outside of jail.
Creating a new lifestyle applying the tools and concept of TC.
Learning positive coping skills to deal with day-to-day situations.
Re-establishing and strengthening family ties and supportgroup.
Reintegration into the mainstream of society.
Developing realistic and attainable goals in life.
Phase IV-Aftercare
Aftercare is an outpatient program that requires clients to report twice a week to an outreach center. They
are required to attend group sessions to ensure their adjustment to life outside jail to reduce recidivism. For
clients released from jail, they are referred to the Parole and Probation Administration and Local Government
Units for follow up and aftercare. The clients are focused on the following:
Maintaining positive behavior and prevent recidivism
. Strengthening coping mechanism
. Maintaining relationships and support mechanism
Sustaining interest in job or vocation to maintain livelihood
.Integration into society
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. The TCMP staff has undergone proper training on TCMP. Presence of a permanent TCMP staff to
supervise the program and conduct the various activities
The TCMP staff will not be transferred to other jails until properly covered by another TC trained staff
There is proper shift turn-over of TC trained staff on a daily basis
TCMP staff can be utilized to handle other tasks but puts priority to TCMP
Regular meetings are held by staff to discuss progress. issues and concerns about the program. All the
jail staff are involved in the TCMP and are contributingmembers
The staff works as a team in delivering services to inmates The staff serves as role models and treats
inmates with respect and dignity
Incentives are given to TCMP staff in terms of awards and commendations
Feedbacks
Confidentiality is respected and practiced
.The residents are involved in decision making and planningin TCMP activities
. The participants of TCMP are change agents in bringing about transformation among peers
.The residents comply with the cardinal and house rulesand serve as "watchdogs" for their peers with the
aim ofcorrecting erring members
. Absence or minimal incidence of jail violence/disturbance
.The residents respect the hierarchy and chain of command.
INTRODUCTION
The Behavior Management is a component of Therapeutic Community Modality Program (TCMP) that
introduces the concept and mechanics of the various shaping tools to include Morning Meeting in order to
facilitate the management of and shape the behavior of the residents. This shows the essential elements and
significance of the tools which would provide the community common language, increase cohesiveness and
adapt to the moral and behavioral code of the tools application. The behavior shaping tools are ordered in
hierarchy to provide enough room for personal growth and learning. The community serves as a dynamic
force that motivates the individual to achieve positive behavior change.
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PRE-MORNING MEETING
Duration/ Frequency: Fifteen minutes daily
Participants: Senior residents, Counselor
Pre-Morning Meeting is done early in the morning prior to the Morning Meeting. Senior members of the
community will meet for about fifteen (15) minutes to discuss the attitude of the housethe previous day. It is
also where the senior members formulate solutions to the concerns discussed and to be executed during the
day. The attendees will also discuss the activities to be engaged in the Morning Meeting and make sure that
all participants are ready with their corresponding parts and determine the amount of time to be allotted for
each part. The group will agree on the theme or concept of the day. This is to make sure that everything is
ironed out prior to the conduct of the Morning Meeting such as the validation of pull-ups and other concerns.
MORNING MEETING
Duration/ frequency: Onehour daily
Participants: All residents, Counselor
Morning Meeting is a daily ritual that starts the day in a TC facility. It is attended by the whole community
and lasts for an hour. It commences with the Opening Prayer, Singing of the Philippine National Anthem and
the recitation of the TC Philosophy. It is usually facilitated by any member of the community. It is divided into
two (2) parts namely: (1) public announcements and community concerns and (2) community-spirit building or
up rituals.
The first part of the meeting consists of public announcements regarding important activities or
businesses and other information that the community needs to know. It is a review of how the community
performed in the previous day and check on the behavior of erring members through the conduct of "pull-ups".
A pull up is done as an expression of concern over the lapses of some members and encourage ownership of
mistakes on the violators. The pull-up is followed by affirmations of good deeds, display residents. This is to
show that good deeds are not left unnoticed of responsible concern towards peers or unselfish acts of some
of the Morning Meeting is a serious business where the members and leave a feeling of self-worth to those
concerned. The first part isexpected to be formal in their demeanors. Rules are set such as: no side talking,
no cross legging, no laughing, hands on the laps and sit erect.
The Concept of the Day serves as a guide as to what direction the community is headed for the day. It is
elaborated by residents of the community to have a better understanding of the whole concept. The concept
of the day is preferably taken from the Unwritten Philosophies of TCMP.
The second part of the meeting consists of entertaining presentations to lighten up the mood and start the
day on a positive note. It somehow develops some talents and shed off inhibitions of participants.
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TALK TO
A "Talk To" is an outright correction done by any member of the TC community to another member who
has done a minor infraction but is not aware of it. It is a friendly reminder/advice about an unacceptable
behavior and must be done privately. During a "Talk To", the resident is made aware of his/her negative
behavior and the results it may have on others and the environment. The feedback given to the resident who
committed mistake is done in a positive way. This is to evoke awareness on the part of the violators to avoid
committing the same mistake and be given heavier sanctions if done in the future.
