You are on page 1of 106

SCHOOL OF CRIMINAL JUSTTICE AND PUBLIC SAFETY

Therapeutic Modalitiesand
CACORR3
Reformation Program

Prepared by: A Self-regulated Learning Module


Mr. Benjamin O. Dulipas
A Self-regulated Learning Module 1
MODULE CONTENTS

MODULE LESSON PAGE


INTRODUCTION About the Course 3
FIRST GRADING LESSONS 4-15
CHAPTER 1
Theories and Principles of Penology, Penalty, Sentencing and
Rehabilitation including the Rights, Legal Limitation and
Conditions
The Admission Process of PDL, Release of PDL, Security 16- 54
CHAPTER 2 and Safety Processes and Requirements of PDL’s inside the
Institution, Visitation, Movement, and Escorting Procedure,
Trial of PDL’s, Custody, Control and Disciplinary Process of
PDLs in the BJMP, Provincial Jail, Bucor and other Facilities
MIDTERM GRADING LESSONS 56-78

CHAPTER 3 Rehabilitations and Reformation Programs of the BJMP,


Provincial Jails, Bucor, and other Similar Facilities.

Re-integration Programs of the PDL’s of the BJMP, 79-84


CHAPTER 4 Provincial Jails, Bucor, and other Similar Facilities

FINAL GRADING LESSONS


Rehabilitations Programs, Re-integration Programs and 85-99
CHAPTER 5 Promotion of Human Rights Program among the PDL’s
across all institution through Community Service Act.

REFERENCES 100-101
EVALUATION OF THE MODULE 102

A Self-regulated Learning Module 2


ABOUT THE COURSE

Course Code: CACORR3

Course Title: THERAPEUTIC MODALITIES AND REFORMATION PROGRAM

Units: 3 UNITS

Course description: The course covers the Theories and Principles of Penology, Penalty, Sentencing and
Rehabilitation including the Rights, Legal Limitation and Conditions,The Admission Process of PDL, Release of
PDL, Security and Safety Processes and Requirements of PDL’s inside the Institution, Visitation, Movement,
and Escorting Procedure, Trial of PDL’s ,Custody, Control and Disciplinary Process of PDLs in the BJMP,
Provincial Jail, Bucor and other Facilities, Rehabilitations and Reformation Programs, Re-integration
Programs of the PDL’s, and Promotion of Human Rights Program among the PDL’s across all
institution through Community Service Act.

Requirements 1. Attendance (Face to Face/Virtual) of


the course 2. Quiz
3. Assignments
4. Recitations/Reporting
5. Portfolio
6. Major Examination
7. Seminar

Instructor: Mr. Benjamin O. Dulipas


Official Email: bdulipas@e.ubaguio.edu
Contact Number: 09212469177

A Self-regulated Learning Module 3


FIRST GRADING LESSONS
General Objectives:
1. Discuss the Theories and Principles of Penology, Penalty, Sentencing, and Rehabilitation including the
rights, legal limitations, and conditions.
2. Understanding and conceptualize the Admission Process of PDL, Release of PDL, Security and Safety
Processes and Requirements of PDL’s inside the Institution, Visitation, Movement, and Escorting
Procedure, Trial of PDL’s, Custody, Control and Disciplinary Process of PDLs in the BJMP, Provincial
Jail, Bucor and other Facilities
3. Define the important terms in Penology and discuss the admission procedure of PDL’s.

CHAPTER 1: Theories and Principles of Penology, Penalty, Sentencing,


and Rehabilitation including the rights, legal limitations, and conditions.

Objectives:
At the end of this module, the students should be able to:
1. Discuss, the theories and Principles of Penology
2. Define and conceptualize what is Penalty, Sentencing, and Rehabilitation
3. Understanding PDL’s rights, legal limitation, and conditions.

CRIMINAL JUSTICE SYSTEM


It is the machinery that the society uses in the prevention and control of crime. The totality of the activities of
law enforces prosecutors, defense lawyers, judges, and corrections personnel as well as those of the
mobilized community in the crime prevention.

ADMINISTRATION OF JUSTICE
Basic function of government for it is through this process that order is maintained within the state.

COURTS
Administer justice to the people within a system of law rules and practices. Judges ascertain facts in each
case and decide.

Remedies or Recourses if convicted ESA


1. Exercise the right to appeal
2. Serve the sentence in jail or pay fine impose
3. Apply for probation

Penology
Penology is 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. It is a term derived from the Latin word
“POENA” which, means pain or suffering.

A Self-regulated Learning Module 4


Penology is also otherwise known as Penal Science. It is 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 efforts to repress criminal activities.

-Golden Age of Penology – ‘70 – ‘80

-RM Reformatory Movement - The reformatory movement was based on principles adopted at the 1870
meeting of the National Prison Association. NPA

-National Prisons Association - was organized in Cincinnati in 1870.

Basic Principle of Penology


1. As cruelty debases both the victim and society, punishment should not be vindictive but should aim
at the reform of the convict to observe social constraints; and

2. A convict's imprisonment should consist of task, not time sentences, with release depending on the
performance of a measurable amount of labor.

Penal Management
Penal management is the manner or practice of managing or controlling places of confinement as in jails
or prisons.

CORRECTION CSR
Correction is a branch of the Criminal Justice System concerned with the custody, supervision and
rehabilitation of criminal offenders. It is the field of criminal justice administration, which utilizes the body of
knowledge and practices of the government and the society in the general involving the processes of handling
individuals who have been convicted of offenses for purposes of crime prevention and control.

Correction as a Process
Correction as a process is the reorientation of the criminal offender to prevent him or her from
repeating his delinquent actions without the necessity of taking punitive action but rather introduction
of individual measures of reformation.

Correction Administration
It is the study and practice of a systematic management if jails or prisons and other institutions
concerned with the custody, treatment, and rehabilitation of criminal offenders.

Correction and the Criminal Justice System


The Criminal justice System is the machinery of any government in the control and prevention of
crimes 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. This is evident in the increasing number

A Self-regulated Learning Module 5


of inmates in jails or prisons. Hence, the need of prison management is necessary to rehabilitate
inmates and transform then 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 rehabilitation. The offender could avail
of the benefits of parole or executive elementary once he has served the minimum period of his
sentence.

Components of Correctional Administration: INT


1. Institutionalized Corrections
- The rehabilitation of offenders in jail or prison.

2. Non-Institutionalized Corrections
- Refers to correctional activities that may take place within the community.

3. Therapeutic Modalities
- Self-help social learning treatment model used for clients with problems of drug abuse and other
behavioral problems such as alcoholism, stealing, and other anti-social tendencies.

Terms:
Classical Theory - pain must exceed pleasure to deter crime. All are punished regardless of age, mental
condition, social status and other circumstances.

Neo-Classical - children and lunatics should not be punished as they cannot calculate pleasure and pain.

Positivist Theory - criminal is a sick person and should be treated and not punished.

Lex Taliones - an eye for an eye, a tooth for a tooth.

Eclectic - it means selecting the best of various styles or ideas.

Parole - refers to criminal offenders who are conditionally released from prison to serve the remaining
portion of their sentence in the community.

Parole and Probation Administration (PPA) - was created pursuant to Presidential Decree (P.D.) No. 968,
as amended, to administer the probation system. Under Executive Order No. 292, the Probation Administration
was renamed as the Parole and Probation Administration, and given the added function of supervising
prisoners who, after serving part of their sentence in jails are released on parole or granted conditional pardon.
The PPA and the Board of Pardons and Parole are the agencies involved in the non-institutional treatment of
offenders.

PD No. 603 - was promulgated to provide for the care and treatment of youth offenders from the time of
apprehension up to the termination of the case.

P&N Pennsylvania and New York - pioneered the penitentiary movement by developing two competing
systems of confinement. The Pennsylvania system and the Auburn system.

A Self-regulated Learning Module 6


Pennsylvania System - An early system of U.S. penology in which inmates were kept in solitary cells so that
they could study religious writings, reflect on their misdeeds, and perform handicraft work.(Solitary System).

Auburn System - An early system of penology, originating at Auburn Penitentiary in New York, under which
inmates worked and ate together in silence during the day and were placed in solitary cells for the evening.
(Congregate System)

Auburn Prison - Constructed in 1816, (opened 1819) it was the second state prison in New York, the site of
the first execution by electric chair in 1890. It uses the silent or congregate system.

Alcatraz - a US federal penitentiary, often referred to as "The Rock", the small island of Alcatraz was
developed with facilities for a light house a military fortification, a military prison (1868), and a federal prison
from 1933 until 1963.

BPW Bridewell Prison and Workhouse - was the first correctional institution in England and was a
precursor of the modern prison. Built initially as a royal residence in 1523, Bridewell Palace was given to the
city of London to serve as the foundation for a system of Houses of Correction known as “Bridewells.” These
institutions, eventually numbering 200 in Britain, housed vagrants, homeless children, petty offenders,
disorderly women, prisoners of war, soldiers, and colonists sent to Virginia.

BPW Bridewell Prison and Hospital - was established in a former royal palace in 1553 with two purposes:
the punishment of the disorderly poor and housing of homeless children in the City of London.

Burning at Stake - a form of ancient punishment by tying the victim in a vertical post and burning him

HH Halfway House - A center for helping former drug addicts, prisoners, psychiatric patients, or others to
adjust to life in general society.

Rehabilitation - to restore a criminal to a useful life, to a life in which they contribute to themselves and to
society.

Retribution - punishment inflicted on someone as vengeance for a wrong or criminal act.

Security Level - A designation applied to a facility to describe the measures taken, both inside and outside,
to preserve security and custody.

RC Rated Capacity - The number of beds or inmates assigned by a rating official to institutions within the
jurisdiction.

Reformation - The object of punishment in a criminal case is to correct and reform the offender.

PUNISHMENT AND THE CRIMINAL


Punishment is the redress that the state takes against an offending member of society that usually involves
pain and suffering.
It is also the penalty imposed on an offender of a crime or wrongdoing.

Punishment - the infliction or imposition of a penalty as retribution for an offence.

A Self-regulated Learning Module 7


Example:
Ancient: Ducking Stool - a chair fastened to the end of a pole, used formerly to plunge offenders into a pond
or river as a punishment.

Modern: Imprisonment - Imprisonment can be justified when it protects the public from serious threats.
This is a possible justification for locking up those who are likely to re-offend, and perhaps even a reason to
detain some people indefinitely.

Justice - crime must be punished by the state as an act of retributive justice, vindication of absolute right
and moral law violated by the criminal.

Ancient forms of Punishment


1. Death Penalty – affected by burning, beheading, hanging, breaking at the wheels, crucifying, strangling,
stoning, feeding to the wild animals and other forms of medieval executions.

a. Garrote- a device used in strangling condemned persons. In one form it consists of an iron collar
attached to a post. The victim's neck is placed in the collar, and the collar is slowly tightened by a screw until
asphyxiation occurs.

b. Guillotine- an apparatus designed for efficiently carrying out executions by beheading. The device
consists of a tall, upright frame with a weighted and angled blade suspended at the top. The condemned
person is secured with stocks at the bottom of the frame, positioning the neck directly below the blade.

c. Musketry/Firing Squad- The condemned person is blindfolded with hands tied at the back and shot in
public by a firing squad composed of several shooters.

d. Crucifying- Crucifixion was most frequently used to punish political or religious agitators, pirates,
slaves, or those who had no civil rights.

e. Strangling- To choke to death by compressing the throat with something (as a hand or rope): to
obstruct seriously or fatally the normal breathing of the bone wedged in his throat and strangled him.

f. Stoning- the act of pelting with stones; punishment inflicted by throwing stones at the victim (even unto
death) synonyms: lapidation. type of corporal punishment. the infliction of physical injury on someone
convicted of committing a crime.

2. Corporal Punishment/Physical torture CP/PT- affected by maiming, mutilation, whipping and other
inhumane or barbaric forms of inflicting pain.

a. Flaying- It is also known as skinning or the removal of skin from the body.
b. Branding - stigmatizing is the process in which a mark, usually a symbol or ornamental pattern, is burned
into the skin of a living person, with the intention that the resulting scar makes it permanent as a punishment
or imposing masterly rights over an enslaved or otherwise oppressed person.

c. Rack - a form of torture or punishment wherein pain is inflicted on the body through stretching.

A Self-regulated Learning Module 8


c. Impalement - (Impaling) a form of capital punishment, is the penetration of an organism by an object
such as a stake, pole, spear or hook, by complete (or partial) perforation of the body, often the central body
mass. Killing by piercing the body with a spear or sharp pole.

d. Flogging - (Flog) beat (someone) with a whip or stick as a punishment.

e. Pillory- an instrument of corporal punishment consisting of a wooden post and frame fixed on a platform
raised several feet from the ground. The head and hands of the offender were thrust through holes in the
frame (as were the feet in the stocks) to be held fast and exposed in front of it.

What's the difference between stocks and pillory?


The stocks consist of placing boards around the ankles and wrists, whereas with the pillory, the boards are
fixed to a pole and placed around the arms and neck, forcing the punished to stand.

3. Social Degradation – putting the offender into shame or humiliation.

4. Banishment or Exile – (otherwise known as Ostracism) the sending or putting away of an offender which
was carried out 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 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 cellblocks, 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 employment 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 - a type of punishment because an individual is removed from society and confined in an
institution with other criminals. Imprisonment, however, is a milder punishment than many other forms
used for centuries.

a. Dungeon - a dark cell, usually underground where prisoners are confined.


b. Ergastulum - is a Roman prison used to confine slaves. They were attached to work benches and
forced to do hard labor in period of imprisonment.

c. Gaol- Old name of Jail

2. Parole - It is the conditional release of a prisoner from correctional institution after serving the
minimum period of prison sentence.

A Self-regulated Learning Module 9


3. Probation - is a privilege granted by the court to a person convicted of a criminal offense to remain
in the community instead of going to prison/jail.

4. Fine - is the fixed monetary sanction imposed by a judge based on the severity of the crime
committed and the ability of the offender to pay.

5. Destierro- is not higher penalty than arresto mayor. Arresto mayor means imprisonment or complete
deprivation of liberty, whereas destierro means banishment or only a prohibition from residing within the
radius of 25 kilometers (but not more than 250 kilometers) from the actual residence of the accused for a
specified length of time.

Justification of Punishment
1. Retribution - Offenders should be punished because they deserve it.

2. Expiation or Atonement -The punishment is given as a form of group vengeance.

3. Deterrence – Punishment gives a lesson to the offender by showing to the offender and others what would
happen if they violated law.

Exemplarity - the criminal is punished to serve as an example to others to deter further commission of crime.
Two types of Deterrence:
a. General Deterrence -The effect of punishment on the public.
b. Specific Deterrence – The form of deterrence that is attributed to the offender himself.

4. Incapacitation and Protection – The public will be protected if the offender has been held in a condition
where he cannot harm others.

5. Reformation or Rehabilitation- The establishment of the usefulness and responsibility of the offender.

Sentencing:
There is a fundamental and immutable principle of sentencing that the sentence imposed must ultimately
reflect the objective seriousness of the offence committed and there must be a reasonable
proportionality between the sentence passed and the circumstances of the crime committed.

Purpose:
A sentence's objectives can be to: Deter the offender or others from committing future crimes. Remove an
offender from society to prevent future crimes. Tailor the punishment to further the offender's rehabilitation.

Standard on Treatment and Rehabilitation of Prisoners/Inmate/PDL


a. Safety and Orderly Security SOS- it involves safety measures to maintain the orderliness and
discipline within the jail or prison.

b. Prison Discipline - It is the state of good order and behavior. It includes maintenance of good
standards of works, sanitation, safety, educational, health and recreation. It aims at self-reliance, self-control,
self-respect, and self-discipline.

c. PreVentive Discipline -is the prompt correction of minor deViations committed by prisoners before
they become serious violations.

A Self-regulated Learning Module 10


d. Control - It involves supervision of prisoners to ensure punctual and orderly movement from one
place work program or assignment to another.

Aims of Institutional Security and Control

1. Preventive of Escapes
2. Control of Contrabands
3. Maintenance of good order

The Nelson Mandela Rules: Protecting the Rights of Persons Deprived of Liberty:
Protecting the rights of prisoners has never been easy. The Universal Declaration of Human Rights of 1948 did
not specifically refer to prisoners, although the rights it laid out—including the prohibition of torture, the right to
a fair trial and the presumption of innocence—implicitly covered them. Seven years later, in 1955, the First
United Nations Congress on the Prevention of Crime and the Treatment of Offenders adopted the
Standard Minimum Rules for the Treatment of Prisoners. This was an important start, and in 2015, the United
Nations General Assembly adopted expanded rules, known as the “Nelson Mandela Rules”, in honour of
arguably the most celebrated prisoner of the 20TH century.

The Rules are based on an obligation to treat all prisoners with respect for their inherent dignity and value as
human beings, and to prohibit torture and other forms of ill-treatment.
The United Nations Office on Drugs and Crime (UNODC) was the agency leading the revision process. The
United Nations Office of the High Commissioner for Human Rights (OHCHR) ensured that the revised rules
reflected international human rights standards adopted since the 1950s. As a result, the Mandela Rules
provide States with detailed guidelines for protecting the rights of persons deprived of their liberty, from pre-
trial detainees to sentenced prisoners.
The Rules are based on an obligation to treat all prisoners with respect for their inherent dignity and value as
human beings, and to prohibit torture and other forms of ill-treatment. They offer detailed guidance on a wide
variety of issues ranging from disciplinary measures to medical services. For example, they prohibit the
reduction of a prisoner’s food or water, as well as the use of instruments of restraint that are inherently
degrading or painful, such as chains or irons.
The Rules restrict the use of solitary confinement as a measure of last resort, to be used only in exceptional
circumstances. Mandela found solitary confinement to be “the most forbidding aspect of prison life.
There was no end and no beginning; there’s only one’s own mind, which can begin to play tricks”.
At the Robben Island prison in South Africa, Mandela led a movement of civil disobedience that led to better
conditions for inmates. His autobiography, Long Walk to Freedom, describes how the food improved, short
trousers were replaced with long ones, newspapers were permitted, and manual labour was discontinued.
The Nelson Mandela Rules emphasize that the provision of health care for prisoners is a state
responsibility, and that the relationship between health-care professionals and prisoners is governed by the
same ethical and professional standards as those applicable to patients in the community. Moreover, the Rules
oblige prison health-care services to evaluate and care for the physical and mental health of prisoners,
including those with special needs.
The minimum requirements contained in the Nelson Mandela Rules are more relevant today than ever.

A Self-regulated Learning Module 11


The minimum requirements contained in the Nelson Mandela Rules are more relevant today than ever.
Although crime rates are in decline in many parts of the world, prison populations are increasing. It is estimated
that there are well over 10 million prisoners worldwide, excluding people detained by the police or in other
administrative detention where there has been no formal decision to charge or prosecute. Moreover, the
number of persons serving life sentences increased by 84 per cent between 2000 and 2014. Global trends
also show no decline in prison violence worldwide, with little guarantee of a safe and secure environment for
many prisoners.
Mindful of these concerns, and guided by the Nelson Mandela Rules, OHCHR works to ensure that the human
rights of persons deprived of liberty are protected. In 2018, for instance, it conducted over 2,000 visits to
places of detention. Through inspection visits and assistance programs, we support States in their efforts to
improve prison conditions. Last year, after conducting 121 inspection visits to prisons in Yemen, we, in
coordination with humanitarian agencies, ensured that the wards for women and juveniles in one prison
received a solar power system, food items, blankets and water filters. In the Occupied Palestinian Territory,
regular visits by human rights officers to Palestinian detention and interrogation facilities since 2011 have
contributed to a decrease in cases of ill-treatment.

A. UN’s Standard Minimum Rules for the Treatment of Prisoners (the Nelson Mandela Rules) Part I.
RULES OF GENERAL APPLICATION (Rules 1 - 85)
Part I of the rules covers the general management of prisons, and is applicable to all categories of prisoners,
criminal or civil, untried or convicted, including prisoners subject to “security measures” or corrective measures
ordered by the judge.

BASIC PRINCIPLES:

Rule 1
All prisoners shall be treated with the respect due to their inherent dignity and value as human beings. No
prisoner shall be subjected to, and all prisoners shall be protected from, torture and other cruel, inhuman, or
degrading treatment or punishment, for which no circumstances whatsoever may be invoked as a justification.
The safety and security of prisoners, staff, service providers and visitors shall be ensured at all times.
Rule 2.
1.The present rules shall be applied impartially. There shall be no discrimination on the grounds of race,
colour, sex, language, religion, political or other opinion, national or social origin, property, birth or any other
status. The religious beliefs and moral precepts of prisoners shall be respected.
2. In order for the principle of non-discrimination to be put into practice, prison administrations shall take
account of the individual needs of prisoners, in particular the most vulnerable categories in prison
settings. Measures to protect and promote the rights of prisoners with special needs are required and
shall not be regarded as discriminatory.

Rule 3
Imprisonment and other measures that result in cutting off persons from the outside world are afflictive by
the very fact of taking from these persons the right of self-determination by depriving them of their liberty.
Therefore, the prison system shall not, except as incidental to justifiable separation or the maintenance of
discipline, aggravate the suffering inherent in such a situation.

A Self-regulated Learning Module 12


Rule 4
1. The purposes of a sentence of imprisonment or similar measures deprivative of a person’s liberty are
primarily to protect society against crime and to reduce recidivism. Those purposes can be achieved only
if the period of imprisonment is used to ensure, so far as possible, the reintegration of such persons into
society upon release so that they can lead a law-abiding and self-supporting life.

2. To this end, prison administrations and other competent authorities should offer education,
vocational training and work, as well as other forms of assistance that are appropriate and available,
including those of a remedial, moral, spiritual, social and health- and sports-based nature. All such
programmes, activities and services should be delivered in line with the individual treatment needs of
prisoners.

Rule 5
1. The prison regime should seek to minimize any differences between prison life and life at liberty
that tend to lessen the responsibility of the prisoners or the respect due to their dignity as human beings.

2. Prison administrations shall make all reasonable accommodation and adjustments to ensure that
prisoners with physical, mental or other disabilities have full and effective access to prison life on an equitable
basis.

Part II. RULES APPLICABLE TO SPECIAL CATEGORIES (Rules 86 - 122)


Part II contains rules applicable only to the special categories dealt with in each section. Nevertheless, the
rules under section A, applicable to prisoners under sentence, shall be equally applicable to categories of
prisoners dealt with in sections B, C and D, provided they do not conflict with the rules governing those
categories and are for their benefit.

A. Prisoners under sentence


B. Prisoners with mental disabilities and/or health conditions
C. Prisoners under arrest or awaiting trial
D. Civil prisoners
E. Persons arrested or detained without charge

Rights of persons deprived of liberty:


1. Live
2. Basic needs such air, water, and foods
3. treat humanely
4. Free from torture, violence, or sexual abuse
5. Medicine and healthy environment.
6. Communication
7. Visitation including conjugal visits
8. Legal services
9. Religion
10. Good Conduct Time Allowance (GCTA) and Special Time Allowance
11. Rehabilitation and Reformation
12. Air Grievances to proper authorities.

Note: The State values the dignity of every human person and guarantees full respect for human rights.
section 11 article 2 of the 1987 constitution

A Self-regulated Learning Module 13


Juridical Conditions of Penalty:
1. Productive of Suffering- the offender must feel the suffering but without affecting the integrity of the
human personality.

2. Personal- the guilty one must be the one to be punished, no proxy.

3. Equal- Penalty must be the same to all persons.


4. Legal- The consequence must be in accordance with law.
5. Certain – No one must escape its effects.
6. Commensurate with the offense- Different crimes must be punished with different penalties.
7. Correctional- Penalty must change the attitude of offenders and become a law-abiding citizen.

Constitutional Limitations on Punishment: (Bill of Rights, Article 111)


Section 1. No person shall be deprived of life, liberty, or property without due process of law, nor shall any
person be denied the equal protection of the laws.

Section 12.
(1) Any person under investigation for the commission of an offense shall have the right to be informed
of his right to remain silent and to have competent and independent counsel preferably of his own choice. If
the person cannot afford the services of counsel, he must be provided with one. These rights cannot be
waived except in writing and in the presence of counsel.

(2) No torture, force, violence, threat, intimidation, or any other means which vitiate the free will shall be
used against him. Secret detention places, solitary, incommunicado, or other similar forms of detention are
prohibited.

Section 14. (1) No person shall be held to answer for a criminal offense without due process of law.

Section 18.
(1) No person shall be detained solely by reason of his political beliefs and aspirations.

(2) No involuntary servitude in any form shall exist except as a punishment for a crime whereof the party shall
have been duly convicted.

Section 19.
(1) Excessive fines shall not be imposed, nor cruel, degrading or inhuman punishment inflicted. Neither
shall the death penalty be imposed, unless, for compelling reasons involving heinous crimes, the Congress
hereafter provides for it. Any death penalty already imposed shall be reduced to reclusion perpetua.
(2) The employment of physical, psychological, or degrading punishment against any prisoner or detainee
or the use of substandard or inadequate penal facilities under subhuman conditions shall be dealt with by law.

Section 21. No person shall be twice put in jeopardy of punishment for the same offense. If an act is
punished by a law and an ordinance, conviction or acquittal under either shall constitute a bar to another
prosecution for the same act.

A Self-regulated Learning Module 14


Section 22. No ex post facto law or bill of attainder shall be enacted.

CHAPTER 1: Theories and Principles of Penology, Penalty, Sentencing,


and Rehabilitation including the rights, legal limitations, and conditions.

Activity 1
Instruction/s: Multiple Choices: Select the correct answer for each of the following questions (On-line exam).
Mark only one answer for each item by marking the box corresponding to the letter of your choice on the
google doc’s sheet provided. (Used: laptop, Cellphone, Tablet, Computer)

1. What type of corporal punishment stigmatizing is the process in which a mark, usually a symbol or
ornamental pattern, is burned into the skin of a living person, with the intention that the resulting scar makes it
permanent as a punishment or imposing masterly rights over an enslaved or otherwise oppressed person?

