You are on page 1of 14

PRISON, JAIL AND PRISONERS General Classification of Prisoners

1. Detention Prisoners- Inmate who is undergoing


investigation/trial or awaiting final judgment. Those
Prison - Penitentiary, an institution for the
who are detained for the violation of law or ordinance
imprisonment (incarceration) of person convicted of
and not yet convicted by the court. They are under the
major/serious crimes. A building, usually with cells, or
jurisdiction of Courts.
other places established for the purpose of taking safe
REPUBLIC ACT NO. 6127- Fully deducts the
custody or confinement of criminals. A place of
period of the offenders' preventive detention
confinement for those charged with or convicted of
from the sentence imposed by the courts.
offenses against the law of the land.
B.P. Big. 85- Authorizes the release of a detainee
- from Latin carcer, meaning literally "to seize," who has undergone preventive imprisonment
from Old French prisoun, meaning a place in equivalent to the maximum imposable sentence
which people are physically confined and, for the oliense he is charged with.
usually, deprived of a range of personal freedom. DOJ M.C No. 6- Directs all wardens or anyone
In-charge of local Jalls to effect the immediate
Jail - Jail is an institution for the confinement of persons transfer of national prisoners to the Bureau of
who are awaiting final disposition of their criminal cases corrections.
and also for the service of those convicted and punished 2. Sentenced Prisoners- Offender who are committed to
with shorter sentences, usually up to three years. It is a
the jail or prison in order to serve their sentence
place for locking up of persons who are convicted of
after final conviction by a competent court. Convicted by
minor offenses.
final judgment of the crime charged against them. They
- Derived from the Spanish word "jaulo" which are under the jurisdiction of the penal institutions.
means cage, from the Spanish term "Caula," and 3. Prisoners who are on Safekeeping- Includes non-
from the French term 'Gaol" pronounced as criminal offenders who are detained in order to protect
G'eole. The Spanish word "Jaulo", the French the community against their harmful behavior.
term "Gaol" and the English term jail have the Safekeeping is the temporary custody of a person or the
same connotations. It only varried in spellings. detention of a person for his own protection or care, to
- Convicted or pending tiral secure him from liability, harm, injury or danger.
Prison distinguished from Jail Classification of Sentenced Prisoners
• As to term of Penalty- in Jail, 3 years and 1. Insular or National Prisoners- Those sentenced to
below; in Prison, more than 3 years. suffer a term of 3 years and 1 day to Reclusion Perpetua
• As to Inmates- in Jail, convicted or pending or Life Imprisonment. Those sentenced to suffer a term
trial; in Prison all convicted. of imprisonment of 3 years and 1day to life imprisonment
• As to administration- in Jails, as far as but appealed the judgment and unable to file a bond for
Provincial Jail is concerned, it is under the their temporary liberty.
administrator of the provincial government; in 2. Provincial Prisoners- Those sentence to suffer a term
case of Municipal and City District Jail, it is of imprisonment from 6 months and 1 day to 3 years or
under the supervision of the Bureau of Jail fine not more than 1, 000 pesos or both; those detained
Management and Penology; in case of prison it therein waiting for preliminary investigation of their
is under the Bureau of Correction. cases cognizable by the RTC.
• As to head of the institution- Jail, it is headed 3. City Prisoners- Those sentence to suffer a term of
by a Warden; Prison and Colony and Penal imprisonment from 1 day to 3 years or a fine not more
Farm, headed by the Superintendent. than 1,000 pesos or both. Those detained therein whose
NOTE: the population of jail and prison including penal cases are filed with the MTC.
farms and penal colonies except the personnel are called 4. Municipal Prisoners- Those confined in municipal
inmates, prisoners with exception of jails whose inmates jails to serve an imprisonment from 1 day to 6 months.
are undergoing trial of their cases are also called Those detained therein whose trial of their cases are
detainees. pending with the MTC.

