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STUDY GUIDE FOR MODULE NO. ___


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CORRECTIONAL ADMINISTRATION (CA) 1-3


MODULE OVERVIEW

This module is an integration of Correctional Administration (CA) 1-3 subjects particularly CA 1 -


Institutional Corrections, CA 2 - Non-Institutional Corrections, and CA 3 - Therapeutic Modalities.

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.

MODULE LEARNING OBJECTIVES

At the end of this module, the student should be able to:

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.

LEARNING CONTENTS (title of the subsection)

1.1. Institutional Corrections

CORRECTION ADMINISTRATION

I. Basic Definition of Terms:

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.

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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.

II. Correction and the Criminal Justice System


The Criminal Justice System is the machinery of any government in the control and prevention of
crimes and criminality. It is composed of the pillars of justice such as: the Law Enforcement Pillar (Police), the
Prosecution Pillar, the Court Pillar, the Correction Pillar, and the Community Pillar. Correction as one of the
pillars of Criminal Justice System is considered as the weakest pillar. This is because of its failure to deter
individuals in committing crimes as well as the reformation of inmates. This is evident in the increasing
number of inmates in jails or prisons. Hence, the need of prison management is necessary to rehabilitate
inmates and transform them to become law-abiding citizens after their release. Correction is the fourth pillar of
the criminal justice system. This pillar takes over once the accused, after having been found guilty, is meted
out the penalty for the crime he committed. He can apply for probation or he could be turned over to a non-
institutional or institutional agency or facility for custodial treatment and rehabilitation. The offender could avail
of the benefits of parole or executive clemency once he has served the minimum period of his sentence.
When the penalty is imprisonment, the sentence is carried out either in the municipal, provincial or national
penitentiary depending on the length of the sentence meted out.

III. Historical Perspective on Corrections

Important Dates and Events in the History of Corrections:

13th Century – Securing Sanctuary


In the 13th C, a criminal could avoid punishment by claiming refugee in a church for a period of 40
days at the end of which time he has compelled to leave the realm by a road or path assigned to him.
1468 (England) – Torture as a form of punishment became prevalent.
16th Century – Transportation of criminals in England, was authorized. At the end of the 16 th C, Russia and
other European Countries followed this system. It partially relieved overcrowding of prisons. Transportation
was abandoned in 1835.
17th C to late 18th C – Death Penalty became prevalent as a form of punishment.

Reasons why Death Penalty became the usual


Punishment during this period and thereafter:
1. Death of outlaws became a “protection for the English people”. It is because the people during this
period did not totally believe yet in the ability to a strong police force to combat criminals.
2. People lack confidence in the transportation of criminals. Gaols and Galleys became center of
corruption and ineffective instruments of punishment.
3. Doctrine of Crude Intimidation appeared or seemed to be a logical form of threat in order to deter or
prevent the people from violating the law.
4. The assumption was that, the Ruling Class is tasked to protect property rights and maintain public
peace and order. The system of maintaining public order had little consideration or it did not recognize
the social and economic condition of the lower working class. The lawmakers and enforcers used
death penalty to cover property loss or damage with out further contemplating the value of life of other
people.

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GAOLS - (Jails) – pretrial detention facilities operated by English Sheriff.


Galleys – long, low, narrow, single decked ships propelled by sails, usually rowed by criminals. A type of ship
used for transportation of criminals in the 16th century.
Hulks – decrepit transport, former warships used to house prisoners in the 18 th and 19th century. These were
abandoned warships converted into prisons as means of relieving congestion of prisoners. They were also
called “floating hells”.

The Primary Schools of Penology

1. The Classical School


o it maintains the “doctrine of psychological hedonism” or “free will”. That the individual calculates
pleasures and pains in advance of action and regulates his conduct by the result of his calculations.
2. The Neo-classical School
o it maintained that while the classical doctrine is correct in general, it should be modified in certain
details. Since children and lunatics cannot calculate the differences of pleasures from pain, they
should not be regarded as criminals, hence they should be free from punishment.
3. The Positivist/Italian School
o the school that denied individual responsibility and reflected non-punitive reactions to crime and
criminality. It adheres that crimes, as any other act, is a natural phenomenon. Criminals are
considered as sick individuals who need to be treated by treatment programs rather than punitive
actions against them.

The Primitive Society


o In the beginning of civilization, acts are characterized by behavioral controls categorized as: forbidden
acts, accepted acts, and those acts that are encouraged.
o Crimes, violence, rebellious acts and other acts, which are expressly prohibited by the society, fall as
forbidden acts. Accepted acts are those that can be beneficial to the welfare of the society such as
early traditions and practices, folkways, norms, those that are controlled by social rules, and laws.
o Encourage acts are anything approved by the majority which is believed to be beneficial to the
common good. These things include marrying, having children, crop production, growing food, etc
o Punishment is required when those who intend to violate the rules do not comply with these practices.
o The complex society gradually evolved changing the social rules into a more structured sanctions to
prevent the violations of those rules essential to group survival. These sanctions have been codified
into written rules or laws. And the reward for obeying those laws is simply the ability to function as a
respected and productive member of society.

Redress (Compensation) of a wrong act

Retaliation (Personal Vengeance)


o the earliest remedy for a wrong act to any one (in the primitive society). The concept of personal
revenge by the victim’s family or tribe against the family or tribe of the offender, hence “blood feuds”
was accepted in the early primitive societies.

Fines and Punishment


o Customs has exerted effort and great force among primitive societies. The acceptance of vengeance
in the form of payment (cattle, food, personal services, etc) became accepted as dictated by tribal
traditions. As tribal leaders, elders and later kings came into power, they begun to exert their authority
on the negotiations. Wrongdoers could choose to stay away from the proceedings (Trial by ordeal) but
if they refuse to abide by the law imposed, they will be declared to be an outlaw.

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,

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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)

1. Babylonian and Sumerian Codes

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.

2. Roman and Greek Codes


a. Justinian Code– 6th C A.D., Emperor Justinian of Rome wrote his code of law.
o An effort to match a desirable amount of punishment to all possible crimes. However, the law did not
survive due to the fall of the Roman Empire but left a foundation of Western legal codes.
The Twelve Tables (XII Tabulae), (451-450 BC)
 represented the earliest codification of Roman law incorporated into the Justinian Code. It is the
foundation of all public and private law of the Romans until the time of Justinian. It is also a
collection of legal principles engraved on metal tablets and set up on the forum.
b. Greek Code of Draco
 In Greece, the Code of Draco, a harsh code that provides the same punishment for both citizens
and the slaves as it incorporates primitive concepts (Vengeance, Blood Feuds).
 The Greeks were the first society to allow any citizen to prosecute the offender in the name of the
injured party.
3. The Burgundian Code (500 A.D)
o specified punishment according to the social class of offenders, dividing them into: nobles, middle
class and lower class and specifying the value of the life of each person according to social status.

Early Codes (Philippine Setting)


The Philippines is one of the many countries that cane under the influence of the Roman Law. History
has shown that the Roman Empire reached its greatest extent to most of continental Europe such as Spain,
Portugal, French and all of Central Europe. Eventually, the Spanish Civil Code became effective in the
Philippines on December 7, 1889, the “Conquistadores” and the “Kodigo Penal” (The Revised Penal Code
today, 1930) was introduced by the Spaniards promulgated by the King of Spain. Basically, these laws
adopted the Roman Law principles (Coquia, Principles of Roman Law, 1996). Mostly tribal traditions, customs
and practices influenced laws during the Pre-Spanish Philippines.

There was also a law that was written which includes:

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.

Early prisons in the Philippines:

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

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as the Manila City Jail, famous as the “ May Halique Estate”.

IV. THE EMERGENCE OF SECULAR LAW


4th A.D. - Secular Laws were advocated by Christian philosophers who recognizes the need for
justice. Some of the proponents these laws were St. Augustine and St. Thomas Aquinas.

Three Laws were distinguished:


1. External Law (Lex Externa)
2. Natural Law (Lex Naturalis)
3. Human Law (Lex Humana)
All these laws are intended for the common good, but the Human law only become valid if it does not conflict
with the other two laws.

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.

Ancient Forms of Punishment:


1. Death Penalty
o affected by burning, beheading, hanging, breaking at the wheels, pillory and other forms of medieval
executions.
2. Physical Torture
o affected by maiming, mutilation, whipping and other inhumane or barbaric forms of inflicting pain.
3. Social Degradation
o putting the offender into shame or humiliation.
4. Banishment or Exile
o the sending or putting away of an offender which was carried out either by prohibition against coming
into a specified territory such as an island to where the offender has been removed.
5. Other similar forms of punishment like transportation and slavery.

Early Forms of Prison Discipline:


1. Hard Labor - productive works.
2. Deprivation – deprivation of everything except the bare essentials of existence
3. Monotony – giving the same food that is “off” diet, or requiring the prisoners to perform drab or boring
daily routine.
4. Uniformity – “ we treat the prisoners alike”. “ the fault of one is the fault of all”.
5. Mass Movement – mass living in cell blocks, mass eating, mass recreation, mass bathing.
6. Degradation – uttering insulting words or languages on the part of prison staff to the prisoners to
degrade or break the confidence of prisoners.
7. Corporal Punishment – imposing brutal punishment or employing physical force to intimidate a
delinquent inmate.
8. Isolation or Solitary Confinement – non-communication, limited news, “the lone wolf”.