PULL-UP
A Pull-up is done as a result of lack, missed or lapses in awareness in a resident. All the members of the
community are responsible to pull-up minor infractions done by peers. It encourages honesty, demeanor
awareness and owning up to one's mistakes. This is done when the violator is unknown and must be
validated first prior to bringing up in the Morning Meeting.
Pull-ups create a certain degree of dissonance on the guilty party whereby there is a strong internal
conflict whether to practice honesty or continue to live in a lie. When the resident is able to overcome the
impulse to lie and start practicing honesty, his commitment to live by the TC standards increases.
The resident receiving the pull-up is expected to listen without saying a word, assume that it is valid,
quickly display the corrected behavior and express gratitude in receiving it. After one member did the pull-up,
other residents who want to show concern can make elaborations to give emphasis to the infractions and
concretize the admonitions that need to be relayed to the violator Two to three elaborations are ideal.
Too many elaborations are discouraged as they may take so much time. Focus should be given to the
behavior and not the person. It is meant to raise awareness and not to punish or embarrass the violator,
Personal attacks, shaming or the use of racist language are strictly forbidden during pull-ups. It should
beemphasized that pull-ups are done out of responsible love and concern to avoid creating negative feelings
during the process. In a situation wherein no one stood and owned up a negative behavior raised in the pull-
up, the resident doing the Pull-Up will narrow down the Pull-Up to make it clear and specific, stating the place
and time of the occurrence. In the event that nobody stood to own it up, the resident doing the Pull-Up will
instead ask the community to stand and there, he/she will deliver his pull up addressing the entire family
believing that the violator is aresponsibility of the whole community.
Example of a Pull-up:
The moderator asks for someone who has a Pull-up. A member raises his hand and declared: "Who
among my brothers/ sisters did not flush the toilet after using it early in the morning?"
(Sinu-sinosaatingmgakapatidnanaririto ang hindinagbuhos ng tubigsapalikuran (kubeta)
pagkataposgumamitkaninangumaga?) A few people stood up to admit the pull up. The resident doing the Pull-
Up then gives his/her admonition/advice to the violators. The moderator asks for elaborations.
All members attending the Morning Meeting must raise their hands to show their concerns. It is noted that
a question must be asked mentioning the circumstances using the 3Ws (What, Where, and When). The
violators are not allowed to talk or respond but just stand, face the community and accept the admonitions.
The number of elaborations depends upon the number of Pull-Ups. The more Pull-Ups brought in, the less
elaborations.
1 elaboration: "Brothers/sisters, we should always be aware of our actions. Going to the toilet is a routine
activity. It is a must that we should flush it after using to keep it clean. We should always think of other
people who might use it after us".
2 elaboration: "Brothers/ sisters, whatever practices in the past are should be corrected here. We need to
put our lives in order. Flushing the toilet is a basic action that needs our wrong to reminders. We should
always practice cleanliness and good hygiene
3 elaboration:"Brothers/ sisters the reason we are here is because of some wrongdoings. Let us leave all
of those behind us. Let us be aware of our actions and give consideration to other people. We should not
impose on others what we don't want to experience ourselves. Before leaving the toilet, make sure that
you have done what you are expected to do. Please be responsible"
DEALT WITH
Dealt With is done when negative behaviors or infractions to the House Rules/Norms are done for the
second time of same offense by a resident.
A panel of three (3) composed of a senior resident, peer and a friend are tasked to deliver a serious and
stern reprimand to the subjected resident.
Although the tool does not strictly require the presence of a staff, to attain its purpose, the staff should
monitor its conduct ensure that the panel assigned to the task really acted appropriate It is done privately in a
room or an area with no other else hearing
the conversation.
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HAIRCUT
Haircut is done when negative behaviors or infractions to the House Rules/Norms in same offense are
done for the third time or more for the first-time grave offenses. It is carefully planned and structured verbal
reprimand given by a Staff with four other residents - Senior Resident, Peer, Big Brother, and Department
Head. The tone is more serious and can be loud, harsher and more exaggerated.
This is done to induce anxiety and eventually change the person's behavior. Before the group calls in the
person, they will discuss among themselves the order of speakers, how intense the haircut will be and what
sanctions will be given if any. The resident is then called inside and waits until he is asked to sit.
He will be asked if he knows the reason for his appearance. After the person's response, he will be asked
to sit and remain silent to enable him/her absorb all the advices.
The haircut gives emphasis on the behavior of the resident and the severity of the haircut should be
appropriate to the gravity of the offense. Each member of panel is given ample time to express himself without
interruption from the other members. The staff or peer who booked the haircut should not be part of the team
so as to avoid bias or subjectivity. Before a resident be subjected to Haircut, his/her infraction must be first
investigated, discussed and decided by the Disciplinary Board (Book II, Rule 2, Section 4 of the BJMP
Manual. Sanction/Learning Experience that has been decided upon by the jail Disciplinary Board and the
TCMP staff will be imposed after the Haircut.
LEARNING EXPERIENCE
A Learning Experience (LE) is an action or activity given to a resident who was subjected to Haircut or
General Meeting who did an infraction to correct or modify a behavior. LE may be task-oriented written task or
peer interactions. Since TCMP is educational rather than punitive in its approach to behavioral change, the LE
should be done in a way that would remind the person of the negative attitude he has done without
compromising his human dignity. The intent of the LE is not to stigmatize the person but to motivate him to
make restitutions for the wrong doings he committed and redeem himself in the community.