Provincial Jails- RAC Sections 1729 to 1731 provides Classification of Prisoners According to Degree of
the Administration of the Provincial Jail. They are Security
managed and controlled by the Provincial LGU. The 1. Super Maximum Security Prisoners
Provincial jail system was first established in 1910 under - special group of prisoners composed of incorrigible,
the American regime. intractable, and highly dangerous persons who are the
source of constant disturbances even in a maximum
security prison.
housed in dormitories. The specifications for
2. Maximum Security Prisoners construction of 2 fences with the interior fence
- Could be dangerous to the public or to the security of approximately 12 to 14 feet high and the outer fence 8 to
the state. 12 feet high and they are to be erected at least 18 feet
- Movements are restricted and they are allowed to work apart.
the institution but rather assigned to industrial shops
with the prison in the compound. 4. Minimum Security Prisoners
- They are confined at the maximum security prison/ - Who can be reasonably trusted to serve sentence under
camp at (NBP Main building). open conditions without the presence of guard.
- They wear orange color of uniform or tangerine. - They occupy the Minimum Security (Camp Bukang
- Prisoners include those sentenced to death and those Liwayway)
minimum sentence of 20 years or more. Whose sentenced - Brown color uniforms.
are under the review of the Supreme Court. Others: - Prisoners:
- Recidiviste, habitual delinquents and escapees. 1. Those with severe physical handicap as certified
- Those confined at the RDC by the chief medical officer of the prison.
- Those under disciplinary punishment 2. Those who are 65 years of age and above,
or safekeeping without pending case and whose convictions are
-Those who are criminally insane or with severe not on appeal
personality disorders or emotional disorders 3. Those who have serve ½ of their minimum
- Include highly dangerous or high security risk who sentence or 1/3 of their maximum sentence,
require a high degree of control. excluding GCTA.
- They occupy the maximum security camp 4. Those who have 6 months more to serve before
Maximum Security Facility- A facility with thick wall the expiration of their maximum sentence.
enclosures of 18-25 ft. high constructed with catwalks, Minimum Security Facility- This type of facility has
patrol towers and patrol guards for day and night. the main objective of keeping civilians away and It is not
Occupants thereat are subjected to work in industrial created for purposes of preventing escape. Housed in this
facilities within the prison compound facility are those who are awaiting final release and there
is little or no supervision from authorities. Prisoners are
3. Medium Security Prisoners free to move about subject to compliance to curfew hours.
- Who cannot be trusted in open condition and possess
lesser danger than the maximum.
- Maybe allowed to work outside the fence or walls of the BUREAU OF CORRECTION
penal institution, but under guards or escorts.
- They occupy the Medium Security prison (Camp Bureau of Prison was renamed Bureau of Correction
Sampaguita). under Executive Order 292. The Administrative Code of
- It includes prisoners whose minimum sentenced is less 1987 passed during the Aquino Administration. This law
than 20 years and life- sentenced prisoners who serve at that governs the operation of Bureau of Correction. It
least 10 years inside the maximum security prison. states that the head of the Bureau of Correction is the
- They wear blue color of uniform. Director of prisons who is appointed by the President of
- Generally they are employed as agricultural workers. the Philippines with the confirmation of the commission
- Prisoners: of Appointment. The Bureau of Correction has general
1. Those whose minimum sentence is less than 20 supervision and control of all national prisons or
years Imprisonment penitentiaries. It is charged with the safekeeping of all
2. Remand inmates or detainees whose sentences insular prisoners confined therein or committed to the
are below 20 years custody of the problem.
3. Those who are 18 years of age and below,
regardless of the case and sentence. Functions:
4. Those who have 2 or more records of escapes. 1. Safekeeping of prisoners convicted by courts three (3)
They are classified as medium security if they years and one (1) day and above to serve sentence in
have served 8 years since they were prison
recommitted. Those with one record of escape 2. Prevent prisoners from committing crimes.
must serve 5 years. 3. Provide inmates basic needs.
5. First offenders sentenced to life imprisonment. 4. Ensure rehabilitation programs are made available to
They can be classified as medium security if they the inmates for their physical, intellectual and spiritual
have served 5 years in a maximum security development.
prison or less, upon the recommendation of the 5. Develop livelihood programs to assist inmates earn a
superintendent. living and develop their skills while in prison.
Medium Security Institution- Fences are utilized
instead of walls the structure is created for prisoners
On May 24, 2013, PRISIDENT BENIGNO SIMEON C. ▪ To hold periodic classification meetings to
AQUINO III signed into law the REPUBLIC ACT NO. review each individuals case and final decisions.
10575 otherwise known as THE BUREAU OF ▪ To make recommendation for the treatment,
CORRECTIONS ACT of 2013, which provides for the custody and transfer to a suitable institution.
modernization, professionalization and restructuring of ▪ To conduct follow-up work to insure that the
the bureau. Organizational structure (Assignment) recommendation are carried out, and
▪ To conduct research studies which will
ASSESSMENT REHABILITATION PROGRAM contribute to a better understanding of the
DEVELOPMENT AND MONITORING DIVISION causes of crime, prevention of delinquency and
ARPDMD is tasked to ADMIT, SAFEKEEP, SECURE, the rehabilitation of offenders.
ASSESS, CLASSIFY, RECOMMEND and MONITOR
REHABILITATION PROGRAMS of prisoners Definition of Terms
convicted by final judgment by the competent court and/ Mittimus Order- A warrant issued by a court bearing
authorities to serve sentence at the national penitentiary. its seal and the signature of the judge, directing the
prison authorities to receive inmates for the service of
Composition sentence.
• Psychiatrist- examine prisoners mental and emotional Commitment Order- a written order of the court, or any
make-up other agency authorized by law to issue, entrusting an
• Psychologist- responsible for the character and behavior inmate to a jail for the purpose of safekeeping during the
of the prisoner pendency of his/her case.
• Sociologist- study social case situation of the individual Carpeta - Refers to the institutional record of an inmate
prisoner which consists of his mittimus or commitment order
•Educational Counselor- conduct orientation classes in issued by the Court after conviction, the prosecutor’s
order to change inmate attitudes toward education and information and the decisions of the trial court and the
recommends educational program for the prisoner. appellate court, if any; certificate of non-appeal,
• Vocational Counselor- test prisoners’ special abilities and certificate of detention and other pertinent documents of
skills the case. Otherwise known as “inmate record or jacket”,
• Chaplain- encouraged the prisoners to participate in contains the personal and criminal records of inmates,
religious activities and to bring their life close to God. documents related to his/her incarceration such as but
• Medical Officer- conduct physical examination and not limited to: commitment order, subpoenas, personal
recommends medical treatment of prisoner. identification, orders from the court, and all other papers
• Custodial-Correctional Officer- recommends the necessarily connected with the detention of an inmate.
transfer and type of custody inmates.
CORE/OPERATIONAL PROCESS
The Reception and Diagnostic Center (RDC)-Now
(Directorate for Reception and Diagnostic) ADMISSION & SAFEKEEPING/SECURITY
- This is a special unit of prison camp (Camp Sampaguita) SERVICE
where there new prisoners undergo diagnostic a. Receiving- The new prisoner is received at the RDC.
examination, study and observation for the purpose of The new prisoner usually from provincial or city jail
determining the programs of treatment and training best where he was immediately committed upon conviction