Contemporary Forms of Punishment:

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.

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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.

VI. THE AGE OF ENLIGHTENMENT


18th Century is a century of change. It is the period of recognizing human dignity. It is the movement
of reformation, the period of introduction of certain reforms in the correctional field by certain person, gradually
changing the old positive philosophy of punishment to a more humane treatment of prisoners with innovational
programs.

The Pioneers:

1. William Penn (1614-1718)


o He fought for religious freedom and individual rights.
o He is the first leader to prescribe imprisonment as correctional treatment for major offenders.
o He is also responsible for the abolition of death penalty and torture as a form of punishment.

2. Charles Montesiquieu (Charles Louis Secondat, Baron de la Brede et de Montesiquieu)(1689- 1755)


o A French historian and philosopher who analyzed law as an expression of justice. He believe that
harsh punishment would undermine morality and that appealing to moral sentiments as a better
means of preventing crime.

3. VOLTAIRE (Francois Marie Arouet) (1694- 1778)


o He was the most versatile of all philosophers during this period. He believes that fear of shame was a
deterrent to crime. He fought the legality-sanctioned practice of torture.

4. Cesare Bonesa, Marchese de Beccaria (1738-1794)


o He wrote an essay entitled “An Essay on Crimes and Punishment”, the most exiting essay on law
during this century. It presented the humanistic goal of law.
5. Jeremy Bentham (1748-1832)
o the greatest leader in the reform of English Criminal law. He believes that whatever punishment
designed to negate whatever pleasure or gain the criminal derives from crime; the crime rate would
go down. Bentham was the one who devise the ultimate PANOPTICAN PRISON – a prison that
consists of a large circular building containing multi cells around the periphery. It was never built.

6. John Howard (1726 – 1790)


o the sheriff of Bedsfordshire in 1773 who devoted his life and fortune to prison reform. After his
findings on English Prisons,
o he recommended the following: single cells for
sleeping - segregation of women - segregation of youth - provision of sanitation facilities - abolition of
fee system by which jailers obtained money from prisoners.

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The Reformatory Movement:

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

A. The Auburn Prison System


o the prison system called the “Congregate System”.
o The prisoners are confined in their own cells during the night and congregate work in shops during
the day. Complete silence was enforced.

B. The Pennsylvania Prison System


o the prisons system called “Solitary System”.
o Prisoners are confined in single cells day and night where they lived, they slept, they ate and receive
religious instructions. Complete Silence was also enforced. They are required to read the Bible.

VII. PENALTY and THE MODERN PERIOD OF CORRECTION


PENALTY is defined as the suffering inflicted by the state against an offending member for the
transgression of law.

Juridical Conditions of Penalty

Punishment must be:


1. Productive of suffering – without however affecting the integrity of the human personality.
2. Commensurate with the offense – different crimes must be punished with different penalties (Art. 25,
RPC).
3. Personal – the guilty one must be the one to be punished, no proxy.
4. Legal – the consequence must be in accordance with the law.
5. Equal – equal for all persons.
6. Certain – no one must escape its effects.
7. Correctional – changes the attitude of offenders and become law-abiding citizens.

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.

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The modern Period of Correction


Modern Penal Management incorporates general principles of treating offenders that are based on
humane practices such as the following:
1. Jail or Prison rules shall be applied impartially without discrimination on ground of race, color,
language, religion or other opinion, national or social origin, property, birth or other status.
2. The religious beliefs and moral precepts not contrary to law, which a prisoner holds, must be
respected.
3. Prison or Jail rules and regulations shall be applied with firmness but tempered with understanding.
4. Custodial force shall, at all times, conduct themselves as good examples.
5. Abusive or indecent language to prisoners shall not be used.
6. Special care towards inmates shall be practiced preventing humiliation or degradation.
7. No use of force must be made by any of the custodial force, except in self-defense or attempt to
escape or in case of passive physical resistance to a lawful order.
8. Custodial force shall bear in mind that prisoners are sick people who need treatment.

THE PHILIPPINE PRISON SYSTEM

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

a. National Bilibid Prisons (Muntinlupa, Rizal)


1. New Bilibid Prisons (Main Building)
2. Camp Sampaguita
3. Camp Bukang Liwayway

b. Reception and Diagnostic Center (RDC)


c. Correctional Institution for Women (Mandaluyong)
d. The Penal Colonies:
1. Sablayan Penal Colony and Farm (Occ. Mindoro)
2. Iwahig Penal Colony and Farm (Palawan)
3. Davao Penal Colony and Farm (Central Davao)
4. San Ramon Penal Colony and Farm (Zamboanga)
5. Ilo-Ilo Penal Colony and Farm (Ilo-Ilo Province)
6. Leyte Regional Prison (Abuyog Leyte)

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 –

General Classification of Prisoners

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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.

Classification of Sentenced Prisoners:


1. Insular or National Prisoners
o Those sentenced to suffer a term of sentence of 3 years and 1 day to life imprisonment.
o Those sentenced to suffer a term of imprisonment cited above but appealed the judgement and
unable to file a bond for their temporary liberty.
2. Provincial Prisoners
o Those persons sentenced to suffer a term of imprisonment from 6 months and 1 day to 3 years or a
fine not more than 1,000 pesos, or both; or
o Those detained therein waiting for preliminay investigation of their cases cognizable by the RTC.
3. City Prisoners
o Those sentenced to suffer a term of imprisonment from 1 day to 3 years or a fine of not more than
1,000 pesos or both.
o Those detained therein whose cases are filed with the MTC.
o Those detained therein whose cases are cognizable by the RTC and under Preliminary Investigation.
4. Municipal Prisoners
o Those confined in Municipal jails to serve an imprisonment from 1 day to 6 months.
o Those detained therein whose trials of their cases are pending with the MTC.

Classification of Prisoners According to Degree of Security:

1. Super Maximum Security Prisoners


o A special group of prisoners composed of incorrigible, intractable, and highly dangerous persons who
are the source of constant disturbances even in a maximum security prison.
o They wear orange color of uniform.
2. Maximum Security Prisoners
o The group of prisoners whose escape could be dangerous to the public or to the security of the state.
o It consist of constant troublemakers but not as dangerous as the super maximum-security prisoners.
Their movements are restricted and they are not allowed to work outside the institution but rather
assigned to industrial shops with in the prison compound.
o They are confined at the Maximum Security Prison (NBP Main Building), they wear orange color of
uniform.
o Prisoners includes those sentenced to serve sentence 20 years or more, or those whose sentenced
are under the review of the Supreme Court, and offenders who are criminally insane having severe
personality or emotional disorders that make them dangerous to fellow offenders or staff members.
3. Medium Security Prisoners
o Those who can not be trusted in open conditions and pose lesser danger than maximum-security
prisoners in case they escape.
o It consist of groups of prisoners who maybe allowed to work outside the fence or walls of the penal
institution under guards or with escorts.
o They occupy the Medium Security Prison (Camp Sampaguita) and they wear blue color of uniforms.
Generally, they are employed as agricultural workers.
o It includes prisoners whose minimum sentence is less than 20 years and life-sentenced prisoners who
served at least 10 years inside a maximum security prison.
4. Minimum Security Prisoners
o A group of prisoners who can be reasonably trusted to serve sentence under “open conditions”.
o This group includes prisoners who can be trusted to report to their work assignments without the
presence of guards.
o They occupy the Minimum Security Prison (Camp Bukang Liwayway) and wear brown color uniforms.

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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.

II. Provincial Jails


o Provincial Jails in the Philippines are not under the jurisdiction of the Bureau of Corrections. They are
managed and controlled by the provincial government.

III. Bureau of Jail Management and Penology (BJMP)


o The BJMP exercises supervision and control over all cities and municipal jails throughout the country.
The enactment of Republic Act no. 6975 created the BJMP. It operates as a line bureau under the
Department of the Interior and Local Government (DILG).

Mission of the BJMP


o The Jail Bureau shall direct, supervise and control the administration and operation of all district, city
and municipal jails to effect a better system of jail Management nationwide.

Objectives of the BJMP:


1. To improve the living conditions of the offenders in accordance with the accepted standards set by the
United Nations.
2. To enhance rehabilitation and reformation of offenders in preparation for their eventual reintegration
into the mainstream of society upon their release.
3. To professionalize jail services.

Principles of the BJMP:

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.

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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.

Powers, Functions and Organization of the BJMP

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.

C. Organization and Key Positions in the BJMP:


The BJMP, also referred to as the Jail Bureau, was created pursuant to Section 60, R.A. no. 6975,
and initially consisting of uniformed officers and members of the Jail management and Penology service as
constituted under P.D. no. 765.
The Bureau shall be headed by a chief with the rank of Director, and assisted by a Deputy Chief with
the Rank of Chief Superintendent.
The Central Office is the Command and Staff HQ of the Jail Bureau composed of 3 Command
Groups, 6 Coordinating Staff Divisions, 6 Special Staff Groups and 6 Personal Staff Groups namely:

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

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- 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.