The LE should be related to the infraction committed for him to focus on the behavior expected of him in
the community. It should not be given as a punishment but rather a motivation to develop more positive
attitude. This will develop a sense of responsibility on him while stressing his inadequacies. LE should be
realistic and humane. Putting a person on LE for more than one (1) week may lessen the learning objective.
Putting the person on LE for an extended period of time or sanctions that are far harsher than the offense or
may deny him of the basic necessities may border on abuse and violation of human rights.
Close supervision with clear goals increases the effectiveness of the sanction. Upon lifting the LE after
seven (7) days, the resident subjected to the tool will be accorded with a Senior Resident coming from his/her
Static Group who will provide guidance and continually monitors the performance in the house of the former.
The senior resident assigned will give a self-report after fifteen (15) days on how the resident (who undergone
LE) carried out his responsibilities after the LE and state therein the resident's condition whether he/she
needs further supervision. The authority in giving LE lies in the Disciplinary Board and TCMP staff.
Examples of LE:
If a resident has been missing out in his responsibilities in the kitchen, he can be assigned as in charge of
cleaning the kitchen for a specific period of time. If a resident repeatedly leaves his bed in disarray, he
can be asked to provide orientation and supervision to new residents on how to keep their beds neat at all
times
GENERAL MEETING
A repeated breach to the Cardinal Rules necessitates a General Meeting. Such issue should be
discussed with the community to point out to the violator the negative effect the behavior had on the
community. Such offense includes sexual acting-out with a fellow resident, taking drugs and engaging in
physical fight with another resident. Other facilities include stealing or even smoking as part of the Cardinal
Rules. These behaviors pose a threat to the community because they violate the established order and safety
of the facility.
Procedure in a General Meeting:
1. A General Meeting is called and led by a senior member of the staff, usually the Director of the facility. The
extent of the problem is assessed to determine who among the community members are involved in the
incident. Those guilty of the offense are asked to sit in a prospect chair. This is to arouse anxiety and
dissonance.
2. The Director sets the tone of the meeting and leads the community in an open expression of opinions and
feelings regarding the offense brought out into the community. He holds the community accountable for the
slip of its members as each is considered his "brother's keeper". The Director opens the floor for feedbacks,
inviting the community for self-reflection and accountability. The formation of the General Meeting is shown in
Study Guide in IR 2 – INTEGRATED REVIEW (Forensic 1-6, CDI 1-9, CA 1-3 and CFLM 1 & 2)
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Figure 4.
Example:
Director: "Good afternoon family! We are gathered here this afternoon because two members of our
community badly need our help. They engaged in a physical fight which caused some injuries in both of them.
We have to ask ourselves how we failed them. Why did we miss this brewing hostility between the 2 of them?
Remember, we are their keepers but we let them down by allowing them to harbor the hatred towards
each other without us noticing it or doing something about it. We lack awareness to detect the subtle signs
that this incident is coming. Now, our brothers are in this predicament because we were remiss in our duties
to care for them. I want you to apologize to Greg for my behavior. I hope we can start all over again as
friends."
Greg will be given the chance to make a statement as well.
3. After the violators made their statements and offer commitments, the Director will mark the closure of the
issue and allow for processing of the events that transpired and provide appropriate emotional support to the
violators who have just been subjected to intense emotional experience.
Sanction will then be given to the violators. EXPULSION
In extreme cases, when a resident is incorrigible and becomes a threat to the community (Instigator, initiator
of jail disturbances), the Director with the recommendation of the Disciplinary Board may transfer him/her to
the nearest jail facility with an appropriate Court Order.
COUNSELING
Counseling is defined as a professional activity of helping individuals, groups or communities enhance
or restore their capacity for psychological, emotional and social functioning and creating an environment
favorable for the attainment of these goals.
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Assure client on confidentiality.
to be to alleviate fears.
2. Information gathering: About 20 minutes
Know the reason for consultation.
. Client can start anywhere.
. Counselor may take notes. Client needs to do almost all of the talking.
. Counselor may ask open questions or use techniques like clarifying, rephrasing, focusing, reflecting, reality
testing, etc.
Discussion/Counselor Input:
Counselor tells the client what he thinks the client is saying.
Counselor develops a list of concerns.
Client would concurunderstandingtothecounselor'sornot
Prioritize problems and which one to work on first. Client will provide plans of action to work on specific
problem.
Counselor will assist in mapping out plans.
Conclusion:
Motivate the client that "he can do it". If not, he mayneed to be referred to a Professional.
Brief client on what to expect the next session (progress based on plan of action).
End session on a positive note.
Client should be able to list down things that he has tolook forward to over the next few days. If not, this is
ared flag for suicide.
GROUP COUNSELING
STATIC GROUPS
The Static Group is a permanent group of peers and leaders that meet regularly while the residents are in
treatment. It is a sort of "home" group who provides support for one another and to the new members of the
community. This is designed to provide a forum for self-expression and disclosure. It is usually facilitated by
senior members of the group. It focuses on group relationship and patterns of behavior.