to their needs and the institution to which they should be by the court, and escorted by the escort platoon during
transferred. his transfer to the National Bilibid Prison. Receives
national inmates committed by competent courts and
Functions: authorities, upon
▪ To examine each offender for contagious presentation of complete pertinent documents such as:
disease and treat and immunize them against • Mittimus/Commitment Order
such disease. • Information and Court Decision in the case
▪ To conduct an orientation program and • Certification of Detention
provide inmates with expiratory vocational • Certification that the case is not on appeal
experience in order to deep them profitably • Certificate of no pending case
occupied. b. Documentation/Identification- The prisoners’
▪ To collect and study the social history of each identity is established though the picture and fingerprint
offenders. appearing in the commitment order. This is to ensure
▪ Administer achievement, personality and that the person being committed is the same as the
intelligent test to determine his capabilities and person being named in the commitment order.
potentialities. c. Searching- This steps involves the frisking of the
▪ To evaluate his emotional make-up by means of prisoner and searching his personal things. Weapon and
psychiatric interview and observations. other items classified as contraband are confiscated and
deposited to the property custodian. Other properties are • Sociological Section- conducts interview and
deposited with the trust fund officer under recording and prepares the social case history of the inmate’s
receipts. version of his case for newly admitted inmates in
d. Quarantine- This may be a unit of the prison or a the ARPDMD.
section of the ARPDMD where the prisoner is given Sociologist- study social case situation of
thorough physical examination including blood test, x- the individual prisoner
ray, vaccination and immunity. This is for the purpose of • Case Coordination Section- monitors and
insuring that the prisoner is not suffering from any coordinates with various diagnostic sections of
contagious disease, which might be transferred to the ARPDMD on the submission of respective
prison population. reports and prepares the case management
e. Briefing and Orientation- The prisoner will be record of newly admitted inmates.
briefed and oriented on the rules and regulations of the
prison before he will be assigned to the DRD of the The Quarantine Cell or Unit- This may be a unit of the
quarantine unit. prison or a section of the RDC where the prisoner is
Orientation Procedures given thorough physical examination including blood
- Giving prisoners booklet of rules and test, x-ray, vaccination and immunity. This is for the
regulations explaining the rules to them. purpose of insuring that the prisoner is not suffering
- Conducting group meeting of the center to from any contagious disease, which might be transferred
explain to the inmates the available treatment to the prison population.
programs and purpose of these treatment
program CLASSIFICATION/ASSESSMENT SERVICES
All of the diagnostic results and evaluations are collated,
DIAGNOSTIC/EVALUATION prepared and generally assessed to generate the
Newly committed inmates were interviewed, given tests individual case management record which provide
and examination by different sections to determine their reference for the Treatment/Rehabilitation Programs
level of aptitude, IQ, EQ, skills, socio-psycho profile, and Plans designed for each inmates rehabilitation plans
physical and mental status to prepare them for of inmates during initial classification board. At the
adjustment to prison life. prescribed diagnostic period, inmates are classified
Diagnostic procedures performed by different diagnostic according to the following security status: maximum,
sections in the ARPDMD, are as follows: medium and minimum.
• Medical Section- Performs a through medical
history interview, neurological and mental Composition of Classification Board
status examinations. • Chairman – Assistant Superintendent
Medical Officer- conduct physical • Vice-Chairman – Chief, ARPDMD
examination and recommends medical • Members:
treatment of prisoner. ✓ Medical Officer
• Educational and Vocational Section- conducts ✓ Security Officer
interview, prepares and submits periodic reports
on the educational profiles and work habit, ✓ Chaplain
history, interest, skills and training needs of ✓ Guidance Counselor
newly admitted inmates. ✓ Chief Education Section
Educational Counselor- conduct ✓ Chief, Agro – Industries
orientation classes in order to change
✓ Any officer whose membership is deemed
inmate attitudes toward education and
necessary by the Superintendent
recommends educational program for
the prisoner. ✓ Secretary – Chief Overseer
Vocational Counselor- test prisoners’
special abilities and skills TRANSFER
• Psychological Section- conducts interview and • Transfer Order Documentation
administer battery of psychological exams. Test • Transfer to Assigned Camps
the newly admitted inmates in the ARPDMD
and interprets, evaluates and submits Upon the Director General approval of the minutes of
psychological reports consisting of intelligence classification meeting, the Chief Overseer of the
quotients (IQ), aptitude and personality life. ARPDMD prepares Correction Order (transfer order)
Psychiatrist- examine prisoners mental for the approval of the Chief ARPDMD. Inmates for
and emotional make-up transfer are classified as to security staus and transferred
Psychologist- responsible for the to BuCor Operating facilities (Maximum and Medium
character and behavior of the prisoner Security Camps), where an inmate will serve his sentence
and comply with the program designed and/or care and up keeping of the institution
recommended for him. properties.
o Agricultural and Industrial
REHABILITATION PROGRAMS Assignments
o Unassignable- prisoners who nearly
Treatment Programs to leave the institution, awaiting
The Philippine Prison System adopted two approaches in transfer, those in disciplinary status, and
treating criminal offenders. These are the institution – those who are chronologically ill with
based programs and the Community – based treatment mental disabilities.
programs. These aimed toward the improvement of
offender’s attitude and philosophy of life, the main being 3. Religious Service
the ultimate rehabilitation of offenders by changing - To inculcate religious values or belief.
inmate’s attitude. Functions of the Chaplain:
o Conduct communion and confession of
A. The Institutional Treatment Program inmates
The confinement of criminal offenders inside the jail and o Conduct religious ministry
prison to serve their sentence by the court were o Conduct private and personal
institutional programs are applied to reform and counselling in the form of inmate
rehabilitate criminals for better individuality. interview
o Other chaplaincy service
1. Prison Education Administrative Functions of the Chaplain:
- The corner stone of rehabilitation. It is the o Member of the RDC staff
process or result of formal training school or o Member of the Classification
classrooms intended to shape the mind and Committee
attitude of prisoners towards good upon their o Render evaluation
release.
- The first recognition of education to prison was 4. Recreational Program
in 1847, New York Reformatory. - The only program that is conducted during free
time schedule.
Classes of Prison Education: Objectives:
o General and Academic Education- o Mental and physical development
to eradicate illiteracy among prisoners. o Awareness of their individual
o Vocational Education- Institutional conditions and provide method of
maintenance works and industrial improvement
projects. o Development of cooperative
- To provide prisoners necessary competitions
skill after their release. o Arouse the interest of the prisoners in
- Courses may include: Radio recreational programs.
Mechanics, Auto Mechanics, Activities: - may include the following:
Horticulture, Shoemaking, o Athletic/sports
Tailoring, Carpentry, o Music and arts
Electronics, etc. o Special activities on special events, etc
o Physical Education- designed for
those who have physical abilities. 5. Medical and Health Services
a. Mental and physical examination
2. Work Programs b. Diagnosis and treatment
- These are programs conducive to change c. Immunization
behavior in morale by training prisoners for a d. Sanitary inspections
useful occupation. e. Participation in training