City and Municipal Office:


o In the City and Municipal level, a city or municipal Warden shall head each jail.

Rank Classification of the BJMP:

RANK POSITION/TITLE APPOINTING AUTHORITY


Director Chief of the BJMP Secretary of DILG
C/ Supt. Deputy C/BJMP same
Sn. Supt. Asst. Regional Dir. same
Supt. Asst. Regional Dir. same
Chief Insp. Warden Under Secretary
Sn. Insp. Warden same
Inspector Warden same
SJO 4 to Jail Guards Chief of the BJMP
JO1

Duties and Responsibilities:

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:

1. Intelligence and Investigation Team


o It gathers, collates and submits intelligence information to the office of the warden on matter regarding
the jail condition.
2. Jail Inspectorate Section
o Inspect jail facilities, personnel, prisoners and submit reports to the warden.

3. Public Relation Office


o Maintain public relation to obtain the necessary and adequate public support.

B. ASSISTANCE WARDEN
o The office of the Assistant Warden undertakes the development of a systematic process of treatment.

o Chairman of the Classification Board and Disciplinary Board.

C. ADMINISTRATIVE GROUPS
 The administrative groups take charge of all administrative functions of the jail bureau.
1. Personnel Management Branch
 Assignment of personnel

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 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.

E. REHABILITATION PURPOSES GROUPS:


o This group provides services and assistance to prisoners and their families to enable them to solve
their individual needs and problems arising from the prisoners’ confinement.
1. Medical and Health Services Branch
 Provides medical and physical examinations of inmates upon confinement, treatment of sick inmates
and conduct medical and physical examinations and provide medicines or recommends for the
hospitalization of seriously ill prisoners or inmates. It also conducts psychiatric and psychological
examinations.
2. Work and Education Therapy Services
 It take charge of the job and educational programs needed for rehabilitation of inmates by providing
them job incentives so they can earn and provide support for their families while in jail.
3. Socio- Cultural Services
 It takes care of the social case work study of the individual prisoners by making interviews, home
visits, referral to community resources, free legal services, and liaison works for the inmates.
4. Chaplaincy Services
 It takes charge of the religious and moral upliftment of the inmates through religious services. This
branch caters to all religious sects.
5. Guidance and Counseling Services
 Responsible for the individual and group counseling activities to help inmates solve their individual
problems and to help them lead a wholesome and constructive life.

THE RECEPTION AND DIAGNOSTIC CENTER (RDC)


This is a special unit of prison (Camp Sampaguita) where new prisoners undergo diagnostic
examination, study and observation for the purpose of determining the programs of treatment and training
best suited to their needs and the institution to which they should be transferred.

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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.

THE QUARANTINE CELL OR UNIT


This may be a unit of the prison or a section of the RDC where the prisoner is given thorough physical

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.

ADMISSION PROCEDURES IN PRISON


1. RECEIVING
o the new prisoner is received at the RDC. The new prisoner usually comes from a provincial or city jail
where he was immediately committed upon conviction by the court, and escorted by the escort
platoon during his transfer to the National Prison.
2. CHECKING OF COMMITMENT PAPERS

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

A. The Institutionalized Treatment Programs


1. Prison Education – the cornerstone of rehabilitation. It is the process or result of formal training in school
or classrooms intended to shape the mind and attitude of prisoners towards good living upon their release.
2. Work Programs – these are programs conducive to change behavior in morale by training prisoners for a
useful occupation. It is purposely to eliminate idleness on the part of prisoners, which may contribute to
“Prison stupor”, and it affects the incidence of Prison riot.
3. Religious Services in Prison - The purpose of this program is to change the attitudes of inmates by
inculcating religious values or belief.
4. Recreational Programs - The only program that is conducted during free time schedule.
5. Medical and Health Services - Medical and health services includes: Mental and physical examination -
Diagnosis and treatment – Immunization – Sanitary - inspections - Participation in training
6. Counseling and Casework

B. Community-Based Treatment Programs

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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,

which shall exercises general supervision over all probationers.

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.

The Board of Pardons and Parole (BPP)


o A quasi-judicial body which was created under Act no. 4103 otherwise known as the Indeterminate
Sentence Law or the Parole Law, the agency that grants parole to any prisoner who is qualified to
enjoy its benefit.
o It employs the service of Parole Officers in providing supervision and guidance to parolees.
Who are disqualified for Parole?
1. Those prisoners who are sentenced with capital punishment or life imprisonment,
2. Those who are convicted of treason, conspiracy or proposal to commit treason, misprision of treason,
rebellion, sedition or piracy,
3. Habitual Offenders,
4. Those who escaped from confinement or evaded sentence,
5. Those who have been granted with conditional pardon but violated the terms and conditions thereof,
and
6. Those prisoners who are serving a maximum term of imprisonment not exceeding one year.

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.

Distinction of Parole from Probation

Parole Probation
An administrative function exercised It is a judicial function by the executive branch
of government

Granted to a prisoner only after he has served Granted to an offender


minimum of his sentenced Immediately after conviction in prison

. It is an extension of institutional It is a substitute for imprisonment.

It is granted by the BPP It is granted by the court

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. Parolee is supervised by a Parole Officer Probationer is supervised by a Probation Officer.

Forms of Executive Clemencies

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.

Two Kinds of Pardon


a. Conditional Pardon – a pardon given with requirements attached.
b. Absolute Pardon – a pardon given without any condition attached.

Can the Offended Party grant Pardon?


- Yes, the offended party can grants pardon.

Distinction of the pardon by the Offended Party


And Pardon Granted by the President
1. Pardon granted by the Chief Executive extinguishes the criminal liability of the offender, but not in the
pardon granted by the offended party.
2. Pardon granted by the Chief Executive does not include civil liability, which the offender must pay, while
pardon granted by the offended party can waive the civil liability, which the offender must pay.
3. Pardon granted by the offended party should be given before the prosecution of the criminal action,
whereas pardon by the Chief Executive may be extended to any of the offenders after conviction.

Distinction between Amnesty and Pardon

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.

INSTITUTIONAL CUSTODY, SECURITY AND CONTROL

I. Diversification: Concept and Importance

 Diversification is an administrative device of correctional institutions of providing varied and flexible


types of physical plants for the more effective custody, security and control of the treatment programs
of its diversified population.
II. The Classification Process

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 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.

III. PRISON Security, Custody and Control


Security
 It involves safety measures to maintain the orderliness and discipline with in the jail or prison.

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.

PENAL PROVISIONS ON CORRECTION

I. Philippine Correctional Philosophies and their Legal Basis

A. The Philippine Constitution of 1997


1. The state values the dignity of every human person and guarantees full respect for human rights.
(Sec 11, Art. II)
2. No person shall be detained solely by reason of his political beliefs and aspirations. (Sec 18 (1), Art.
III)
3. No involuntary servitude in any form shall exist except as a punishment for a crime whereof the party
shall have been fully convicted. (Sec. 18 (2), Ibid.)
4. Excessive fines shall not be imposed, nor cruel, degrading or inhuman punishment inflicted. x x x
(Sec. 19 (2). Ibid.)
5. The employment of physical, psychological, or degrading punishment against any prisoner or the use
of substandard or inadequate penal facilities under subhuman conditions shall be dealt by law.
(Sec.19 (2), Ibid.)

B. The Revised Penal Code


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

C. The Philippine Probation Law (P.D. No. 968)


 one of the major goals of the government is to established a more enlightened and humane
correctional system that will promote the reformation of offenders and thereby reduce the incidence of
recidivism.
 the confinement of all offenders in prisons and other institutions with rehabilitation programs
constitutes an onerous drain on the financial resources of the country.
 there is a need to provide a less costly alternative to the imprisonment of the offenders who are likely
to respond to individualized, community-based treatment programs.

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

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


a) To segregate from society a person who by his acts has proven himself a danger to the free
community;

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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)

II. Penal Provisions

Delay in the Delivery of Detained Persons to the Proper Judicial Authorities.


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

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


18 hours– for crimes or offenses punishable by correctional penalties,
36 hours– for crimes or offenses punishable by afflictive or capital penalties.
The crime of Arbitrary Detention is committed when the detention of a person is without legal ground.
The legal ground of detention are : a) commission of a crime and b) violent insanity or other ailment
requiring compulsory requirement.

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

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


Elements:
a) The offender is a private individual,
b) He removes a person confined in jail or a penal institution or helps in the escape of such person,
c) The means employed are violence, intimidation, bribery or any other means.
The prisoner maybe a detention or sentenced prisoner and the offender is an outsider to the jail. If the
offender is a public officer or a private person who has the custody of the prisoner and who helps a prisoner
under his custody to escape, the felony is Conniving with or Consenting to Evasion (Art. 223) and Escape of a
Prisoner under the custody of a person not a public officer (Art. 225) respectively. This offense like other
offenses of similar nature may be committed through imprudence or negligence.

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

1. Evasion of Service under Art 157, RPC


Elements:
a) Offender is a prisoner serving sentence involving deprivation of liberty by reason of final judgement.
b) He evades the service of his sentence during the term of his imprisonment.
This felony is qualified when the evasion takes place by breaking doors, windows, gates, roofs or
floors; using picklocks, false keys, disguise, deceit, violence, intimidation or; connivance with other convicts or
employees of the penal institution. (Jail breaking is synonymous with evasion of sentence).