A Self-regulated Learning Module 15


a. Pillory b. Flaying
c. Branding d. Shaming

2. This refers to incarcerated persons who have been sentenced to death and are awaiting execution.
a. Death Row b. Dead Man
c. Death Penalty d. Mi Ultimo Adios

3. This was contended by Cesare Beccaria, proponent of the classical theory, that punishment is to prevent
others from committing crime.
a. Deterrence b. Expiation
c. Retribution d. Exemplarity

4. What is the Golden Age of Penology?


a. 1770 – 1780 b. 1870 – 1880
c. 1970 – 1980 d. 1670 – 1680

5. What ancient form of capital punishment by cutting the head?


a. Guillotine b. Impalement
b. lapidation d. Pillory

6. What punishment inflicted on someone as vengeance for a wrong or criminal act?


a. Vengeance b. Retribution
c. Revenge d. Payback

7. What test in criminal law is a period of supervision over an offender, ordered by a court instead of serving
time in prison?
a. Probation b. Parole
c. Pardon d. Clemency

8. What penitentiaries managed and supervised by the Bureau of Corrections, an agency under the
Department of Justice?
a. Jail b. Prison
c. Lockup Jail d. Ordinary Jail
9. What agencies involved in the non-institutional treatment of offenders?
a. PPA and the Board of Pardons and Parole
b. Parole and Probation Administration (PPA)
c. Probation Administration
d. Parole and Probation Administration

10. No torture, force, violence, threat, intimidation, or any other means which vitiate the free will shall be used
against him. Secret detention places, solitary, incommunicado, or other similar forms of detention are
prohibited. What section in Article 111 of Bill of Rights?
a. Section 1 b. Section 12
c. Section 14 d. a. Section 21

11. What State values the dignity of every human person and guarantees full respect for human
rights? a. section 1 article 2 of the 1987 constitution

A Self-regulated Learning Module 16


b. section 1V article 2 of the 1987 constitution
c. section 11 article 2 of the 1987 constitution
d. section 111 article 2 of the 1987 constitution

12. What basic principles in UN’s Standard Minimum Rules for the Treatment of Prisoners that there shall be
no discrimination on the grounds of race, colour, sex, language, religion, political or other opinion, national or
social origin, property, birth, or any other status?
a. Rule 1 b. Rule 2
c. Rule 3 d. Rule 4

13. What provide States with detailed guidelines for protecting the rights of persons deprived of their liberty,
from C to sentenced prisoners?
a. Mandela Rules
b. United Nations Office on Drugs and Crime
c. United Nations Office of the High Commissioner for Human Rights
d. UNSMRTP Rules

14. What involves safety measures to maintain the orderliness and discipline within the jail or prison?
a. Safety and Orderly Security
b. Prison Discipline
c. Preventive Discipline
d. Control

15. What center for helping former drug addicts, prisoners, psychiatric patients, or others to adjust to life in
general society?
a. BuCoR b. BJMP
c. Halfway House d. Correctional Administration

CHAPTER 2: The Admission Process of PDL, Release of PDL, Security and Safety
Processes and Requirements of PDL’s inside the Institution, Visitation, Movement, and Escorting
Procedure, Trial of PDL’s, Custody, Control and Disciplinary Process of PDLs in the BJMP,

Provincial Jail, BuCor and other Facilities

Objectives:
At the end of this module, the students should be able to:
1. Discuss, and summarize the Admission Process of PDL, Release of PDL, Security and Safety Processes
and Requirements of PDL’s inside the Institution, Visitation, Movement, and Escorting Procedure, Trial of

A Self-regulated Learning Module 17


PDL’s, Custody, Control and Disciplinary Process of PDLs in the BJMP, Provincial Jail, BuCor and other
Facilities.
2. Define and understand what Admission Process, Security and Safety is, Visitation, Movement, and
Escorting Procedure, Trial of PDL’s, Custody, Control and Disciplinary the BJMP, Provincial Jail, BuCor and
other Facilities

BUCOR: (BUREAU OF CORRECTIONS OPERATING MANUAL) ADMISSION AND CONFINEMENT OF


INMATES
SECTION 1. Reception and Diagnostic Center; functions. There shall be a Reception and Diagnostic Center in
every prison which shall receive, study, and classify inmates and detainees committed to the Bureau.

SECTION 2. Quarantine. Upon admission in the Reception and Diagnostic Center, an inmate shall be placed
in quarantine for at least five (5) days during which he shall be given a physical examination to determine any
physical illness or handicap or mental ailment and to segregate those suspected of having an infectious or
contagious disease. If found sick, the inmate shall be immediately confined in the prison hospital; oriented with
prison rules; and interviewed by a counselor, social worker or other program staff officer. The interview shall be
conducted in private.

SECTION 3. Assignment of inmate. After the quarantine period, the inmate shall remain in the Reception and
Diagnostic Center for a period not exceeding fifty-five (55) days where he shall undergo psychiatric,
psychological, sociological, vocational, educational, and religious and other examinations. The results of said
examinations shall be the basis for the inmate's individualized treatment program. Thereafter, he shall be
assigned to a prison facility as may be recommended by the Chief of the Reception and Diagnostic Center.

SECTION 4. Inmate record. The Reception and Diagnostic Center shall keep a complete record of an inmate
which shall include the inmate's personal circumstances; a brief personal, social, and occupational history; the
result of the intake interview; and initial security classification.

ADMISSION OF INMATES:
SECTION 1. Admission. An inmate shall be admitted in the Reception and Diagnostic Center of a prison upon
presentation of the following documents:
a. Mittimus/Commitment Order of the court.
b. Information and Court decision in the case.
c. Certification of detention, if any; and
d. Certification that the case of the inmate is not on appeal. A female inmate shall be received only at the CIW.
SECTION 2. Form of mittimus/commitment order. The mittimus/commitment order shall be under the signature
of the judge and shall bear the seal of the court attested by the clerk of court thereof.

SECTION 3. Registration book. A prison shall keep abound registration book wherein all commitments shall be
recorded chronologically.
The register shall contain the following entries: a.
Name of the inmate.
b. Reason for commitment and the authority therefor.
c. Sentence.
d. Date and hour of admission; and
e. Date and hour of discharge or transfer and basis therefor.

A Self-regulated Learning Module 18


SECTION 4. Admission process. After registration, the inmate shall be photographed, front and side view,
fingerprinted and assigned a permanent prison number. The male inmate shall then be given a regulation
haircut and his beard/mustache, if any, shall be shaven off.

SECTION 5. Hairpieces. An inmate may not wear a wig or artificial hairpiece unless medical authorization to do
so is approved by the Superintendent.

SECTION 6. Place for admission. The admission of an inmate shall be made in an area that is physically
separated from the general prison population.

SECTION 7. Body search of inmate; personal effects. Upon admission, the inmate shall be searched
thoroughly. He shall be allowed to retain in his possession only such articles as are authorized hereunder. A
list of all articles taken from the inmate shall be entered in the inmate's record and receipted for by the guard in
charge thereof. All articles taken from the inmate shall be returned to him upon his discharge unless previously
disposed of at the inmate's request or ordered condemned by the Superintendent after a lapse of two (2)
years. If the inmate brings in any drug or medicine, the medical officer on duty shall decide on its disposition.

SECTION 8. Confiscation of contraband. Narcotics and all other prohibited drugs or substances, the
possession and/or use of which are punishable under our laws, all types of weapons, substances or
chemicals that may cause injury to persons, and items or articles which an inmate is not allowed to possess
under prison rules shall be considered contraband items and confiscated.

SECTION 9. Issuance of uniforms etc. The newly admitted inmate shall be issued two (2) regulation
uniforms/suits and two (2) t-shirts. Whenever practicable, he shall also be issued the following
items: a. One (1) blanket.
b. One (1) mat.
c. One (1) pillow with pillowcase.
d. One (1) mosquito net.
e. One (1) set, mess kit; and
f. One (1) pair, slippers.
The inmate shall be held responsible and accountable for the items issued to him.

SECTION 10. Personal effects of inmate. In addition to the articles supplied by the prison, the inmate may
bring clothes and other items essential to his wellbeing, provided the quantity, nature and dimension thereof
will not interfere with the safety and living conditions of the other inmates. The Superintendent may allow the
inmate to bring in electrical equipment like television sets, radio cassettes, video players, electric fans and
similar items provided the same is for common use with other inmates. In no case shall an inmate be allowed
to bring in luxurious items such as air conditioners, carpets, sofas, beds, sleeping mattresses, washing
machines and the like.

SECTION 11. Wearing of jewelry. An inmate may not wear jewelry items. He may, however, be allowed to
wear an inexpensive watch.

CLASSIFICATION OF INMATES
SECTION 1. Classification Board. Every prison shall have a Classification Board that shall classify inmates in
accordance with this Chapter.
The Board shall be composed of the following:
Chairman: Superintendent
Vice-chairman: Chief, Reception and Diagnostic Center

A Self-regulated Learning Module 19


Secretary: Chief Overseer Member:
1. Medical Officer,
2. Chief, Education Section
3. Chief, Agro-Industries Section

SECTION 2. Inmates; how classified. Inmates shall be classified as to security status and as to entitlement to
prison privileges.

SECTION 3. Classification of inmates as to security risk. An inmate shall be assigned to any of the following
security groups:
a. Maximum security — This shall include highly dangerous or high security risk inmates as determined by
the Classification Board who require a high degree of control and supervision. Under this category are: i.
those sentenced to death.
ii. those whose minimum sentence is twenty (20) years imprisonment. iii. remand inmates or detainees
whose sentence is twenty (20) years and above and those whose sentences are under review by the
Supreme Court or the Court of Appeals. iv. those with pending cases.
v. recidivists, habitual delinquents, and escapees.
vi.those confined at the Reception and Diagnostic center. vii. those under disciplinary punishment or
safekeeping; and viii. those who are criminally insane or those with severe personality or emotional
disorders that make them dangerous to fellow inmates or the prison staff.

b. Medium security — This shall include those who cannot be trusted in less-secured areas and those whose
conduct or behavior require minimum supervision. Under this category are:
i. those whose minimum sentence is less than twenty (20) years imprisonment. ii.
remand inmates or detainees whose sentences are below twenty (20) years.
iii. those who are eighteen (18) years of age and below, regardless of the case and sentence.
iv. those who have two (2) or more records of escapes. They can be classified as medium security inmates if
they have served eight (8) years since they were recommitted. Those with one (1) record of escape must
serve five (5) years; and
v. first offenders sentenced to life imprisonment. They may be classified as medium security if they have
served five (5) years in a maximum-security prison or less, upon the recommendation of the
Superintendent. Those who were detained in a city and/or provincial jail shall not be entitled to said
classification.

c. Minimum security — This shall include those who can be reasonably trusted to serve their sentences
under less restricted conditions. Under this category are:
i. those with a severe physical handicap as certified by the chief medical officer of the prison.
ii.those who are sixty-five (65) years old and above, without pending case and whose convictions are not on
appeal. iii. those who have served one-half (1/2) of their minimum sentence or one-third (1/3) of their
maximum sentence, excluding Good Conduct Time Allowance (GCTA) as provided in Chapter 4, Part III
hereof; and iv. Those who have only six (6) months more to serve before the expiration of their maximum
sentence.

SECTION 4. Color of Uniform as to security classification. The color of the uniform of an inmate shall be
based on his security classification, as follows: a. Maximum security — tangerine
b. Medium security — blue
c. Minimum security — brown
d. Detainee — gray.

A Self-regulated Learning Module 20


SECTION 5. Classification of inmates as to entitlement to privileges. Inmates shall be classified as follows to
determine their entitlement to prison privileges: a. Detainee.
b. Third Class inmate — one who has either been previously committed for three (3) or more times as a
sentenced inmate, except those imprisoned for non-payment of a fine and those who had been reduced from a
higher class.
c. Second Class inmate — a newly arrived inmate; an inmate demoted from first class; or one promoted
from the third class.
d. First Class inmate — one whose known character and credit for work while in detention earned
assignment to this class upon commencement of sentence; or one who has been promoted from the second
class. e. Colonist.

SECTION 6. Colonist. The Director may, upon the recommendation of the Classification Board, classify an
inmate who has the following qualifications as a colonist:
a. be at least a first-class inmate and has served one (1) year immediately preceding the completion of
the period specified in the following qualifications.
b. has served imprisonment with good conduct for a period equivalent to one fifth (1/5) of the maximum
term of his prison sentence, or seven (7) years in the case of a life sentence.

SECTION 7. Privileges of a colonist. A colonist shall have the following privileges:


a. credit of an additional GCTA of five (5) days for each calendar month while he retains said classification
aside from the regular GCTA authorized under Article 97 of the Revised Penal Code.
b. automatic reduction of the life sentence imposed on the colonist to a sentence of thirty (30) years.
c. subject to the approval of the Director, to have his wife and children, or the woman he desires to marry, live
with him in the prison and penal farm. Transportation expenses of the family going to and the discharge of
the colonist from the prison and penal farm shall be for the account of the government. The family may avail
of all prison facilities such as hospital, church, and school free of charge. All the members of the family of a
colonist shall be subject to the rules governing the prison and penal farm.
d. as a special reward to a deserving colonist, the issuance of a reasonable amount of clothing and ordinarily
household supplies from the government commissary in addition to free subsistence; and
e. to wear civilian clothes on such special occasions as may be designated by the Superintendent.

SECTION 8. Inmates who are spouses. Husband and wife inmates may be allowed to serve their sentence
together in a prison and penal farm as soon as both are classified as colonists.

SECTION 9. Revocation of colonist status. The grant of colonist status may, for cause, be revoked at any time
by the Superintendent with the approval of the Director.

CONFINEMENT AND ACCOMMODATIONS OF INMATE


SECTION 1. Place of confinement. An inmate shall only be confined in a place declared by the President of
the Philippines by Executive Order to be a place of confinement of national inmates or by specific direction of
the court, provided that a male inmate shall be committed directly to and shall be confined in a prison nearest
his actual place of residence. A prison may also be used as a place of detention for other classes of inmates or
for the temporary safekeeping of any person detained upon legal process.

SECTION 2. Security compounds. A prison shall, whenever possible, have separate prison compounds for the
segregation of inmates according to their security classification. Each compound shall be under a
Superintendent who is assisted by an Assistant Superintendent.

A Self-regulated Learning Module 21


SECTION 3. Separate facilities. Where facilities permit, there shall be separate dormitories to house inmates
under the following categories: a. Finally sentenced inmates.
b. Death Convicts.
c. Inmates who, by reason of their criminal record, are likely to exercise a negative influence on other inmates.
d. Detainees.
e. Youth Offenders or those below eighteen years of age.
f. First Offenders.
g. Habitual delinquents, recidivists, escapees.
h. Infirm, aged, invalids and other finally convicted inmates whose physical condition seriously impairs their
mobility.
i. Those suffering from mental disease or abnormality, including sexual deviates. j. Female offenders.
k. Drug dependents.
l. Foreign nationals; and
m. Members of cultural minorities.

SECTION 4. Prison accommodation standards.


a. All accommodations for the use of inmates shall meet requirements of sanitation and hygiene with emphasis
on adequate ventilation, living space and lighting.
b. Bathrooms and washing areas shall be provided in every prison facility.
c. All areas regularly used by inmates shall be properly maintained and kept clean at all times.
d. Beds and clothing shall be neatly made up in a uniform manner at all times. Beds and buildings occupied by
inmates shall be thoroughly disinfected at least once a month.
e. Cleanliness shall be maintained at all times in all dormitories or cells specially toilet and baths.
f. As often as it is necessary, an inmate shall send his dirty clothes to the laundry.

Every Sunday and holiday, if weather permits, inmates will expose their clothes, beds, bedding and so forth in
the sunshine in an area designated for the purpose. Cleanliness of the premises of the dormitories and their
surroundings shall be strictly enforced. Littering is prohibited. Inmates shall be served meals three (3) times a
day. Breakfast shall be served not more than fourteen (14) hours after the previous day's dinner.

SECTION 5. Youth camps. The Bureau shall maintain agricultural and forestry camps where youth offenders
may serve their sentence in lieu of confinement in a prison.

TRANSFER OF INMATES
SECTION 1. Transfer of inmate to another prison. An inmate may be transferred by the Director upon the
recommendation of the Superintendent concerned to another prison facility to bring said inmate closer to his
family or as part of his rehabilitation program.
SECTION 2. Transfer of insane inmates. An inmate who has been confirmed to be mentally abnormal or
insane may be transferred to a mental hospital with the approval of the Director.

SECTION 3. Transfer of inmate to a stockade of the Armed Forces of the Philippines (AFP). The confinement
of an inmate may be transferred to an AFP stockade provided the inmate is certified as minimum-security risk
and does not belong to any of the following categories: a. Inmate serving a life term or sentenced to death.
b. Inmate with a previous record of escape.
c. Recidivist.
d. Inmate serving sentence for a crime involving moral turpitude.
e. Female inmate.
f. Inmate who had previously been transferred to an AFP stockade and was returned to prison for cause.

A Self-regulated Learning Module 22


g. Inmate who is more than fifty (50) years old or who can no longer perform manual work.
h. Inmate who is a permanent resident of a place within a radius of one hundred (100) kilometers from the AFP
stockade where he is being transferred; or
i. Inmate with a pending case or who is a witness in any pending criminal case.

SECTION 4. Transfer of inmate not eligible to be a colonist to a prison and penal farm. Upon the
recommendation of the Classification Board, the Director may also transfer to a prison and penal farm an
inmate who, although not eligible for classification as a colonist, is:
a. physically and psychologically fit to absorb the rehabilitative program in the colony, or
b. that such an assignment is therapeutically indicated.

SECTION 5. Transfer of inmates to a provincial jail and vice versa. The President of the Philippines may direct,
as the occasion may require, the transfer of inmates from a national prison to a provincial jail, or vice versa.
The expenses for such transfers shall be borne by the Bureau except the cost of escort service which shall be
provided by the Philippine National Police.

SECTION 6. Mental and physical examination of inmate to be transferred. The inmate shall be given a mental
and physical examination prior to his transfer.

Furlough- It is an authorization that permits PDL to leave the place of confinement for emergency reasons.

OUTSIDE MOVEMENT OF INMATES


SECTION 1. Movement of inmate outside confinement facility. The Superintendent of a prison may authorize
an inmate to be taken out of prison in the following instances:
a. to appear in court or other government agency as directed by competent authority.
b. for medical examination/treatment or hospitalization in an outside clinic or hospital; or
c. to view the remains of a deceased relative.

SECTION 2. Approval by Secretary of outside movement. The prior approval of the Secretary shall be required
for the outside movement of an NBP or CIW inmate as provided in paragraphs b. and c. above. (Delegated to
BuCor Director pursuant to Department Order 015)

SECTION 3. Outside movement of death convict. A death convict shall not be allowed to leave his place of
confinement except for the urgent treatment or diagnosis of a life-threatening or serious ailment, if the
diagnosis cannot be done or the treatment provided in the prison hospital. (Repealed by RA 9346)

SECTION 4. Basis of court appearance. The court appearance of an inmate shall be based on a subpoena
issued by the court as endorsed by the Director.
SECTION 5. Court appearance of life termer or death convict. No inmate sentenced to death or life
imprisonment confined in the NBP shall be brought outside said prison for appearance or attendance in any
court except when the Supreme Court authorizes the presiding judge of said court, upon proper application, to
effect the transfer of said inmate. The NBP Superintendent shall request the judge in Metro Manila and in the
provinces of Rizal, Bulacan, Cavite and Laguna who requires the appearance or attendance in any judicial
proceeding of an NBP death convict or life termer to conduct such proceeding within the premises of the said
prison. (Administrative Circular No. 2 dated December 2, 1976, cited in Administrative Circular dated 6
December 5, 1977 of the Supreme Court)

SECTION 6. Application to view the remains of a deceased relative, supporting documents. A minimum or
medium security inmate may, upon written application, be allowed by the Superintendent to view the

A Self-regulated Learning Module 23


remains of the following relatives upon written application and submission of the original or certified true
copies of the death certificate, the burial permit and the documents specified hereunder: a. Wife or husband
(marriage certificate).
b. Child (birth certificate of child and marriage certificate of the inmate).
c. Brother/sister (birth certificate of brother/sister and birth certificate of the inmate).
d. Father/mother (birth certificate of the inmate).
e. Grandchild (birth certificate of grandchild and of the latter's parent who may be son or daughter of the
inmate).
f. Grandparent (birth certificate of the inmate and of his/her parent who is the son/daughter of the deceased
grandparent).

SECTION 7. When to file application. The application to view the remains of a deceased relative and all its
supporting documents shall be filed with the Superintendent at least two (2) days before the enjoyment of the
privilege sought. In the case of an NBP or CIW inmate, the application and its supporting documents, together
with the prison record of the inmate and the favorable recommendation of the Superintendent thereof and the
Director, shall be forwarded to the Secretary for final action at least one (1) working day before the privilege is
to be enjoyed. (Amended by Department Order 015)

SECTION 8. Duration of privilege. — The inmate may be allowed more or less three (3) hours to view the
deceased relative in the place where the remains lie in state but shall not be allowed to pass any other place in
transit, or to join the funeral cortege.

SECTION 9. Distance of travel. — The privilege may be enjoyed only if the deceased relative is in a place
within a radius of thirty (30) kilometers by road from the prison. Where the distance is more than thirty (30)
kilometers, the privilege may be extended if the inmate can leave and return to his place of confinement during
the daylight hours of the same day.

RIGHTS OF AN INMATE
SECTION 1. Rights of an inmate. An inmate shall have the following basic rights: a.
to receive compensation for labor he performs.
b. to be credited with time allowances for good conduct and loyalty.
c. to send and receive mail matter.
d. to practice his religion or observe his faith.
e. to receive authorized visitors.
f. to ventilate his grievances through proper channels. and
g. to receive death benefits and pecuniary aid for injuries.

SECTION 2. Privileges of an inmate. — The following privileges shall also be extended to an inmate: a.
Attend or participate in any entertainment or athletic activity within the prison reservation.
b. Read books and other reading materials in the library.
c. Smoke cigar and cigarettes, except in prohibited places.
d. Participate in civic, religious and other activities authorized by prison authorities. and
e. Receive gifts and prepared food from visitors subject to inspection.
SECTION 3. Rights of a detainee. — A detainee may, aside from the rights and privileges enjoyed by a finally
convicted inmate, wear civilian clothes and to grow his hair in his customary style.

PRISON LABOR

A Self-regulated Learning Module 24


SECTION 1. Prison labor of finally convicted inmate. A finally convicted able-bodied inmate may be required to
work at least eight (8) hours a day, except on Sundays and legal holidays, in and about the prison, public
buildings, grounds, roads, and other public works of the national government. In the interest of the service,
however, they may be required to work on excepted days.

SECTION 2. Prison labor of detainee. A detainee may not be required to work in prison. However, he may be
made to police his cell and perform such other labor as may be deemed necessary for hygienic or sanitary
reasons.

SECTION 3. Agreement of detainee to abide by rules imposed on finally convicted inmates. Upon his
admission, the detainee shall be informed that he may be credited in the service of his prison sentence with
the full time during which he may have undergone preventive imprisonment if he agrees in writing to abide by
the same disciplinary rules imposed on convicted inmates, provided the detainee is not a recidivist or has been
convicted previously twice or more times of any crime. If the detainee agrees, he shall be asked to manifest his
agreement in writing.

SECTION 4. Certification of Superintendent if detainee refuses to abide by rules imposed on finally convicted
inmates. If the detainee does not agree to abide by the same disciplinary rules as a finally convicted inmate,
the Superintendent shall issue a certification under oath to the effect that the detainee was apprised of his right
to be credited in the service of his prison sentence with the full time during which he may have undergone
preventive imprisonment and that the inmate refused to abide by the rules imposed upon convicted inmates.

In such a case, the detainee shall be credited in the service of his sentence with four-fifths (4/5) of the time
during which he has undergone preventive imprisonment.

SECTION 5. Agreement or Certification as part of prison record. The agreement or certification mentioned
above shall form part of the prison record of the detainee.

SECTION 6. Female inmate. A female inmate shall only be assigned to work on jobs suitable to her age and
physical condition. She shall be supervised only by women officers.

SECTION 7. Old inmate. An inmate over sixty (60) years of age may be excused from mandatory labor.

SECTION 8. Place of work assignment. Only medium and minimum-security inmates may be assigned to work
in agricultural field projects within a prison reservation. Maximum security inmates shall not be allowed to work
outside the maximum-security compound.

SECTION 9. Work programs. Work programs shall be conducted in prison to promote good work habits and
self-esteem among inmates and not as a means to exploit cheap prison labor or as a punishment for deviant
behavior.

TIME ALLOWANCE FOR GOOD CONDUCT AND LOYALTY (Repealed by RA 10592)


SECTION 1. Who may grant Good Conduct Time Allowance (GCTA). The Director may grant GCTA to an
inmate who displays good behavior and who has no record of breach of discipline or violation of prison rules
and regulations.

A Self-regulated Learning Module 25


"ART. 99. Who grants time allowances. – Whenever lawfully justified, the Director of the Bureau of Corrections,
the Chief of the Bureau of Jail Management and Penology and/or the Warden of a provincial, district, municipal
or city jail shall grant allowances for good conduct. Such allowances once granted shall not be revoked."

SECTION 2. Effects of GCTA. The good conduct or behavior of an inmate shall entitle him to the following
deductions from the period of his sentence:
1. During the first two years of imprisonment, he shall be allowed a deduction of twenty days for each month of
good behavior during detention.
"2. During the third to the fifth year, inclusive, of his imprisonment, he shall be allowed a reduction of
twentythree days for each month of good behavior during detention.
"3. During the following years until the tenth year, inclusive, of his imprisonment, he shall be allowed a
deduction of twenty-five days for each month of good behavior during detention.
"4. During the eleventh and successive years of his imprisonment, he shall be allowed a deduction of thirty
days for each month of good behavior during detention: and
"5. At any time during the period of imprisonment, he shall be allowed another deduction of fifteen days, in
addition to numbers one to four hereof, for each month of study, teaching or mentoring service time rendered.
"An appeal by the accused shall not deprive him of entitlement to the above allowances for good conduct."

SECTION 3. Computation of GCTA. — Calendar months and years are considered reference to sentences and
time served, while thirty (30) days constitute a month in computing GCTA credits.

SECTION 4. GCTA of detainee. — A detainee shall only be granted GCTA if he voluntarily offers in writing to
perform such labor as may be assigned to him. In such a case, the credit he may receive shall be deducted
from sentence as may be imposed upon him if he is convicted.

SECTION 5. GCTA of life termer. — An inmate sentenced to life imprisonment shall not be granted GCTA
while his sentence is on appeal.

SECTION 6. Revocation of GCTA. — GCTA once granted shall not be revoked without just cause.

SECTION 7. Restoration of GCTA. — The GCTA which an inmate is deprived of because of misconduct may
be restored at the discretion of the Director upon the recommendation of the Superintendent.

SECTION 8. Special time allowance for loyalty. — A deduction of one-fifth (1/5) of the period of his sentence
shall be granted to an inmate who, after evading the service of his sentence on the occasion of a disorder
resulting from a conflagration, earthquake, explosion, or similar catastrophe, or during a mutiny in which he
has not participated, gives himself up voluntarily to the authorities within forty-eight (48) hours following the
issuance of a proclamation announcing the passing away of such calamity. A deduction of two-fifths of the
period of his sentence shall be granted in case said prisoner chose to stay in the place of his confinement
notwithstanding the existence of a calamity or catastrophe enumerated in Article 158 of this Code.