Duration/ Frequency: one hour/once a week Participants: 10-15 residents, Counselor
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Procedure:
1. Once a resident enters the jail, he/she is assigned to a particular Static group. It serves as a permanent
group that addresses the general issues in treatment.
2. It utilizes confrontation from peers to evoke changes in behavior though the group is primarily supportive.
The group provides immediate support to new members of the community
3. Each resident member is encouraged in expressing and disclosing personal issues and concerns and
receives feedbacks from the other members. Violence and threat of violence are prohibited.
4. For each session the group may discuss any topic of desireor may follow certain themes for a more
systematic flow ofdiscussion.
5. By using confrontation, identification, support, affirmation and giving feedback, residents learn and practice
the TC norms and values.
6. The residents are oriented to new and positive coping styles which they can utilize to live a new lifestyle
and attain personal growth and better relationships.
7. When their emotional needs and problems are properlyaddressed, their positive behaviors and attitudes
emergeand they will eventually feel better about themselves.
8. Focuses on the issues of the "here and now". Personal disclosure of the past is allowed if it affects the
present. Confidentiality is strictly observed.
9. The static group does away with negative socialization and employs positive re-socialization through a
caring relationship with peers.
SECRETS
Secrets are a group activity where participants are given the opportunity to unload emotional baggage and
thus experience freedom from internal psychological conflicts. It promotes trust among the participants
knowing that each will reveal his utmost secrets to the group. It also aims to deepen mutual respect among
the participants.
Duration/ frequency: 1-2 hours/ once a month
Participants: Staff, 10-12 residents
Procedure:
1. Form a group of 10-12 residents, preferably of variedlydifferent persons.
2. Each one is instructed to go to a place where they can be alone and free from distractions.
3. In a piece of paper, the resident will write a letter to himself about an event in his life which he has been
keeping as a deep secret because it has caused a lot of pain, guilt, shame or anxiety.
4. The letter is written as if he is addressing it to somebody and could start as "Dear friend". He should not
state his name or any name and place which could lead the group as to the writer. He may write it in a way
that would not give away any hint. This is done for 30 minutes.
5. The group then converges and all the rolled letters will be placed in a bag. The residents will be seated in a
circle. The first one will be asked to pick up a letter and read it aloud to everyone as if he is reading his own
letter. The rest will provide advice, moral support, motivation or encouragement to the reader. No criticisms or
negative comments are encouraged.
6. The facilitator admonishes the participants to refrain from curiously trying to find out the owner of the letters.
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Everyone is likewise admonished to keep the discussions strictly confidential.
7. After all the letters were read, the facilitator will do a brief processing focusing on the feelings of the
participants and how it affected each one of them. The group may choose pray as a closing ritual.
8. Before the group adjourns, the facilitators collect the letters and burn them in a clay bag or garbage bin as a
symbolic ritual of letting go of all the hurts and pains and not allowing them to hinder their future growth.
ENCOUNTER GROUPS
The Encounter Group serves as a "safety valve within the community which is usually high pressured
and structured. It is a forum for members of the community to verbally express pent-up or negative emotions
within a structured and safe environment without resorting to violence or aggression and without fear of
reprisal. There are strict behavioral norms and rules observed during an encounter group such as no violence
or threat of violence, no attack on personal dignity, speak only for oneself and remain seated at all times. The
language used in expressing their feelings is seldom restricted though in the Filipino culture, use of foul
language is avoided to prevent harboring of negative feelings from the receiver. The primary goal of an
encounter group is to raise awareness of behaviors and explore the underlying feelings that led to such
negative emotions.
Duration/ frequency: 1-1 1/2 hours/ once or twice a week
Participants: Counselor, 2 co-facilitators, 8-10 residents
Procedure:
1. A resident may drop a slip on another resident stating hisname, the name of the person he is dropping a
slip and the reason for dropping the slip. Only feelings of hurt, anger and concern can be reasons for
encounter.
2. The staff will choose his co-facilitators who are also staff members. Once he has gathered 2 or 3 slips, he
may schedule an encounter group.
3. The facilitator will arrange the group in a circle in such a way that the two parties involved are seated
opposite each other. The facilitator should be able to guide the flow of conversation and should be skilled
enough to interrupt anytime he feels that the safety of the group is being compromised.
4. The flow of the encounter should pass through the four (4) phases:
a.) Confrontation: This phase involves verbalization ofconcerns or honest disclosure of emotions that has
been provoked during interpersonal interactions with another resident. Regardless of the cathartic nature of
expression, the rules of the encounter group should always be respected. The focus should always be about
how one feels because of the behavior of the other. There should never be any attack on one's persona but
rather on his/her behavior. Each should be allowed to express himself before a rebuttal is allowed. Name
calling and other hostile languages may not resolve the problem and may even heighten the animosity
between both parties. This phase consists mainly of exchange of verbal expressions of emotions as a way of
release.
b.) Exploration: In this phase, all the feelings that were expressed are further examined and explored and find
out how it could have resulted in such way in order to evoke awareness on the connection of behavior,
feelingsand attitude. In this phase, blaming or finger pointing at one party is avoided. It will only cause
resentment form one party. This phase hopes to enhance the insight of both partiesand encourage ownership
of one's mistake and takeaccountability for his/her actions. It gives both partiesthe opportunity to examine
themselves in relation totheir conflict with the other party.
c.) Resolution and Commitment: After some realizations and attaining some insights into their behaviors, the
residents are now ready to move to the last phase to practice new behaviors. From the feedbacks received,
the resident involved will now express how he feels about the whole thing and may own up his behavior which
has caused the conflict. He then goes on to make commitments to avoid such occurrence in the future. Such
commitment made by the residents will be monitored to make sure that they are being put to practice to avoid
lapses.
d.) Socialization: This is a structured social event where all those involved in an encounter will have ample
time to mend fences with those they have offended or hurt in the past. The purpose is to achieve closure,
reaffirm relationship and maintain the unity of the community so that all those involved can move on and leave
the past behind.