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


or Other Calamities (Art. 158, RPC)
Elements:
a) Offender is a prisoner serving sentence and is confined in a penal institution.
b) He evades his sentence by leaving the institution.
c) He escapes on the occasion of a disorder due to conflagration, earthquake, explosion, or similar
catastrophe or mutiny in which he has not participated, and
d) He fails to give himself up to the authorities with in 48 hours following the issuance of a proclamation by the
Chief Executive regarding the passing away of the calamity.
A special time allowance for loyalty shall be granted. A deduction of one-fifth of the period of the
sentence of any prisoner who evaded the service of sentence under the circumstances mentioned above. The
purpose of the law in granting a deduction of one-fifth (1/5) of the period of sentence is to reward the convict’s
manifest intent of paying his debts to society by returning to prison after the passing away of the calamity.
Whenever lawfully justified, the Director of Prisons (Bureau of Corrections) shall grant allowance for good
conduct and such allowances once granted shall not be revoked.
3. Other cases of Evasion of Service of Sentence (Art. 159, RPC)

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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)

Other Offenses or Irregularities by Public Officers


Maltreatment of Prisoner (Art. 235, RPC)
Elements:
a) Offender is a public officer or employee,
b) He overdoes himself in the correction or handling of such prisoner by imposition of punishment not
authorized by regulation or by inflicting such punishment in a cruel and humiliating manner.
The felony of Physical Injuries if committed if the accused does not have the charge of a detained prisoner
and he maltreats him. And if the purpose is to extort a confession, Grave Coercion will be committed.

III. Good Conduct Time Allowance (GCTA)


o Good conduct time allowance is a privilege granted to a prisoner that shall entitle him to a deduction
of his term of imprisonment.
Under Art.97, RPC, the good conduct of any prisoner in any penal institution shall entitle him to the following
deduction from the period of his sentence:
1. During the first two years of his imprisonment, he shall be allowed a deduction of 5 days for each
month of good behavior.
2. During the third to the fifth years of his imprisonment, he shall be allowed a deduction of 8 days each
month of good behavior.
3. During the following years until the tenth years of his imprisonment, he shall be allowed a deduction of
10 days each month of good behavior.
4. During the eleventh and the successive years of his imprisonment, he shall be allowed a deduction of
15 days each month of good behavior.

COMMUNITY BASED CORRECTIONS


Its Concepts
Community based corrections include all correctional activities that take place in the community.
Community based Correctional program embrace any activity in the community directly addressed to the
offender and aimed at helping him to become a law – abiding citizen. Such a program maybe under official of
private auspices. It may be administered by correctional agency directly or by non-correctional service. It may
be provided on direct referral from a correctional agency or on referral from another element of the criminal
justice system such as the police or courts. It may call changing the offender through some combination of
services, for controlling him by surveillance, or for reintegrating him into the community by placing him in a
social situation in which he can satisfy his requirements without law violations. A community-based program
embrace system or any combination of these process.
Community-based Corrections would be a better substitute for the traditional institutional corrections.
Researches have shown that no form of treatment or combinations of treatments have proven effective in
reducing the repetition of the crime and delinquency or imprisonment, even under the best possible
condition, is debilitating and self-defeating, because of the nature of compulsory confinement to
discourage intimacy suppress the expression of aggression, and prevent the assumption of responsibility;
and the stigma of imprisonment, a persistent disqualifying mark for prisoners after release. Moreover, the
occurrence of prison violence, whether sexual or non – sexual assaults; and economic, psychological and
social victimization helped to support the conclusion that there must be a better way of correcting
criminals. The community is the only place in which the correctional process can be successfully
completed. Just as the community provided the original setting for the crime, so it must provide the
ultimate testing ground for the rehabilitation process. It view of this, all the resources of the community
need to be mobilized to help offenders restore family ties, obtain employment and education and discover
their place in society. The institution should be the last resort for correctional problems.

Three “Revolutions” in the History of Corrections

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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.

TYPES OF PRE – TRIAL DIVERSION


a. Dispute – Resolution Programs – Are mediation programs which seek to help antagonistic parties
resolve their disputes in face-to-face confrontations as soon after the act that caused the criminal
complaint as possible. The goals of these programs are:
1. To speed justice to those who have been involved in minor criminal conduct;
2. To reduce the court backlog;
3. To ease interpersonal tensions in the community;
4. To provide a form for citizens that will not interfere with their jobs; and
5. To remove the stigma of an arrest record for those involved in minor personal disputes.
b. Deferred Prosecution – Operates in one or two ways;
1. When an offender is arrested, he or she may be screened according to a number of pre-
established criteria to determine if the problem can be handled through a formal diversionary
program; if so, project staff will explain the program to the accused offender, and if the offender is
willing to participate in the program, the court will be asked to defer formal charging. Prosecutors
are usually willing to dismiss the criminal charges for those offenders who successfully complete
their diversionary programs.
2. Under the second model, formal charges are lodged before defendants are screened for their
eligibility for diversionary programs. If the court and the offender agree, criminal proceedings are
suspended pending the outcome of the findings and conclusions of the program. A successful
solution through the program ensures that formal charges are dropped; failure results in formal
criminal charges.
c. Treatment Alternatives to Street Crime (TASC)
These are designed to divert drug abusers away from the criminal justice system and into jurisdiction
of agencies offering specialized support services.
TASC is centered around (1) a screening unit which attempts to identify the drug users entering the
criminal justice system and to offer the program to those offenders who are eligible under locally
determined criteria; (2) and intake unit which diagnose each offender referred to it and recommends the
appropriate treatment program; (3) and a tracking unit which constantly monitors the progress of its
clients. Those violating the locally determined success – failure criteria are returned to the criminal justice
system for appropriate actions.
PRE TRIAL RELEASE
Pre - trial release permits the release of defendants from jail prior to trial. It offers a series of options that
provides varying levels of supervision and services and can be offered at points increasingly? Deeper?
Into the criminal justice system.
FORMS OF PRE – TRIAL RELEASE
Pre – Booking Release
Kinds of Pre – Booking Release
1. Fields Citation – This is discretionary method of diverting some of the pre-arraignment population back
into the community at the point of arrest, and is effected by an arresting officer who has the option of releasing
of the spot any misdemeanant who does not demand to be taken immediately before the court, and the date
of initial hearing is set for at least five days following the arrest.
2. Station House Citation – Occurs after a police officer has transported a misdemeanant to a police station,
where the information provided by the arrested person is verified. It permits the police officer to make a
decision on the basis of valid information, avoids pre-arraignment, and derives the misdemeanant of less
liberty than if she or he is booked.

Post Booking Release

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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.

A. Innovative Programs Introduced in Corrections


1. Chicago Area Project – founded by Clifford R. Shaw, is a delinquency prevention programs, and the first
organized program in the U.S. to use workers to establish direct and personal contact with the “unreached”
boys to help them find their way back to acceptable norm of conduct. Its procedural principles are:
a. Development of youth welfare organizations among residents of delinquency areas;
b. Employment of so-called indigenous workers whenever possible;
c. Fostering and preservation of the independence of these group.
2. Cambridge – Somerville Study – was the first relatively rigorous attempt to test the effectiveness of
individual counseling with troublesome school boys who were regarded by the teachers as headed for
delinquent careers. The approach was friendly rather than professional. This consisted in watching two groups
of delinquent boys, one group was to be let alone, thus serving as a “control” to the other experimental or
“treated” group. The outbreak of war however, forced to restrict the period of operation of the study.
3. Synanon House – is a communal, voluntary setting for drug addicts, which is a private project devoted to
the communal rehabilitation of narcotic addicts. Former drug addicts live and work together in a state of total
abstinence from drugs.
Newly arrived addicts are restricted to Synanon property, participating in general housekeeping and
maintenance chores, which is known as the “first stage”. As the resident hopefully matures and gathers
strength, he “graduates to the “second stage” during which he works outside of Synanon and returns which is
the evenings. In the “third stage” which is the final one, they former addict lives outside of Synanon and
returns for occasional meetings.
During his residence at Synanon, the addict participates in thrice-weekly leaderless group therapy sessions
patterned after those employed by Alcoholics Anonymous. The group sessions most sharply focus on the
primary principles of group-supported attention which runs through the entire program of activities. Synanon’s
most valuable tool is the mutual, continuous, day-to-day reinforcement among residents of the will and
intention o keep off drugs.
4. PORT Programs – PORT is an acronym for probationed Offenders Rehabilitation and Training, established
in Rochester, Minnesota, is a live-in, community – based, community directed treatment program for both
adults and juveniles. The care of its treatment program is a combination of group treatment and behavior
modification. The individual arriving at the institution is launched from the bottom level of five stage
classification system which proceed from minimal to maximal freedom. (Maximal freedom is freedom

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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.