6. Counselling and Casework


Classification of Prison Work Programs: Objectives of counselling:
o Educational Assignments- prisoners’ o Immediate solution of specific personal
maybe assigned to either general problem
education, vocational or physical o Help inmates to increase self-
education. understanding
o Maintenance Assignment- this Objectives of casework
assignment involves labor related to o To obtain clear description of social
history
o Solving immediate problems involving ✓ Plan the program funds for the subsistence allowance
family problems or other personal of offenders;
relationship ✓ Conduct researches, develop and implement plans and
o Assist inmates towards acceptable programs for the improvement of jail services
solutions throughout the country.
o Support inmates who are nearly
release by giving them guidance or
Organization and key position in the BJMP
information It shall be respectively headed by a Chief who shall be
o Professional assistance to offenders on
assisted by two deputy chief, one for administration and
probation or parole. one for operations, all of whom shall be appointed by the
President upon the recommendation of the Secretary of
B. The Community – Based Treatment Program - are the DILG from among the qualified officers with at least
those programs that are intended to treat criminal the rank of senior superintendent in the service.
offenders with in the free community as alternative to Provided, that in no case shall any officer who has retired
confinement. It includes all correctional activities or is restorable within 6 months from his/her
directly addressed to the offender and aimed at helping compulsory retirement age be; provided however, that in
him to become a law-abiding citizen. times of war or other natural emergency declared by the
1. Parole congress, the president may extend such tour of duty.
2. Probation
Composition of the National Headquarters
1. Command Group
BUREAU OF JAIL MANAGEMENT a. Chief, BJMP
AND PENOLOGY b. Deputy Chief for Administration and Deputy
Chief for Operation
The BJMP exercise supervision and control over all cites c. Chief of the Directorial Staff
and municipal jails throughout the country. The 2. Directorates
enactment of Republic Act No. 6975 created the BJMP. a. Directorate for Human Resource and Records
It operates as a line bureau under the Department of the Management
Interior and Local Government (DILG) Republic Act b. Directorate for Operation
No. 9263 is an act for the professionalization of the c. Directorate for Logistics
Bureau of Fire Protection and Bureau of Jail d. Directorate for Comptrollership
Management and Penology (BJMP), amending certain e. Directorate for Program Development
provisions of the Republic Act No. 6975, providing funds f. Directorate for Intelligence, Investigation and
therefore and for other purposes. “This Act shall be Inspectorate
known as the Bureau of Fire Protection and Bureau of 3. Management Support Staffs
Jail Management and Penology Professionalization Act a. Office of Legal Service
of 2004”. b. Office of General Service
c. Office of Accounting Service
Powers d. Office of Finance Service
The bureau shall exercise supervision and control e. Office of Supply Accountable Officer
over all district, city and municipal jails to ensure a f. Office of Internal Audit Service
secured, clean, sanitary and adequately equipped jail for g. Office of Chaplaincy Service
the custody and safekeeping of city and municipal h. Office of Media Affairs and Community Affairs
prisoners, any fugitives from justice or person detained Service
awaiting investigation or trial and or transfer to the i. Office of Information and Communication
National Penitentiary, and any violent or mentally ill Technology Service
person who endangers himself or the safety of others. j. Office of Health Service

Functions Regional Office


In line its mission the Bureau endeavors to perform the The BJMP operates and maintain Regional Offices in
following; each of the Administrative regions of the country, headed
by a Regional Director for Jail Management and
✓ Formulate policies and guidelines on the
Penology, assisted by Assistant Regional Directors for
administration of all district, city and municipal jails
Administration and for Operation, and Regional Chief of
nationwide.
the Directorial Staff.
✓ Formulate and implement policies for the program of Provincial Level
correction, rehabilitation and treatment of offenders.
There shall be designated Provincial Jail Administrator - Undertake the development of a systematic
to perform the same functions as the Assistant Regional process of treatment.
Director for province. - Chairman of the Classification Board and
District Office Disciplinary Board.
In the Provincial level, where there are large cities and
municipalities, a District Jail with subordinate’s jail, C. Administrative Groups
headed by District Warden may be established as - Groups that take charge of all administrative
necessary. function of the jail bureau.
City Municipal Office 1. Personnel Management Branch
In the City and Municipal level, a city or municipal • Assignment of personnel
warden shall each jail. • Procedure of selection
• Preparation of personnel report
Rank Classification of the BJMP • Individual record file
Rank - Position/Title - Appointing Authority 2. Record and Statistic Branch
Director- Chief of BJMP - President by the • Keep and maintaining books sheets and
recommendation of DILG Sec. arrest reports
C/Supt. - Deputy Chief/BJMP - President by the • Keep an orderly record of fingerprints
recommendation of DILG Sec. and photographs
n/Administration/n • Present/prepare statistical data of
n/Operations/n inmates
n/Directorial Staff/n 3. Property and Supply Branch
Senior Supt.- Regional Director - DILG Sec. with - Take charge of the safekeeping of
recommendation of the C/BJMP equipment and supplies
Supt. - Asst. Regional - Director C/BJMP with rec. of 4. Budget and Finance Branch
immediate superior - Take charge of all financial matters.
n/Administration/n 5. Mess Service Branch
n/Operations/n - Take charge of the preparation of the
n/Directorial Staff/n daily menu, prepares and cook.
n/District Jail Warden/n 6. General Service Branch
n/Provincial Jail Admin/n - Responsible for the maintenance and
Chief Insp. - City Jail Warden- n repair of jail facilities.
Senior Ins. - Municipal Jail Warden - n 7. Mittimus Computing Branch
Ins. – Warden- - Responsible to receive court decisions
SJO 4- JO1 - Jail Guards Regional Director for the and compute the date of the full
Regional Personnel and Chief of the BJMP for the completion of the service of sentence
National HQ attested by the CSC imposed therein or for detention.

Duties and Responsibilities D. Security Group


A. Warden - It provides system of sound custody, security and
- Responsible for the direction, coordination, and control of inmates and their movements and also
control of the jail responsible to enforce a prison or jail discipline.
- Security, safety, discipline and well-being of 1. Escort Platoon
inmates a. Escort Section- to escort inmate upon
The office of the Warden may organize the following order of any judicial body; upon summon
units: of a court; or transfer to other penal
1. Intelligence and Investigation Team institutions.
- It gather, collects and submits b. Subpoena Section- receives and
intelligence information to the office of distribute court summons, notices,
the warden on matter regarding the jail subpoena, etc.
condition. 2. Security Platoon
2. Jail Inspectorate Section - A three working platoon shifts
- Inspect jail facilities, personnel, and responsible for over-all security of the
prisoners and submit reports to the jail compound including gates guard
warden. posts and towers. They are also
3. Public Relation Office responsible for the admitting and
- Maintain public relation to obtain releasing unit.
necessary and adequate public support.