"This Article shall apply to any prisoner whether undergoing preventive imprisonment or serving sentence."
INMATE COMMUNICATION
SECTION 1. Right to communicate. An inmate shall have the right to communicate or correspond with persons
and organizations and to send and receive letters, packages, books, periodicals and other materials that can
be lawfully sent by mail.

A Self-regulated Learning Module 26


SECTION 2. Censorship of mail matter. All letters sent or received by an inmate, as well as magazines, books,
periodicals and all reading matters, shall be subject to censorship to prevent the entry of contraband and the
entry or exit of information that may adversely affect the security of the prison.

SECTION 3. Guidelines on censorship of mail matter. The sending and receiving of mail by all inmates shall be
governed by the following guidelines:
a. Inmate mail shall be secured until such time that the censors are ready to examine them.
b. Inmate mail shall be opened and searched by qualified, trained, and authorized personnel.
c. Greeting cards shall be carefully examined, and fillers of any kind found therein shall be collected for
laboratory examination.
d. Photographs shall be marked on the reverse side and replaced in the envelope.
e. In censoring mail, prison slang, unusual nicknames and sentences with double meaning shall be carefully
studied and deciphered.
f. Letters passed by censors shall bear the censor's stamp at the top of each page and on the envelope. The
letter shall be replaced in the same envelope and resealed.

The contents of an inmate's mail shall be confidential and shall not be discussed with other prison personnel.

SECTION 4. What may be censored. All letters containing statements concerning the security or reputation of
the prison like escape attempts, smuggling/trafficking of contraband or statements that may affect prison rules
and policies, shall be censored out. Any item or correspondence or enclosure that does not conform with
regulations or are detrimental to the security, good order and discipline of the prison shall be confiscated and
submitted to the Superintendent for disposition.

SECTION 5. Collection and delivery of mail. The mail officer shall collect and deliver mail matters on a daily
basis, Monday through Friday. An inmate shall be advised to claim his mail if he fails to claim his letter within
twenty-four (24) hours after it is received in prison.

SECTION 6. Expenses for special delivery of mail. Inmates shall be allowed to send letters by registered
certified, stamped, or special delivery at their expense.

SECTION 7. Sending of money. Inmates may receive or send money through the prison postal service under
the supervision and assistance of designated prison officers. The mail officer shall issue a receipt in duplicate
for the amount enclosed in the inmate's incoming letter and shall deposit in the Trust Fund described in
Section 6, Chapter 3 of these Rules. The original receipt signed by the mail officer shall be filed with the Trust
Fund Officer and the duplicate copy thereof shall be given to the inmate.

SECTION 8. Mail privilege of inmate under punishment. Inmates under disciplinary punishment shall be
allowed full mail privileges unless his misconduct involves a serious violation of mail regulations.

SECTION 9. Use of telephone. All offender who demonstrates good behavior shall earn one telephone call to
an authorized individual every ninety (90) days. In such a case, the telephone call shall be monitored and shall
have a duration not exceeding five (5) minutes. When making the call, the inmate shall identify himself as an
inmate.

SECTION 10. Foreign inmates. Inmates of a foreign nationality shall be allowed to communicate with the
diplomatic and consular representatives of the State of which he or she is a national.

A Self-regulated Learning Module 27


SECTION 11. Stateless inmates. A national of a state without diplomatic or consular representation in the
country and a refugee or stateless person shall also be allowed to communicate with the diplomatic authorities
of the state which takes charge of his or her interests or any national or international authority tasked to protect
such person.

INMATE MANUSCRIPTS
SECTION 1. Definition of manuscript. As used herein, "manuscript" means fiction, nonfiction, poetry, music and
lyrics, drawings and cartoons, and other writings of a similar nature.

SECTION 2. Manuscript preparation. An inmate may prepare a manuscript for private use or for publication
while in custody without prison staff approval. The inmate may use only non-work time to prepare a
manuscript.

SECTION 3. Mailing of inmate manuscripts. An inmate may mail a manuscript as general correspondence in
accordance with existing rules. He may not, however, circulate his manuscript inside the prison.

SECTION 4. Limitations on an inmate's accumulation of manuscript material. The Superintendent may limit, for
housekeeping, fire-prevention, or security reasons, the amount of accumulated inmate manuscript material.

EXERCISE OF RELIGIOUS BELIEFS AND PRACTICES


SECTION 1. Religious freedom. The religious beliefs and moral precepts of an inmate shall be respected.

SECTION 2. Proselytizing. No prison official shall proselytize inmates under his supervision or allow any
inmate to do so without the consent of the inmate concerned. Reasonable opportunity and access shall be
provided to inmates requesting information about the activities of any religion with whom they may not be
actually affiliated.

SECTION 3. Pastoral visits. An accredited priest, minister or pastor may be allowed to hold regular service and
to pay pastoral visits in private to inmates of his religion at such hours as may be prescribed by the
Superintendent.

SECTION 4. Worship services. Attendance by an inmate of worship services and similar religious activities
shall be on a voluntary basis.

SECTION 5. Sponsor in a religious rite. A prison official, employee or guard, or his wife and children, shall not
act as sponsor or otherwise actively participate in any religious rite or activity involving an inmate or a member
of the immediate family of an inmate.

SECTION 6. Privileged communication. All personal communications of an inmate to a chaplain or priest either
as a formal act of religion or as a matter of conscience, shall be treated as a privileged communication. The
chaplain or priest concerned shall not be required to disclose said communications.

SECTION 7. Dietary requirements. Inmates observing religious feasts or celebrations may be given raw rations
or special diets in accordance with their beliefs. The cost thereof shall be limited to the recommended daily per
capita.

A Self-regulated Learning Module 28


MARRIAGE OF INMATES AND DETAINEES
SECTION 1. Request to marry. An inmate or detainee who wants to get married shall submit a written request
therefor with the Superintendent. The Superintendent shall approve an inmate's request to marry except where
a legal restriction to the marriage exists, or where the proposed marriage presents a threat to the security or
good order of the prison, or to the protection of the public.

SECTION 2. Eligibility to marry. The request of an inmate or detainee to marry shall be approved provided the
inmate or detainee is legally eligible to marry and is mentally competent; and the intended spouse has verified,
in writing, an intention to marry the inmate or detainee.

SECTION 3. Marriage expenses. All expenses of the marriage, e.g., marriage license, shall be paid by the
inmate or detainee, the intended spouse, the family of the inmate or detainee, or other appropriate source
approved by the Superintendent. The Superintendent shall not use Bureau funds for an inmate marriage.

SECTION 4. Request to marry of a detainee. A request to marry which is filed by a detainee shall include an
assessment of the legal effects of the marriage on his pending criminal case.

SECTION 5. Marriage ceremony, where solemnized. The marriage ceremony of an inmate or detainee shall be
solemnized in prison.

SECTION 6. Solemnizing official. Unless otherwise requested by the inmate or detainee, the marriage
ceremony shall be performed by a chaplain of the Bureau.

SECTION 7. Presence of media. The Superintendent shall require that a marriage ceremony at the prison be a
private ceremony conducted without media publicity.

SECTION 8. Prohibition against prison official acting as sponsor. A prison official, employee or guard, his wife
or children, shall not act as sponsor or witness in the wedding of an inmate.

VISITING RIGHTS
SECTION 1. Visiting rights. An inmate shall have the right to be visited by his family and reputable friends at
regular intervals.

SECTION 2. Visitors list. The Superintendent shall compile and maintain a list of persons named by the inmate
who may visit the latter. The list may include the members of the inmate's immediate family such as his
parents, stepparents, foster parents, brothers and sisters, wife or husband and children. Upon the request of
the inmate, the list may include his grandparents, aunts, uncles, in-laws, and cousins. Other visitors may, after
investigation, be included in the list if the inmate will benefit from such contact.

SECTION 3. Visiting days and hours. An inmate may be visited from Sundays to Thursdays from 9:00 a.m. to
3:00 p.m visitors shall not be allowed to stay overnight in prison. There shall be no visits on Fridays and
Saturdays. (Repealed by BuCor Memorandum. Visiting days and hours are from Wednesday to Sunday from
8:00am to 3:00pm)

SECTION 4. Limitation on visiting rights. The Director may limit the length or frequency of prison visits as well
as the number of visitors to avoid overcrowding. Exceptions may be granted after taking into account special
circumstances, such as the distance of travel of the visitor and the frequency of the visits received by the
inmate.

A Self-regulated Learning Module 29


SECTION 5. Visiting room. Whenever practicable, a prison shall have a visiting room which shall be as
comfortable and as pleasant as possible and equipped to meet the needs of visitors, including children.
SECTION 6. Privacy of visits. Prison guards shall supervise the visiting area in an unobtrusive manner. They
shall not eavesdrop on conversations or otherwise interfere with the privacy of the inmate and his visitor.

SECTION 7. Conjugal visits. A male inmate may enjoy conjugal visits from his spouse in prisons where there
are facilities therefor under such conditions as may be prescribed by the Director.

SECTION 8. Visit of legal counsel. An inmate may be visited by his legal counsel of record at reasonable hours
of the day or night.

SECTION 9. Violation of visiting rules. Any circumvention or violation of visiting rules by the inmate or his
visitor shall result in the suspension or deprivation of visiting privileges and the initiation of disciplinary action
against the erring inmate.

VOLUNTEER COMMUNITY SERVICE PROJECTS


SECTION 1. Volunteer community service projects, concept. The Director may, upon the recommendation of
the Superintendent, authorize an inmate to participate in a volunteer community service project. As used
herein, a volunteer community service project is one that is sponsored and developed by a local government
unit or by a nonprofit charitable organization; and is designed to provide for the public good in keeping with the
overall goals of the community, such as community-wide beautification or public safety. The sponsoring
organization shall certify to the Bureau that its community service project will not displace regular employees,
supplant employment opportunities ordinarily available within the sponsoring organization, or impair contracts
for services.

SECTION 2. Nature of volunteer community service projects. A volunteer community service project is not a
work assignment. An inmate who chooses to participate therein does so voluntarily and may not receive
compensation for participation in the project.

SECTION 3. Request to participate in community activity. An inmate may volunteer to participate in a


community service project by submitting a written request to the Superintendent. The inmate must have a
minimum-security classification and be otherwise eligible for the conditions of the project. The decision of the
Superintendent to approve or disapprove an inmate's request shall be final.

INMATE GRIEVANCE
SECTION 1. Inmate complaint center. To extend prompt, efficient, and timely services to the inmates, there
shall be an Inmate Complaints, Information and Assistance Center in each prison compound which shall be
directly under the office of the Superintendent. The Center shall act on all written complaints that are not
palpably frivolous, as well as requests for information and assistance of inmates, within seventy-two (72) hours
from receipt thereof.

SECTION 2. Inmate Council. There shall be an Inmate Council composed of finally convicted inmates in every
prison which shall serve as an advisory body to the Superintendent. The Superintendent shall provide a set of
qualifications, rules and regulations for membership in the Council.

SECTION 3. Role of inmate-representatives in the Inmate Council. The inmate representatives of the Inmate
Council shall meet with the Superintendent or his representative to discuss issues and matters affecting the
prison population. The inmate-representatives shall not be entitled to special privileges and shall not have any

A Self-regulated Learning Module 30


authority over other inmates or participate in the imposition of disciplinary measures, or otherwise interfere with
prison administrative functions.

PECUNIARY AID TO INMATES


SECTION 1. Pecuniary aid to inmates killed or injured in the performance of duty. Pecuniary aid shall be paid
to an inmate who is killed, injured or disabled while preventing a prison riot, or jailbreak, or while in the
performance of duties required of him in any prison industry and not due to his negligence.

SECTION 2. Amount of pecuniary aid. The amount of pecuniary aid shall be fixed by the Director and
approved by the Secretary.

SECTION 3. When pecuniary aid is given. The pecuniary aid shall be given to the injured or disabled inmate at
the time of his release or anytime during his confinement if he so desires. If the inmate dies as a result of the
injury sustained by him, or from any other cause prior to his release, payment shall be made to his legal heirs,
provided they are not the offended parties or those who caused the imprisonment.

DISCIPLINE AND PUNISHMENT OF INMATES


DISCIPLINE OF INMATES
SECTION 1. Disciplinary controls, purpose. Efforts shall be made to instill in the minds of all inmates the
concept that self-discipline is an essential characteristic of a well-adjusted person.

SECTION 2. Guidelines on disciplinary control. Disciplinary controls on inmates shall be firm to ensure safety
and good order in prison. Breaches of discipline shall be handled objectively, and sanctions shall be
executed with firmness and justice.

SECTION 3. Due process accorded to an inmate. Every breach of discipline shall be reported to proper prison
authorities. The erring inmate shall be given due process before he is punished. Ignorance of prison rules shall
not be countenanced or considered an excuse for its non-observance.

SECTION 4. Prohibited acts. The following acts shall subject an inmate to disciplinary action:
a. Participating in illegal sexual acts or placing himself in situations or behavior that will encourage the
commission of illegal sexual acts.
b. Openly or publicly displaying photographs, pictures, drawings, or other pictorial representations of persons
engaged in sexual acts, actual or simulated, masturbation, excretory functions or lewd or obscene
exhibitions of the genitals.
c. Possessing articles which pose a threat to prison security or to the safety and well-being of the inmates and
staff.
d. Giving gifts, selling or engaging in barter with prison personnel.
e. Maligning or insulting any religious belief or group.
f. Rendering personal services to or requiring personal services from a fellow inmate. g. Gambling.
h. Exchanging his uniform with another inmate or wearing a uniform other than those officially issued to him.
i. Using profane, vulgar or obscene language or making loud or unusual noise of any kind.
j. Loitering in the prison compound or reservation.
k. Giving a gift or providing material or other assistance to fellow inmates or to the prison administration in
general.
l. Engaging in any private work for the benefit of prison officer of employee.

A Self-regulated Learning Module 31


m. Controlling the activities of other inmates except in organizations or groups recognized by prison
authorities;
n. Tattooing himself or allowing himself to be tattooed on any part of his body. The removal or alteration of
tattoos may only be performed by a prison medical officer upon prior approval by the Superintendent. o.
Disobeying legal orders of prison authorities promptly and courteously.
p. Threatening, orally or in writing, the life of any employee or prison official.
q. Possessing any communication device like a cellular telephone, pager or radio transceiver.
r. Constructing, renovating or repairing, with personal funds, a prison building or structure.
s. Making frivolous or groundless complaints; and
t. In general, displaying any behavior which might lead to disorder or violence, or such other actions that may
endanger the facility, the outside community or others.

SECTION 5. Business activity of inmate. An inmate shall not engage in business activities or profession except
when authorized to do so in writing by the Director or the Superintendent. An inmate who was engaged in a
business or profession prior to commitment is expected to assign authority for the operation of such business
or profession to a person in the community. For this purpose, a business activity shall be used to mean any
revenue generating or profit-making endeavor.

PUNISHMENT
SECTION 1. Board of Discipline; composition. The Director shall establish a Board of Discipline in each prison
to hear cases involving an inmate who violates prison rules. It shall be presided over by the Assistant
Superintendent.

SECTION 2. Procedure in disciplinary cases. The procedure in handling disciplinary cases shall be as follows:

a. The written complaint or report of an aggrieved inmate or any inmate or prison personnel having knowledge
of any breach of discipline by an inmate shall be filed with the office of the Superintendent. The complaint or
report shall be signed by the complainant and shall describe the violation and the names of possible
witnesses. b. If the Superintendent, after initial investigation, finds that the complaint or report is baseless, he
shall order its dismissal. Otherwise, he shall endorse the case to the Board of Discipline for hearing.
c. The Board of Discipline shall hold sessions as often as necessary. It shall decide cases referred to it within
five (5) working days after the termination of hearings.
d. The hearing shall be summary in nature and shall not be bound by the technical rules of evidence.
e. The inmate charged with the offense shall be allowed to present evidence in the hearing.
f. The decision of the Board of Discipline shall be subject to review and approval by the Superintendent.
g. A decision approved by the Superintendent shall be final.

SECTION 3. Protection of inmate from institutional abuse. An inmate shall be treated with respect and fairness
by prisons employees. He shall be protected against the following:
a. the imposition of any cruel, unusual, or degrading act as a form of disciplinary punishment. b.
corporal punishment.
c. the use of physical force by correctional officers, except in cases where the latter act in self-
defense, to protect another person from imminent physical attack, or to prevent a riot or escape.
d. deprivation of clothing, bed and bedding, light, ventilation, exercise, food, or hygienic facilities; and
e. forced labor.

SECTION 4. Imposable punishment. The Board of Discipline shall be authorized to impose any of the following
disciplinary measures on an errant inmate: a. Caution or reprimand.
b. Cancellation of recreation, education, entertainment and visiting privileges.

A Self-regulated Learning Module 32


c. Deprivation of GCTA for a specific period.
d. Change of security status to the next higher category e.g., from medium to maximum.

SECTION 5. Confinement in disciplinary cell. If the above corrective measures prove to be ineffective, an
obstinate inmate may be punished by confinement in a disciplinary cell from one (1) to two (2) months
depending upon the gravity of the offense committed. This punishment shall only be meted out if the prison
medical officer, after examination, certifies that the inmate is fit to undergo the same or will not adversely affect
his physical or mental health.
SECTION 6. Mitigation of punishment. For the first disciplinary offense, and if the inmate's conduct justifies it,
the Superintendent may mitigate, suspend, or modify the penalty imposed on an inmate.

SECTION 7. Release from disciplinary cell. The prison medical officer shall visit periodically the inmate in the
disciplinary cell and shall advise the Superintendent if the punishment should be terminated on grounds of
physical or mental health.

SECTION 8. Use of instruments of restraint. Instruments of restraint, such as handcuffs and strait jackets, shall
not be applied as punishment. They shall only be used:
a. to prevent an escape during an inmate's transfer or movement; or
b. to prevent an inmate from harming himself or others, or from destroying public or private property.

SECTION 9. Limitation on punishment to be imposed on female inmate. A female inmate shall not be
subjected to disciplinary measures which might adversely affect her unborn or nursing child.

SECTION 10. Disciplinary punishment to form part of record of an inmate. The penalty imposed by the Board
of Discipline shall form part of the carpeta and prison record of an inmate.

INMATE INTERVIEW
SECTION 1. Request for inmate interview. A representative of the news media may file a written request with
the Superintendent for a personal interview of an inmate. The request shall be filed at least three (3) days
before the proposed interview.

SECTION 2. Notification and consent of inmate to be interviewed. The Superintendent shall notify the inmate
sought to be interviewed of the request and shall obtain from said inmate a written consent for the interview.

SECTION 3. Prerequisite to approval of request. As a prerequisite to approving a request for the interview of
an inmate, the media representative or news organization shall give the prison administration the opportunity
to respond to comments made by the inmate in the interview and to release information to the news media
relative to the inmate's comments.

SECTION 4. Action on request for interview. The Superintendent shall act on the request for interview within
twenty-four (24) hours from receipt thereof, provided that a request to interview an NBP or CIW inmate shall
require the favorable recommendation of the Director and the approval of the Secretary. (Delegated to the
Director General pursuant to Department Order 015)

SECTION 5. Denial of request for interview. The Superintendent may deny the request for interview in any of
the following instances:
a. The media representative, or news organization making the request does not agree to abide by the
conditions prescribed under these Rules or by the Superintendent for the conduct of the interview.

A Self-regulated Learning Module 33


b. The inmate is physically or mentally unable to participle. This must be supported by the prison medical
officer's statement (a psychologist may be used to verify mental incapacity).
c. The inmate is below eighteen (18) years of age and written consent has not been obtained from the inmate's
parent or guardian.
d. The inmate is the accused or is otherwise involved in a pending criminal case.
e. The interview, in the opinion of the Superintendent, will endanger the health or safety of the interviewer, or
would probably cause serious unrest or disturb the good order of the prison.

SECTION 6. Interviews, where and when held. The interviews of an inmate shall be conducted during normal
visiting hours in a place to be designated by the Superintendent.
SECTION 7. Limitations on Media. The Superintendent may limit the number of audios, video and film
equipment or the number of media personnel entering the prison if he finds that their entry will create a
disruption inside the prison.

SECTION 8. Filming of interview. If photographs or film or video footage will be taken during the interview, the
inmate concerned shall be in proper uniform and no frontal shots of the inmate or interior shots of prison
buildings and dormitories shall be taken.

SECTION 9. Waiver of liability. Before an interview, the interviewer shall execute a waiver exempting prison
authorities from any liability arising from death or any injury sustained while inside the prison.

SECTION 10. Non-payment of inmate who is interviewed. The inmate who is interviewed may not receive
monetary compensation or anything of value for media interviews which he may give.

SECTION 11. Interview of death convict. Television, radio and other media interviews of a death convict is
prohibited.

BJMP Manual:
COMMITMENT AND CLASSIFICATION OF PRISONERS AND DETAINEES
A person can be committed to jail only upon the issuance of an appropriate order by a competent court or
authority so mandated under Philippine laws. This Rule enumerates courts and authorities and classifies
inmates according to the conditions for their commitment.

Section 13. COMMITMENT - means entrusting for the confinement of an inmate to a jail by a competent court
or authority, for the purposes of safekeeping during the pendency of his/her case.

Section 14. COURTS AND OTHER ENTITIES AUTHORIZED TO COMMIT A PERSON TO JAIL- The
following (courts and entities) are authorized to commit a person to jail: a. Supreme Court.
b. Court of Appeals.
c. Sandiganbayan.
d. Regional Trial Court.
e. Metropolitan/Municipal Trial Court.
f. Municipal Circuit Trial Court.
g. Congress of the Philippines; and
h. All other administrative bodies or persons authorized by law to arrest and commit a person to jail.

Section 15. CLASSIFICATION - refers to assigning or to grouping of inmates according to their respective
penalty, gender, age, nationality, health, criminal records, etc.

A Self-regulated Learning Module 34


Section 16. CATEGORIES OF INMATES -The two (2) general categories of inmates are: a.
Prisoner - inmate who is convicted by final judgment; and
b. Detainee - inmate who is undergoing investigation/trial or awaiting final judgment

Section 17. CLASSIFICATION OF PRISONERS - The four (4) main classes of prisoners are:
a. Insular Prisoner - one who is sentenced to a prison term of three (3) years and one (1) day to reclusion
perpetua or life imprisonment.
b. Provincial Prisoner - one who is sentenced to a prison term of six (6) months and one (1) day to three (3)
years.
c. City Prisoner - one who is sentenced to a prison term of one (1) day to three (3) years; and
d. Municipal Prisoner - one who is sentenced to a prison term of one (1) day to six (6) months.
Section 18. CLASSIFICATION OF DETAINEES - The three (3) classes of detainees are those: a.
Undergoing investigation.
b. Awaiting or undergoing trial; and
c. Awaiting final judgment.

Section 19. INMATES SECURITY CLASSIFICATION -The following are the classifications of inmates
according to security risk each may pose:
a. High Profile Inmate - those who require increased security based on intense media coverage or public
concern as a result of their offense such as but not limited to those who have been involved in a highly
controversial or sensationalized crime or those who became prominent for being a politician, government
official, multi-million entrepreneur, religious or cause-oriented group leader and movie or television personality.
b. High Risk Inmate - those who are considered highly dangerous and who require a greater degree of
security, control and supervision because of their deemed capability of escape, of being rescued, and their
ability to launch or spearhead acts of violence inside the jail. This includes those charged with heinous crimes
such as murder, kidnapping for ransom, economic sabotage, syndicated or organized crimes, etc. Also
included are inmates with military or police trainings or those whose life is in danger or under imminent threat.
c. High Value Target (HVT) - a target, either a resource or a person, who may either be an enemy
combatant, high ranking official or a civilian in danger of capture or death, typically in possession of critical
intelligence, data, or authority marked as an objective for a mission and which a commander requires for the
successful completion of the same.
d. Security Threat Group - any formal or informal ongoing inmates’ group, gang, organization or
association consisting of three or more members falling into one of the following basic categories: street
gangs, prison gangs, outlaw gangs, traditional organized crime, aboriginal gangs, subversive groups and
terrorist organizations.
e. Subversive Group - a group of persons that adopts or advocates subversive principles or policies
tending to overthrow or undermine an established government.
f. Terrorist Group - a group of persons that commits any of the following: piracy and mutiny in the high
seas or in the Philippine waters, rebellion or insurrection, coup d’état, murder, kidnapping and serious illegal
detention, crimes involving destruction, arson, hijacking, violation of laws on toxic substances and hazardous
and nuclear waste control, violations of atomic energy regulations, anti-piracy and antihighway robbery, illegal
and unlawful possession, manufacture, dealing in, acquisition or disposition of firearms, ammunitions or
explosives.
g. Violent Extremist Offender (VEO) - a person whose political or religious ideologies are considered far
outside the mainstream attitudes of the society or who violates common moral standards and who has adopted
an increasingly extreme ideals and aspirations resorting to the employment of violence in the furtherance of
his/her beliefs.

A Self-regulated Learning Module 35


h. Medium Risk Inmates -those who represent a moderate risk to the public and staff. These inmates still
require greater security, control and supervision as they might escape from and might commit violence inside
the jail.
i. Minimum Risk Inmates (Ordinary Inmates) - those inmates who have lesser tendencies to commit
offenses and generally pose the least risk to public safety. In most cases, they may be first time offenders and
are charged with light offenses.

Section 20. REQUIREMENTS FOR COMMITMENT - No person shall be committed to any jail facility
without the following required documents: a. Commitment Order.
b. Medical Certificate - recent medical certificate taken within 24 hours prior to admission. c.
Complaint/Information.
d. Police Booking Sheet; and
e. Certificate of Detention from PNP and/or NBI.
RECEPTION AND RELEASING PROCEDURES, CLASSIFICATION BOARD, DISCIPLINARY BOARD AND
PUNISHABLE ACTS OF INMATES:
One of the Guiding Principles of the United Nations Standard Minimum Rules for the Treatment of Prisoners
states that “Imprisonment and other measures which result in cutting off an offender from the outside world are
afflictive by the very fact of taking from a person the right of self-determination by depriving. him/her of his/her
liberty. Therefore, the prison system shall not, except as incidental to justifiable segregation or the
maintenance of discipline, aggravate the suffering inherent in such a situation”. Hence, a well-planned and
organized reception of detainees is critical to achieving this. The inmate’s first impression of the correctional
process greatly influences his/her attitude and behavior toward the custodial and rehabilitative regimens
he/she must undergo during confinement and perhaps, to some extent, affect his/her outlook and adjustment
after his/her release. This Rule provides guidance on the reception and disciplinary aspects of jail
management.