EXTENDED GROUP
The Extended Groups (Probe, Marathon) are usually composed of 5-12 residents and is being facilitated by 2
highly trained staff members.
It may last for 8-72 hours. The participants must have at least 4 months in the program and have shown
adequate stability before he can be included in the activity. It is a potentially intimate and intense session
which needs a significant amount of preparation. It focuses on the "here and now" but allows a deeper
exploration of issues that affects new behavior. Special subjects may be the focus such as sexuality, trauma,
etc.
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SPECIALIZED GROUPS
LOSS AND BEREAVEMENT
Duration/frequency: one hour once a week
Participants: 10 - 15 residents
Procedure:
1. Facilitator is knowledgeable in conducting the sessions and managing the time.
2. The group is very supportive and compassionate.
3. Facilitator discusses the process of grieving and the impact of losses, mad feeling, attitudes and behavior
derived from the loss of a loved one.
4. Counselor gives some suggestions on how they wouldhandle the situation appropriately when there was
anothersimilar situation.
5. At the last sessions, each participant was required to write a letter to someone or a buddy to tell about the
past and what they will do in the future regarding losses.
WOMEN'S GROUP
Duration/ frequency: one hour once a week/ might last for six sessions
Participants: 8-15 residents, Counselor
Procedure:
1. Held once a week and run by TC personnel. It provides an opportunity for all female residents to share and
discuss their feelings on women's issues: family, relationship, self-identity, self-image, societal role and
reproductive issues.
2. Issues to be tackled are gender specific problems and aims to help female residents identify their
challenges and needs.
3. Residents are helped to explore and understand therelationship between women's issues and their
influenceson them. It enhances self-understanding among women.
4. They can also help each other through mutual support and concern.
MEN'S GROUP
Duration/ frequency:
1 hour once a week
Participants: 8-15 residents, counselor
Procedure:
1. Topics include expression of feeling, reveal of true self, dealing with feeling and how to avoid abusive
relationship, family conflicts, sexuality and sexual relationships.
2. Group sessions enabled each of them to identify, express the feeling related to the trauma and lessons
learned from those experiences.
3. The counselor who raised the issue will be the one toconduct it.
ANGER MANAGEMENT
Duration/ frequency: 1½ hours for 6 weeks/as needed/curriculumbased
Participants: 10-15 residents
Procedure:
1. Facilitated by a counselor.
2. Questionnaires are provided to the residents to answer how they demonstrated their anger before they
came for treatment and while in the facility and how they go through it.
3. Participants are selected based on interview and attitude showed while in treatment. 4. The group is an
avenue for the residents to know theiranger feelings and acquire new knowledge and information on how to
Study Guide in IR 2 – INTEGRATED REVIEW (Forensic 1-6, CDI 1-9, CA 1-3 and CFLM 1 & 2)
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deal with their feelings on different situation and personalities.
PRE-RELEASE INTERVIEW
Participants: Resident/s to be released from jail, IWDO, Admin and OD
Duration: 1 hour
Procedure:
1. IWDO should coordinate with the Paralegal Officer to monitor the status of the case of the residents.
2. If possible, immediate member of the family is/are presentbefore the residents will be released from jail.
3. Do a pre-release interview to conduct an assessment of the resident's potentials and map out plans after
his release from jail.
4. IWD should coordinate with service providers for his/her referral for aftercare.
Spirituality in TC
Spirituality is any action or activity that reflects or brings out the goodness in a man. Spirituality in TCMP is
designed to respond to the inner longing of residents to find greater faith where they can anchor themselves
within their struggle to find meaning to their existence.
It summarizes a man's relationship with himself, others and the Supreme Being. The spiritual component
provides the residents with activities that would help them explore the meaning and purpose of their existence
and their particular place in the world.
Intellectual Component
The intellectual component on the other hand responds to the natural human characteristics of yearning for
knowledge in order to attain a higher level of understanding.
A well-structured and well-implemented Intellectual Component is a factor in establishing a Therapeutic
Community for the residents. It helps the residents restore their self-esteem as their minds become open to
ideas and their intellect does not cease to feed on a free and open interchange of opinions.
Providing worthwhile opportunities for learning/ education will facilitate regaining their human quality and self-
respect thereby making self-realization that being law-abiding and productive, both during their stay in the
facility and their eventual release in the society's mainstream is the real essence and measure of
development.