B. Assistant Warden
Reception Procedures, Classification Board, for body vermin, cuts, bruises and other injuries,
Disciplinary Board and Punishable Acts of Inmates and also for needle marks to determine if he is a
A well-planned and orderly reception of inmate has drug addict.
direct bearing good jail management. A decent and i. The Jail Physician or the Local Health Officer
humane program should start with the commitment of shall immediately conduct a thorough medical
the inmate since it will give him first impression of the examination of the inmate.
correctional process and will greatly affect his behavior j. When it is not possible for the Jail Physician to
while in the confinement and after his release. be in attendance during the admission of the
inmate, the receiving officer shall observe the
Reception Procedures mental alertness, overall appearance and any
The following procedures should be observe: physical abnormalities or appearance of rashes or
a. The Jail Desk Officer shall carefully check the scratches or other identifying marks of the
credentials of the person(s) bringing in the individual and note them down in the inmates
inmates to determine his/her identity and jail booking report. The inmate observe to be
authority. Also, he or she reviews the suffering from contagious diseases shall
completeness of the following documents before immediately isolated.
the person bringing an inmate/the committing k. A medical record shall be accomplish by the Jail
officer is allowed to enter the facility. The Physician or Local Health Officer showing the
documents mentioned earlier refer to the: condition of the inmate at the time of admission,
a. Commitment Order; and to include, if possible, his medical history.
b. Medical Certificate – recent medical l. As social case study shall be made by social
certificate taken within 24 hours prior to worker as a basis for the inmates’ classification
admission; and proper segregation.
c. Complaint/Information; m. The sentenced prisoner shall be provided with
d. Police Booking Sheet; and jail clothing. His personal clothing should be
e. Certificate of Detention from PNP receipted, cleaned and store safely until his
and/or NBI. release. The detainee, for his own safety, may be
b. He shall examine carefully the arrest report and allowed to wear civilian clothes.
the authenticity of the commitment order or n. As soon as possible, the inmates should be
mittimus in due form to determine whether the briefed or oriented on the jail rules and
inmate has been committed under legal authority regulations.
as provided for by Sec.3 Rule XIII, Rule of Court. o. The Warden shall establish and maintain a
c. The admitting officer or jailer shall search prison record of all inmates consisting of
carefully the inmate for weapons and other information concerning the inmates’ name and
contraband. alias, if any, weight, height and body marks or
d. The admitting officer or jailer shall take all cash tattoos, if any, nationality and, if naturalized
and other personal property from the inmate o Filipino, his previous place of residence. In the
detainee, list them down on a receipt form in case of a prisoner, the record shall also indicate
duplicate, duly signed by him and countersigned the crime for which he was convicted; the
by the inmate. The original receipt should be sentencing court, his sentence and the
kept for the record and the duplicate copy should commencement date thereof, institutional
be given to the inmate. behavior and conduct, and the date he was
e. All cash and other valuables of the inmate must received for confinement. In cases of a detainee,
be turned over to the Trust Officer or the the record shall indicate in the investigation slip
Property Custodian for safekeeping covered by number of his case. If pending with the
official receipt. prosecutor’s office; or the criminal case number
f. The inmates shall then be fingerprinted and his in the trial court where the case is pending; or
photograph taken. status on appeal; or the reason for his detention.
g. The admitting officer or jailer shall accomplish a The prison shall be signed by the Warden.
jail booking report in four copies, attaching p. Upon completion of the reception procedures,
thereto the photograph of the inmate to be the inmates shall be assigned to his quarters.
distributed as follows: q. If available, the inmate should be issued all the
a. BJMP Central Office materials that he will be using during his
b. Regional Office confinement.
c. Provincial Administrator r. A jail maybe used for safekeeping of any fugitive
d. Jail File from justice from any province, and the Warden
h. The newly admitted inmate shall be thoroughly shall in such case be entitled to receive the same
strip-search followed by a careful examination of compensation for the support and custody of
his clothing for contraband. He shall be checked such fugitive from justice as is provided for other
inmates, to be paid by other officer demanding Jail Chaplain
the custody of the prisoner, who shall be Social Worker/Rehabilitation
reimbursed for such outlay as part of the costs of Officer
the prosecution.
s. Detainee is presumed innocent and shall be b. Duties and Functions
treated as such. If possible, he shall segregated The Classification Board is tasked to conduct
from convicted prisoners. Upon receipt of the background investigation of inmates to determine the
detainee who is accused of an offense before the cell assignment, the appropriate rehabilitative program,
court, he shall be apprised, preferably in the the type of supervision and degree of custody and
dialect which he understand, that under Art. 29 restrictions applicable to the inmate/s. The investigation
of the Revised Penal Code, as amended by the shall focus on the following:
Republic Act No. 6125, his preventive 1. Facts and data of the present case, explaining
imprisonment shall be credited in the service of how he was involved in the case;
his sentence consisting of deprivation of liberty 2. Inmate's recent criminal history and the facts
the whole period he is detained if he is agrees about the inmate's attitudes and behavior while
voluntarily in writing to abide by the same confined in other institutions, if the inmate is a
disciplinary rules imposed upon those convicted recidivist or a habitual delinquent, parentage or
previously twice or more times of any crime; life history;
when upon being summoned for the execution of 3. Biography or life history;
his sentence he surrendered voluntarily. 4. Medical History;
t. If the inmates agrees to abide by the same 5. Vocational, recreational, educational and
disciplinary rules upon convicted prisoners, he religious background/interests; and
shall be asked to manifest “Agreement” in 6. Psychological characteristics as evaluated by
writing. Otherwise, the Warden shall issue a the psychiatrist and psychologist.
“Certification” under oath to effect that the
detainee was apprised of the provision of Art. 29 c. The inmate is required to appear before the
of the Revised Penal Code, as amended, and that Classification Board for a rank discussion concerning his
the detainee refused to abide by the rules assets and weakness. After which, he is informed of the
imposed upon convicted prisoners. program planned for him. He asked for his willingness
u. An inmate who signs “Agreement” shall be and cooperation to undergo this program for his own
treated as sentence prisoner in so far as work and good.
discipline are concerned. Any failure or neglect
to perform his assigned work shall be considered DISCIPLINARY BOARD
sufficient cause for the cancellation of the - Organized and maintain by jails for the purpose of
“Agreement” he shall thereafter not be treated as hearing disciplinary cases involving any inmate who
a convict prisoner and cease to earn the privilege violates jails rules and regulations
granted.
v. An inmate who is covered by a “Certification” 1. Composition
shall not be required to work but he may be made - A disciplinary board shall be organized and maintained