FOUR KEY – Citizen Roles in Corrections


1. Correctional Volunteer – Volunteers should be willing to assume responsibility, more or less formalized
for working directly with offenders.
2. Social Persuaders – This is done by a person of influence in the dominant social system who is willing to
persuade others to support corrections and its program. This is valuable in bidding for legislative support.
3. Gatekeepers of Opportunity – The custodians of access to important social institutions such as
employers, school administrators, and welfare directors must be asked to participate and support correctional
programs.
4. Intimates – peer groups on a non-official basis; correctional agents could work with community workers in
dealing with traditional peer groups.
B. Basic Principles Underlying the Philosophy of Community – Based Corrections
1. All efforts consistent with the safety of other should be made to reduce involvement of the
individual offender with the institutional aspects of corrections.
2. Need for extensive involvement with the multiple aspects of the community, beginning with the
offender and his world and extending to the larger social system.
3. Community-based Corrections demand radically new roles for inmates, staff, and citizens.
C. Significance of Community – Based Corrections
1. Humanitarian Aspect – to subject anyone to custodial coercion is to place him in physical
leopard, to narrow drastically his access to sources of personal satisfaction and to reduce self-
esteem.
2. Restorative Aspect – Concerns measure expected to achieve for the offender a position in the
community in which he does not violate the laws. There measures may be directed at change,
control or reintegration; the failure of offenders to achieve these goals can be measured by
recidivism, and their success is defined by reasoning specific objectives set by correctional
decision makers.
3. Managerial Aspects – are of special importance because of the sharp contrast between the per
capital costs of custody and any kind of community program. When offenders can be shifted from
custodial control to community – based programming without loss of public protections, the
managerial criteria require that such shift be made.

RESIDENTIAL DECREE No. 968 July 24, 1976


ESTABLISHING A PROBATION SYSTEM, APPROPRIATING FUNDS THEREFOR AND FOR OTHER
PURPOSES
WHEREAS, one of the major goals of the government is to establish a more enlightened and humane
correctional systems that will promote the reformation of offenders and thereby reduce the incidence of
recidivism;
WHEREAS, the confinement of all offenders prisons and other institutions with rehabilitation
programs constitutes an onerous drain on the financial resources of the country; and
WHEREAS, there is a need to provide a less costly alternative to the imprisonment of offenders who are likely
to respond to individualized, community-based treatment programs ;
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers
vested in me by the Constitution, do hereby order and decree the following:
Section 1. Title and Scope of the Decree. This Decree shall be known as the Probation Law of 1976. It shall
apply to all offenders except those entitled to the benefits under the provisions of Presidential Decree
numbered Six Hundred and three and similar laws.
Section 2. Purpose. This Decree shall be interpreted so as to:
(a) promote the correction and rehabilitation of an offender by providing him with individualized
treatment;

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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.

1.2. Non-Institutional Corrections

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.

TWO (2) FORMS OF CORRECTION

1. Institutionalized Correction – The rehabilitation of offenders in jail or in prison.

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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.

 Recognizance – This is an OLDER method of suspending or deferring judgment, FOR GOOD


BEHAVIOR. This was based in an ancient practice developed in England in the 14 th century. It originated
as a MEASURE OF PREVENTIVE JUSTICE, INVOLVING AN OBLIGATION OR PROMISE, SWORN TO
UNDER COURT ORDER by a person NOT YET CONVICTED but though likely from the INFORMATION
before the court to have commit a crime, that he would KEEP THE PEACE AND BE OF GOOD
BEHAVIOR. It is the direct ancestor of probation.

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:

 Banishment/Transportation – This is a form of punishment which is done by indenturing the convicts to


penal colonies where they serve as slave until they completed their service of sentence. Transportation of
offenders to penal colonies was practiced principally by EUROPEAN COUNTRIES that had acquired
distant colonies because of the need to import labor into these colonies.

FOUNDERS OF PROBATION:

1. JOHN AUGUSTUS (Boston, Massachusetts). A Boston shoemaker traditionally known as initiator of


probation process. He coined the term probation and is viewed as its founder. He was later called the
“Father of Probation”. The first American probation officer who developed several features that later
became he characteristics of the probation system.

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”. -

HISTORICAL BACKGROUND OF PROBATION LAW IN THE UNITED STATES

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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.

HUBER LAW (1913) A United states LAW in


WINSCONSIN permitting prisoners not so dangerous to society to be gainfully employed during the day while
residing in jail. FLASH SHEET – Probation Officer shall notify all police agencies by sending a note that
Probationer is under his supervision.

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.

HISTORICAL BACKGROUND OF PROBATION IN THE PHILIPPINES

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.

The NAPOLCOM, acting on a report submitted by the Philippine Delegation to the 5 th UN


CONGRESS on the Prevention of Crime and the Treatment of Offenders, created an interdisciplinary
committee tasked with formulating a National Strategy to Reduce Crime and drafting a Probation Law. On
July 22-24 1976, the First National Conference on strategy to reduce crime was held at Camp Aguinaldo,
Quezon City. This was attended by nearly 800 delegates, guest, observers from various components of the
Criminal Justice System.

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.

PROBATION LAW PROPER

Presidential Decree 968 – The Probation Law of 1976. Also known as the “Adult Probation Law”.

Reason for its enactment:


1. The establishment of a more enlightened and humane correctional system that will promote the
reformation of offenders;
2. Reduce the incidence of RECIDIVISM
3. To remedy the onerous drain on the financial resources of the country.
4. The need to provide a less costly alternative to the imprisonment of offenders who are likely to
respond to individualized community based treatment programs.

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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PROBATIONER – It means a person placed on probation.

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.

PETITIONER – A convicted defendant who files a formal application for probation.

BASIC ELEMENT OF PROBATION


1. A suspension of the sentence
2. A period at trial for the offender in the community
3. The offender’s observance of the law and the adherence to the condition imposed by the court
4. The supervision of the offender by a probation officer

ESSENTIAL ELEMENTS OF PROBATION


1. A post-sentence investigation report which will serve as the informational basis for the court' s
decision to grant or deny probation.
2. The conditional suspension of execution of sentence by the court.
3. Conditions of probation imposed by the court to protect public safety and to foster the rehabilitation
and reformation of the probationer.
4. Supervision, guidance and assistance of the offender by the probation officer.

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.

WHO ARE QUALIFIED FOR PROBATION?


Any sentenced offender, 18 years of age above not otherwise disqualified under PD 968 as amended
can apply for probation before serving the sentence which may either be imprisonment or a fine with
subsidiary imprisonment, or both imprisonment and fine.

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)

Q: HOW MANY TIMES CAN ONE BE GRANTED PROBATION?


ANS: An offender can be granted probation once in his life time.

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

WHEN AND WHERE TO FILE THE PETITION FOR PROBATION?


The application for probation shall be filed with the court that tried and sentenced the offender at any
time before the imprisonment starts.

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.

CONFIDENTIAL NATURE OF THE PER-SENTENCE INVESTIGATION

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.

RIGHTS AND DUTIES OF THE PROBATIONER

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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

EFFECT OF PROBATION ON ACCESSORY PENALTIES


Accessory penalties are DEEMED SUSPENDED once probation is granted.

THE TWO MANDATORY CONDITIONS OF PROBATION.


1. To present himself to he Probation Office concerned for supervision within 72 hours from receipt of
said Order;
2. To report to the Probation Officer at least once a month during the period of 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

Q: WHAT HAPPENS TO A PROBATIONER IF CONDITIONS OF PROBATION ARE VIOLATED?


1. The probation officer investigates the alleged violation and if it is established, a report is submitted to
the court. There can be modification of condition of probation by the court, depending on the nature
and seriousness of the violation;
2. There is also the possibility of arrest including criminal prosecuting of the probationer in the event of
commission of another offense. The revocation proceeding is summary. If the court finds the
probationer guilty of serious violation of the conditions of probation he may be ordered to serve the
original sentence imposed on him.

THE GROUNDS FOR REVOCATION OF PROBATION


1. Failure to comply with any condition
2. Commission of another offense.

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.

TERMINATION REPORT – 30 days before the termination period.

LEGAL EFFECTS OF DISCHARGE

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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.

VOLUNTEER PROBATION AIDE – One must be


a. a citizen of good repute and integrity
b. at least 18 tears of age
c. appointed by the Probation Administration
d. assist the Probation Officers and Assistant Probation Officers in the investigation and supervision
e. not entitled to salary but is given reasonable travel allowance

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.

ORIGIN OF DEVELOPMENT OF PAROLE

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.

PAROLE IN THE PHILIPPINES


Parole in the Philippines is governed by the INDETERMINATE SENTENCE LAW, also known as ACT
NO. 4103, Dated December 05, 1933, and this law was subsequently amended by ACT No. 4225, and later in
June 19, 1965 by Republic Act No. 4203.

INDETERMINATE SENTENCE

PURPOSE: To uplift and redeem valuable human material and prevent unnecessary and excessive
deprivation of personal liberty and economic usefulness.

It covers crimes punishable under the revised code or by special law

Cases in which the indeterminate sentence law shall not apply:

1. Offense punished by death or life imprisonment


2. Those convicted of treason ( Art. 114 ), Conspiracy or proposal to commit treason ( Art. 115)

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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 ADMINISTRATION IN THE PHILIPPINES

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.