Procedure:
1. Select a topic related to expertise of the speaker/lecturerbeneficial to the residents.
2. Schedule the activity.
3. Preparation Phase
4. Seminar Proper
THE TC PHILOSOPHY
The TC Philosophy is recited daily during the Morning Meeting. It embodies all the challenges and aspirations
of most residents who feel alienated and the desire to overcome the imposed limitations on their freedom and
find their own place where they could feel safe and welcome. It acknowledges the importance of fellowship in
shaping one's behavior and motivating one's fortitude of helping himself and others. It likewise serves as his
anchor in times of emotional turmoil which he can always go back to and reflect. It forms emotional binding
among the participants knowing that they are grounded on the same philosophy.
1. Surrender
"I am here because there is no refuge, finally from myself"
I am where I am right now because I admit that something went with my life that I have no control over. I admit
that I need the help of a Higher Power and of others to bring positive change in my life.
2. Self-disclosure
"Until I confront myself in the eyes and hearts of others. I am running. Until I suffer them to share my secrets. I
Study Guide in IR 2 – INTEGRATED REVIEW (Forensic 1-6, CDI 1-9, CA 1-3 and CFLM 1 & 2)
Module No. 1
have no safety from them. Afraid to be known. I can neither know myself or any other: I will be alone."
I now know that unless I come out in the open and admit my mistakes, I will forever be running from them. I
need to disclosemy deepest secrets to my peers so that I can find the right ways of dealing with them.
By opening myself up for others to see through me, I will be free from my own demons and let others guide
and help me though my ordeals. Nobody can help me unless I let them know my woes and let them
understand that like them, I also need help.
3. Reflection
"Where else but in our common grounds can I find such amirror?"
There is no better place to disclose my feelings than in a place full of people with similar experiences where I
feel safe and free from prejudices. People are here for different reasons but with a common problem. It is
easy to identify with somebody who is going through the same experience as me.
1. Self-realization
"Here together. I can appear clearly to myself, not as the giantof my dreams not the dwarf of my fears, but as
a person, partof the whole with my share in its purpose"
When I start to understand myself better, I began to realize how all my negative behaviors came to be. It is
easier to deal with something when we understand its roots. I will learn not to look at myself as too big or too
small to handle all my worries. I will learn that I will deal with them as a person among others who are united
together to help each other by relating our similar attitudes and behaviors.
2. Growth
"In this ground, I can take root and grow"
I realize that this environment can help me overcome my mistakes and start a new life. I can anchor myself in
this community to foster permanent change.
3. Self-worth
"Not alone anymore as in death, but alive to myself and to others"
I begin to believe in my ability to overcome all my challenges and give out all my best for myself and others. I
also believe in my ability to be of help to others who are in similar situation.
TC UNWRITTEN PHILOSOPHIES
The unwritten philosophy of TC consists of slogans or aphorisms that are verbally given to the residents to
impart the beliefs and values of TC in relation to their day to day living. These sayings are used to remind the
residents as to what are considered important to them.
1. "Honesty"
A lot of residents continue to live in a lie without the fear of its consequences. This virtue points out the
importance of truth and its relevance to recovery.
2. "Responsible love and concern"
The residents will learn how to give and accept criticisms without resentment. Bonded by trust and
confidence, the residents know that mistakes need to be corrected if the aim is to bring the other towards
behavioral change.
3. "To be aware is to be alive"
Residents learn to be conscious of what is going on in the environment. In TC, minor attitudes are engrossed
to prevent major attitudinal problems to arise.
4. "Trust in your environment"
There will be no change if there is no honesty and disclosure. Before doing so, trust must be established. One
should believe that the program can help him. In doing so, he will learn to accept the program and use its
tools to evoke changes in himself.
5. "Be careful what you ask for, you might just get it"
Man by nature is ambitious. We never get contented with what we want more, even if having so would lead us
to commit mistakes. We should learn to appreciate what we have and use it to better ourselves.
6. "No free lunch"
In reality, nothing really comes easy. If we aim for something, we have to work for it. There is no pride in
getting something the easy way. It is hard to let go of something that we labored for. Change will not come if
we will just wait for it to happen. We have to make it happen.
7. "You can't keep it unless you give it away"
Knowledge or learning is better appreciated if shared with others. Something becomes valuable if used to help
others make positive changes in their lives. Helping others help us in the process as we start to feel good
about ourselves.
8. "What goes around comes around"
"Whatever you do unto others will be done unto you". Any good deed will be rewarded while evil deeds will be
punished in the end. We should always be mindful of our actions as they are the parameters of how we will be
judged in the end.
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9. "Act as if"
Learning and accepting the TC program is not easy. Most residents feel resistant towards it. This philosophy
teaches the residents to go with the flow as a way of compliance. In the process, they will learn to embrace it
and the behavior will soon become natural.
10. "Understand rather than be understood"
It is sometimes common for us to be selfish. We find it hard to admit our mistakes hence we tend to blame
everybody but ourselves. We expect everyone around us to understand our wrongdoings but we seldom
make an effort to understand others. Understanding others is a virtue because it speaks of humility and
patience. If we take the first step to know where others are coming from, there would be lesser conflicts in
relationships.
11. "Personal growth before vested status"
Sometimes, we become so wrapped up in our own status of positions in life that we tend to forget to develop
relationships with the people around us. We should cultivate our personal abilities before we scale the ladder
to success.