to polish his cell and perform other work as may for the purpose of hearing disciplinary cases involving
be necessary for hygienic or sanitary reasons. He any inmate who violates jail rules and regulations. It
shall be credited with the service of his sentence shall be composed of the following:
with four-fifths (4/5) of the time during which he • Chairperson - Assistant Warden
was detained. • Members - Chief, Custodial/Security Office
w. The Warden shall submit the “Agreement’ or Medical Officer/Public Health
“Certification”, as the case may be, shall form Officer Member
part of the records of the case. Jail Chaplain Member
x. Full credit for the preventive imprisonment shall Inmates Welfare and Development
commence from the date of the “Agreement”. Officer
Inmates’ Representative
CLASSIFICATION BOARD - If the above composition is not feasible because of
a. Composition personnel limitation, the warden shall perform the
- Each jail shall maintain a Classification Board, board’s functions and he shall act as the summary
if facilities and personnel are available, to be disciplinary officer.
composed of the following: 2. Duties and Functions
Chairman- Assistant Warden; - The Board is tasked to investigate the facts of an alleged
Members- Chief, Security Officer misconduct referred to it. It shall hold sessions as often
Medical Officer/Public Health as necessary in a room, which may be provided for the
Officer purpose. All cases referred to it shall be heard and
decided within forty-eight (48) hours from the date of b. No infirm or handicapped offender shall be
receipt of the case. meted out punishment, which might affect
3. Authorized Disciplinary Punishment Imposable to his/her health or physical well-being;
Inmates c. Corporal punishment, confinement in dark or
- The Board is authorized to impose any of the following inadequately ventilated cells and any form of
disciplinary actions/measures: cruel, unusual, inhumane or degrading
For Detainees: punishment are absolutely prohibited;
a. Admonition or verbal reprimand; d. When necessary, the jail physician shall visit
b. Restitution or reparation; the detainee/prisoner undergoing punishment
c. Temporary or permanent cancellation of all or and shall advise the warden of the need for the
some recreational privileges; termination of the punishment imposed upon the
d. Reduction of visiting time; inmate on grounds of the inmate's physical or
e. Close confinement in a cell for a period not mental health;
exceeding seven (7) days in any calendar month, e. Instruments of restraint, such as handcuffs, leg
provided that this disciplinary action shall be irons and straitjackets are not to be applied as a
imposed only in the case of an incorrigible form of punishment. They shall only be used as
inmate, and when other disciplinary measures a precaution against escape and on medical
had been proven ineffective; and grounds to prevent an offender from injuring
f. Transfer to another BJMP jail in the area, in himself or others;
coordination with the Court. f. Breaches of discipline shall be handled without
For Prisoners: anger or emotionalism and decisions shall be
a. Admonition or verbal reprimand; executed firmly and justly; and
b. Restitution or reparation; g. As a general rule, any violation of jail rules and
c. Additional job functions/community service regulations or misconduct committed by the
within the jail premises; inmate shall be dealt with accordingly. In
d. Temporary or permanent cancellation of some extreme cases where the violation necessitates
or all recreational privileges; immediate action, the warden or the officer of the
e. Reduction of visiting time; day may administer the necessary restraints and
f. Close confinement in a cell for a period not report the action he or she has taken to the
exceeding seven (7) days in any calendar month, disciplinary board.
provided that this disciplinary action shall be 5. Procedures in the Hearing of Disciplinary Cases
imposed only in the case of an incorrigible - The following procedures shall be followed in the
inmate, and when other disciplinary measures hearing of disciplinary cases:
had been proven ineffective; a. The aggrieved inmate or any person (visitor,
g. Transfer to another BJMP jail in the area in inmate or personnel) reports the violation to the
coordination with the Court; Desk Officer;
h. Suspension of visiting privileges for a period b. The desk officer shall immediately submit a
not exceeding one (1) month, provided that this written report to the warden and the latter shall
sanction shall not apply to the lawyer, physician direct the Investigation Unit to conduct an
or religious minister serving the needs of the investigation within twenty-four (24) hours
prisoner. upon receipt of the directive. The Investigation
i. Permanent cancellation of visiting privileges Unit shall submit to the Warden their report
with respect to persons not included in the together with their recommendations;
definition of immediate family under RA 7438, c. The warden shall evaluate the report and if
provided that this sanction shall not apply to the he/she believes that there is no sufficient
lawyer, physician or religious minister serving evidence to support the alleged violation, he/she
the needs of the prisoner. shall dismiss the case. If he/she believes that
sufficient evidence exists, he/she shall decide the
- In addition to the above-mentioned punishment, the case and impose the necessary penalty in case of
disciplinary board may recommend to the warden partial minor violations. If the offense is less grave or
or full forfeiture of good conduct time allowance (GCTA) grave, he/she shall endorse it to the disciplinary
to be earned for a particular month and subsequent board for hearing or decide it himself/herself as
months depending upon the gravity of the offense. a in his or her capacity as summary disciplinary
4. Limitations officer in the absence of a disciplinary board;
- The Disciplinary Board shall consider the following d. The inmate shall be confronted of the reported
limitations when imposing disciplinary punishment: violation and asked how he/she pleads to the
a. No female inmate shall be subjected to any charge. If he/she admits the violation or pleads
disciplinary punishment which might affect her guilty, the Board or the Warden, as the case may
unborn or nursing child;
be, shall impose the corresponding authorized 9) Forcing fellow inmates to render personal
disciplinary action; service to him/her and/or to others;
e. If the inmate denies the charge, a summary 10) Exchanging uniforms or wearing clothes
hearing shall be held giving the opportunity for other than those issued to him/her for the
both parties to present their testimonies and purpose of circumventing jail rules;
those of their witnesses, if any, and to present 11) Loitering or being in an unauthorized place;
evidence to shed light on the case; 12) Using the telephone without authority from
f. After the hearing, the board shall decide with the desk officer/warden;
the merits of the case as bases; 13) Writing, defacing, or drawing on walls,
g. Whether the inmate is found guilty or not, floors or any furniture or equipment;
he/she should be advised to obey the rules and 14) Withholding information, which may be
regulations strictly and be reminded that good inimical or prejudicial to the jail administration;
behaviour is indispensable for his/her early 15) Possession of lewd or pornographic
release and/or the granting of privileges; and literature and/or photographs;
h. Decisions of the Board/Summary Disciplinary 16) Absence from cell, brigade, place of work
Officer are subject to review and approval by the during headcount, or at any time without
warden or higher authority. The inmates may justifiable reason; and
request a review of the findings of the 17) Failure to turn over any implement/article/s
Board/Summary Disciplinary Officer and issued after work detail.
propriety of the penalty to the Central Office, 18) Committing any act prejudicial to or which
BJMP, whose decision be final. is not necessary to good order and discipline
c. Grave Offenses