Section 21. RECEPTION PROCEDURES - A decent and humane program of confinement starts with a
systematic reception of inmates for commitment to the BJMP’s jail facilities. The following procedures
should therefore be observed:
A. Gater - He or she checks the credentials of the person bringing the inmate/the committing officer to
determine his/her identity and authority. Also, he or she reviews the completeness of the following documents
before the person bringing an inmate/the committing officer is allowed to enter the facility. The documents
mentioned earlier refer to the:
1.Commitment Order.
2. Medical Certificate – recent medical certificate taken within 24 hours prior to admission;
3.Complaint/Information.
4.Police Booking Sheet; and
5. Certificate of Detention from PNP and/or NBI.

Additionally, the "gater" shall subject the person to be committed and his/her escorts for search and inspection
as prescribed. Finally, he or she (gater) refers the person to be committed and his or her escorts to the
Records Unit.

B. Records Unit- This unit examines the completeness and authenticity of the requirements for Commitment
(Commitment Order, Booking Sheet, Arrest Report and Information) before it refers the inmate for physical
examination by the Health Unit.

C. Health Unit:

A Self-regulated Learning Module 36


1. Checks the authenticity of the entries in the medical certificate; conducts thorough physical examination
of the inmate to determine his or her true physical condition; and asks searching questions to determine
injury/injuries found to have been sustained by the inmate after the conduct of medical examination or those
injuries not diagnosed prior to commitment in jail. Inmate is required to undress while undergoing medical
examination. A female inmate shall be examined by female health personnel. A male inmate may be examined
by either male or female health personnel;
2. In case of any discrepancy found during physical examination but same discrepancy is not indicated in
the medical certificate, the committing officer shall be required to secure another medical certificate of the
inmate. The commitment of an inmate shall be held in abeyance pending the submission of a new medical
certificate with findings congruent to the medical findings of the jail physician/nurse. The reason for the
deferment of commitment shall be recorded in the jail blotter. In case the committing officer fails to return the
inmate to jail within twenty-four (24) hours, the reasons for the deferment of commitment and the grounds
thereof shall be reported immediately to the court that issued the commitment order;
3. In the absence of a jail nurse/medical personnel, the receiving officer shall refer the person to be
committed to the nearest government health facility for medical evaluation (check the medical certificate and
observe the mental alertness, physical abnormalities and the overall appearance of the inmates); and
4. If no discrepancy is found during physical examination, the inmate shall be referred back to the
Records Unit.

D. Records Unit -Receives the inmate and the documents from the committing officer and conducts the
following:
1. Start the booking procedures:
a. Accomplish the jail booking sheet.
b. Strip-search the inmate to check for any birth marks, tattoos, etc.
c. Encode the inmate's information to the NIMS.
d. Fingerprint and photograph the inmate with mug shot background; and
e. List the names of the visitors authorized by the inmate.
2. Apprise the inmate in a dialect that he/she understands of the provisions of Art 29 of the RPC which was
further amended by R.A.10592; (Refer to ANNEX “A”)
3. Facilitate the signing of the Detainee’s Manifestation if he/she agrees to abide by the same disciplinary rules
imposed upon convicted inmates. Otherwise, the warden issues a certification under oath manifesting that
the inmate was apprised of the provision of Art 29 of the RPC as amended and refused to abide by the
same; and
4. Store all documents in the Inmate’s Carpeta.

E. Property Custodian
1. Checks the inmate’s belongings for presence of contraband. Discovery of any contraband shall be treated in
accordance with existing policies.
2. Takes all cash and other personal properties from the inmate, lists them down on a receipt form with
duplicate, duly signed by him/her and countersigned by the inmate. The original receipt should be given to
the inmate and the duplicate be kept by the Property Custodian.
3. Keeps all cash and other valuables of the inmate in a safety vault. Said cash and valuables may be turned
over to any person authorized by the inmate.
4. Refers the inmate to the desk officer.

F. Desk Officer - books the newly committed inmate in the jail blotter; assigns the inmate to a reception
area, if any, where he/she shall be scheduled for orientation on jail rules and regulation, and shall undergo risk
assessment and classification, evaluation and conduct of further medical evaluation/screening by the Medical
Officer.

A Self-regulated Learning Module 37


G. Assistant Warden or Officer of the Day - Orients the newly committed inmates on jail rules and
regulations using the Inmate’s Orientation Sheet.

H. Jail Warden - Coordinates with concerned agencies regarding the case of inmate for speedy disposition
and to furnish them with copies of the available needed documents. The jail warden shall see to it that all
concerned agencies and persons will be informed of the commitment of the inmate in his/her jail by submitting
a written report. Through his/her paralegal officer, he/she shall ensure that the courts and prosecutors’ office
are attending to the case of the inmate by constantly coordinating with them for the purpose of speeding up the
disposition of the case. For this purpose, the sharing of nonconfidential information with the concerned
agencies is encouraged.

Classification board, if facilities and personnel are available, to be composed of the following:
Chairperson - Assistant Warden
Member - Chief, Custodial/Security Office
Member - Medical Officer/Public Health Officer
Member - Jail Chaplain
Member - Inmates Welfare and Development Officer
Section 23. DUTIES AND FUNCTIONS OF THE CLASSIFICATION BOARD - The Classification Board is
tasked to conduct background investigation of inmates to determine the cell assignment, the appropriate
rehabilitative program, the type of supervision and degree of custody and restrictions applicable to the
inmate/s. The investigation shall focus on the following: a. Facts and data of the present case.
b. Inmate's recent criminal history and the facts about the inmate's attitudes and behavior while confined in
other institutions if the inmate is a recidivist or a habitual delinquent. c. Biography or life history.
d. Medical History.
e. Vocational, recreational, educational, and religious background/interests; and
f. Psychological characteristics as evaluated by the psychiatrist and psychologist.

The inmate is required to appear before the Classification Board for validation of his/her profile. Upon
completion of the classification assessment, the inmate is then apprised of his/her cell assignment and welfare
programs appropriate for him/her. He/she is asked if he/she is willing to undergo this program for his/her own
good. If he/she is willing, the Board will see to it that the program planned for the inmate is followed. Then the
inmate is assigned to his/her cell according to the approved classification.

Section 24. CLASSIFICATION PROCESS


a. Admission of Inmate - Once the inmate has undergone the registration process; he/she will be
temporarily housed at the Inmate Classification and Counseling Unit (ICCU) in jails where it is available. The
inmate shall stay at the ICCU for a minimum period of thirty (30) days but not exceeding sixty (60) days or until
the completion of the classification process. At the ICCU, the newly committed inmate will undergo
assessment by the different health professionals.
b. Medical Examination - The jail medical Officer or the jail officer designated nurse of the Health Unit will
conduct a thorough physical examination on the newly committed inmate and will note down significant bodily
marks, scars, tattoos and lesions based on the medical certificate presented by the committing officer. He or
she must ensure that his/her findings are congruent to the medical certificate presented. Any discrepancy shall
warrant further investigation by and reporting of the same to the CHR.
c. Results of the medical examination shall be recorded and shall bear the signature of the physician or
nurse who conducted the examination. Medical issues will be attended to accordingly.

A Self-regulated Learning Module 38


d. Dental Examination - The jail dentist shall perform a thorough dental examination and recording of his
or her findings. The record shall bear the signature of the dentist who conducted the examination. Dental
issues that need immediate attention shall be so attended to accordingly.
e. Psychological Examination - The jail psychologist-in-charge shall conduct psychological examination to
determine the inmate’s psychological state at the time of examination. Results will be recorded in the
psychologist’s logbook or in the health assessment card/HAS and shall bear the signature of the psychologist
who conducted the examination.
f. Social Case Study - The jail social worker at the ICCU shall conduct in-depth interview with the newly
admitted inmate, an interview that considers the "who the inmate is" from birth up to the present including
his/her familial, educational, social, vocational and other issues that has an impact on his/her personality. The
findings will be recorded and shall bear the signature of the social worker who conducted the assessment. In
jails without ICCU, the interview will be done by the social worker-in-charge upon the order of the court or as
requested by the medical officer, the psychiatrist or the duly designated jail warden for specific purposes.
g. Risk Assessment - A risk assessment tool shall be utilized to determine the level of violence/risk the
inmate poses, either external or internal. This will help in the proper classification and segregation of inmates
and in the design of specific development plans.
h. Psychiatric Evaluation - Using the results of the psychological examination, social case study, and risk
assessment, the psychiatrist conducts a psychiatric evaluation to determine the present mental state of the
inmate and to diagnose any existing psychiatric illness for further treatment. The result will be recorded and
shall bear the signature of the psychiatrist who conducted the examination.
The inmate shall undergo psychiatric evaluation under the following conditions:
1. The jail psychologist refers the inmate for further evaluation.
2. The court orders the psychological/psychiatric evaluation of the inmate.
3. The inmate was/is manifesting behavioral oddities.
4. The inmate discloses or admits upon inquiry by the admitting health staff that he/she had previous
psychiatric consultation or had undergone psychiatric treatment.
5. The inmate discloses or admits upon inquiry by the admitting health staff that he/she had attempted to
commit or had committed suicide or that he or she has noticeable body marks or scars indicating history of
suicidal behavior.
6. The inmate discloses or admits that he or she has a history of recent torture, or he or she has been a victim
of physical abuse or domestic violence.
7. The inmate discloses upon inquiry by the health staff that he/she has recently ingested/abused illicit
substances or that he or she is an alcohol or other illicit substance dependent.
8. The disciplinary board referred the inmate for further evaluation and management; and
9. The inmate is a recidivist for heinous crimes or was charged of a sexual offense or was considered as
violent sex offender. The working diagnosis will be recorded at the inmate’s health assessment card and the
details of the examination will be written in the psychiatrist’s logbook provided by the jail health unit. Every
examination result shall bear the signature of the examining psychiatrist.

i. Case Management - Each inmate will be assigned to a specific case manager who may either be a
psychologist, a social worker or a nurse. The case manager shall be responsible for the consolidation of all
the results and shall make the proper decision as to the classification of the inmates and the identification
development programs for each inmate.

j. Inmate Orientation and Counseling - While undergoing assessment, the inmate shall be oriented on the
basic jail rules and regulations. He/she shall be introduced to the different development programs that
would best promote his/her personal growth. In this phase, the newly committed inmate shall likewise
undergo counseling for him/her to develop better coping skills thereby preventing psychological imbalance
in the early phase of incarceration.

A Self-regulated Learning Module 39


k. Inmate Evaluation and Classification - Using the different tools of assessment, the newly committed inmate
will now be classified based on the level of risk and present physical, mental and emotional state.

l. Proper Cell Assignment and Development Plans - After the inmate has undergone all the assessments,
his/her case manager shall consolidate all the results. Based on the results of the final evaluation, the
inmate may then be assigned to the cell that is deemed best for his/her growth and well-being.

m. The newly committed inmate is encouraged to participate in the recommended development programs.
n. Monitoring - After the inmate has been transferred to his/her assigned cell and has been attending the
prescribed development programs, the case manager shall periodically monitor, and change and enhance
inmate's development program/s depending on his or her behavioral progress.

Section 25. DISCIPLINARY BOARD - A disciplinary board shall be organized and maintained for the purpose
of hearing disciplinary cases involving any inmate who violates jail rules and regulations. It shall be composed
of the following:
Chairperson - Assistant Warden
Member - Chief, Custodial/Security Office
Member - Medical Officer/Public Health Officer
Member - Jail Chaplain
Member - Inmates Welfare and Development Officer
Member - Inmates’ Representative
If the above composition is not feasible because of personnel limitation, the warden shall perform the board’s
functions and he shall act as the summary disciplinary officer.

Section 26. DUTIES AND FUNCTIONS OF THE DISCIPLINARY BOARD – The Board is tasked to investigate
the facts of an alleged misconduct referred to it. It shall hold sessions as often as necessary in a room, which
may be provided for the purpose. All cases referred to it shall be heard and decided within forty-eight (48)
hours from the date of receipt of the case.

Section 27. AUTHORIZED DISCIPLINARY ACTIONS/MEASURES FOR INMATES - The Board is authorized
to impose any of the following disciplinary ACTIONS/MEASURES:
1. For Detainees:
a. Admonition or verbal reprimand.
b. Restitution or reparation.
c. Temporary or permanent cancellation of all or some recreational privileges. d. Reduction of visiting time.
e.Close confinement in a cell for a period not exceeding seven (7) days in any calendar month, provided that
this disciplinary action shall be imposed only in the case of an incorrigible inmate, and when other
disciplinary measures had been proven ineffective; and
f. Transfer to another BJMP jail in the area, in coordination with the Court.

2. For Prisoners:
a. Admonition or verbal reprimand.
b. Restitution or reparation.
c. Additional job functions/community service within the jail premises.
d. Temporary or permanent cancellation of some or all recreational privileges. e. Reduction of visiting time.
f. Close confinement in a cell for a period not exceeding seven (7) days in any calendar month, provided that
this disciplinary action shall be imposed only in the case of an incorrigible inmate, and when other
disciplinary measures had been proven ineffective.

A Self-regulated Learning Module 40


g. Transfer to another BJMP jail in the area in coordination with the Court.
h. Suspension of visiting privileges for a period not exceeding one (1) month, provided that this sanction shall
not apply to the lawyer, physician or religious minister serving the needs of the prisoner.
i. Permanent cancellation of visiting privileges with respect to persons not included in the definition of
immediate family under RA 7438, provided that this sanction shall not apply to the lawyer, physician or
religious minister serving the needs of the prisoner.
In addition to the above-mentioned punishment, the disciplinary board may recommend to the warden partial or
full forfeiture of good conduct time allowance (GCTA) to be earned for a particular month and subsequent
months depending upon the gravity of the offense.

Section 28. LIMITATIONS ON DISCIPLINARY PUNISHMENT FOR INMATES - The Disciplinary Board shall
consider the following limitations when imposing disciplinary punishment:
a. No female inmate shall be subjected to any disciplinary punishment which might affect her unborn or
nursing child.
b. No infirm or handicapped offender shall be meted out punishment, which might affect his/her health or
physical well-being.
c. Corporal punishment, confinement in dark or inadequately ventilated cells and any form of cruel,
unusual, inhumane, or degrading punishment are absolutely prohibited.
d. When necessary, the jail physician shall visit the detainee/prisoner undergoing punishment and shall
advise the warden of the need for the termination of the punishment imposed upon the inmate on grounds of
the inmate's physical or mental health.
e. Instruments of restraint, such as handcuffs, leg irons and straitjackets are not to be applied as a form of
punishment. They shall only be used as a precaution against escape and on medical grounds to prevent an
offender from injuring himself or others.
f. Breaches of discipline shall be handled without anger or emotionalism and decisions shall be executed
firmly and justly; and
g. As a general rule, any violation of jail rules and regulations or misconduct committed by the inmate
shall be dealt with accordingly.
In extreme cases where the violation necessitates immediate action, the warden or the officer of the day may
administer the necessary restraints and report the action he or she has taken to the disciplinary board.

Section 29. PROCEDURES IN THE HEARING OF DISCIPLINARYCASES - The following procedures shall be
followed in the hearing of disciplinary cases:
a. The aggrieved inmate or any person (visitor, inmate, or personnel) reports the violation to the Desk Officer.
b. The desk officer shall immediately submit a written report to the warden and the latter shall direct the
Investigation Unit to conduct an investigation within twenty-four (24) hours upon receipt of the directive. The
Investigation Unit shall submit to the Warden their report together with their recommendations.
c. The warden shall evaluate the report and if he/she believes that there is no sufficient evidence to support
the alleged violation, he/she shall dismiss the case. If he/she believes that sufficient evidence exists, he/she
shall decide the case and impose the necessary penalty in case of minor violations. If the offense is less
grave or grave, he/she shall endorse it to the disciplinary board for hearing or decide it himself/herself as a
in his or her capacity as summary disciplinary officer in the absence of a disciplinary board.
d. The inmate shall be confronted of the reported violation and asked how he/she pleads to the charge. If
he/she admits the violation or pleads guilty, the Board or the Warden, as the case may be, shall impose the
corresponding authorized disciplinary action.
e. If the inmate denies the charge, a summary hearing shall be held giving the opportunity for both parties to
present their testimonies and those of their witnesses, if any, and to present evidence to shed light on the
case.
f. After the hearing, the board shall decide with the merits of the case as bases.

A Self-regulated Learning Module 41


g. Whether the inmate is found guilty or not, he/she should be advised to obey the rules and regulations strictly
and be reminded that good behavior is indispensable for his/her early release and/or the granting of
privileges; and
h. Decisions of the Board are subject to review and approval by the warden whose decision should be final and
executory.
Section 30. PUNISHABLE ACTS - An inmate is strictly prohibited from committing any of the following acts:
1. MINOR OFFENSES:
a. Selling or bartering with fellow inmate(s) those items not classified as contraband.
b. Rendering personal service to fellow inmate(s).
c. Untidy or dirty personal appearance;
d. Littering or failing to maintain cleanliness and orderliness in his/her quarters and/or surroundings;
e. Making frivolous or groundless complaints;
f. Taking the cudgels for or reporting complaints on behalf of other inmates;
g. Reporting late for inmate formation and inmate headcount without justifiable reasons; and
h. Willful waste of food.
2. LESS GRAVE OFFENSES:
a. Failure to report for work detail without sufficient justification;
b. Failure to render assistance to an injured personnel or inmate;
c. Failure to assist in putting out fires inside the jail;
d. Behaving improperly or acting boisterously during religious, social and other group functions.
e. Swearing, cursing or using profane or defamatory language directed at other persons.
f. Malingering or pretending to be sick to skip work assignment.
g. Spreading rumors or malicious intrigues to besmirch the honor of any person, particularly BJMP personnel.
h. Failure to stand at attention and give due respect when confronted by or reporting to any BJMP personnel.
i. Forcing fellow inmates to render personal service to him/her and/or to others.
j. Exchanging uniforms or wearing clothes other than those issued to him/her for the purpose of
circumventing jail rules.
k. Loitering or being in an unauthorized place.
l. Using the telephone without authority from the desk officer/warden.
m. Writing, defacing, or drawing on walls, floors or any furniture or equipment.
n. Withholding information, which may be inimical or prejudicial to the jail administration.
o. Possession of lewd or pornographic literature and/or photographs.
p. Absence from cell, brigade, place of work during headcount, or at any time without justifiable reason; and
q. Failure to turn over any implement/article/s issued after work detail.

3. GRAVE OFFENSES:
a. Making untruthful statements or lies in any official communication, transaction, or investigation.
b. Keeping or concealing keys or locks of places in the jail which are off-limits to inmates.
c. Giving gifts, selling, or bartering items with jail personnel.
d. Keeping in his/her possession money, jewelry, cellular phones or other communication devices and other
items classified as contraband under the rules.
e. Tattooing others or allowing him/her to be tattooed on any part of the body or keeping any paraphernalia to
be used in tattooing.
f. Forcibly taking or extorting money from fellow inmates and visitors.
g. Punishing or inflicting injury or any harm upon himself/herself or other inmates.
h. Receiving, keeping, taking, or drinking liquor and prohibited drugs.
i. Making, improvising, or keeping any kind of deadly weapon.
j. Concealing or withholding information on plans of attempted escapes.

A Self-regulated Learning Module 42


k. Unruly conduct and flagrant disregard for discipline and instructions.
l. Escaping, attempting, or planning to escape from the institution or from any guard.
m. Helping, aiding, or abetting others to escape.
n. Fighting, causing any disturbance or participating therein and/or agitating to cause such disturbance or riot.
o. Indecent, immoral, or lascivious acts by himself/herself or others and/or allowing himself/herself to be the
subject of such indecent, immoral, or lascivious acts.
p. Willful disobedience to a lawful order issued by any BJMP personnel.
q. Assaulting any BJMP personnel.
r. Damaging any government property or equipment.
s. Participating in kangaroo court, an unauthorized or irregular court conducted with disregard for or
perversion of legal procedures as a mock court by the inmates in a jail/prison.
t. Affiliating with any gang or faction whose main purpose is to foment regionalism or to segregate themselves
from others.
u. Failing to inform the authorities concerned when afflicted with any communicable disease, such as
tuberculosis, sexually transmitted diseases, etc.; v. Engaging in gambling or any game of chance.
w.Committing any act which violates any law or ordinance, in which case, he/she shall be prosecuted
criminally in accordance with law; and
x. Committing any act prejudicial to good order and discipline.

Any personnel, especially warden, found to be allowing and tolerating any violation mentioned above will be
immediately relieved from his/her designation without prejudice to his or her being administratively charged.
Section 31. MODES AND GUIDELINES FOR RELEASE - The following modes and guidelines shall be
observed when inmates are to be released from detention:
1. An inmate may be released through:
a. Service of sentence.
b. Order of the Court.
c. Parole.
d. Pardon; and
e. Amnesty.

2. Before an inmate is released, he/she shall be properly identified to ensure that he/she is the same
person received and is subject of release. His/her marks and fingerprints shall be verified with those taken
when he/she was received. Any changes or differences in his/her distinguishing marks and scars shall be
investigated to ascertain his/her real identity in order to prevent the mistaken release of another person.
3. No inmate shall be released on a mere verbal order, or an order relayed via telephone. The release of
an inmate by reason of acquittal, dismissal of case, payment of fines and/or indemnity, or filing of bond, shall
take effect only upon receipt of the release order served by the court process server. The court order shall
bear the full name of the inmate, the crime he/she was charged with, the criminal case number and such other
details that will enable the officer in charge to properly identify the inmate to be released.
4. Upon proper verification from the court of the authenticity of the order, an inmate shall be released
promptly and without unreasonable delay;
5. Under proper receipt, all money earned, other valuables held and entrusted by the inmate upon
admission, shall be returned to him/her upon release; and
6. The released inmate shall be issued a certification of discharge from jail by the warden or his/her
authorized representative.

Section 32. PROCEDURE ON RELEASING - The procedures shall be observed when inmates are to be
released from detention.
1. Desk Officer

A Self-regulated Learning Module 43


Upon receipt of release order, the desk officer shall coordinate with the paralegal officer for verification of the
authenticity of said order.
2. Paralegal Officer
Verifies the authenticity of the release order.
3. Records/Admin Officer
a. Starts processing inmate’s release.
b. Checks inmate records to ensure that the data in the release order coincide with the data in the inmate’s
carpeta (spelling of name, offense, Criminal Case Number, etc.). c. Checks that the inmate has no other
pending case/s.
d. Routes the release paper to different signatories.
4. Property Custodian
1. Checks on the receipt of property and returns to the inmate his/her deposited items.
2. Makes sure that returned items of the inmate are duly received and properly recorded.
5. Desk Officer
Records the release of inmate and the condition of the inmate upon his/her release.
6. Jail Warden
Reports to concerned agencies/persons the release of inmate for aftercare program. Upon release of the
inmate, the warden shall notify the following agencies/persons:
1. Barangay Captain - mandatory
2. Priest or religious minister - mandatory
3. Family - if release is not witnessed by any member of immediate family 4. Court - in case of convicted
inmate
TREATMENT OF INMATES WITH SPECIAL NEEDS
The United Nations Standard Minimum Rules for the Treatment of Prisoners provides that “so far as possible,
separate institutions or separate sections of an institution shall be used for the treatment of the different
classes of prisoners”. The BJMP has adhered to this principle since its creation. However, the rise in criminality
in recent years, coupled with the passage of more stringent laws (especially for drug-related offenses) and the
adoption of better crime solution methods resulted in a marked increase in inmate population in BJMP
detention centers. The lack of funds to expand existing jails or to build new ones aggravates the situation. This
rule, therefore, provides guidance to wardens and jail officers treating unusual inmates or those with special
needs, given the limited resources.

Section 33. BASIC POLICY - As a rule, inmates with special needs should not be held in jails with other
“regular” inmates. For example, female inmates should be confined in institutions separate from those used for
males, and male youth offenders should not be mixed with adult offenders. However, given the reality relative
to budget constraints, increasing inmate population, insufficient facilities and inadequately equipped detention
homes, wardens and jail officers shall endeavor to provide the best arrangement they can make for such
inmates, in keeping with this rule. It is assumed that the inmates have been properly evaluated and classified
for this purpose.

Section 34. HANDLING INMATES WITH SPECIAL NEEDS – The following guidelines shall be observed in
handling inmates with special needs:
1. Female
a. The female dorm should be completely separated from the male dorm.
b. A female personnel shall be designated to keep the keys of the female dorms.
c. Only work suitable to their age and physical condition should be assigned to female inmates.
d. No male inmate shall be allowed to enter the female dorm.
e. Male personnel must provide female inmate with utmost privacy and respect for personal space.

A Self-regulated Learning Module 44


f. No male jail personnel should be allowed to enter the female dorm except in emergency cases or when
necessary.
g. Searches shall be performed by female personnel trained in the conduct of appropriate searching methods,
shall be made in accordance with established rules, and shall be provided with privacy during the procedure.
h. Medical/physical examination shall be performed by female health personnel. In the absence of a female
health staff, the examination shall be performed by a male health personnel in the presence of a female
staff. and
i. Female inmates shall be provided with the opportunity to avail themselves of all programs and activities male
inmates are provided with.