VIOLATION OF PAROLE CONDITIONS BY PAROLE ITS EFFECTS


When any prisoner release on parole by virtue of this act, shall, during the period of surveillances ,
violate3 any condition of his parole, the Board of Indeterminate Sentence may issue an order for his re-arrest
which may served in any part of the Philippine Islands by any police officer. In such case the prisoner so re-
arrested shall serve the remaining unexpired portion of the maximum sentence for which he was originally
committed the prison, unless the Board of Indeterminate Sentence shall grant a new parole to the said
prisoner.

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.

ESSENTIAL ELEMENTS OF PAROLE


1. that the offender is convicted;
2. the he serves part of his sentence in prison;
3. the he is released before the full expiration of his sentence;
4. that said release is conditional, defending on his good behavior; and
5. that he remains on parole until the expiration of his maximum sentence.

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.

ELIGIBLE FOR PAROLE

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.

ORDER OF RELEASE OF THE PRISONER ON PAROLE


The Board of Pardons and Parole will order the release from confinement of a prisoner granted
parole.

DISQUALIFIED FOR PAROLE


1. Those convicted of an offense punished with Reclusion Perpetua ( Life Imprisonment )
2. Those convicted of treason, conspiracy of proposal to commit treason;
3. Those convicted or misprision of treason, rebellion, sedition or espionage;
4. Those who are habitual delinquents, is those who are within a period of ten years from the date of
release from prison or last conviction of the crimes of serious or less serious physical injuries, robbery
theft, estafa, and falsification, are found guilty of said crimes a third time or oftener;
5. Those who escaped from confinement or evaded sentence;
6. Those who are granted conditional pardon and violated any of the terms thereof;
7. Those whose maximum term o0f imprisonment does not exceed one ( 1 ) year or are with a definite
sentence ;
8. Those suffering from any mental disorder as certified by psychiatric report of the Bureau of
Corrections or the National Center for Mental Health;
9. Those whose conviction is on appeal;
10. Those who have a pending criminal case for an offense committed while serving sentence.

PRISONERS AFTER RELEASE FROM CONFINEMENT MUST PRESENT HIMSELF


Within the period prescribed in his release document, the prisoner shall present himself to the Parole
and Probation Office specified in the release document, under the supervision of a Parole and Probation
Officer so that former may be guided and assisted towards rehabilitation.

INFRACTION OF THE TERMS OF PAROLE SUPERVISION


Any infraction by a client of the terms and conditions appearing in his release document or any
serious deviation or non-observance of the obligations set in the parole supervision program shall immediately
reported by his Parole and Probation Officer to the Board.

ARREST OF THE CLIENT OF PAROLE


Upon receipt of an infraction report, the Board shall immediately order the arrest of the client of the
Parole and shall be made to serve the remaining unexpired portion of the maximum sentence for which he
was originally committed to prison.

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.

OTHER FORMS OF EXECUTIVE CLEMENCY

EXECUTIVE CLEMENCY – It refers to the COMMUTATION OF SENTENCE, ABSOLUTE PARDON, AND


CONDITIONAL PARDON, with or without the parole conditions, as may be granted by the President of the
Philippines upon the recommendation of the Board of Pardon and Parole. It may also refer to commutation of
sentence and reprieve.

WHO ARE NOT ELIGIBLE FOT EXECUTIVE CLEMENCY

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:

A. FOR COMMUTATION OF SENTENCE:


1. The petitioner must have served at least one-third (1/3) of the minimum indeterminate sentence or the
following portions of his prison sentence constituting the Reclusion Perpetua;
2. At least ten (10) years if convicted of robbery with Homicide. Rob berry with Rape or Kidnapping with
Murder;
3. At least eight (8) years if convicted of simple murder. Parricide, rape or violation of anti-drug laws;
4. At least twelve (12) years if given two (2) or more sentence for Reclusion Perpetua;
5. At least twenty (20) years in case of (1) death sentence which was automatically commuted to
Reclusion Perpetua;
6. At least twenty-five (25) years in case of two (2) sentences of Reclusion Perpetua.

B. FOR CONDITIONAL PARDON


1. The petitioner must at least served one-half (½) of the minimum of his indeterminate sentence of the
following portions of his prison sentence;
2. At least two (2) years of the minimum sentence if convicted of murder or parricide but not sentenced
to Reclusion Perpetua;
3. At least one (1) year of the minimum sentence if convicted of homicide;
4. At least nine (9) months if convicted of frustrated homicide;
5. At least six (6) months if convicted of frustrated homicide;

C. FOR ABSOLUTE PARDON


1. Ten (10) years must have been elapsed from the date of release of the petitioner from confinement;
or
2. Five (5) years from the date of expiration of his maximum sentence, whichever is more beneficial to
him;

EXCEPTIONS: However, the board may consider a petition for absolute pardon even the lapse of the
aforementioned periods in special cases such as:

 When the petitioner is seeking reinstatement in the government service;


 When the petitioner needs medical treatment which is not available locally;
 When petitioner will take a Government or Bar Examination;
 When Petitioner is emigrating;

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.

DIFFERENCES BETWEEN AMNESTY AND PARDON:

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

COMMUTATION OF SENTENCE - It refers to the reduction of the duration of a prison sentence.

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

Learning Activity 1: Institutional Corrections and Non-Institutional Corrections


After the online discussion, do the assigned reading and prepare for the assessment activity as scheduled:

 Prepare for a quiz on lesson 1.1 and 1.2.

LEARNING CONTENTS (title of the subsection)

1.3. Therapeutic Modalities

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.

What is Therapeutic Community?


The therapeutic community (TC) is an environment thathelps people get help while helping others. It is a
treatmentenvironment: the interactions of its members are designed tobe therapeutic within the context of the
norms that requirefor each to play the dual role of client-therapist. At a givenmoment, one may be in a client
role when receiving helpor support from others because of a problem behaviour orwhen experiencing distress.
At another time, the same personassumes a therapist role when assisting or supporting anotherperson in
trouble.

How does therapeutic community look like?


The operation of the community itself is the task of the residents, working under staff supervision. Work
assignments, called "job functions" are arranged in a hierarchy, according to seniority, individual progress and
productivity. These include conducting all house services, such as cooking, cleaning, kitchen service, minor
repair, serving as apprentices and running all departments, conducting meetings and peer encounter groups.
The TC operates in a similar fashion to a functional family with a hierarchical structure of older and younger
members. Each member has a defined role and responsibilities for sustaining the proper functioning of the
TC. There are sets of rules and community norms that members upon entry commit to live by and uphold.

What are the salient features of Therapeutic Community?


1. The primary "therapist" and teacher is the communityitself, consisting of peers and staff, who, as role
modelsof successful personal change, serve as guides in the recovery process.
2. TC adheres to precepts of right living: truth/honesty,here and now; personal responsibility for destiny: social
responsibility (brother's keeper); moral code; inner person is "good" but behaviour can be "bad"; change is the
only certainty; work ethics; self-reliance; psychological converges with philosophical (e.g. guilt kills).
3. It believes that TC is a place where: one can change - unfold; the group can foster change; individuals must
take responsibility; structures must accommodate this; act as if- go through the motion.
4. There are 5 district categories of activity that help promote the change:
• Relational/ behaviour management
• Affective/emotional/psychological
•Cognitive/intellectual
•Spiritual
•Psychomotor/vocational-survival Skills

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.

What is the TC Mission?


To promote human and social transformation among our clients and among ourselves.
What is the TC Vision?

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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.

MODALITIES IN THE TREATMENT OF OFFENDERS IN THEPHILIPPINES


Like many countries, the correctional system in the Philippines has both an institution-based and a
community-based component. It also has separate treatment systems for youth offenders and adult offenders.
The custodial care of adult offenders is handled by the following:
1. The Bureau of Jail Management and Penology (BJMP) under the Department of Interior and Local
Government (DILG) which has supervision over all district, city and municipal jails and detention centers.
These jails house detainees awaiting judicial disposition of their case and offenders whose sentence range
from one (1) day to three (3) years

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 IIl-Pre Re-entry


Under regular circumstances, the resident is expected at this stage to have internalized the TC values
and concept to start life afresh. However, in the jail setting where entry and release are not within the jail
control, residents may not have reached this phase of treatment before they even leave the jail facility.
Regardless of the resident's length of stay, he is expected to undergo this phase prior to release into
society. At this phase, the resident is expected to have proven his ability to take on more responsibility hence
needs lesser supervision. He is considered a role model in the TC community. He should focus on the
following learning:
• Rebuilding of social and family ties.
•Going up the ladder of hierarchy by showing leadership
•Realization of his full potential to be a productive memberof society
• Mapping out of plans

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

STANDARD PARAMETERS FOR JAIL TCMP


A. Physical Environment:
. The internal and external environment is comfortable, clean and welcoming.
TC Philosophy and unwritten philosophies are visibly posted around the facility.
• Hierarchical structure and daily activities are displayed. There is adequate space to hold activities and
rooms for specific meetings that require privacy.
. A clean and well-maintained kitchen that complies with the sanitary standards of BJMP.
Provision of recreation areas both indoors and outdoors. The dining area is equipped with enough tables
and chairs to accommodate the inmates.
Adequate sanitary toilets and bathrooms that provide privacy to users. Adequate space for sleeping and
habitation that respects the individual's personal space.
B. TCMP Staff:

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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

C. The Therapeutic Environment -The Inmates/ Residents:


. The residents treat each other with respect at all times regardless of age, religion, cultural diversity, etc.
The residents practice a culture of honesty and openness in discussing thoughts and feelings, providing
and receiving.