PUNISHABLE ACTS OF INMATES 1) Making untruthful statements or lies in any
a. Minor Offenses official communication, transaction, or
1) Selling or bartering with fellow inmate(s) investigation;
those items not classified as contraband; 2) Keeping or concealing keys or locks of places
2) Rendering personal service to fellow in the jail which are off-limits to inmates;
inmate(s); 3) Giving gifts, selling, or bartering items with
3) Untidy or dirty personal appearance; jail personnel;
4) Littering or failing to maintain cleanliness and 4) Keeping in his/her possession money, jewelry,
orderliness in his/her quarters and/or cellular phones or other communication devices
surroundings; and other items classified as contraband under
5) Making frivolous or groundless complaints; the rules;
6) Taking the cudgels for or reporting 5) Tattooing others or allowing him/her to be
complaints on behalf of other inmates; tattooed on any part of the body, or keeping any
7) Reporting late for inmate formation and paraphernalia to be used in tattooing;
inmate headcount without justifiable reasons; 6) Forcibly taking or extorting money from
and fellow inmates and visitors;
8) Willful waste of food 7) Punishing or inflicting injury or any harm
b. Less Grave Offenses upon himself/herself or other inmates;
1) Failure to report for work detail without 8) Receiving, keeping, taking or drinking liquor
sufficient justification; and prohibited drugs;
2) Failure to render assistance to an injured 9) Making, improvising or keeping any kind of
personnel or inmate; deadly weapon;
3) Failure to assist in putting out fires inside the 10) Concealing or withholding information on
jail; plans of attempted escapes;
4) Behaving improperly or acting boisterously 11) Unruly conduct and flagrant disregard for
during religious, social and other group discipline and instructions;
functions; 12) Escaping, attempting or planning to escape
5) Swearing, cursing or using profane or from the institution or from any guard;
defamatory language directed at other persons; 13) Helping, aiding or abetting others to escape;
6) Malingering or pretending to be sick to skip 14) Fighting, causing any disturbance or
work assignment; participating therein and/or agitating to cause
7) Spreading rumors or malicious intrigues to such disturbance or riot;
besmirch the honor of any person, particularly 15) Indecent, immoral or lascivious acts by
BJMP personnel; himself/herself or others and/or allowing
8) Failure to stand at attention and give due himself/herself to be the subject of such
respect when confronted by or reporting to any indecent, immoral or lascivious acts;
BJMP personnel;
16) Willful disobedience to a lawful order issued d. No male inmate shall be allowed to enter the
by any BJMP personnel; female dorm;
17) Assaulting any BJMP personnel; e. Male personnel must provide female inmate
18) Damaging any government property or with utmost privacy and respect for personal
equipment; space;
19) Participating in kangaroo court, an f. No male jail personnel should be allowed to
unauthorized or irregular court conducted with enter the female dorm except in emergency cases
disregard for or perversion of legal procedures as or when necessary;
a mock court by the inmates in a jail/prison; g. Searches shall be performed by a female
20) Affiliating with any gang or faction whose personnel trained in the conduct of appropriate
main purpose is to foment regionalism or to searching methods, shall be made in accordance
segregate themselves from others; with established rules, and shall be provided with
21) Failing to inform the authorities concerned privacy during the procedure;
when afflicted with any communicable disease, h. Medical/physical examination shall be
such as tuberculosis, sexually-transmitted performed by female health personnel. In the
diseases, etc.; absence of a female health staff, the examination
22) Engaging in gambling or any game of shall be performed by a male health personnel in
chance; the presence of a female staff; and
23) Committing any act which violates any law i. Female inmates shall be provided with the
or ordinance, in which case, he/she shall be opportunity to avail themselves of all programs
prosecuted criminally in accordance with law; and activities male inmates are provided with.
and
24) Committing any act prejudicial to good order 2. Drug Users/Dependents/Alcoholics
and discipline. Any personnel, especially warden, a. Inmates found to be drug
found to be allowing and tolerating any violation users/dependents/alcoholics should be
mentioned above will be immediately relieved segregated from other inmates, especially during
from his/her designation without prejudice to the withdrawal period;
his or her being administratively charged. b. Inmates undergoing drug/alcohol withdrawal
must be referred to the jail psychiatrist,
REHABILITATION PROGRAMS IN JAILS physician or nurse for evaluation and
a. Purpose management;
- To change inmates’ pattern of criminal behaviour and c. Appropriate measures should be taken to
reform them into a law abiding and productive citizens enable inmates to follow strictly the jail
through the implementation of rehabilitation programs physician’s advice regarding diet and other
in jails. medical interventions/treatments during the
b. Treatment Program withdrawal period;
- The treatment of inmates shall be focused on the d. Maintain close supervision over inmates to
provision of services designed to encourage them to prevent attempts to commit suicide or self-
return to the fold of justice and enhance their self- mutilation by designating a jail personnel
respect, dignity and sense of responsibility as follows: trained to manage such cases; and
1. Provision for basic needs of inmates; e. Conducts a regular search of the inmate’s dorm
2. Health services; and maintain constant alertness to prevent the
3. Education and skills training; smuggling of narcotics, liquors and other
4. Religious service, guidance and counselling dangerous drugs.
services;
5. Recreation, sports and counselling services; 3. Mentally-ill
6. Work programs, such as livelihood projects; a. Inmates manifesting signs and symptoms of
7. Visitation service; and mental illness must be referred to the jail
8. Mail services; psychiatrist for evaluation and treatment;
b. Disturbed inmates (mentally-ill inmates)
HANDLING INMATES WITH SPECIAL NEEDS should be transferred to mental institutions for
1. Female proper psychiatric treatment upon the issuance
a. The female dorm should be completely of a court order;
separated from the male dorm; c. Close supervision and medical management of
b. A female personnel shall be designated to keep mentally-ill inmates should be maintained by a
the keys of the female dorms; jail medical personnel;
c. Only work suitable to their age and physical d. Place the mentally-ill inmates in separate
condition should be assigned to female inmates; dorms or in a special restraint room provided for
violent cases; and
e. Maintain close supervision over inmates to a. Inmates with disability should be segregated
guard against suicidal attempts or violent and closely supervised to protect them from
attacks on others. maltreatment and any form of abuse by other
inmates, personnel and visitors;
4. Lesbian, Gay, Bisexual, Transgender (LGBT) b. Individual case management and special
a. Segregate LGBTs to prevent their activities should be developed and conducted to
maltreatment and abuse by other inmates and to address distinct of the inmates;
prevent them from maltreating and abusing c. Collaboration with other government agencies
other inmates. should be done to ensure that disabled inmates
are provided with the services and benefits
5. Sex Offenders contemplated under the Magna Carta for
a. Inmates charged with sexually-related crimes disabled persons; and
should be segregated to prevent them from d. Tasks related to self-care of inmates with
taking advantage of other inmates; and disability shall be supervised and assisted to
b. Maintain close supervision and control. avoid potential self-harm or accidents.