2. Drug Users/Dependents/Alcoholics
a. Inmates found to be drug users/dependents/alcoholics should be segregated from other inmates,
especially during the withdrawal period.
b. Inmates undergoing drug/alcohol withdrawal must be referred to the jail psychiatrist, physician or nurse
for evaluation and management.
c. Appropriate measures should be taken to enable inmates to follow strictly the jail physician’s advice
regarding diet and other medical interventions/treatments during the withdrawal period.
d. Maintain close supervision over inmates to prevent attempts to commit suicide or self-mutilation by
designating a jail personnel trained to manage such cases; and
e. Conducts a regular search of the inmate’s dorm and maintain constant alertness to prevent the
smuggling of narcotics, liquors and other dangerous drugs.
3. Mentally ill
a. Inmates manifesting signs and symptoms of mental illness must be referred to the jail psychiatrist for
evaluation and treatment.
b. Disturbed inmates (mentally ill inmates) should be transferred to mental institutions for proper psychiatric
treatment upon the issuance of a court order.
c. Close supervision and medical management of mentally ill inmates should be maintained by a jail medical
personnel.
d. Place the mentally ill inmates in separate dorms or in a special restraint room provided for violent cases; and
e. Maintain close supervision over inmates to guard against suicidal attempts or violent attacks on others.
4. Lesbian, Gay, Bisexual, Transgender (LGBT)
a. Segregate LGBTs to prevent their maltreatment and abuse by other inmates and to prevent them from
maltreating and abusing other inmates.
5. Sex Offenders
a. Inmates charged with sexually related crimes should be segregated to prevent them from taking advantage
of other inmates; and
b. Maintain close supervision and control.
6. Suicidal Inmates
a. Inmates manifesting signs and symptoms of depression/suicidal tendency must be referred to the jail
psychiatrist for evaluation and management.
b. Inmate who attempts to commit or has attempted to commit suicide must be transferred to a
government psychiatric hospital immediately upon issuance of court order.
c. Maintain close supervision over suicidal inmates at all times and designate personnel trained to handle
such cases; and
d. Subject them to frequent strip/frisk searches, and greyhound operation for tools/materials that can be
used for suicide.
7. Sex Deviates
a. Homosexuals should be segregated immediately to prevent them from influencing other inmates or being
maltreated or abused by other inmates; and

A Self-regulated Learning Module 45


b. Likewise, other sex deviates should be separated from other inmates for closer supervision and control.
8. Escape-Prone Inmates
a. Escape-prone inmates should be held in the most secure quarters, preferably in single-inmate cells, to
minimize their contact with one another.
b. Their conduct/behavior should be closely watched/observed during and after visiting hours and their
activities, closely monitored.
c. They should be frequently strip searched and their quarters frequently inspected.
d. Special attention should be given to the examination of items recovered from strip searches; and
e. Telephone calls must be restricted and only calls that can be monitored through an extension line shall be
allowed.
9. Inmates with Disability
a. Inmates with disability should be segregated and closely supervised to protect them from maltreatment
and any form of abuse by other inmates, personnel and visitors.
b. Individual case management and special activities should be developed and conducted to address
distinct of the inmates.
c. Collaboration with other government agencies should be done to ensure that disabled inmates are
provided with the services and benefits contemplated under the Magna Carta for disabled persons; and
d. Tasks related to self-care of inmates with disability shall be supervised and assisted to avoid potential
selfharm or accidents.
10. Children in Conflict with the Law (CICL)
Pursuant to the RA 9344, CICL shall not be confined in jails. Hence, serious efforts shall be exerted by
Wardens to immediately transfer the custody of any CICL to a Youth Detention Home or Youth Rehabilitation
Center.
a. Upon admission, CICL shall be subjected to a thorough physical examination. The results of such
examination shall form part of the records of the case of the CICL; b. Provide a separate detention
cell for CICL;
c. Continuously coordinate with the Public Attorney’s Office (PAO) for the provision of paralegal assistance to
expedite CICL cases.
d. Continuous coordination and follow-up of CICL cases should be made facilitate the provision of appropriate
intervention programs by the DSWD.
e. The “Law on Proportionality" in the implementation of rehabilitation programs should be observed making
said rehabilitation programs distinct and different from those given to adult inmates.
f. Unless absolutely necessary, a child in conflict with law should not be handcuffed nor other instruments of
restraint applied on him/her, when he or she attends hearings or when he or she is brought to the hospital or
is transferred to other institutions.
g. The use of vulgar or profane words should be avoided in dealing CICL.
h. CICL should not be required to wear prison uniforms; and
i. Upon release from confinement, the records of the CICL shall be sealed, and at an appropriate time,
expunged.
11. Senior Citizen Inmates
a. Senior citizen inmates should be segregated and close supervised to protect them from maltreatment
and other forms of abuse by other inmates.
b. Individual case management strategies should 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 Self-regulated Learning Module 46


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 therespective 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
9) Additional data information

CUSTODY, SECURITY AND CONTROL, EMERGENCY PLANS, MOVEMENT AND TRANSFER OF


PRISONERS AND DETAINEES
Jail management and penology is concerned with the humane safekeeping and development of inmates.
Effective custody ensures that inmates are well secured in all areas of the detention facility and properly
escorted when attending
their court hearings and other authorized/lawful destinations. This Rule focuses on effective safekeeping.
Section 35. CUSTODY, SECURITY AND CONTROL
A. Each jail shall, as much as practicable, maintain the following minimum standards with regard to security of
the facility:
1. An established security perimeter. In every jail, there shall be a defined, controlled security perimeter.
2. A secured office for personnel.
3. A secured visiting area for inmates’ visitors.
4. A secured multi-purpose area for inmates’ activities and an area for livelihood activities.
5. Armory and storage lockers for inmates’ valuable items and other equipment.
6. Operational closed-circuit televisions (CCTV) strategically mounted to monitor jail premises and all activities
therein.
7. A two-way communication system to be used by the officer of the day, supervisor, desk officer and other
personnel on duty; and
8. Equipment necessary to sustain operability of utilities, communications, security, and fire protection
equipment at all times.
B. To ensure that minimum standards in security and control are maintained, the following policies, guidelines
and procedures shall be strictly implemented in all jail facilities:
1. Each newly admitted inmate shall be thoroughly searched for weapons and other contraband immediately
upon arrival in the facility.
2. All inmates must be searched thoroughly by the duty personnel whenever they enter or leave the security
areas.

A Self-regulated Learning Module 47


3. Conduct surprise searches on inmates and inspection of their quarters and other areas accessible to
inmates at least once a week to detect and flush out contraband.
4. Maintain an updated written emergency operations plan such as but not limited to natural and man-made
calamities and other jail disturbances. These plans must be made known to and understood by jail
personnel through the conduct of regular dry runs.
5. Maintain a journal of activities, emergency situations and unusual incidents.
6. Maintain a key control center for storing keys that is inaccessible to inmates and unauthorized persons.
There shall be an accounting system for issuing and returning of keys. There shall be a reporting
system for documenting and repairing broken or malfunctioning keys or locks. Inmates shall be prohibited from
handling jail security keys.
7. There shall be one (1) full set of duplicate keys, secured in a place accessible only to jail personnel for use
in the event of an emergency. These keys shall be marked for easy identification during adverse conditions.
8. Continuous inspection and maintenance of all locks. Replace locks as often as possible and never allow
inmates to install locking system in the cell gates and to possess their own padlock for purposes of locking
themselves in their cells that will cause delay for personnel conducting regular cell search and inspection.
9. Maintain strict control of firearms such as, but not limited to the following:
a. Never allow any personnel with firearms on areas of inmates and/or in any area intended for inmates’
activities.
b. Never allow inmates in the workplace of personnel or in areas where firearms are authorized; and
c. Secure firearms and anti-riot equipment in the armory located within easy reach of jail personnel in case of
emergencies but not accessible to inmates.
10. All firearms, ammunition, chemical agents, related security, and emergency equipment must be inventoried
and tested at least quarterly to determine their condition and expiration dates, as the case may be. This shall
include regular inspection of fire extinguishers and other detection and suppression systems available. 11. All
tools, toxic, corrosive, and flammable substances and other potentially dangerous supplies and equipment
shall be stored in a locked area which is secure and located outside the inmate’s area.
Tools, supplies and equipment which are particularly hazardous shall be used by inmates only under direct
supervision.
12. Conduct daily inspections of all security facilities (i.e. closed circuit televisions, ceilings, window grills, iron
bars, etc.) and document all findings. Any tampering or defects detected must be reported in writing to
proper authority for immediate action.
13. Regular conduct of "guard mounting" for all "incoming duty" of the Custodial Unit and for the members of
Escort Unit before their assumption of duty to remind and update them of the policies/guidelines pertaining
to security and control.
14. Conduct regular count of inmates at least five to six (5-6) times within a 24-hour period and strictly
implement the established procedures in counting inmates (See Section 35). Personnel conducting the
count shall record the result.
15. Prohibit inmate’s visitor to stay inside jail premises beyond authorized visiting period regardless of any
reasons; (Refer to ANNEX “B”)
16. Inmates shall be supervised at all times whenever they are outside their cells.
17. Never allow any personnel under the influence of intoxicating beverage to enter the jail facility or to perform
an official duty.
18. Carefully select the inmates to be utilized as jail aide and maintain rigid control over their activities. Never
allow inmate to be utilized for any janitorial services at jail offices, restricted areas, and/or for errands
outside the jail premises. In no case shall an inmate be allowed to perform clerical duties or to have access
to personnel files and other official documents.
19. Never allow a jail officer to render successive shifts of duty except in cases of emergencies.
20. Never allow jail personnel to open inmate’s quarters alone. At least one (1) other jail officer should be
present and guarding the gate.

A Self-regulated Learning Module 48


21. Inmates should be taken out of jail only upon written order of the Court.
22. Ensure that all vehicles and persons entering the jail premises are properly searched in accordance with
the existing policies/procedures.
23. Regularly inspect and check the availability of emergency lights and other emergency equipment and
ensure that each personnel rendering night shift duties has one (1) flashlight, nightstick/baton and whistle;
and 24. As regard the use of force:
a. Use of force shall be limited to instances of justifiable self-defense, prevention of self-inflicted harm,
protection of others, prevention of riot, commission of a crime, escape or other jail disturbance and to
controlling or subduing an inmate who refuses to obey a lawful command or order;
b. Use of force shall be limited to the amount of force necessary to control a given situation and shall include a
continuum of escalating force levels.
c. An examination and/or treatment by health personnel shall be provided to prisoners or staff involved in a use
of force incident when there is obvious physical injury or there is a complaint of injury or request for medical
attention; and
d. Use of force incidents shall be recorded and reviewed by the Warden.
Section 36. INMATES COUNT - It is imperative that at specified times during each 24-hour period, all inmates
are physically counted. For this type of count, the general procedures are as follows: a. Count each inmate
physically at specified times or as necessary.
b. During the count, ensure that all movements of inmates are stopped until the count is completed.
c. The count must be accurate. Make a positive verification to ascertain that the inmates are physically
present.
Refrain from conducting a count on the basis of only having seen any part of his clothing, hair or shoes.
d. Submit a report of each count of a group of inmates to the warden and/or assistant warden (officer of
the day); and
e. If the total jail count does not tally with the total jail population at any given
time, conduct another count. Render an immediate report to the warden
and/or assistant warden (officer of the day) relative to any unaccounted
inmate.
Section 37. SECURITY PROCEDURES DURING MEAL SERVICE -
Security must be considered in serving food inside the cells/quarters. A jail officer should not enter the inmates’
quarters to distribute food unless another officer is available to handle the keys and control the entrance door.
Section 38. DINING ROOM SECURITY - For jail facilities that have separate dining or mess halls, the following
shall be observed:
a. As a general precaution, individual mess utensils of inmates shall be made of plastic.
b. When dining rooms are provided, the inmates should march in columns of two’s along designated routes
under the supervision of jail personnel. Other officials to direct the orderly movement of inmates to and from
the mess hall must be stationed along the routes.
c. Designate a roving supervisor to handle any disturbances or settle complaints.
d. After every meal, all utensils used by the inmates should be collected. Jail personnel should strictly
supervise this to ensure that no utensils are brought out the dining room; and
e. Check and account for all forks, spoons and other kitchen utensils after every meal.

Section 39. MAIL SERVICES AND CENSORSHIP - Mail service shall be provided to all inmates provided that
all outgoing and incoming mail matters are passed through a designated Censor Officer in order to intercept
any contraband or illegal articles and any information affecting the security of the jail.
The following procedures should be strictly observed when censoring mail:
a. There shall be no limitation on the amount of incoming or outgoing mail or correspondence when the
inmates are responsible for the cost/s of postage.

A Self-regulated Learning Module 49


b. Incoming inmates’ mail, correspondence and packages shall be opened and inspected to intercept cash,
checks, money orders and contraband. The censor officer shall observe the documentary procedures in
disposing of intercepted items.
c. Legal mail or correspondence shall be opened and inspected in the presence of the inmate to intercept
contraband.
d. Mails shall not be distributed to the inmates until the censors have examined them. Mail shall only be
opened and searched by qualified, trained, and authorized jail personnel in the presence of inmate
addressee.
e. Any currency, checks or money found in the letter should be turned over to the Trust Officer/Property
Custodian. The receiving officer should indicate the amount received on a "receipt form" in duplicate.
The original receipt signed by the receiving officer should be kept for the record and the duplicate copy should
be given to the inmate.
f. Carefully examine all greeting cards and collect fillers of any kind found therein for laboratory examination.
g. Photographs that are clearly within the scope of jail regulations should be marked on the opposite side and
placed in the envelope.
h. Bring to the warden’s attention any item or correspondence or enclosure that does not conform to
regulations or are detrimental to security, order, and discipline of the jail.
i. In the censoring of mails, prison slang, unusual nicknames, and sentences with double meanings should be
carefully studied and analyzed to determine the real meanings.
j. Refer to the warden all letters containing statements concerning the security or reputation of the jail, like
attempts to escape or smuggling/trafficking of contraband, and statements that may affect existing rules
and policies.
k. All letters passing through the scrutiny standards of the censors should bear the censor’s stamp at the top
of each page and on the envelope. The letter should be placed back in the same envelope, resealed and
given to the inmate.
l. A listing of mail for inmates should be properly kept and form part of the records of the jail.
m. Do not discuss the contents of inmates’ mail with other jail personnel, except for official purposes.
n. The inmate sending out any mail matter shall open his mail/package, and have it read and inspected by the
designated censor officer, if the mail is clear for dispatch, the inmate shall close and seal the mail and place
the same in the outgoing mailbox.
o. If the outgoing or incoming mail has contraband or harmful information, such matter shall be registered as
violation of jail rules and regulations and should be brought before the Disciplinary Board for immediate
adjudication.
p. The designated jail staff shall collect the inmates’ mail matters on a daily basis, Monday through Friday;
q. Inmate’s letters or any other mail matter shall be sent as registered, certified, "stamped" or marked "via
special delivery" if he or she so desires at his or expense. The letters will be processed in accordance with
the procedures in handling mails; and
r. An inmate under disciplinary segregation shall be allowed full correspondence privileges, unless his or her
misconduct involves a serious violation of correspondence regulations.

Section 40. MOVEMENT/TRANSFER OF INMATES - Prisoners or detainees may be moved or transferred


safely and humanely by trained personnel who shall adopt the necessary level of security, supervision, and
control to ensure public safety under specific circumstances outlined below:
A. Subject to the conditions set forth in the succeeding sections and by virtue of an appropriate court order, an
inmate may be brought out of jail under any of the following instances:
1. To appear, as witness before any court of justice or prosecutor’s office during preliminary
investigation, arraignment or hearing of a criminal case.

A Self-regulated Learning Module 50


2. To appear as witness in any investigation or formal inquiry being conducted by a government
agency. 3. To view the remains of a deceased relative within the second degree of affinity or consanguinity;
and
4. To undergo medical examination or treatment in a hospital or clinic.
B. An inmate may be transferred to another institution only upon specific order of the court having jurisdiction
over him/her, except in cases of serious illness where hospitalization is necessary, and the inmate has to be
immediately taken to the nearest hospital upon recommendation of the health officer. In this case, the jail
warden, or in his/her absence, the officer in-charge, shall immediately notify the regional director and the
court concerned within six (6) hours after the inmate is brought to the hospital or within six (6) hours from
the first hour of the following day (BJMP Revised Policy on Hospitalization and Death of Inmates dated 29
July 2010);
C. In the case of inmates classified as high-risk/high-profile and detained in small and remote jail facilities or in
jails not considered as high security facility, their transfer to a better secured jail shall be effected
provided a prior request is made from the executive judge who has administrative supervision over the court in
the place where the jail in which the inmate is detained for his/her immediate action, approval
and notification to the court’s Presiding Judge (See ANNEX “C” -Supreme Court Administrative Circular Nr 68-
2005);
D. In any emergency like riot or other jail disturbance that happens on a weekend and when the immediate
transfer to other BJMP-manned jails of inmates involved is necessary to ensure the safety of other inmates
and security of the jail, the warden, under such compelling situation, can recommend to the regional
director, verbally or in writing, their immediate transfer to another jail, provided that, on the first hour of the
following working day, the court concerned must be informed of the said transfer and a commitment order
must be issued, otherwise, the return of the transferred inmates is imperative. Provided, however, that those
inmates who instigated and led, and those involved in the disturbance or violence, disruptive and/or riotous
actions so created shall be classified as high-risk detainees and shall be immediately transferred to a more
secured facility in accordance with the immediately preceding paragraph.
E. The same classification shall be applied to inmates who
(a) have escaped, attempted to escape or committed acts to facilitate an escape from custody.
(b) demonstrated physically or sexually assaultive behavior resulting in either attempt to sexually assault any
person, serious physical injury or death of any person.
(c) assaulted or attempted to assault another with a deadly weapon.
(d) compelled or attempted to compel another to perform sexual acts, engage in sexual conduct or sexual
contact, or submit to sexual contact all by means of force or threat of force; or
(e) compelled or coerced another, by force or threat of serious physical harm or death, to provide anything of
value, to perform any act, or to violate any statute or jail rule.
F. Inmates who wish to view the remains of a deceased relative within the second degree of consanguinity or
affinity and whose motion for that purpose was approved by the court as proven by a valid court order
issued to the warden shall be required to submit a written request to the warden at least three (3) days before
the date of viewing and which request should be accompanied by the following documents:
1. Death Certificate of the deceased relative duly certified by the attending physician or local civil
registrar.
2. The appropriate certificate as indicated after the name of the deceased relative, to wit: a. Spouse -
marriage contract.
b. Children - birth certificates of the deceased child and marriage certificate of the inmate and his/her spouse.
c. Father or Mother - birth certificates of the inmate and his/her deceased parent.
d. Brother or Sister - birth certificates of the inmate and his/her deceased sibling.
e. Grandparent - birth certificates of the inmate and his/her parent who is the child of the deceased
grandparent; and
f. Grandchild - birth certificates of the inmate and his/her child who is the parent of the deceased grandchild.

A Self-regulated Learning Module 51


3. Sketch map of the place where the remains lie in state.
G. Immediately upon receipt of the court order, and with the inmate's written request yet to be
submitted, the warden shall order the Jail intelligence unit to conduct reconnaissance operation in the area
where the remains of the deceased still lie in state, to assess any threat against the inmate and/or his/her
security escorts, to locate the place of burial, and to conduct route survey to establish a safer and better
route for the escorts.
H. In case of Muslim inmates, it shall be ascertained whether the date indicated in the Court Order for
the inmate or inmates to view the remains their deceased relative/s within twenty-four (24) hours from the
time of the death of his or her/their relatives. This is view of Muslim customs and traditions, providing
among others burying the dead within twenty-four (24) hours after death.
I. The warden shall timely oppose the request and timely notify the court of his or her inability to
comply with the order allowing the inmate to be escorted out of the jail to view the remains of a deceased
relative in any of the following cases:
1. The deceased relative is lying-in-state in a place beyond thirty-kilometer radius from the jail or, in any case,
where the inmate cannot return to said place during daylight hours.
2. The inmate has a record of escape or attempted escape.
3. The inmate has two (2) or more pending criminal cases or is a material witness in a pending criminal case.
4. The inmate is classified as high risk, high profile, high value or violent extremist offender.
5. The inmate cannot be assured of his safety and security, or his
escape is highly possible; and
6. There is an intelligence report that the inmate will escape or will be
rescued.
J. If approved, the inmate shall not be allowed to stay more than three (3)
hours in the place where the remains of the deceased relative lie in state.
Further, in no case shall the inmate be allowed to join the funeral
cortege.
Section 41. COOPERATION AND COORDINATION AMONG JAIL
WARDENS REGARDING TEMPORARY TRANSFER OF INMATE - Jail Wardens
must agree on the use of facilities for the temporary detention of an inmate from other
localities before, during and after trial. Warden who shall effect the
movement/transfer of an inmate shall shoulder all the expenses for transportation
and other incidental expenses of the same while confined in other jails. The
classification standards of the BJMP such as to the inmate’s age, gender, or those
with special needs, among others, shall be observed while he/she is in temporary
detention.
Section 42. RULES TO BE FOLLOWED WHEN TRANSPORTING
INMATES - When moving/transporting inmates, the following shall be observed:
A. General Precautions
1. Jail personnel shall not discuss with the inmate the transportation plans, schedules, or equipment to be
used / adopted.
2. Inmates shall be notified of a trip only prior to the departure and shall not be allowed to make any
phone call. 3. Prior to movement/transport, all escort personnel shall be given detailed instructions on their
respective duties and responsibilities.
4. Whenever possible, transfer shall only be made during daytime.
5. Long distance transport of one (1) or more inmates shall be escorted by a minimum of three (3) escort
personnel and a back-up vehicle, if available.
6. If possible, personnel from Jail Intelligence Unit shall serve covert security by serving as advance party of
the convoy and shall conduct road scanning of the agreed route to detect any threat to the inmate and

A Self-regulated Learning Module 52


his/her escorts while en route. Being familiar with the area, the local intelligence unit of the nearest jail
facility in the place of destination shall also assist in long distance transport of inmates by way of conducting
reconnaissance operation prior to the scheduled arrival to determine any unusual activities in the area which
may affect the safe and secure transport of the inmate.
7. The most direct and shortest route to the destination shall be taken and no deviation shall be allowed except
when security consideration requires otherwise.
8. Using rented vehicle shall not be allowed when transporting inmates.
9. Team leader of the escort personnel must be equipped with a two-way radio and/or a mobile phone.
10. Inmates under escort shall always be under the watchful eye of the escort personnel. While in transit,
the personnel shall stay close enough to the inmate to be able to respond effectively in case of emergency.
If on board a prisoner’s van, escort personnel shall not seat inside the van but shall instead strategically
position himself or herself in the escort seat.
11. While en route, escort personnel shall ensure that the sliding bolt lock of the back door of the van
carrying the inmates is properly locked, observe people and vehicles getting near their vehicle, and remain
prepared for any eventuality.
12. Escort personnel shall observe and follow the established guidelines in escorting high-risk/high-profile
and VEO’s inmates.
13. Escort personnel shall be the first ones to disembark from the vehicle and shall position in a safe
distance to ensure clear vision of disembarking inmates. However, when boarding the vehicle, it should be
the inmate who shall first board the vehicle.
14. Escort personnel are justified in using deadly force to protect themselves and/or the inmate/s from
ambush or any deadly attack while in transport.
15. In case of an accident while en route, escort personnel shall secure and observe the inmates inside the
vehicle, let them stay inside the vehicle as much as possible. Apply first aid to injured inmates, when
necessary, while waiting for law enforcement and emergency assistance. The chief escort shall also be
informed about the incident and be updated of the development in the situation.
16. In the event that radio or mobile phone communication is not possible, escort personnel may flag down
any motorist, identify themselves and ask the motorist to notify the nearest law enforcement agency for
assistance. 17. In the case of minor serious vehicular problem that can be repaired on the spot, escort
personnel shall secure and observe inmates who shall remain inside the vehicle to the extent possible.
18. Maximum security measure shall be observed at all times in providing escort to high-risk, high-profile
inmates and VEO’s following the ratio of one is to one plus one escort supervisor.
19. The driver shall not leave the vehicle while in court or other authorized destination and be watchful of any
suspicious individual.
20. To avoid unnecessary stops while in transit, inmates should have relieved themselves from personal
necessity; and
21. The following basic security precautions shall be observed during transport of inmates:
a. Do not allow inmates to tinker with the handcuff.
b. Regard all inmates being transported as extremely dangerous.
c. Adjust the cuffs properly for tightness to avoid the need of adjustment while en route and observe proper
placement of handcuff which is either right to right or left to left. High risk/ high profile inmates and
VEO’s must be handcuffed at the back.
d. The escort shall always be on guard for any possible attack or ambush.
e. Escort personnel shall be extra careful not to sit, stand or walk next to an inmate while carrying a gun to
avoid being grabbed by the inmate.
f. Stopping along the highway while in transit is highly discouraged.
g. Keep inmates inside the vehicle except when necessary.

A Self-regulated Learning Module 53


h. Thoroughly inspect restraint equipment for proper function and damage and make a thorough body search
before placing the equipment on an inmate and before removing an inmate from a holding area. i. Keep
inmates in sight at all times.
j. While in court premises, firearms shall be unloaded. However, when escorting the inmate to and from the
vehicle, the same shall be properly loaded with ammunitions.
k. Exercise good judgment as unexpected events not covered by policy or procedure may occur on any
transport. If in doubt, secure the inmate in a local law enforcement/jail facility and call the chief escort or
officer of the day for direction.
l. Never stop for a disabled motorist or road mishap while transporting inmates but notify local enforcement
unit or the highway patrol regarding the incident.
m.Avoid interfering with road incidences such as but not limited to robbery in progress while transporting
inmates unless it poses imminent threat against the inmate, escort personnel or the public and if the same
so occurs, the immediate evacuation of the inmate from the area shall be primarily considered. In no case
shall the inmate and the vehicle be left unattended.
n. In case of involvement in a road accident and no traffic authority is present or cannot arrive in a shortest
possible time, the position of the vehicles and the damage incurred including skid mark, if any, shall be
immediately photographed or sketched and before leaving, provide the driver of the other party a contact
number of the jail. Once the inmate was returned to the jail, immediately coordinate with the traffic
authorities having jurisdiction in the place of incident.
o. Secure inmates who damaged restraints, other equipment or vehicles and report rule infraction.
p. Turn in vehicle inspection slip to the supply officer noting any vehicle deficiency or problem upon conclusion
of each transport; and
q. Turn in or check in all inmates, property/equipment, and the necessary documents to the concerned offices.
B. Chief Escort
1. Coordinates with the records section chief and determines the number and names of inmates scheduled
for court hearing as well as their respective destinations as approved by the warden.
2. Conducts guard mounting and accounting of the members of escort unit and carefully inspects their service
firearms including other equipment to be used.
3. Coordinates with the custodial unit the list of inmates scheduled for court hearing and assumes
responsibility over them after they are properly accounted for and turned over by the custodial unit.
4. Records in the Jail Blotter the purpose, date, time, branch of court and other destination of each
movement/transfer of inmates. Maintain a logbook or database for Escort Unit indicating there in the same data
to include the date and time of arrival as well as the occurrence of untoward incident, if any, as well as the
observation of any unusual movement of inmates and other people en route.
5. Select escort personnel and designate a team leader who shall serve as the contact person for the
duration of the transport of inmates.
6. Accomplish the Daily Escort Slip indicating the names of assigned escort personnel for each inmate.
7. Ensure the availability of marked transportation vehicle.
8. Supervise the conduct of strip searches on inmates prior to and after the inmates’ movement/transport.
9. Ensure that appropriate security measures are undertaken to maintain custody and control of inmates to be
transported.
10. Ensures that all inmates are properly dressed in accordance with prescriptions before they are transported,
and ensure that inmates carry only item/s duly inspected and for which they have been granted permit to
carry.
11. Ensures that the driver had checked the vehicle and ascertain BLOW BAGETS is observed.
12. Monitors through handheld radio or mobile phone the situation and current location of the inmates and their
escorts while outside the jail facility.
13. In case of long-distance transport of inmates, coordinates with the nearest local law enforcement
agencies/jail units having territorial jurisdiction over the destination; and

A Self-regulated Learning Module 54


14. Maintain regular communication with the warden on all movements/transfers of inmates.
C. Escort Personnel
1. Check the identity and receive the inmate named in the Daily Escort Slip duly signed by the Chief Escort.
2. Keep/maintain a copy of current profiles and photos of all inmates being transported for immediate
submission to local law enforcement units in the event of an escape or other emergency situations. For this
purpose, the Records Section shall maintain a duplicate copy of the current profiles and photographs of all
inmates in their respective carpetas which shall be prepared on the day prior to the date of scheduled
hearing and be given to the Chief Escort prior to the inmates transport.
3. Ensure the correct identification of all inmates being transported by comparing the face, name and other
important data with the photograph and information on each inmate’s profile before leaving the facility.
4. Conduct visual inspection of the vehicle to ensure that it is clean, fueled, mechanically serviceable and free
of contraband or any other item that may impede the safe and secure transport of inmates.
5. Ensure that all inmates are properly restrained before going out of the jail.
6. Ascertain whether an inmate has a crippled, deformed or very small hand that will allow him/her to slip the
handcuff off his hand.
7. Be armed with an authorized and duly permitted weapon and ammunitions.
8. Transport and secure the inmate as assigned.
9. Maintain radio or mobile phone contact with the Chief escort/Officer of the Day in the jail. Escort team leader
shall bring his mobile phone or check out one from the Supply Officer for use, if any; and
10. Be updated of their location along the roadways to expedite the response from law enforcement units in
case of any eventuality.