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.

Therapeutic Community Program by the Bureau of Corrections (BUCOR)


The Therapeutic Community (TC) Program represents an effective, highly structured environment with
defined boundaries, both moral and ethical. The primary goal is to foster personal growth. This is
accomplished by re-shaping an individual's behavior and attitudes through the inmates’ community working
together to help themselves and each other, restoring self-confidence, and preparing them for their re-
integration into their families and friends as productive members of the community.
Patterned after Daytop TC, New York which is the base of the Therapeutic Community movement in the
world, the BuCor TC program was adopted as part of the Bureau's holistic approach towards inmate
rehabilitation. It is implemented primarily but not limited to drug dependents.
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
substanceabuse. The program modifies negative behavior and or attitudes while restoring self-confidence,
and prepares inmates for their re-integration into their families and friends as productive members of the
community. This behavioral modification program gradually re shapes or re-structures the inmate within a
family-like environment, wherein every member act as his brother's keeper.
As TC family members go on with their daily activities, a strong sense of responsibility and concern for
each other's welfare are developed. They are constantly being monitored for their progress and are regularly
being evaluated by the TC-trained staff. The TC process allows for genuine introspection, cultivation of self-
worth and positive rationalization that move the individual towards assuming a greater sense of personal and
moral responsibility.
The efforts of the Bureau of Corrections to rehabilitate Drug dependents under its care using the TC
approach is in line with its commitment to create a Drug-Free Prison. Worldwide developments in the
treatment and rehabilitation of drug offenders using this therapeutic community approach have been noted to
be effective in many prisons.

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.

PARTS OF THE MORNING MEETING


I. COMMUNITY ANNOUNCEMENT/CONCERNS
a. Opening Prayer (Ecumenical)
b. Singing of the Philippine National Anthem (Flag must bedisplayed)
c. TC Philosophy (Adopted translation)
d. Announcements
> Staff (Director, Asst. Director, Counselor & other personnel)
> Residents (Coordinators, Dept Heads, Expediters) > Report on Dorm Inspection by Chief Expediter
e. Community Concerns
> Pull-ups/ elaboration
> Affirmations
f. Concept of the Day
g. Verse of the Day
II. UP-RITUALS
h. News casting (Local, Natl, International, Sports and Weather News)
i. Entertainment (Choose either Song,Dance, Skit,Humorous Story)
J. Community Singing (Any song that has relation to the Concept of the Day)
k. Greetings

HIERARCHY OF BEHAVIOR SHAPING TOOLS


Behavior Shaping Tools (BST) is employed to strengthen the learning process and the practice of more
adaptive behaviors within the social learning environment. The major tools of the BST, such as the Talk To,
Pull-up, Dealt With, Haircut, Learning Experience, General Meeting and Expulsion were developed as a
means to correct behaviors of the residents that violated the TC norms. The Hierarchy of Behavior Shaping
Tools will serve as a guide to determine which of the tools are appropriate to be used based on the severity of
the infraction or violations committed by the residents against the TC Rules as shown in Figure 1.

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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

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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.

PSYCHOLOGICAL AND EMOTIONAL ASPECT


INTRODUCTION
Residents who are detained are basically psychologically and emotionally challenged. They share
one thing in common, that is being incarcerated with uncertainties as to the outcome of their individual cases.
They feel isolated, helpless and at times hopeless brought about by separation from their loved ones and
society in general and all other issues that confront them while incarcerated. Such emotional turmoil needs to
be addressed to help them bounce back and experience a life of normalcy despite their unique situation. The
TCMP provides activities and services that cater to this particular need. This topic tackles the discussion on
the therapeutic value of processing of feelings which does not only lie on how freely one expresses them but
more so on the person's ability to identify, acknowledge, and express them appropriately.

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.

Psychosocial Skills and Characteristics of Counseling:


*Empathy is the ability to perceive the client's feelings and to demonstrate accurate perception of the
client. It is merely "putting oneself in the client's shoes". When the client feels understood, a sense of trust or
"rapport" is developed. Rapport paves the way to a more meaningful communication and may enable the
client to understand and accept more of his or her complexity of feelings.
*Warmth is also called "unconditional positive regard". It involves accepting and caring about the
client as a person, regardless of any evaluation or prejudices on the client's behavior or thoughts. It is most
often conveyed through our non-verbal behavior or bodily gestures.
"Respect is our belief in the client's ability to make appropriate decisions and deal appropriately with
his or her life situation, when given a safe and supportive environment in which to do so. It is often showed
best by not offering advice or cheap comfort. The counselor shows his utmost respect to the client by listening
in silence and giving him the opportunity to design his own solutions to the problem. A similar term for this is
"empowerment as the counselor likewise demonstrates that he values the integrity of the client.
*Congruence or genuineness is being honest and authentic in dealing with the client. It is showing
real concern rather than focusing on techniques during sessions. It is also being aware of the counselor's own
unmet needs and how it may affect his relationship with the client.
"Confidentiality means that anything discussed during counseling sessions is held absolutely private
and not to be discussed anywhere. This contract should be held sacred so as to maintain the client's trust and
enable him to disclose sensitive matters to the counselor without fear of any breach of confidentiality.
Pattern of Counseling Session:
1. Introduction: First 10 minutes
Greet the client warmly.
Smile and shake hands. Escort to the counseling room.
. Explain how the session is going
. This is the time to develop rapport.

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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.

When to break Confidentiality?


1. Children are being neglected or abused
2. Appearance in court as a witness
3. Client expressed plan to commit suicide
4. Client expressed plan to harm others.

INITIAL INTERVIEW/ INTAKE INTERVIEW


TCMP participants in jail are unique as they are not necessarilydrug users. TCMP is introduced as a program
for the development of inmates while they are awaiting trial. The intake interview in the jail setting is done by a
Counselor to newly admitted residents. The main purpose is to elicit information about the resident and
provide information about the program and what the expectations are on both parties. Full and honest
disclosure is expected on the resident to elicit adequate and elaborate information and come up with the
proper treatment plan.
Participants: Newly committed residents, Counselor Duration: 1 hour
Procedure:
1. After the booking procedure, the Counselor/IWDO willconduct the initial intake interview to the newly
committed residents using the intake interview form. This is done only in a designated area and one resident
at a time.

ONE TO ONE COUNSELLING/INDIVIDUAL COUNSELING


Duration and Frequency: One to two hours per session/depending upon the needs as designed by the
counselor.
Participants: Counselor and Resident
Procedure:
1. Individual counseling is a helping tool between the residents and counselor. Residents are usually referred
to the counselor as needed by peers or staff based on the residents' behavior.
2. The counselor uses different techniques and methods in counseling.
3. The resident discusses different issues which causes his/ her difficulties.
4. Follow-up sessions will be done depending upon the needs of the resident.
5. The length of the sessions will be determined by the progress of the resident.

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.

PEER CONFRONTATION GROUP


The group participants in Peer Confrontation group are selected by the staff and group according to peers like
adult members will go with the same date of entry in the facility and same goes with the middle and young
members.
It is done in a more compassionate way where each resident try to help one another. Participants confront
each other on what they do for themselves while in the facility and ask how they are coping with it.
Duration/ frequency: one hour/ twice a month Participants: 10-15 residents, Coordinator
Procedure:
1. Participants will sit in a circle position. 2. Staff may sit just outside the circle or there may be no staff.
3. There is no particular order of speaking. It is conventionaland free-wheeling.
4. Participants may start with a prayer.
5. Participants may then say "What do you say about me? Or Please give me a feedback on my progress
here "or how do you see me?
6. Any of the other participants may give an honest, straightforward feedback. Tone and feeling should be
proportionateto the issue.
7. Peer confrontation is done in a compassionate way where each resident try to help one another and identify
certain issues which could be a hindrance to his recovery.
8. At the end of the sharing, the resident is asked a commitment about issue that he feels uncomfortable
dealing with.

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.

MEDICATION SUPPORT GROUP


Duration/ frequency: as long as the residents are on medication Participants: Residents on medications and
Jail health personnel
Procedure:
1. Counselor holds the group once a week who are on medical and psychiatric medication.
2. Group members are educated on different kinds of medicaland psychiatric problems and its effects.
3. Sharing on the intake of medicines and its side effects oftaking it.
4. Cohesiveness is enhanced.
5. Share and discuss how to face their difficulties, coping with the disease and problems encountered while
they are on medications.

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

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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.

INTELLECTUAL AND SPIRITUAL COMPONENTS


INTRODUCTION
Can spirituality and intellect go together? Is spirituality and intelligence at odds with each other?
Intelligence and spirituality ultimately follow the same path. By embracing intellect to its fullest extent, one will
eventually arrive at a sense of spirituality. Our actions are governed by intelligence; we achieve the best
results when we make the most intelligent decisions. But if we go home, meditate, and begin asking questions
like, "What is the purpose of my life?" we have to load up a different set of rules. Now we've supposedly left
the territory of the intellect and entered the spiritual realm. We try to interact intelligently with our outer world
and spiritually with our inner world.