6. Suicidal Inmates 10. Children in Conflict with the Law (CICL)


a. Inmates manifesting signs and symptoms of Pursuant to the RA 9344, CICL shall not be confined in
depression/suicidal tendency must be referred to jails. Hence, serious efforts shall be exerted by Wardens
the jail psychiatrist for evaluation and to immediately transfer the custody of any CICL to a
management; Youth Detention Home or Youth Rehabilitation Center.
b. Inmate who attempts to commit or has a. Upon admission, CICL shall be subjected to a
attempted to commit suicide must be transferred thorough physical examination. The results of
to a government psychiatric hospital such examination shall form part of the records
immediately upon issuance of court order; of the case of the CICL;
c. Maintain close supervision over suicidal b. Provide a separate detention cell for CICL;
inmates at all times and designate personnel c. Continuously coordinate with the Public
trained to handle such cases; and Attorney’s Office (PAO) for the provision of
d. Subject them to frequent strip/frisk searches, paralegal assistance to expedite CICL cases;
and greyhound operation for tools/materials d. Continuous coordination and follow-up of
that can be used for suicide CICL cases should be made facilitate the
provision of appropriate intervention programs
7. Sex Deviates by the DSWD;
a. Homosexuals should be segregated e. The “Law on Proportionality" in the
immediately to prevent them from influencing implementation of rehabilitation programs
other inmates or being maltreated or abused by should be observed making said rehabilitation
other inmates; and programs distinct and different from those given
b. Likewise, other sex deviates should be to adult inmates;
separated from other inmates for closer f. Unless absolutely necessary, a child in conflict
supervision and control. with law should not be handcuffed nor other
instruments of restraint applied on him/her,
8. Escape-Prone Inmates when he or she attends hearings or when he or
a. Escape-prone inmates should be held in the she is brought to the hospital or is transferred to
most secure quarters, preferably in single-inmate other institutions;
cells, to minimize their contact with one another; g. The use of vulgar or profane words should be
b. Their conduct/behavior should be closely avoided in dealing CICL;
watched/observed during and after visiting h. CICL should not be required to wear prison
hours and their activities, closely monitored; uniforms; and
c. They should be frequently strip searched and i. Upon release from confinement, the records of
their quarters frequently inspected; the CICL shall be sealed, and at an appropriate
d. Special attention should be given to the time, expunged.
examination of items recovered from strip
searches; and 11. Senior Citizen Inmates
e. Telephone calls must be restricted and only a. Senior citizen inmates should be segregated
calls that can be monitored through an extension and close supervised to protect them from
line shall be allowed. maltreatment and other forms of abuse by other
inmates;
9. Inmates with Disability
b. Individual case management strategies should 9) Additional data information.
be developed and adopted to respond to the
special needs of elderly inmates;
c. Collaboration with other government agencies
and community-based senior citizen
organizations should be done to ensure that the
services due the senior citizen inmates are
provided; and
d. Senior citizen inmates should be made to do
tasks deemed fit and appropriate, their age,
capability, and physical condition considered.

12. Infirm Inmates


a. Inmates with contagious diseases must be
segregated to prevent the spread of said
contagious diseases;
b. Infirm inmates should be referred to the jail
physician or nurse for evaluation and
management; and
c. Infirm inmates must be closely monitored and
provide with appropriate medication and utmost
care.

13. Pregnant Inmates/Female Inmates with Infants


a. Pregnant inmates must be referred to jail
physician or nurse for pre-natal examination;
b. They should be given tasks that are deemed fit
and proper, their physical limitations,
considered;
c. During active labor, pregnant inmates should
be transferred nearest government hospital;
d. Treatment of mother and her infant/s shall be
in accordance with the BJMP Policy (Refer to
DIWD Manual); and
e. Female inmates with infants shall be provided
with ample privacy during breastfeeding
activity.

14. Inmates of Other Nationalities


a. The Warden shall report in writing to the Bureau of
Immigration and the respective embassies of the detained
foreigners the following:
1) Name of Jail;
2) Name of Foreigner;
3) Nationality and the number of his/her Alien
Certificate of registration, if any;
4) Age/Sex;
5) Offense Charged;
6) Case Number;
7) Court/Branch;
8) Status of Case; and

You might also like