12. "Compensation is valid"
A reward for working hard is well deserved. We get what we put into.
13. "Forgiveness"
To accept what has been done, move on and get over the hurt and anger gives us a feeling of inner peace
and happiness. Failure to get over the pains will pin us down and stunt our progress.
14. "Humility"
To humble one' self before others is a laudable virtue. We are often enveloped by pride that it is difficult for us
to lower ourselves and admit our inadequacies and limitations. By doing so, we develop a fair insight about
ourselves thus giving us the challenge to improve ourselves.
15. "You alone can do it, but you can't do it alone"
Oftentimes, we feel invincible and indispensable knowing that certain tasks can only be accomplished by us.
We don't realize that we have certain limitations that without the help of others, the burden will be too great for
us. We should learn to reach out for help and admit our weaknesses.
16. "Pride in quality"
Time flies so fast that we tend to hurry in everything we do. We lose our focus and do things haphazardly just
for the sake of completion. We should always seek for quality in our work. The product of our labor speaks of
our attitude towards life in general.
17. "Feelings don't think"
We usually react impulsively to things around us because of our feelings. Before we can even think, an action
has already been done. Everything starts in the mind. If we think before we act, chances are, we will behave
with contempt as we have analyzed the process before the action.
18. "Guilt kills"
One of the underlying reasons for depression is guilt. It is a feeling of shame and self-blame. If a guilt feeling
remains unresolved, it can be turned inwards, thus resulting to self-inflicted harm
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After the activity, ask most easy and natural way in order to attain the goal and have the participants how they
feel and what have they learned from the experience. Duration/ frequency: 1-2 hours/ once a month
THE DEBATE
The debate is introduced to provide the residents the opportunity to learn how to reason ably and put together
arguments in a logical manner. This is also an exercise on how to listen and formulate ideas and demonstrate
a broader understanding of certain issues. It gives the participants certain insights on other's opinions which
may be opposite to their own.
Duration/Frequency: 1-2 hours/ once a month
Participants: 20-30 residents, facilitator
Procedure:
1. Divide the group into two, according to gender or depending upon the topic for debate.
2. Assign a group for "pro" and the other as "con"
3. Choose the first speaker for each group. Each group is given 5 minutes to gather their thoughts on the
issue. Eachspeaker is given 2 minutes.
4. The "pro" is first to give their opinion on the issue for2 minutes. A rebuttal for 2 minutes is allotted for the
"con"group.
5. The exchange of opinions is allowed for a few minutes more Once the majority has spoken, the facilitator
will switch the stand so much so the "pro" will now become the "con" and vice versa.
6. After the activity, the facilitator will process how the group felt when they have to defend an issue which is
contrary to their beliefs and if they could see the reasonableness of the other's arguments? What have they
learned from the activity?
VOCATIONAL/SURVIVAL SKILLS
INTRODUCTION
The development of vocational and survival skills starts at the beginning of performance in job functions in the
TC Community which has substantial value to the individual. Its aim is not only to detain or confine residents
but also to challenge them to learn vocational skills for their reentry to the community. Vocational rehabilitation
Study Guide in IR 2 – INTEGRATED REVIEW (Forensic 1-6, CDI 1-9, CA 1-3 and CFLM 1 & 2)
Module No. 1
helps the individual to become less dependent, adapt himself and become more independent by making
positive changes
An attitude is a set of feelings, thoughts and disposition Attitudes determine how one act. Attitude stems from
the way one thinks, feels and behave. The ideas formed from one's thinking will be translated into feelings.
Thinking coupled with feelings will determine the reaction of an individual to certain situations. The person's
attitude will shape his ability to learn and absorb all the teachings inside the program.
It will design his willingness to take on responsibilities and develop oneself. An individual's attitude is relevant
to his development in the area of vocation and occupation. It speaks of his adaptability and flexibility to the
different tasks and functions. It will predetermine how he will later on perform in the hierarchical ladder. The
development of skills is inseparable with the other components of TC as each component plays a vital part in
the shaping of one's attitude.
Note: The set-up of the Hierarchical Structure depends upon the needs of the facility.
JOB FUNCTIONS
Participants: Residents
Duration/frequency: All year round based on jail schedule
Procedure:
Departmental Meeting is conducted weekly for assignment of tasks which will last for one week in rotation
basis within the department. Each team will be assigned one expediter to monitor the job function. Job
rotation will be primarily based on the progress, performance and capability of each resident. Promotion or
Study Guide in IR 2 – INTEGRATED REVIEW (Forensic 1-6, CDI 1-9, CA 1-3 and CFLM 1 & 2)
Module No. 1
demotion can happen during the process.
Coordinator On Duty (not part of the whole hierarchical structure, each coordinator takes turns to become
Coordinator of the Day)
1. He/she is designated as Coordinator of the Day to conduct inspection in cells, kitchen and other areas
where residents are allowed together with the staff on duty and the chief expediter.