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

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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

19. "Hang tough"


Sometimes, we feel that there is no end to our miseries and we feel helpless and hopeless. No matter how
dim life seems to be, there is always hope. In every problem is a solution. Every problem is a learning
experience that would make us tougher in dealing with life's challenges.
20. "You are your brother's keeper"
In TC, each one is responsible for the other members of the community. The failure of one is the failure of all.
This gives all the residents a sense of responsibility in shepherding others. The success of the program is a
reflection of how one cares for the other.

THEME/ CONCEPT OF THE DAY


It refers to a word or saying that will serve as a guide for the community to ponder upon in relation to their
day-to-day interactions and behaviors. It is elaborated during the Morning Meeting by some members of the
community to emphasize its relevance and how it can stimulate the residents' thoughts and help them change
their behavior into something positive. It can also be taken from the Unwritten Philosophies.

MEDITATION: DISCOVERING YOUR INNER SANCTUARY


The visualization meditation is used to help an individual establish a practice of moving his attention within,
finding his place of relaxation and peace by contacting his inner wisdom. This experience is unique for
everyone so much so that one's experience may be different from the others. Some may experience visual
imagery while the others may not. What is important is to do it the opportunity to relax and enjoy the process.

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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

Participants: Residents, Facilitator


SEMINARS
Seminars are activities in TC that provide intellectual stimulation and seek personal involvement among the
residents. It is a way of providing information, improving the resident's speaking and writing abilities and
enhancing their listening ability so as to understand all the information being presented
Duration/Frequency: 1-2 hours/ once a week
Participants: Residents, Facilitator
Types of Seminars:
1. Discussion-open format and allow for group participation
2. Data Sessions -given specific information and games
3. Games-mind-expanding activities to elicit thought, creativity, and imagination
4. Seminar series on varied topics

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?

GAMES: THE "GRAB BAG"


The "Grab Bag" is a form of seminar which enhances the residents' ability to communicate, analyze ideas and
develop insights about themselves with the use of identification with inanimate objects.
Procedure:
1. Divide the group into small groups of 10 members with one facilitator per group.
2. Each facilitator will have a plastic bag/ container with different items inside
3. Without peeping, each resident will grab one item insidethe bag. He/she will be given 3-5 minutes to tell
something about the item, describing it as if he/she were the object, what it is made of and its use.
4. Each resident takes turnuntil every member of the group has picked an item and speak.
5. The facilitator will process the activity and ask the grouphow they feel about the activity and what insights
they havegained.

SATURDAY NIGHT ACTIVITIES


This activity is held every Saturday as a recreational event purposely to instill fun, humor and entertainment
after an intense and hectic week. This gives the residents the chance to let loose and socialize. Each static
group is assigned a specific task or presentation to develop talents among the residents.

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

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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.

ORGANIZATIONAL HIERARCHY OF THERAPEUTIC COMMUNITY


Participants: Personnel and residents
Procedure:
1. The senior member of the staff, usually the Director identifies the counselors coming from the staff/
personnel.
2. As soon as the counselors were identified, the residents of the community will submit application for certain
desired positions as indicated at the hierarchical structure.
3. The applicants will be interviewed by the staff (Director, IWDO, Chief Escort and Custodial).
4. After the interview, selection of applicant for key positions (Coordinator & Department Head) is done
through the use of Socio metric pointing.
5. Crew members will be assigned as per assessment of the IWDO, Chief Escort and Custodial.
6. New residents will be assigned automatically at the housekeeping department for one month for orientation
purposes.

The TCMP Hierarchical Structure (TYPE A)


CLASS-A TC COMMUNITY (JAIL POPULATION - 1,000 UP)
1. BUSINESS OFFICE DEPARTMENT - Admin
2. KITCHEN DEPARTMENT - Food Service Officer
3. HOUSEKEEPING DEPARTMENT - Records
4. GROUNDS/LANDSCAPING DEPARTMENT - Custodial
5. LAUNDRY DEPARTMENT - Logistics
6. MAINTENANCE DEPARTMENT – Operations
7. SPECIAL SERVICE DEPARTMENT – IWDO
8. EXPEDITING DEPARTMENT – Paralegal/I&I

Table 1.2 The TCMP Hierarchical Structure (TYPE B)


CLASS-B TC COMMUNITY (JAIL POP 500-999)
1. BUSINESS OFFICE DEPARTMENT - Admin
2. KITCHEN DEPARTMENT - Food Service Officer
3. HOUSEKEEPING/ LAUNDRY DEPARTMENT – Records
4. GROUNDS/ LANDSCAPING/ MAINTENANCE DEPARTMENT - Custodial
5. SPECIAL SERVICE DEPARTMENT - IWDO
6. EXPEDITING DEPARTMENT - Paralegal/I&

CLASS-C TC COMMUNITY (JAIL POP-1-499)


1. BUSINESS OFFICE DEPARTMENT - Admin
2. KITCHEN DEPARTMENT - Food Service Specialist
3. HOUSEKEEPING/ LAUNDRY DEPARTMENT - IWDO
4. EXPEDITING DEPARTMENT - Paralegal/ 1&1

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

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demotion can happen during the process.

FUNCTIONS OF THE DIFFERENT POSITIONS IN THEHIERARCHY (FROM HIGHEST TO LOWEST)


Coordinator
1. A positive role model.
2. Deals with the attitudes of the residents and acts as a member of the panel during the haircut and
addresses the resident in general meeting.
3. The leader of a team assigned to oversee a specific department, e.g. kitchen department
4. Responsible for reporting of job changes and recommendscutting off of learning experience
5. Assigned as Coordinator on Duty of the day and delegatestasks to be covered for the day, i.e., investigating
andbooking.
6. Encourages residents to use behavior shaping tools, i.e., encounter slips, booking, etc.
7. Responsible for overseeing that each team works efficiently.
8. Supervises the over-all functions of the department in the
TC Facility.
9. Reports to staff any incident that is not in the boundaries of a resident to deal with. 10. out any given task
that staff members assigned him/her.
11. In-charge to disseminate instructions given by the Directorand staff through coordination with co-
coordinators.
12. Serves as liaison between resident and staff.

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.

Assistant Chief Expediter


1. Responsible for execution of directives from the chief expediter.
2. Supervises the activity inside the dormitories.
3. Monitors overall function of the different departments and reports to the chief all the incidences.
4. Facilitates department head meetings in the absence of the chief expediter, job changes and requests. (e.g.
request for phone calls)

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.

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TCMP DEPARTMENTS AND FUNCTIONS


Business Office Department (BOD)
1. Welcomes new members of the family and makes sure thatpolicies, rules and their limitations are clear.
2. Responsible in facilitating younger members' group by sharing experiences.
3. Role model that shows how to overcome trying circumstances(coping, adjustment, etc.)
4. Orients new residents how to drop slips, ventilate feelings in the encounter group, use the behavior shaping
tools and internalize the TC Philosophy and Unwritten Philosophies.
5. Provides support to residents when needed.
6. Prepares sequence of program for special events disseminates all written communications.
7. Maintains and updates bulletin Board postages and announcements.
8. Updates profile of residents (Name, Address, Age, Status, Birth date, Ethnic Origin etc.) and provides list of
residents in the Tag board to be posted in every dormitory.
9. Prepares sound system in every activity.

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.

Maintenance and Landscaping Department


1. Maintains cleanliness ofgrounds
2. Responsible in planting, watering and trimming of trees and flower bedsplants,
3. Maintains inventory of materials and equipment.
4. Informs staff of any equipment that needs repair orreplacement
5. Responsible in making minor repairs of jail facilities andequipment.
6. Responsible in monitoring proper usage of water and electricity.

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

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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.

LIVELIHOOD AND SKILLS TRAINING


Designed Tools: Project Proposals, Training Design, Feasibility Studies
Participants: Residents/ Staff
Procedure:
The IWDO will conduct skills inventory of the residents to determine the appropriate skills training needed.
With the help of skilled staff or outsourced trainers, residents are trained on their specific field of interest which
could be their source of livelihood once they are released from jail.
Other suggested vocational skills training:
1. Rug making
2. Wood carving
3. Flower making
4. Massage Therapy
5. Artistry
6. Basic Electricity
7. Automotive
8. Masonry and Carpentry
9. Tailoring and Dressmaking
10. Tailoring and Dressmaking
11. Furniture
12. Lantern and Christmas Décor Making
13. T-shirt printing
14. Basket weaving
15. Shell craft
16. Guitar making
17. Organic Farming

LEARNING ACTIVITY 2

Learning Activity 2: Therapeutic Modalities


After the online discussion, do the assigned reading and prepare for the assessment activity as scheduled:

 Prepare for a quiz on lesson 1.3.

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.

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REFERENCES

Manwong, R. 2014. Correction and Restorative Justice.

Guerrero, Brian B. 2018. Community-Based Correction in the Philippines (Non-Institutional Corrections.


Wiseman’s Books Trading, Inc)

Apela. Renor N.et.al. 2019. Comprehensive Correctional Administration Handbook with Therapeutic
Modalities. Wiseman’s Books Trading, Inc

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