A Self-regulated Learning Module 55


CHAPTER 2: The Admission Process of PDL, Release of PDL, Security and Safety
Processes and Requirements of PDL’s inside the Institution, Visitation, Movement, and Escorting
Procedure, Trial of PDL’s, Custody, Control and Disciplinary Process of PDLs in the BJMP,
Provincial Jail, BuCor and other Facilities

ACTIVITY2

Instruction/s: Multiple Choices: Select the correct answer for each of the following questions (On-line exam).
Mark only one answer for each item by marking the box corresponding to the letter of your choice on the
google doc’s sheet provided. (Used: laptop, Cellphone, Tablet, Computer)

1. EJ a convicted prisoner who served 3yrs to 5yrs in New Bilibid Prison has shown good conduct. How many
days for each month of good behavior of imprisonment shall be deducted?
a. 20 b. 23
c. 25 d. 30

2. In case of vacancy by reason of death, incapacity, resignation or removal of any of the Board members, who
shall have the authority to designate a temporary member possessing the qualifications. a. Chairman of the
Board of Pardons and Parole
b. President
c. Commission on Appointments
d. Board of Pardons and Parole

3. Who is the Chairman of the Board of Pardons and Parole?


a. BuCor Director b. DILG Secretary
c. DOJ Secretary d. BJMP Chief

4. The Bureau of Corrections which is headed by the Director of Corrections is under the
a Department of Interior and Local Government b. Department of Justice
c. Office of the President
d. None of the above

5. Upon admission in the Reception and Diagnostic Center, an inmate shall be placed in quarantine for how
many days?
a. for at least five (5) days b. for at least ten (10) days
c. for at least fifteen (15) days d. for at least twenty (20) days

6. What order shall be under the signature of the judge and shall bear the seal of the court attested by the clerk
of court thereof?
a. Mittimus b. Commitment order
c. Form of mittimus/commitment order d. Mittimus/commitment order

7. Accomplishes and signs the Daily Escort Slip indicating there in the names of corresponding security escorts
and inmates, the cases of inmates and the courts concerned for the information of the jail warden.
a. Chief Escort Unit b. Escort Unit member

A Self-regulated Learning Module 56


c. Custodial Unit member d. PNP Unit

8. Informs the court of the names, cases and dates of detention of inmates who have not been arraigned yet.
a. Paralegal Officer b. Property Custodian
c. Liaison Officer d. Records Unit

9. Provides inmates with education and skills training programs, and work programs to enhance their chances
for employment upon _______.
a. announces c. relief
c. statement d. release

10. Who conduct thorough physical examination to assess the condition of the inmate and ask searching
questions to determine injury sustained after the conduct of medical examination or those injuries not
diagnosed prior to commitment in jail.
a. Medical Officers b. Dental Officer
c. Jail Nurse d. Warden

A Self-regulated Learning Module 57


MIDTERM GRADING LESSONS
General Objectives:
1. Discuss Rehabilitations and Reformation Programs of the BJMP, Provincial Jails, BUCOR, and other
Similar Facilities.
2. Conceptualize the principles Rehabilitations and Reformation Programs of the BJMP, Provincial Jails,
BUCOR, and other Similar Facilities.
3. Discuss the Re-integration Programs of the PDL’s of the BJMP, Provincial Jails, Bucor, and
other Similar Facilities.
4. Define and explain Re-integration Programs of the PDL’s of the BJMP, Provincial Jails, Bucor,
and other Similar Facilities.

CHAPTER 3: Rehabilitations and Reformation Programs of the

BJMP, Provincial Jails, BUCOR, and other Similar Facilities.

Objectives:

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


1. Discuss the important terms of Rehabilitations and Reformation Programs of the BJMP, Provincial
Jails, BUCOR, and other Similar Facilities.
2. Define and explain the Rehabilitations and Reformation Programs of the BJMP, Provincial Jails,
BUCOR, and other Similar Facilities.

REHABILITATION AND TREATMENT OF INMATES CHAPTER


1 PRELIMINARY PROVISIONS
SECTION 1. Conduct of rehabilitation and treatment programs.
The Bureau shall undertake rehabilitation and treatment programs to help an inmate lead a responsible,
lawabiding, and productive life upon release. Efforts shall be made to ensure an optimum balance between the
security of the prison and the effectiveness of treatment programs. Inmate and public safety, and the
requirements for effective custody, shall, however, take precedence over all other activities at all times and
shall not be compromised.

SECTION 2. Rehabilitation and treatment programs. Rehabilitation and treatment programs shall focus on
providing services that will encourage and enhance the inmate's self-respect, self-confidence, personal dignity,
and sense of responsibility.

A Self-regulated Learning Module 58


SECTION 3. Guidelines for rehabilitation and treatment programs. The following guidelines shall be observed
in the establishment of rehabilitation and treatment programs for inmates:
a. Corrective and rehabilitation services shall include religious guidance; psychotherapy; socialization;
health and sanitation; vocational training; mental, physical and sports development; and value formation and
education.
b. Programs and activities for offenders with special needs shall be placed under the supervision of a
social welfare officer in coordination with other correctional officers with special skills and specialized
training. c. A regular calendar of activities shall be observed.
The Superintendent shall be periodically informed on the progress or result of the rehabilitation and treatment
programs being implemented.
d. There shall be a special wing for neuro-psychiatric patients in a prison hospital to be placed under the
special supervision of a medical officer.
e. The latter shall submit a weekly report on the patients therein and may recommend the necessary
transfer of a mental patient to a better-equipped government hospital.

CHAPTER 2 - INMATE SERVICES


SECTION 1. Inmate services. — As part of the prison rehabilitation and treatment program, the inmate shall be
guaranteed access to health, educational, religious, and related rehabilitation services. SECTION 2. Health
services. — Health care and services shall be given to inmates similar to those available in the free community
and subject to prison regulations. A prison shall have at least one qualified medical doctor and a dentist.

SECTION 3. Medical consultation and visiting hours. — Medical consultation and visiting hours shall be
established by the Superintendent in consultation with the medical staff.

SECTION 4. Basic guidelines on medical consultations. — The following guidelines shall be observed
whenever an inmate visits a prison hospital/clinic for consultation and/or treatment a. The inmate
shall be in proper uniform during consultations.
b. He shall be attended to on a "first-come, first-served" basis.
c. The number of inmates allowed at the hospital/clinic for consultation/treatment shall depend on the number
of available doctors.
d. An inmate shall be subjected to a body search upon entering and leaving the prison hospital/clinic.
e. In emergency cases, only the medical staff and the patient shall be allowed inside the emergency room.
f. An inmate shall not loiter in the hospital/clinic or leave the same without permission from the medical staff.
g. Visitors of inmates shall not be allowed to stay inside the hospital/clinic to attend to the sick inmate without
the permission of the prison medical staff.
h. Children below twelve (12) years of age shall not be allowed to stay inside a hospital ward or treatment
room.
i. Patients in the hospital shall not be required to stand for checking.

SECTION 5. Pregnant CIW inmates. — In the CIW, there shall be special accommodations for pregnant
women. Whenever practicable, however, arrangements shall be made for children to be born in a hospital
outside the prison.

SECTION 6. Infant born to a CIW inmate. — An infant born while the mother is serving sentence in the CIW
may be allowed to stay with the mother for a period not exceeding one (1) year. After the lapse of said period,
if the mother of the infant fails to place the child in a home of her own, the Superintendent shall make
arrangements with the Department of Social Welfare and Development or any other social welfare agency for
the infants’ care. As far as practicable, the CIW shall have a nursery staffed by qualified personnel.

A Self-regulated Learning Module 59


SECTION 7. Recommendation for release of seriously ill inmate. — The prison medical officer shall visit all
sick inmates daily and attend to those who complain of any ailment. He shall render a report to the
Superintendent whenever he considers that an inmate's mental or physical health has been or will be
injuriously affected by continued imprisonment or by any condition of confinement.

SECTION 8. Notification of kin of sick or dead inmate. — Whenever an inmate is critically ill or dies, the prison
medical officer shall report the matter to the Superintendent who in turn shall notify the inmate's family by the
fastest means of communication available.

SECTION 9. Meals in hospital/clinic. — Meals shall be served in a prison hospital/clinic at the same time that
food is served to the other inmates, unless directed otherwise by the prison medical officer. Inmates assigned
to work in the hospital/clinic shall be provided with food rations coming from the General Kitchen.
SECTION 10. Referral of inmate for outside medical consultation/treatment. — An inmate who needs medical
treatment or examination that cannot be provided in the prison hospital may be referred to a hospital/clinic
outside the prison for the needed examination, treatment or hospitalization. The expenses for the outside
medical referral shall be borne by the inmate. During said referral, the inmate shall be accompanied by a
member of the prison's medical staff.

SECTION 11. Medical certification. — The outside medical examination, treatment or hospitalization of an
inmate shall be supported by a certification of the prison medical officer or if there is none, by a government
physician, which shall specify the exact ailment of the inmate, the treatment or examination required, the
duration of the hospitalization that may be required, and shall certify that the ailment cannot be properly
attended to in the prison hospital, Provided, that in the case of an NBP or CIW inmate, the request for outside
medical referral shall be forwarded by the Director to the Secretary for approval at least one (1) day before the
proposed referral. (Supplement by Memorandum from Secretary of Justice dated 10 April 2013)

SECTION 12. Referral to government hospital. — Unless absolutely necessary an inmate shall be referred to a
government clinic, hospital or institution for the required examination, treatment or hospitalization. If the referral
is made to private institution, the expenses incident thereto shall be borne by the inmate.

SECTION 13. Outside referral for dental work. — Except in emergency cases, no dental work for an inmate
shall be done outside the prison, and in cases of restoration work, expenses shall be borne by the inmate.

SECTION 14. Donation of human organ; form of donation. — The Director may authorize an inmate to donate
to a licensed physician, surgeon, known scientist or any medical or scientific institution, including eye banks,
and other similar institutions, any organ, part or parts of his body and to utilize the same for medical, surgical
or scientific purposes, or for the utilization for medical, surgical, or scientific purposes, of said organ, or body
part or parts which, for a legitimate reason, would be detached from the body of the grantor, subject to the
following conditions:
a. the organ or body part or parts being donated shall be detached after the death of the inmate;
b. the authorization to detach or use the organ or body part or parts shall be in writing; specify the person or
institution granted the authorization, the organ, part or parts to be detached, the specific use or uses of the
organ or body part or parts to be employed; and shall be signed by the inmate and attested by two
disinterested witnesses.
c. the donation is approved by the proper court.

SECTION 15. Disposition of cadaver of deceased inmate. — Unless claimed by his family, the body of an
inmate who dies in prison may be turned over to an institution of learning or any scientific research center
designated by the Secretary, for the purpose of study and investigation, provided that such institution shall

A Self-regulated Learning Module 60


provide a decent burial of the remains. Otherwise, the Bureau shall order the burial of the body of the inmate at
government expense, granting permission to the members of the family and friends of the inmate to be present
thereat. If the body is claimed by the family, all expenses incident to the burial shall be at the expense of the
family.

SECTION 16. Burial of convict. — In no case shall the burial of a convict be held with pomp.

SECTION 17. Adult education. — All illiterate inmates shall attend adult education classes. Literate inmates
may attend classes corresponding to their educational level.
SECTION 18. Educational programs for inmates. — A prison may offer any or all the following educational
programs:
a. Elementary education.
b. Secondary education program to prepare students to successfully pass the required tertiary level
qualification examination and to receive a regular high school diploma. A student will have completed the
program when all the credits required for a regular high school diploma from an accredited institution have
been earned.
c. College education; and
d. Vocational training.

SECTION 19. Certificate of completion. — The inmate shall be issued a certificate/diploma upon successful
completion of an educational program or course. The certificate shall form part of his prison record.

SECTION 20. Recreational and cultural activities. — Recreational and cultural activities shall be provided in all
prisons for the benefit of the mental and physical health of the inmate.

CHAPTER 3 - INMATE ORGANIZATIONS


SECTION 1. Purpose and scope. —The Bureau shall allow inmates to participate in approved, inmate
organizations for recreational, social; civic, and benevolent purposes.

SECTION 2. Application for recognition of an inmate organization. — An inmate may file a written request for
recognition of a proposed inmate organization to the Superintendent.

SECTION 3. Approval of an inmate organization. — The Superintendent may approve an inmate organization
if he finds that:
a. The organization has a constitution and by-laws duly approved by its members; the constitution and by-laws
must include the organization's purpose and objectives, the duties and responsibilities of its officer(s), and
the requirements for activities reporting and operational review; and
b. The organization does not operate in opposition to the security, good order, or discipline of the prison.

SECTION 4. Supervision of inmate organization. — The Assistant Superintendent shall be responsible for
monitoring the activities of the prison's inmate organizations.

SECTION 5. Dues. — The inmate organization may not collect dues from its members.

SECTION 6. Organization activities. — An officer of the inmate organization must submit a written request for
approval of an activity to the Superintendent. Activities include, but are not limited to, meetings, guest
speakers, sports competitions, banquets, or community programs. Activities may not include fund-raising
projects. The request must specifically include: a. Name of the organization.

A Self-regulated Learning Module 61


b. Nature or purpose of the activity.
c. Date, time, and estimated duration of the activity.
d. Estimated cost, if any.
e. Information concerning guest participation; and
f. Other pertinent information requested by the Superintendent.

SECTION 7. Approval of activity. — The Superintendent may approve an activity of an inmate organization if
the same:
a. does not conflict with scheduled inmate work or program activities.
b. has confirmation of staff supervision.
c. can be appropriately funded when applicable; and
d. does not conflict with the security, good order, or discipline of the prison.

SECTION 8. Use of government funds for activity. — When an activity of an inmate organization requires the
expenditure of government funds, the Superintendent ordinarily shall require reimbursement from non-inmate
participants, including civilian guests or members.

SECTION 9. Records of inmate organization. — Each inmate organization shall be responsible for maintaining
accurate records of its activities.

SECTION 10. Suspension of activities of inmate organization. — The activities of an inmate organization may
be suspended temporarily by the Superintendent due to non-compliance with Bureau rules and/or policies. The
inmate organization concerned shall be notified in writing of the proposed suspension sanction and shall have
the opportunity to respond to the Superintendent. Continued noncompliance with Bureau rules and/or policies
shall result in an increase in the severity of the suspension sanction and may include withdrawal of the
approval granted to the organization.

SECTION 11. Withdrawal of approval of an inmate organization. — The Superintendent may withdraw
approval of an inmate organization for reasons of the security, good order, and discipline of the prison, or for
serious or continuous violation of prison rules and/or policies.

SECTION 12. Funding of activities. — The Bureau may fund approved activities of inmate organizations or
organization requests for purchase of equipment or services for all inmates subject to the availability of funds.

PART VI - RELEASE OF INMATE


SECTION 1. Basis for release of an inmate. — An inmate may be released from prison: a.
upon the expiration of his sentence;
b. by order of the Court or of competent authority; or
c. after being granted parole, pardon or amnesty.

SECTION 2. Who may authorize release. — The following are authorized to order or approve the release of
inmates:
a. the Supreme Court or lower courts, in cases of acquittal or grant of bail.
b. the President of the Philippines, in cases of executive clemency or amnesty.
c. the Board of Pardons and Parole, in parole cases; and
d. the Director, upon the expiration of the sentence of the inmate.

A Self-regulated Learning Module 62


SECTION 3. Approval by Director of release. — An inmate shall only be released by the Superintendent with
the approval of the Director.

SECTION 4. Verification of identity of inmate to be released. — Before an inmate is released, he shall be


properly identified. His fingerprints and other identification marks shall be verified with those which were taken
when he was admitted in prison, and any change in his distinguishing marks since said admission.

SECTION 5. Documentary basis for release. — An inmate shall not be released on the basis of authority
relayed through telegram or telephone. Inmates to be released by reason of acquittal, dismissal of the case,
the filing of bond or the payment of indemnity shall only be released upon receipt by the Superintendent of a
written order bearing the seal of the court and duly signed by the clerk of court or by the judge thereof. The
release order shall bear the full name of the inmate, the crime charged, the number of the case, and such
other details as will enable the releasing officer to properly identify the inmate to be released.
SECTION 6. Prompt release of inmate. — An inmate shall be released without delay. However, before
releasing an inmate who is suffering from a communicable disease or mental derangement, and who cannot
defray the expenses of his treatment, the Superintendent shall take the necessary steps to arrange for the
follow-up treatment of the inmate in an appropriate government institution.

SECTION 7. Release of foreign national. — The Director shall notify the Commissioner of Immigration of the
release of an inmate who is a foreign national. At least thirty (30) days before the approximate date of release,
the Director shall furnish the Commissioner of Immigration with certified copies of the court decision in the case
of the alien inmate, a synopsis of his prison record, and the expected date of release.

SECTION 8. Release of inmate with pending criminal case. — If the inmate to be released has a pending
criminal case, the Director shall inform the court where the case is pending of the inmate's discharge from
prison at least thirty (30) days before the actual date of release. In the proper case, the Director shall turn over
the inmate to the proper court where the inmate has a pending criminal case for disposition.

SECTION 9. Prohibited release of inmates before and after election. — The Director shall not order or allow an
inmate to leave prison sixty (60) days before and thirty (30) days after an election except for valid or legal
reasons.

SECTION 10. Separation and Placement Center. — An inmate shall, thirty (30) days before his scheduled date
of release, be transferred to the Separation and Placement Center to prepare him for reentry into free society,
provided he is not under punishment or an escape risk and is cleared of his government property
accountability.

SECTION 11. Pre-release seminar. — All inmates eligible for release shall undergo a one-day seminar in
preparation for his life outside prison.

SECTION 12. Assistance to inmate to be released. — Upon release of the inmate, he shall be supplied by the
Bureau with transportation to his home, including a gratuity to cover the probable cost of subsistence en route,
and if necessary, a suit of clothes.

SECTION 13. Transmittal of carpeta and prison records. — In executive clemency and parole cases, the
Director shall forward the carpeta and prison record of an inmate to the Board within the following periods: a.
for commutation of sentence — at least one (1) month before the expiration of one-third (1/3) of the minimum
period of the inmate's indeterminate sentence and in special cases, at least one (1) month before the periods
specified by the Board.

A Self-regulated Learning Module 63


b. for conditional pardon — at least one (1) month before the expiration of one-half (1/2) of the minimum period
of the inmate's indeterminate sentence and in special cases; at least one (1) month before the periods as
the board may specify.
c. for parole — at least one (1) month before the expiry date of his minimum sentence.

BOOK II - CODE OF ORDERS PART I - ORGANIZATION OF BUREAU, RESPONSIBILITIES AND DUTIES


OF CORRECTIONS OFFICIALS
SECTION 1. Director and Assistant Director of the Bureau. — The Bureau is headed by the Director of
Corrections who is assisted by two (2) Assistant Directors, one for Administration and Rehabilitation and one
for Prisons and Security. The Director and Assistant Directors of the Bureau shall be appointed by the
President of the Philippines upon recommendation of the Secretary. (Repealed by RA 10575)

SECTION 2. Functions of Director. — The Director shall have the following functions:
a. Act as adviser of the Secretary on matters relating to the formulation and execution of penal policies,
plans, programs and projects.
b. Administer and execute the laws relating to prisons and its inmates and enforce the rules and
regulations governing the operations and management of prisons. c. Exercise administrative supervision of
prisons.
d. Recommend to the Board of Pardons and Parole inmates who are qualified for the grant of parole, pardon
and other forms of executive clemency.
e. Exercise supervision and control over the constituent’s units and personnel of the Bureau; and
f. Issue directives and instructions in accordance with laws, rules and regulations that will effectively and
efficiently govern the activities of the Bureau and its personnel.

SECTION 3. Functions of Assistant Director. — The Assistant Director shall have the following functions: a.
Assist the Director in the formulation and implementation of the Bureau's objectives and policies;
b. Coordinate and ensure the economical, efficient and effective administration of the programs and projects of
the Bureau;
c. Assume the duties of the Director in the latter's absence; and
d. Perform such other function as may be assigned by the Director.

SECTION 4. Organizational structure of Bureau. — The Bureau shall carry out its functions through the
following prisons and administrative divisions: a. Prisons
i. New Bilibid Prison (NBP), Muntinlupa City ii.
Correctional Institution for Women, Mandaluyong City
iii. Leyte Regional Prison, Abuyog, Leyte
iv. Davao Prison and Penal Farm, Panabo, Davao del Norte v. San
Ramon Prison and Penal Farm, Zamboanga City vi. Sablayan
Prison and Penal Farm, Sablayan, Mindoro Occidental vii. Iwahig
Prison and Penal Farm, Puerto Princesa City, Palawan

b. Staff Offices
i. Administrative Division ii.
Management Division iii.
General Services Division
iv. Accounting Division
v. Supply Division vi. Budget
and Finance Division vii.
Medical Coordinator's Office

A Self-regulated Learning Module 64


viii. Legal Office ix. Reception and
Diagnostic Center.

SECTION 5. Medical officer of a prison and penal/regional prison. — There shall be a prison medical officer
who shall inspect/supervise the following:
a. quantity, quality, preparation and serving of food rations of inmates.
b. hygiene and cleanliness of the prison and its surroundings.
c. sanitation, lighting and ventilation of the prison; and
d. observance of the rules concerning physical education and sports.

SECTION 6. Social worker. — A prison shall have a licensed social worker who shall conduct social case
studies and referral services and engage in volunteer resource development activities. He shall assist in the
implementation of rehabilitation programs of inmates and shall maintain updated information on the results of
the treatment program being implemented for individual inmates.
SECTION 7. Chaplaincy service. — There shall be a prison chaplaincy service which shall promote religious
education, worship services, guidance and counseling as well as the organization of religious volunteer
groups. The Service shall, as far as practicable, ensure compliance with the specific requirements such as
dietary restrictions, medical treatment, work assignment and other ethical beliefs and practices of a particular
religion or faith.
SECTION 8. Duties of chaplains. — All chaplains, regardless of their faith orientation, shall minister as an
effective pastoral team to an entire inmate population. They shall, among others, have the following duties and
responsibilities:
a. Provide individual and personal counseling.
b. Lead worship and prayer gatherings of his or her own faith traditions.
c. Supervise religious inmate services and meetings; and
d. Respond to identified spiritual and religious needs of inmates.

SECTION 9. Recognition of religious group. — A religious group which has a sufficient number of members as
determined by the Superintendent shall be allowed to have a qualified, appointed representative to the
chaplaincy. Qualified religious representatives shall be encouraged and allowed to hold pastoral visits and
services in the prisons.

SECTION 10. Release of information. — The Superintendent shall promptly make announcements to media of
unusual, newsworthy incidents such as escapes and institution emergencies. Upon request, he may provide
the following information about an inmate: a. Name.
b. Prison number.
c. Place of confinement.
d. Age.
e. Conviction and sentencing data: this includes the offense(s) for which convicted, the court where convicted,
the date of sentencing, the length of sentence(s), the date of expiration of sentence, and previous
convictions.

SECTION 11. Press pools. — The Superintendent may establish a press pool whenever the frequency of
requests for interviews reaches a volume that warrants limitations. In such a case, the Superintendent shall
notify all news media representatives who have requested interviews or visits that have not been conducted.
Selected media representatives may be admitted to prison as a pool to conduct the interviews under the
specific guidelines established by the Superintendent.

A Self-regulated Learning Module 65


SECTION 12. Composition of press pool. — The members of the press pool shall be selected by their peers
and shall consist of not more than two (2) representatives from each of the following groups: a. The
national and international news services.
b. The television and radio networks and outlets; and
c. The news magazines and newspapers.
If no interest is expressed by one or more of these groups, no representative from such group need be
selected.
All news material generated by a press pool shall be made available to media without right of first publication
or broadcast.

PART II - DUTIES OF MEMBERS OF CUSTODIAL FORCE


SECTION 1. Correctional objectives. — In the performance of their duties, prison officers and guards shall
observe the following objectives:
a. The social reorientation of the inmates for successful participation in modern community life after
release; and
b. Their vocational rehabilitation in order that they may exist as self-sustaining members of the community
where they may reside, whatever limiting factors their status as ex-inmates may be.