2 Delegates tasks to other coordinators.
3. Under direct communication with the Chief Expediter.
4. Must always be aware and records all the events, incidences of the day to the logbook.
5. Must have direct link with Staff on Duty.
6. Responsible to disseminate information coming from the Staff or Director.
7. Evaluates or validate different incidences and seeks staff's acknowledgement.
Chief Expediter
1. Responsible for managing the daily function and activitiesof the community.
2. Delegates other responsibilities to the Asst. Chief Expediterand monitors every activity.
3. Oversees the schedule of the day.
4. Communicates with department heads in execution of jobfunctions.
5. Communicates with Coordinator of the Day on an hourlybasis.
Department Head
1. Conducts departmental meetings before job function.
2. Delegates specific tasks to team members and monitorsindividual conduct.
3. Monitors participation of members to activities of the program (Morning Meeting, Seminars and Group
Sessions)
4. Checks attendance and whereabouts of team members.
5. Attends department heads pre-evaluation meeting regardingjob change.
6. Recommends grants or denies team members' in-houserequests in the department head meeting.
7. Conducts post evaluation to residents regarding the result of their requests.
8. Screens team members' requests.
Department Crew
1. Responsible for carrying-out tasks, duties and responsibilities of their concerned departments.
Study Guide in IR 2 – INTEGRATED REVIEW (Forensic 1-6, CDI 1-9, CA 1-3 and CFLM 1 & 2)
Module No. 1
Expediting Team
1. Oversees the day-to-day affairs of the different departments.
2. Reports any incident in the TC facility and the overall attitude of the community.
3. In-charge of the attendance of the residents in groups.seminars, static, specialized groups.
4. Confronts attitudes around the house and make necessarysteps to address them through booking.
5. Coordinates with staff regarding announcements, activities, medications and court hearings for proper
information dissemination.
6. Coordinates with Coordinator on Duty and Medical Staff inattending to sick residents.
7. Prepare designated room assignments upon admission ofnew residents(Assign big brother/ sister).
8. Oversees activities of residents in the Learning Experiencestructure.
Kitchen Department
1. Prepares and cook food for daily consumption.
2. Maintains quality of food and dietary requirements of every menu.
3. Preserves sanitary working environment and maintains kitchen equipment property. 4. Manages quantity of
food servings to minimize wastage.
5. Prepares menu for special requirements and occasions. 6. Serves meals on time.
7. Ensures proper storage of food items to avoid spoilage and contamination.
8. Conducts regular health screening of kitchen workers 9. Maintains proper washing of dishes and kitchen
utensils and proper disposal of waste materials.
Housekeeping Department
1. Maintains the cleanliness of the cell area, mess hall, visitation area and visitor's comfort room.
2. Maintains inventory of housekeeping materials such as brooms, dustpans, rugs, floor wax, etc.
3. Provides proper storage of housekeeping materials.
Laundry Department
1. Assigns and schedules laundry time for every dorm.
2. Designates and maintains hanging area for washed clothing.
3. Collects the dried washed clothing and distributes to therespective dorms.
STAFF FUNCTIONS
Director
The Warden serves as the Director of the facility. He oversees all the activities in the program. He designates
staff to serve as Counselors. He makes final decisions as to what sanctions or learning experiences will be
meted out to erring residents.
Assistant Director
Study Guide in IR 2 – INTEGRATED REVIEW (Forensic 1-6, CDI 1-9, CA 1-3 and CFLM 1 & 2)
Module No. 1
This position is usually occupied by the Assistant Warden. He takes over the responsibilities in the absence of
the Director. He reports directly to the Director and assists him in the conduct of the latter's responsibilities.
Counselor
A staff is assigned as a Counselor for each department. The jail set up is unique as the Counselors take on
other responsibilities in addition. Due to the inadequate number of jail personnel, custodialofficers are
oftentimes assigned as Counselors. The Counselors are responsible for the conduct of the different activities
of TC on a daily basis. Each Counselor will monitor the activities of their respective departments. They will
conduct individual counseling and facilitate groups. They are present in the conduct of the different behavior
shaping tools. Instead of being the dominant figure, the Counselor's role is to bolster or enhance the
community as the primary change agent and build the community to function around the established
hierarchy.
LEARNING ACTIVITY 2
SUMMARY
Correctional Administration is the study and practice of a systematic management of jails or prisons and
other institutions concerned with the custody, treatment, and rehabilitation of criminal offenders. Correction
is a branch of the Criminal Justice System concerned with the custody, supervision and rehabilitation of
criminal offenders. As a process, it refers to the reorientation of the criminal offender to prevent him or her
from repeating his deviant or delinquent actions without the necessity of taking punitive actions but rather
the introduction of individual measures of reformation.
Non-institutional correction is also known as community-based correction refers to correctional activities that
may take place within the community. They are in the forms of Probation, Parole, Conditional Pardon,
Community works. Concept: Community-based corrections include all correctional activities that take place
in the community. It embraces any correctional activity in the community that directly addressed to the
offender and aimed at helping him to become a law-abiding citizen.
Study Guide in IR 2 – INTEGRATED REVIEW (Forensic 1-6, CDI 1-9, CA 1-3 and CFLM 1 & 2)
Module No. 1
REFERENCES
Apela. Renor N.et.al. 2019. Comprehensive Correctional Administration Handbook with Therapeutic
Modalities. Wiseman’s Books Trading, Inc