SECTION 2. Duties of custodial officers. — To carry out the objectives mentioned above, custodial officials and
guards shall perform the following duties: a. Superintendent
i. He is charged with the supervision of the entire prison.
ii.He shall strictly enforce all laws and rules and regulations relating to prisons. iii. He shall be responsible to
the Director for the management of the prison, the safe custody of inmates, the proper care of all prison
buildings and other properties, and the economical and proper expenditure and use of prison funds and
materials. iv. He shall utilize the labor of all the inmates to serve the best interest of the public service. He
shall promote the useful employment and industrial training of inmates.
v. He shall report promptly in writing to the Director any escape, or any attempt or preparation to escape, the
discovery or confiscation of dangerous tools from an inmate, fires, accidents, or any important occurrence. vi.
He shall observe the conduct of the prison officers and guards and require faithful execution of their duties. vii.
He shall immediately report to the Director any irregularity or misconduct of a prison official or guard and if
warranted, investigate, and proceed administratively against an errant official or guard in accordance with
Civil Service law, rules, and regulations.
viii. He shall look after the health and well-being of prison officers and guards. ix. He shall reside in
the quarters assigned to him and shall not stay out overnight unless the Assistant Superintendent is
present.
x. He shall receive all reports and complaints of prison officials, guards and inmates and forward the same
without delay to the Director with his comments and recommendations. xi. He shall always maintain control
over the inmates, and to permit no disobedience. He shall comfort himself so as to maintain a positive
influence over them, which, whenever the occasion may require, he shall exert by his personal presence. xii.
He shall see to it that all inmates are treated with strict impartiality.
xiii. He shall allow visits to inmates in accordance with prison rules and regulations and general orders and
shall ensure that proper entries concerning the visitors are made in the prescribed book. xiv. He shall give
all necessary directions for the reception and release of inmates. xv. He shall pay attention to the
illumination ventilation, drainage, water supply and sanitary condition of the prison and take such measures
as may be necessary for their being maintained in perfect order.

b. The Assistant Superintendent

A Self-regulated Learning Module 66


i. He is the officer next in authority to the Superintendent and shall be responsible to the Superintendent for the
discipline and cleanliness of his division. ii. He shall discharge the duties of the Superintendent during the
absence of the latter.
iii. He shall see to it that prison regulations and orders are carried out and that due order and discipline are
enforced.
iv. He shall act as Chairman of the Board of Officers in the hearing of administrative cases against prison
employees and guards.
v. He shall ensure that guards are properly dressed and armed before going to their posts.
vi. He shall give constant attention to the security of the prison.
vii.He shall see to it that subordinate officials and guards perform their respective duties and that they are
acquainted with the special orders pertaining to each post. He shall visit frequently all parts of the prison
and see to it that the inmates are orderly and industrious.
viii. He shall detail any officer or guard on a post to perform any other duty which may be required from
time to time. ix. He shall supervise the search for contraband and assure himself that the prison is secure.
x. He shall visit all inmates under observation or locked up for punishment at least twice a day and make
sure that any special instruction in regard to said inmates is carried out fully.
xi. He shall investigate any report or complaint made to him by a keeper or a guard or an inmate and
report the matter immediately to the Superintendent. xii. He shall inform the Superintendent of all matters
relating to the prison if he has dealt with them himself.
Nothing shall be considered as trivial.
xiii. He shall instruct, when necessary, all custodial officers and guards in any post on their duties. xiv.
He shall be the medium of communication between the custodial officers and guards and the
Superintendent and shall bring the attention of the Medical Officer to any inmate whom he considers to be sick
or of unsound mind.

c. Chief Overseer
i. He shall supervise keepers in their respective departments and inspect all prison wards and cells under his
supervision, ascertaining and requiring of the keepers, at all times, to comply strictly with their assigned duties.
He shall promptly report in writing to the Superintendent any observed delinquency or instance of neglect on
the part of a keeper. ii. He shall keep a record of inmates assigned to the different departments, showing the
brigade or cell in which each is confined, the shop or place where the inmate is working, the date of entrance
into prison for confinement, the sentence, the date of sentence, the crime and such other information as he
may be directed by the Superintendent to secure. iii. He shall see to it that the morning and evening counts of
inmates by the keepers are promptly and correctly made. iv. He shall see to it that all keepers, upon their
entrance into the prison for duty, are in the prescribed uniform. v. He shall keep a record of the assignment of
inmates in confinement. vi. He shall record all breaches of discipline committed by an inmate. vii. In the NBP,
he shall select qualified inmates for assignment to a prison and penal farm or regional prison as the
Superintendent may direct. viii. He shall supervise the requisition and issue of clothing or equipment to
inmates. ix. He shall attend to the basic needs of inmates.
x. He shall supervise the work of the Mailing Section and the censorship of letters and other mail matters of
inmates.

d. Commander of the Guards


i. He shall be in charge of the prison custodial force and execute orders and instructions of the Director and the
Superintendent. ii. He shall train and instruct new guards on their duties and shall be responsible for the
discipline and behavior of the guards under him.
iii. He shall supervise the duty assignments of personnel under him and shall act as the secretary of the
Board of Officers in hearing administrative cases against any prison employee or guard.

A Self-regulated Learning Module 67


iv. The protection, peace, and order of the prison compound and of the prison reservation shall be his
concern. v. He shall help conduct preliminary investigations and make reports of all untoward incidents inside
the prison reservation and perform such other assignments that may be given to him by the Superintendent.
vi. He shall act as prison ordinance officer and shall be held responsible for the safekeeping and maintenance
of all firearms and ammunition in the prison armory.
vii. He shall look into the welfare of the guards as a whole.

e. Inspector of the Guard


i. The Senior Inspector shall serve as alternate Officer of the Day and under the orders of the
Superintendent, have supervision over the zone inspector, keepers, and guards on duty, and of the policing
the prison and performing such other duties as may be assigned to him by the Superintendent.
ii. The Inspector-at-large shall inspect all guards entering upon a tour of duty and shall see to it that they
are properly equipped, in the prescribed uniform, and that they comply strictly with such verbal instructions as
are given to them by the Superintendent and the Officer of the Day
iii. The Inspector-at-large shall be responsible for the discipline, orderliness, and sanitation of his zones
within the prison compound and see to it that all prison rules and regulations are strictly enforced.
iv. All inspectors shall conduct an hourly inspection of all buildings in the prison compound where there
may be any danger from fire at night, and as often during the day as may consistent with their duties.

f. Guard
i. A guard shall live in the quarters within the prison reservation to which he is assigned, unless special
permission is granted by the Director or the Superintendent to reside elsewhere.He shall occupy the quarters
assigned for his use and that of his family, and it shall be their duty to see that their quarters are kept in a
clean orderly condition.Unmarried guards or bachelors shall reside in the guards' quarters.
ii. No one shall be allowed to enter the guards' quarters unless his duties require him to do so and those
entering the same shall conduct themselves so as not to disturb the guards therein.
iii. A Guard shall be a.) vigilant;
b.) comply strictly with his orders; and
c.) perform his duties promptly.
Failure to observe these requisites shall be cause for disciplinary measures.
iv. There shall be three (3) shifts for guards with each guard having a tour of duty of eight (8) hours. One-
third (1/3) of the guards in each shift shall be detailed on reserve duty for a period of eight (8) hours prior to
entrance to duty. The guard on reserve shall stay in the Administration Building ready for any call.
v. He shall be responsible for the serviceable condition of the equipment in his possession as well as for
all government property belonging to the post. Firearms shall be kept clean, well-oiled and in perfect
condition. vi. A list of all properties for which guards are responsible shall be placed in the tower posts. A
relief guard upon entering into duty shall check if all such properties are being turned over and that they are
serviceable. Any deficiency shall be immediately reported to the inspector on duty who, in turn, shall request
the property office or the armorer to replace the unserviceable or missing property.

g. Keeper
i. He shall be responsible for the locking of inmates in his brigade. He shall keep a correct count of the
inmates in his brigade or cells and promptly report any absentees found at the morning or evening counts to
the Chief Overseer, who shall in turn report the same to the Superintendent.
ii. He shall have the flooring of his brigade scrubbed at least twice a week and that of the bottom landing,
daily.
iii.He shall ensure that all cells are clean and that the toilets and bathrooms are thoroughly scrubbed and
cleaned every day. iv. He shall exercise utmost diligence in searching for contraband articles. Nothing must
be overlooked nor taken for granted as correct.

A Self-regulated Learning Module 68


v. He shall examine all belts, bars, locks and doors of the brigade and satisfy himself as to their security.
vi.He shall be under the direct supervision of the Chief Overseer and the Officer of the Day and the Inspector
on Duty.
vii. He shall superintend the policing of brigades and parts of the prison yard which are in the immediate
vicinity of his brigade.
viii. He shall enter in the book provided for the purpose any breach of discipline by an inmate. If the
violation is serious or repeated after the inmate had been warned, he shall immediately report the same to
the Officer of the Day.
ix.He shall make an hourly inspection of the brigade and cells under his charge and shall not allow an inmate
to remain therein during working hours unless assigned to work therein as room orderlies or when directed
to remain by proper authority.
x. He shall supervise the proper and equitable distribution of food to the inmates in a brigade.

h. Yard Guard
i. He shall see to it that the work assigned to inmates occupying the yards is properly performed.
ii. He shall see to it that the yards are clean and in sanitary condition, and that all conveniences and facilities
are in order. iii. He shall pay particular attention to yards occupied by inmates under training, drilling or
performing a special work assignment. iv. When necessary to unlock any yard gate or door, he must not
leave the gate or door until he has locked it again.
v. He shall keep the area under his charge free from any pieces of iron or any scrap material that may be used
as deadly weapons by inmates. vi. He shall keep a close watch of inmates within his line of vision and
promptly report any untoward event or suspicious movement of inmates to the nearest officer.

i. Gate Guard
i. He shall always be mindful of the importance of his post and strictly discharge his assigned duties.
ii.He shall never open the gate until he has ascertained the identity of the person seeking admission and
assures himself that the person has been authorized to enter. iii. He shall open and close a gate or door
as quietly as possible.
iv. He shall keep a correct record of all persons who pass through the gate including the officers of the
prison, and also a record of all visitors and the period they remained inside the compound.
v. He shall enter all articles received at the gate in the book provided therefor and shall satisfy himself
that no contraband is allowed entry. vi. At the control gate, the front door shall never be opened while the
other door is open or vice versa. vii. He shall not allow an inmate, even one due for release, to pass through
that gate unless authorized by the Officer of the Day. viii. He shall not allow firearms of any kind to enter the
prison. Firearms of prison officers and employees, as well as visitors, shall be kept or deposited at the
entrance gate. ix. He shall see to it that all inmates are properly searched in going in or out of the prison.
x. He shall see that all official visitors sign the visitor's book. Should any visitor refuse to sign the visitor's book,
the visitor shall not be allowed entry. He shall immediately report the incident to the Officer of the Day for
disposition.

Guards at the Main Gate or Outpost


i. He shall closely observe civilians entering the prison reservation, make inquiries as to the purpose of
their visit.
ii. He shall see to it that all civilians coming in during visiting days are thoroughly searched and that they
are not armed. He shall seize and issue receipts for all contraband and prohibited articles found in their
possession. iii. He shall enter in the logbook the names of officers and employees going in and out of the
reservation, and indicating therein the exact time of their departure and arrival.
iv. He shall carefully check all trip tickets of prison vehicles, as well as the passes corresponding to the
number of inmates being brought out under guard.

A Self-regulated Learning Module 69


v. Gate officers may refuse entry to any vehicle if they believe the occupants do not have a legitimate
purpose in visiting the area or if the vehicle contains cargo that pose security risks.

Pointers for All Guards


i. A guard shall observe the provisions of Republic Act No. 6713, otherwise known as the "Code of
Conduct and Ethical Standards for Public Officials and Employees" and its implementing rules.
ii. He shall familiarize himself with the provisions of this Manual and shall conduct himself in accordance
with its provisions and precepts. He shall understand the limits of his authority and responsibilities. In case of
doubt, he shall consult his immediate supervisor.
iii. A guard shall execute an appropriate hand salute and address as "Sir" the following officers of the
Bureau: Director, Assistant Director; assistants to the Director, Executive Officer, Superintendent and Assistant
Superintendent, Chiefs of Divisions, Inspectors and Sergeants of the guard.

iv. He shall stand at attention and salute the National Colors or standards not cased, and when the
national anthem is played.
v. He shall be neat in his appearance. If in uniform, the same shall be neat, well-pressed, and worn
smartly. When performing his duties outside the prison premises, he shall be in complete and proper uniform
and if traveling in uniform, shall display utmost courtesy towards civilians. He shall have regulation haircut. vi.
He shall read the prison bulletin board preferably before his tour of duty. vii. He shall familiarize himself with
the proper operation and maintenance of the firearm and instruments of restraint he may be called upon to
use. viii. He shall not lend the firearm issued to him to anyone or borrow someone else's firearm, except when
authorized to do so. ix. While on duty, he shall bring with him thirty (30) rounds of ammunition and must not
expend them unless absolutely necessary, or with permission from higher authority. x. He must avoid
unnecessary firing of his firearm.
xi. He shall immediately report to the armorer any loss or expenditure of ammunition, loss or destruction of
firearm or its accessories, or any government property issued to him or under his charge. xii. He shall beat
the point of assembly at least five (5) minutes before the appointed time of assembly. If he is late in the
formation, he must report to the Officer-In-Charge upon arrival and again, after dismissal. xiii. If he will be
unable to report for duty, he shall report the same to the Sergeant or Inspector of the Guard at least two (2)
hours before the time of assembly. xiv. If the guard feels indisposed, he must immediately report to the
prison hospital for examination/treatment. If he will not be able to attend to his duties on account of illness,
he must secure a medical certificate to that effect and present it to the proper authority at the first available
opportunity.

SECTION 3. Administrative liability of guard. — A guard shall be liable to administrative disciplinary action for
acts punishable under the provisions of this Manual, the Civil Service Law and its implementing Rules and
Regulations.

PART III - CUSTODIAL AND SECURITY PROCEDURES


SECTION 1. Security conditions of confinement facility. — All doors, bars, windows and locks of security
facilities shall be examined regularly to ensure their integrity and good condition. All prison personnel,
regardless of assignment, shall be responsible for the security of prison facilities. They shall immediately report
any sign of defector deterioration in the security system to their immediate supervisor.

SECTION 2. Perimeter fences. — Maximum and medium security compounds must maintain two parallel
security barriers or perimeter fences provided with sufficient lighting fixtures to prevent escapes or jail breaks.
These shall be periodically inspected by the general services division and the commander of the guards.
Electrified fences shall be equipped with warning signs to avoid accidental injury to both custodial personnel
and visitors.

A Self-regulated Learning Module 70


SECTION 3. Vehicle control. — Privately-owned vehicles of employees and residents of a prison reservations
shall be provided with security tags or stickers for proper identification and clearance at the entry and exit
gates. All other transportation must be checked for both passengers and cargo.

SECTION 4. Vehicular access to prison compounds. — No privately-owned vehicle shall be allowed access to
a prison compound except upon prior written clearance from the Superintendent. All vehicles shall be checked
at the inner and outer gates upon entry and exit.

SECTION 5. Inmate head count. — A head count of inmates shall be conducted four (4) times a day or as
often as necessary to ensure that all inmates are duly accounted for.

SECTION 6. Procedure for inmate count. — The procedure for conducting a periodic physical head count of
inmates shall be as follows:
a. During the count, the inmates shall not be allowed to move until the count is completed.
b. There must be a positive verification of an inmate's presence. Counting an inmate as present on the basis of
seeing any part of his clothing, his hair, or shoes shall not be made.
c. A written report on the results of each head count shall be submitted to the Chief Overseer.
d. If the inmate count does not tally with the list of inmates, the matter shall be immediately reported to the
Chief Overseer.

SECTION 7. Location of armory. — The prison armory shall be located outside of the main prison and the
inmates’ work/activity area.

SECTION 8. Security measures while serving/delivering meals. — If meals are served in a dining room or
similar facility, the following security measures shall be observed:
a. Inmates shall be marched in columns of two's along designated routes under the supervision of one or two
guards. Other guards may be stationed along the route to direct the orderly movement of inmates to and
from the mess hall.
b. A roving supervisor shall establish order in the dining room area.
c. After meals, all eating, and kitchen utensils of inmates shall be collected and accounted.
If meals are delivered inside the inmate's cells/quarters, the guard shall not enter the cells/quarters to distribute
food unless another guard is available to handle the keys and control the entrance door. If the food will be
served by just one guard, the food shall be served without unlocking the door if there is a danger of being
overpowered by the inmates. If there is no danger, the door may be opened but the guard shall remain on
alert.

SECTION 9. Visitor control; body search of visitors. — All visitors, including prison personnel, shall be
subjected to a thorough body search and their belongings/packages screened for contraband before entering
the prison compound. Women visitors shall be searched only by female guards or employees.

SECTION 10. Filing of criminal/administrative charges. — Those found with contraband hidden in their body or
belongings shall be barred from entering the prison compound and in the proper cases, charged
criminally/administratively.

SECTION 11. Bringing out food and prison issue. — Visitors shall not be allowed to bring out food or other
articles issued for the consumption or use of inmates.
SECTION 12. Control of prison keys. — Only the following shall be authorized to possess the keys of prison
gates, cells, dormitories and hospital wards: a. Gate officer.

A Self-regulated Learning Module 71


b. Officer-of-the-Day or Shift Commander.
c. Keeper; and
d. Custodial or Medical Officer designated by the Superintendent.

PART IV -SECURITY PROCEDURES DURING EMERGENCIES, RIOTS, ESCAPES OR MAJOR


DISTURBANCES
SECTION 1. Emergency control center. — A prison shall establish a Control Center to control, execute and
monitor the proper and timely implementation of detailed plans of action to cope with emergency situations
caused by fires or conflagrations, riots or other violent disturbances, or escapes. The Control Center shall be
under the command of the Superintendent or, in his absence, the Assistant Superintendent, and in the latter's
absence, the most senior prison guard present.

SECTION 2. Riots and other prison disturbances. — In the event of riots or other prison disturbances, all
officials and employees of the prison where the incident occurs shall be placed on twenty-four (24)-hour alert
to perform such tasks as may be necessary to quell the disorder or normalize the situation.

SECTION 3. Sounding of alarm. — Whenever a riot or escape alarm is sounded, either by siren, bell or gun
fire, all inmates shall be ordered to lie flat on the ground, face down and with arms and legs spread out. On
such occasions, when warnings are disregarded, the guards shall use reasonable force to carry out the
instructions.

SECTION 4. Procedure during riots and disturbances. — The following procedures shall be followed in the
case of riots and other violent disturbances:
a. At the sound of the first alarm, all inmates shall be locked up inside their respective cells/quarters. An inmate
work crew shall be immediately returned to the prison compound or to previously designated areas for
accounting and confinement after a head count;
b. If the disturbance occurs during visiting hours, all visitors shall be immediately ushered out of prison
compound or if this is not possible, brought to a pre-determined area inside said compound. In the latter
case, the visitors shall not be allowed to leave said area or the compound until the disturbance has ceased
and the inmates have been properly accounted for.
c. At the same time, all guards who are not on duty shall be directed to immediately report to the Desk Officer.
All critical posts shall be manned to prevent escapes. The most senior guard present shall take command of
the custodial force and make assessment of the situation.
d. All telephone calls to and from the prison compound shall be controlled.
e. The Armorer shall issue the necessary anti-riot equipment and firearms.
f. Based on his assessment of the prevailing conditions, the guard in command shall deploy the guards into
the following groups:
1st Group — This is the initial wave of anti-riot assault contingent who shall be armed with wicker shields,
protective headgear, gas masks and night sticks or batons, when these are available. The objectives of
this group are to disperse the rioters and get their leaders.
2nd Group — This is the back-up force of the 1st Group who shall be equipped with tear gas guns and gas
grenades.
3rd Group — This is composed of guards who are trained in the proper handling and use of firearms. Under
the direct command of the guard-in-charge, they shall provide covering fire to the first two groups.
g. When the three groups mentioned above are ready, the guard-incharge shall direct the inmates to cease
and desist, to return to their respective cells and warn them of the consequences if they do not obey. The
known leaders, if known, shall be addressed directly.
h. If the inmates fail or refuse to heed the order to return to their cells, the guard-in-charge shall sound the 2nd
alarm. Thereupon, the 1st Group shall enter into the prison compound followed by the second group at a

A Self-regulated Learning Module 72


discreet distance. The third group shall be in strategic position, ready to fire if the lives of the guards in the
1st and 2nd Groups are endangered by overt violent acts of the inmates.
i. The 1st Group shall be tasked with quelling the riot and getting the leaders of the rioting group. If they meet
stiff resistance, the head of the Group shall immediately order their withdrawal.
j. Thereafter, the guard-in charge shall order the 2nd Group to fire tear gas on the inmates. When the area
where the rioters are found is saturated with gas, the 1st Group shall attack using their batons to force the
rioters into their cells and to get the leaders. The use of pressurized water from the fire truck, it any, may be
resorted to.
k. At the earliest opportunity, the guard-in-charge shall report the prison disturbance to the nearest police
station and to the Director who shall in turn inform the Secretary.
l. When the condition has become critical and the disturbance has reached full intensity, the guard-in-charge
shall cause the sounding of the third alarm. At this instance, the Control Center shall notify all Police
agencies nearby for assistance and then all other plans in connection with prison uprisings shall then be
executed. Nearby hospitals shall also be notified if the situation demands.
m.As an extreme measure to prevent mass jail break or serious assault upon the members of the prison
administration, the selected marksman of the 3rd Group may be ordered by the guard-in-charge to fire
warning shots at the rioters. If the rioters do not desist, the order to fire shall be given but only to aim
designated targets belonging to the rioting group.
n. After the riot or disturbance, the following procedures shall be followed:
i. Administer first aid to the injured.
ii.Conduct a head count. iii. Segregate ring leaders and agitators. iv. Assess and
determine the damage to the facilities.
v. Investigate the causes of the riot and prosecute the ringleaders and other persons
involved in the riot.
vi.Repair the damage. vii. Adopt measures to prevent repetition of similar incidents;
and viii. Submit a report on the incident to the Secretary.

SECTION 5. Procedure during an escape or jailbreak. — The following procedures shall be followed in the
case of escapes or jail breaks: a. b. c.

a. When a jail break is in progress or has just occurred, the Control Center shall immediately sound the
alarm and the Superintendent or the Commander of the Guards shall be notified. At the first sound of the
alarm, all inmates shall be locked in their respective cells while those in work detail shall be marched in orderly
manner to their cells.
b. All prison personnel who are not on duty shall report to the prison immediately and make themselves
available for emergency deployment.
c. The Armorer shall issue firearms to members of the custodial force who shall be immediately
dispatched to strategic posts.
d. A head count shall be made simultaneously in the different cells/quarter of inmates to determine the
identity of the escapee. Prison personnel assigned to essential posts such as the powerhouse, kitchen,
hospitals, fire station, etc. shall also make a head count of the inmates under their supervision and report the
results thereof to the Control Center.
e. If the identity of the escapee is established, his name and other personal circumstances shall be
immediately flashed to all units of the Philippine National Police in the vicinity.
f. Radio and television stations and other news media shall also be notified of the escape and, if possible,
provided with photographs of the escapee.
g. A Recovery Team shall be formed by the Superintendent to proceed to all known lairs, hangouts,
residences and houses of immediate relatives and friends of the escapee.

A Self-regulated Learning Module 73


h. In case of mass jail breaks, all members of the custodial force shall be immediately issued firearms and
assigned to critical posts to seal off all possible escape routes while teams search the prison premises. Prison
personnel who are off duty shall be required to report for duty immediately.
i. If any prison officer or employee is held hostage by the escapee, reasonable caution to insure safety
shall be taken. If it is the Superintendent who is taken as hostage, the Assistant Superintendent shall assume
command.
j. If no hostage was taken and the escapee is unable to leave the prison premises but refuses to
surrender to the prison authorities, the basic plan for Riots or Disturbances shall be implemented.
k. After the escape, the Superintendent shall conduct an investigation relative to the escape to determine
the liability of the officer/employee under whose custody the inmate escaped. A review of security procedures
and an ocular inspection of the prison facilities shall also be made to determine the existence of any gaps or
flaws.
A report on the results of said review shall be submitted to the Secretary.

SECTION 6. Emergency plans for calamities etc. — Subject to the available personnel and funding resources
a prison shall establish emergency plans in cases of power failure and natural disasters such as floods,
earthquakes and other calamities, The plans shall cover the specific roles of prison personnel present, the
alarm system to be used, the emergency power units to be utilized and the kind of security to be provided and
such other matters as are necessary to insure the safety and security of prison personnel and inmates.
Likewise, the plans shall also include detailed procedures for the evacuation of inmates in cases of floods,
earthquakes and other calamities, if such evacuation is necessary.

SECTION 7. Features of emergency plans. — Subject to the availability of funds and equipment, emergency
plans shall contain the following basic elements or features: a. Fire
i. A fire crew shall be formed consisting of prison personnel and inmates chosen according to their security
classification/behavior, intelligence and aptitude. They shall man the prison fire truck, if any. ii. The inmates
who are selected shall be housed separately from the other inmates in close proximity to the Control Center
and/or the fire equipment and fire truck, if any. They may be issued special uniforms for easy identification.
iii. At the first sign of fire, the Control Center shall sound an alarm either by means of a siren or a bell, and at
the same time, notify the fire department, police headquarters and other units that may help in putting out the
fire and/or evacuating inmates. iv. The person in-charge of the keys to the storage for firefighting equipment,
the emergency gates and gates of the different cells/brigades, should distribute the keys to the responsible
personnel concerned.
v. The fire crew shall immediately respond to the scene to put out the fire while the other prison personnel shall
station themselves according to the plan. vi. All inmates in the affected area shall be required to help in putting
out the fire. vii. If there is a need to evacuate government records, supplies and equipment, they should be
evacuated to a safe place according to priority and placed under proper guard. viii. If there is a need to
evacuate the inmates, they shall be evacuated in an orderly manner, using secure motor vehicles, if any or by
any other means that will bring them to pre-arranged buildings or detention centers for their confinement. If the
inmates are evacuated outside the prison, they shall be secured by handcuffs or other instruments of restraint.
ix. When the all clear alarm is sounded, first aid shall be administered to the injured inmates and a physical
count of inmates shall be made. Security check of the prison to determine the extent of the damage shall also
be done.
x. If the security conditions allow, the evacuated inmates shall be returned to the prison. Otherwise, they
shall be retained in the detention place where they were evacuated or transferred to another penal
establishment as the Governor may decide.
xi. A thorough investigation of the causes of the fire shall be conducted by the Superintendent and the
report thereon submitted to the Governor and the local Fire Department.

A Self-regulated Learning Module 74


SECTION 8. Fire prevention. — To prevent the occurrence of fire and to minimize its effects if such has
occurred, the following rules shall be followed:
a. Inmates shall be cautioned against the hazards caused by the careless handling of lit cigarettes,
inflammable materials, fuel, welding equipment, etc.
b. Fire extinguishers shall be placed in close proximity to all housing units and located in strategic places in
buildings, and work areas.
c. Empty drums and cans shall be filled with water/sand and placed in strategic places for ready use.
d. Keys to emergency exits, cells, brigades and storage places of firefighting equipment shall have distinct
markings or tags, marked and shall be accessible to the guards on duty.
e. Portable floodlights shall, when available, be placed in the Control Center in case of nocturnal fires.
f. Government equipment shall be marked with tags or symbols for easy identification and priority evacuation
in case of a fire or other emergency.

SECTION 9. Contingency plan. — In any major prison disturbance, the Superintendent shall personally take
immediate control and implement a standing contingency plan to repel the aggression and stabilize the
situation. Drills shall be conducted from time to time to familiarize personnel with their duties under said
plan.

PART V - ESCORT PROCEDURES


SECTION 1. Primary duties of escort guards. — Escort guards shall exercise extreme caution at all times and
shall to see to it that the inmate does not — a. Escape;
b. Converse with unauthorized persons;
c. Obtain forbidden articles, especially intoxicants or weapons;
d. Annoy passersby; and
e. Suffer harm or humiliation.

SECTION 2. Distance of guard from inmates. — If escorting a group of inmates, a guard shall keep a distance
of not less than ten (10) paces from his charge. Upon arrival at the destination, he shall station himself at a
vantage point where all the inmates are within sight and can be properly controlled.
When on board a ship or boat, the group of inmates shall be positioned in the most secure part of the vessel
and shall be required to sit down. The guard shall station himself at strategic points where they can effectively
respond. An inmate shall not be allowed to stand up or move about until the vessel is ready to dock, except
when the guard needs to have a clear view of the port and starboard passages.

SECTION 3. Basic escort procedures. — An escort guard shall strictly observe the instructions written at the
back of the inmate's pass and the purpose and destination of the escort mission. These include, but not are
limited, to the following:
a. While in transit, the inmate shall not be allowed to stop at any place or contact any person until the
destination is reached.
b. The inmate shall at all times be placed under proper restraint e.g. handcuffs. However, the same shall be
removed when the inmate enters the courtroom.
c. The inmate shall be returned to the prison facility immediately after the purpose of the pass has been
served.
d. The use of a privately-owned vehicle in transporting an inmate is prohibited.

SECTION 4. Escort procedures for court appearance. — In escort duties for court hearing, the Superintendent
shall provide at least two (2) guards for every inmate. However, when two or more inmates are to be escorted,
the number of guards may be reduced proportionately without sacrificing security requirements. If an inmate is
notorious or has a previous record of escape, additional escort guards shall be assigned.

A Self-regulated Learning Module 75


SECTION 5. Appearance in Metro Manila Courts. — In conducting NBP or CIW inmates for appearance in
Metro Manila courts, the escort detail shall be headed by a supervising guard or by a senior officer. If the court
concerned is in the suburbs of Metro Manila e.g., Cavite, Bulacan, Rizal, Laguna and Batangas, the escorts
shall return their wards to the NBP or CIW immediately after the hearing.

SECTION 6. Turnover of inmate to local jail. — A guard assigned to escort an inmate for court hearings who
cannot return to the prison of origin on the same day shall request the court to issue an order turning over the
inmate to the nearest provincial/city jail or police detention cell. The escort guard shall not stay in a private
dwelling or hotel with the inmate.

SECTION 7. Acknowledgment of turnover of inmate. — Upon turning the inmate over to an authorized officer
at the destination, the escort-in-charge shall secure an acknowledgment receipt for the custody of the inmate.
This shall clearly bear the name of the receiving officer, his designation and the date and time the inmate was
received.
SECTION 8. Postponement/resetting of hearing. — After the hearing or if the scheduled hearing is
postponed/reset to another date, the inmate shall be returned to the prison of origin without delay. If feasible,
the escort-in-charge shall secure from the court an order committing the inmate to the provincial/city jail or
other detention center.

SECTION 9. Procedure if escort guard becomes sick. — If the escort guard becomes sick, he shall notify the
Superintendent of the prison of origin thereof by the fastest means available so that a replacement can be
sent to continue the mission.

SECTION 10. Fake or spurious subpoena. — If the subpoena received by the prison turns out to be spurious,
or if, in spite of a valid subpoena, the scheduled trial is not held, the inmate shall be immediately returned to
the prison of origin. The escort-in-charge shall submit a written report to the Superintendent on the matter.

SECTION 11. Certificate of appearance. — Immediately after the trial but before leaving the court premises,
the escort-in-charge shall secure from the clerk of court a certificate or other proof of appearance.

SECTION 12. Procedure during outside movement of inmate. — The following security procedures shall be
observed during the outside movement of an inmate: a. Before departure from prison
i. The written mission order issued by the Superintendent, the mittimus and other prison records of the inmate
shall be given to the escort guards. In case of a detainee, the records shall include the written authorization
of the appellate or sentencing court for the outside movement of the detainee. ii. Whenever possible, the
transfer shall be effected during daylight hours. iii. The escort guards shall be given detailed instructions on
their duties and responsibilities, to include the instruction that they use the most direct travel route to their
authorized destination.
iv. The inmate shall be thoroughly searched for contraband or deadly weapons or objects which may be
used for escape or self-destruction.
v. Money found in the possession of the inmate shall be confiscated by the Desk Officer who shall issue a
receipt therefor and who shall return the money to the inmate upon his return. If the inmate is to be confined
and needs money for medicine or food, the money therefor shall be turned over under receipt to the escort
guard. All disbursements made by the escort guard shall be properly receipted for.
vi. The inmate shall be placed in handcuffs or other instrument of restraint. If there is more than one
inmate to be transferred, they shall be grouped in pairs and securely connected to one another by a rope,
ascertaining that the inmate does not have crippled, deformed or very small hands to allow him to slip the

A Self-regulated Learning Module 76


handcuffs off. vii. Handcuffs shall be properly adjusted for tightness before departure to avoid the need of
adjusting the same while in transit.
viii. The inmate shall stay inside the prison premises until the vehicle to be used in transporting him is ready for
boarding. The inmate shall board a motor vehicle ahead of the guard.

b. In Transit
i. The handcuffs or instruments of restraint shall not be removed while the inmates are in transit. An
inmate shall not be handcuffed to any part of the vehicle during transit to avoid his being trapped in case of a
vehicular accident.

ii. If it is necessary to board public transportation such as a ship or airplane, the guards shall position
themselves with their inmates in an area that is cleared of civilians or if this is not possible, shall sit/position
themselves between the civilians and the inmate/s.

iii. All inmates being escorted shall be under the supervision of a guard at all times, including going to the
toilet or washroom. The guard shall always be close enough to the inmate to respond to any untoward
incident. iv. If there is more than one inmate being escorted, there shall be a head count of the inmates every
turnover of guarding shift. The team leader of the escort guard detail shall conduct an inspection during all
guarding shifts.
v. An inmate shall not be allowed to tinker with his handcuffs or other instrument of restraint.
vi.A guard shall always walk behind and not in front of the inmate being escorted. vii. If armed, the guard
shall not sit, stand or walk beside the inmate, or in any case, allow the inmate to reach his firearm. viii. The
guard shall not pass any unauthorized place while in transit.

c. Arrival at Destination
i. Upon arrival at the authorized destination, the guards and their inmate/s shall stay in the public
transportation until the same is cleared of the other passengers. They shall only disembark after the inmate
and his personal belongings have been searched/inspected and the transportation that will bring them finally
to their final destination is ready for boarding.
ii. The handcuffs or instrument of restraint may be removed at the authorized destination if there is no
danger of escape. iii. The guard shall return the inmate to the prison of origin as soon as the purpose of the
outside movement has been served.

d. After-Mission Report — After completing the mission, the leader of the guard detail shall submit a written
report to the Superintendent, together with copies of the transmittal letter and certificate of appearance. In case
of an inmate being transferred to another prison or jail institution or competent authority, the responsibility for
said inmate shall remain with the custodian until formally received by another custodian.

SECTION 13. Other security procedures. — The following security procedures shall also be observed in case
of an inmate subject of a medical referral or who is allowed to view the remains of a deceased relative: a.
Medical Referrals
i. The inmate who is brought to an outside hospital for medical treatment/examination shall be provided
with at least two (2) escort guards and returned to the prison of origin during the daylight hours after the
treatment is completed. Upon said return, the Department shall be furnished copies of the inmate's medical
certificate, diagnosis and plan of management.
ii. If the inmate is to be confined in a hospital, the inmate may be handcuffed to the bed if he is
ambulatory and there is a risk that he may escape.

b. Viewing the Remains

A Self-regulated Learning Module 77


i. The inmate shall not be allowed more than three (3) hours from the time of arrival at the wake to the
time of departure from the place where the remains lie in state.
ii. The remains to be viewed must be in a place within a radius of thirty (30) kilometers from the place of
confinement. Where the distance is more than thirty (30) kilometers, the privilege may be enjoyed if the inmate
can leave and return to his place of confinement during the daylight hours of the same day.

SECTION 14. Outside work detail of medium security inmates. — In case a medium security inmate is detailed
to work outside the immediate vicinity of the prison compound, the following security procedures shall be
observed:
a. In no case shall an inmate be allowed to work outside the prison compound without an escort guard. b.
Security shall be on a one inmate to one guard ratio.
c. The inmate shall be bodily searched before and after his work detail.
PART VII - EXECUTION OF DEATH PENALTY
SECTION 1. Death penalty, how executed. — The death penalty shall be executed under the authority of the
Director by lethal injection. As used herein, lethal injection refers to sodium thiopenthotal, pancuronium
bromide, potassium chloride and such other lethal substances as may be specified by the Director that will be
administered intravenously into the body of a convict until said convict is pronounced dead.

SECTION 2. Policy. — In the execution of the death penalty, the Director shall endeavor so far as possible to
mitigate the suffering of the death convict during the actual execution as well as the proceedings prior thereto.
He shall take steps to ensure that the lethal injection to be administered is sufficient to cause the
instantaneous death of the convict.

SECTION 3. Services and privileges given to a death convict. — A death convict shall enjoy the same services
and privileges accorded to other convicts unless otherwise provided under this Manual.

SECTION 4. Holding cell. — Whenever practicable, the death convict shall, twelve (12) hours prior to the
scheduled time of execution, be confined in an individual cell in a maximum-security level facility. The convict
shall be provided therein with a bunk, a steel/wooden bed or mat, a pillow, a blanket and a mosquito net.

SECTION 5. Death watch. — Four (4) guards shall keep a close watch over a death convict confined in the
holding cell. Said guards shall keep a detailed logbook of their watch.

SECTION 6. Religious service. — Subject to security conditions, a death convict may be visited by a priest or
minister of his faith and given such available religious materials which he may require.

SECTION 7. Exercise. — A death convict shall be allowed to enjoy regular exercise periods under the
supervision of a prison guard.

SECTION 8. Meal services. — Meals shall, whenever practicable, be served individually to death convicts
inside the cells. Mess utensils shall be made of plastic. After each meal, the utensils shall be collected and
accounted.

SECTION 9. Visitation. — A death convict shall be allowed to be visited by his immediate family and reputable
friends at regular intervals and during designated hours subject to security procedures. Subject to the approval
of the Superintendent, a death convict shall, seven (7) days before the scheduled date of execution, be
allowed daily visits by his authorized visitors and his attorney of record. After the death convict is moved to the
holding cell, he may only be visited by members of the clergy and other individuals granted visiting privileges
by the Director.

A Self-regulated Learning Module 78


SECTION 10. Telephone privileges. — The death convict shall not enjoy telephone privileges after his transfer
to the holding cell. The Director may give the convict said privilege in meritorious cases.

SECTION 11. Log book for mail of death convict. — Thirty (30) days prior to the execution date, the
Superintendent shall instruct the mail room officer to forward all the incoming mail of the death convict to the
Commander of the Guards for censorship. A separate log book shall also be kept for mail matters of the death
convict, noting therein the date and time of their receipt and disposition.

SECTION 12. Notification and execution of the sentence and assistance to the convict. — The court shall
designate a working day for the execution of the death penalty but not the hour thereof. Such designation shall
only be communicated to the convict after sunrise of the day of the execution, and the execution shall not take
place until after the expiration of at least eight (8) hours following the notification, but before sunset. During the
interval between the notification and execution, the convict shall, as far as possible, be furnished such
assistance as he may request in order to be attended in his last moments by a priest or minister of the religion
he professes and to

consult his lawyers, as well as in order to make a will and confer with members of his family or of persons in
charge of the management of his business, of the administration of his property, or of the care of his
descendants.

SECTION 13. Suspension of execution of the death sentence. — Execution by lethal injection shall not be
inflicted upon a woman within one year after delivery, nor upon any person over seventy (70) years of age. In
this last case, the death sentence shall be commuted to the penalty of reclusion perpetua with the accessory
penalty provided in article 40 of the Revised Penal Code.

SECTION 14. Place of execution. — The execution by lethal injection shall take place in the prison
establishment and space thereat as may be designated by the Director. Said place shall be closed to public
view.

SECTION 15. Execution procedure. — Details of the procedure prior to, during and after administering the
lethal injection shall be set forth in a manual to be prepared by the Director and submitted to the Secretary for
review and approval. The manual shall contain details of, among others, the sequence of events before and
after the execution; procedures in setting up the intravenous line; the administration of the lethal drugs; the
pronouncement of death; and the removal of the intravenous system.

SECTION 16. Quantity and safekeeping of drugs purchased. — The exact quantities of the drugs needed for
an execution of a death penalty shall be purchased by the Director pursuant to existing rules and regulations
not earlier than ten (10) days before the scheduled date of execution. The drugs shall be kept securely at the
office of the Superintendent of the prison where the death sentence is to be executed. All unused drugs shall
be inventoried and disposed of properly under the direct supervision of the Director.

SECTION 17. Administering of lethal drugs. — The injection of the lethal drugs to a death convict shall be
made by a person designated by the Director.

SECTION 18. Identity of relatives of death convict and of person administering lethal injection. — The identity
of the relatives of the death convict and the person who were designated to administer the lethal injection shall
be kept secret.

A Self-regulated Learning Module 79


SECTION 19. Persons who may witness execution. — The execution of a death convict shall be witnessed by
the priest or minister assisting the offender, his lawyers of record not exceeding two (2) in number, by his
relatives, not exceeding four, if the convict so desires, by the prison physician and necessary prison personnel,
and by such persons as the Director may authorize which may include the — a. Chief Justice of the Supreme
Court or his representative;
b. Secretary of Justice or his representative;
c. Superintendent;
d. Chief, NBP Hospital;
e. Chairmen of the House and Senate Committees on Crime or their representatives;
f. Chairmen of the House and Senate Committees on Peace and Order or their representatives.
g. Undersecretary of Justice in-charge of corrections.
h. Chairman, Commission on Human Rights or his representative.
i. Police chief of the locality where the crime was committed.
j. Ten (10) media witnesses.
A person below eighteen (18) years of age shall not be allowed to witness an execution.
SECTION 20. Selection and composition of media witnesses. — The media witnesses shall be selected from
among those present two (2) hours before the scheduled execution and shall be drawn from the following
sectors:
a. two (2) from newsprint (broadsheet);
b. two (2) from newsprint (tabloid);
c. two (2) from TV;
d. two (2) from radio; and
e. two (2) from foreign press.

SECTION 21. Expulsion of witness. — Any person who makes unnecessary noise or displays rude or improper
behavior during an execution shall be expelled from the lethal injection chamber.

SECTION 22. Non-recording of execution. — The Director shall not allow the visual, sound or other recording
of the actual execution by media or by any private person or group.

SECTION 23. Time for burial. — The burial of a death convict shall be held immediately after execution in a
common graveyard for inmates. In case the cadaver of the convict is claimed by his relatives, his burial shall
held not later than three (3) days after his body was released.

A Self-regulated Learning Module 80


CHAPTER 3:
Activity 3

Discussion.

1. Discuss what is Inmate Interview (5pts)

2. Discuss is Rehabilitation and treatment program(5pts)

A Self-regulated Learning Module 81


3. What are the Inmates services and discuss? (10pts)

CHAPTER 4: Re-integration Programs of the PDL’s of the BJMP,


Provincial Jails, Bucor, and other Similar Facilities

Objectives:

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


1. Discuss the important terms Re-integration Programs of the PDL’s of the BJMP, Provincial Jails, Bucor, and
other Similar Facilities
2. Define and explain Re-integration Programs of the PDL’s of the BJMP, Provincial Jails, Bucor.

Orientation of Inmate to Jail rules and policies


•Appraise the detainee, preferably in the dialect which he/she understands, that under Article 29 of the Revised
Penal Code, as amended by R.A. 6127, that his her preventive imprisonment shall be credited in the service of
his/her sentence, consisting of deprivation of liberty for the whole period he/she is detained if he/she agrees
voluntarily in writing to abide by the same disciplinary rules imposed upon convicted prisoners; Provided, that
he/she is not a recidivist, or has not been previously convicted twice or more times of any crime; and when,
upon being summoned for the execution of his/her sentence, he/she surrendered voluntarily.

What is preventive imprisonment?


Preventive imprisonment is imposed upon a person before he/she is convicted, if he/ she cannot
afford bail, or if his/her criminal case is non-bailable. The Revised Penal Code provides that one must

A Self-regulated Learning Module 82


voluntarily submit, in writing, to abide by the same disciplinary rules as those imposed upon convicted
prisoners.
What is preventive imprisonment under Batas Pambansa 85?
Batas Pambansa Blg. 85. "If the detention prisoner does not agree to abide by the same disciplinary
rules imposed upon convicted prisoners, he shall be credited in the service of his sentence with
fourfifths of the time during which he has undergone preventive imprisonment.
What is the effect of preventive imprisonment under art 29?
"Whenever an accused has undergone preventive imprisonment for a period equal to the possible
maximum imprisonment of the offense charged to which he may be sentenced and his case is not yet
terminated, he shall be released immediately without prejudice to the continuation of the trial thereof
or the proceeding on

What are the exceptions to the rule on preventive imprisonment?


It provides guidelines on how a preventive imprisonment period can be deducted from jail time.
Section 1 says that “recidivists, habitual delinquents, escapees and persons charged with heinous
crimes are excluded from the coverage of this Act.

How preventive imprisonment can be applied under RA 10592?


"Whenever an accused has undergone preventive imprisonment for a period equal to the possible
maximum imprisonment of the offense charged to which he may be sentenced and his case is not yet
terminated, he shall be released immediately without prejudice to the continuation of the trial thereof
or the proceeding on.

RA 10592: Approved: MAY 29, 2013


-An act amending the revised penal code.
"ART. 29. Period of preventive imprisonment deducted from term of imprisonment. – Offenders or accused
who have undergone preventive imprisonment shall be credited in the service of their sentence consisting of
deprivation of liberty, with the full time during which they have undergone preventive imprisonment if the
detention prisoner agrees voluntarily in writing after being informed of the effects thereof and with the
assistance of counsel to abide by the same disciplinary rules imposed upon convicted prisoners, except in the
following cases:

"1. When they are recidivists, or have been convicted previously twice or more times of any crime; and

"2. When upon being summoned for the execution of their sentence they have failed to surrender voluntarily.

"If the detention prisoner does not agree to abide by the same disciplinary rules imposed upon convicted
prisoners, he shall do so in writing with the assistance of a counsel and shall be credited in the service of his
sentence with four-fifths of the time during which he has undergone preventive imprisonment.

"Credit for preventive imprisonment for the penalty of reclusion perpetua shall be deducted from thirty (30)
years.

A Self-regulated Learning Module 83


"Whenever an accused has undergone preventive imprisonment for a period equal to the possible maximum
imprisonment of the offense charged to which he may be sentenced and his case is not yet terminated, he
shall be released immediately without prejudice to the continuation of the trial thereof or the proceeding on
appeal, if the same is under review. Computation of preventive imprisonment for purposes of immediate
release under this paragraph shall be the actual period of detention with good conduct time allowance:
Provided, however, That if the accused is absent without justifiable cause at any stage of the trial, the court
may motu proprio order the rearrest of the accused: Provided, finally, That recidivists, habitual delinquents,
escapees and persons charged with heinous crimes are excluded from the coverage of this Act. In case the
maximum penalty to which the accused may be sentenced is destierro, he shall be released after thirty (30)
days of preventive imprisonment."

"ART. 94. Partial extinction of criminal liability. – Criminal liability is extinguished partially:
"1. By conditional pardon.
"2. By commutation of the sentence; and
"3. For good conduct allowances which the culprit may earn while he is undergoing preventive imprisonment or
serving his sentence."

"ART. 97. Allowance for good conduct. – The good conduct of any offender qualified for credit for
preventive imprisonment pursuant to Article 29 of this Code, or of any convicted prisoner in any penal
institution, rehabilitation or detention center or any other local jail shall entitle him to the following
deductions from the period of his sentence:
"1. During the first two years of imprisonment, he shall be allowed a deduction of twenty days for each
month of good behavior during detention.
"2. During the third to the fifth year, inclusive, of his imprisonment, he shall be allowed a reduction of
twenty-three days for each month of good behavior during detention.
"3. During the following years until the tenth year, inclusive, of his imprisonment, he shall be allowed a
deduction of twenty-five days for each month of good behavior during detention.
"4. During the eleventh and successive years of his imprisonment, he shall be allowed a deduction of
thirty days for each month of good behavior during detention: and
"5. At any time during the period of imprisonment, he shall be allowed another deduction of fifteen
days, in addition to numbers one to four hereof, for each month of study, teaching or mentoring
service time rendered.
"An appeal by the accused shall not deprive him of entitlement to the above allowances for good conduct."

"ART. 98. Special time allowance for loyalty. – A deduction of one fifth of the period of his sentence shall be
granted to any prisoner who, having evaded his preventive imprisonment or the service of his sentence under
the circumstances mentioned in Article 158 of this Code, gives himself up to the authorities within 48 hours
following the issuance of a proclamation announcing the passing away of the calamity or catastrophe referred
to in said article. A deduction of two-fifths of the period of his sentence shall be granted in case said prisoner
chose to stay in the place of his confinement notwithstanding the existence of a calamity or catastrophe
enumerated in Article 158 of this Code.

"This Article shall apply to any prisoner whether undergoing preventive imprisonment or serving sentence."

A. PROBATION
PROBATION
• A term coined by John Augustus

A Self-regulated Learning Module 84


• from the Latin verb "probare" – which means to prove or to test.
• Probation is a procedure under which the court releases a defendant found guilty of a crime without
imprisonment subject to the condition imposed by the court and subject to the supervision of the
probation service.
• Probation may be granted either through the withholding of sentence (suspension of imposition of a
sentence) or through imposition of sentence and stay or suspension of its execution. The former
generally considered more desirable.

PURPOSE OF PROBATION
The Wickersham Reports in 1931 (Report of the “National Commission of Law
Observance and Enforcement, “page 146 of Report No. 9) states the purpose of probation as follows:

1. Probation, like parole and imprisonment, has as its primary objective the protection of society
against crime. Its methods may differ, but its broader purpose must be to serve the great end of all
organized justice – the protection of the community… probation is an extension of the powers of the
court over the future behavior and destiny of the convicted person such as is not retained in other
dispositions of criminal case.

2. Probation ( there ) is the recognition that in certain types of behavior problems which come
before the courts confinement may be both an unnecessary and an inadequate means of dealing with
the individuals involved; unnecessary because in that particular case the end sought, i,e., the
protection of society, may be achieved without the cost of confinement, and inadequate because the
prison sentence may create difficulties and complications which will make more, rather than less,
doubtful the reinstatement of that particular individual as a law-abiding citizen. “

"ART. 99. Who grants time allowances. – Whenever lawfully justified, the Director of the Bureau of
Corrections, the Chief of the Bureau of Jail Management and Penology and/or the Warden of a
provincial, district, municipal or city jail shall grant allowances for good conduct. Such allowances
once granted shall not be revoked."

EXTINCTION OF CRIMINAL LIABILITY


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

TOTAL EXTINCTION OF CRIMINAL LIABILITY


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

2. By the death of the convict.


• If the offender died before final judgment its pecuniary or civil liabilities is extinguished. But if the
convict died after final judgment the pecuniary penalties or civil liabilities is not extinguished. If

A Self-regulated Learning Module 85


the offended party died it does not extinguish the civil and criminal liability of the offender due to
the reason that the offense is committed against the state.

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

4. BY Amnesty:
• Amnesty - It is an act of the sovereign power granting oblivion or a general pardon for a past
offense. And is rarely, if ever, exercised in favor of a single individual and is exerted in behalf of
certain classes of persons; who are subject to trial but have yet been convicted. However, amnesty
maybe granted after conviction. All its civil liabilities are being extinguished also.

5.Absolute Pardon
• It is an act grace proceeding from the power entrusted with the execution of the laws, which
exempts the individual on whom it is bestowed from the punishment, the law inflicts for the crime he
has committed.
• is one, which is given without any condition attached to it. The purposes of this kind of pardon
are:
1. To do away with the miscarriage of justice
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

B. Pardon
• Pardon includes any crime and is exercised individually by the Chief Executive/ President
• Pardon is exercised when the person is already convicted, or it is granted to one after conviction

LIMITATIONS OF THE PARDONING POWER


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

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

A Self-regulated Learning Module 86


CHAPTER 4:
Activity 4

Discussion:
1. What is RA 10592 and discuss? (10pts)

2. What is a Period of preventive imprisonment deducted from term of imprisonment? (5pts)

A Self-regulated Learning Module 87


3. What is Allowance for good conduct? (5pts)

CHAPTER 5: Rehabilitations Programs, Re-integration Programs


and Promotion of Human Rights Program among the P DL’s
across all institution through Community Service Act.

OBJECTIVES:
At the end of the module, the learners shall be able to:
1. Understand the Rehabilitations Programs, Re-integration Programs and Promotion of Human Rights
Program among the PDL’s across all institution through Community Service Act.
2. Define and explain therapeutic modalities in the country.

BJMP PROGRAMS
1. Major Programs
There are four (4) major programs under the mandate of BJMP and they are the following: a.
Inmates’ custody, security, and control program.
b. Inmates’ welfare and development program.

A Self-regulated Learning Module 88


c. Decongestion program.
d. Good governance.

2. CORE PROGRAMS
a. Provisions of Basic Needs
b. Health service
c. Educational Program
d. Skills Training/ Enhancement Program
e. Livelihood Program
f. Behavioral Management/ Modification Program
g. Interfaith Program
h. Cultural and Sports Program
i. Paralegal Program
j. E-Dalaw

3. SUPPORT SERVICES
a. Human Rights Desks
b. Help Desk
c. Referrals for Aftercare

4. Special Program for Vulnerable Groups


a. Services for Pregnant PDL
b. Services for Senior Citizen PDL and PDL with Disabilities
c. Services for PDL with other Special Needs
d. Mental Health Services
e. Drug Counseling for PDL with Substance use Disorder

BUCOR REFORMATION PROGRAMS a.


WORK AND LIVELIHOOD

•The Bureau offers a variety of inmate work programs, from agricultural to industrial. The purpose of the
inmate work program is to keep the inmates busy, and to provide them money for their personal expenses
and their families as well as help them acquire livelihood skills, in order that they may become productive
citizens once they are released and assimilated back into the mainstream of society. b. HEALTHCARE
SERVICES

•Upon his initial commitment to the Reception and Diagnostic Center (RDC), the inmate’s medical history is
recorded and properly documented by the Medical Specialist. Medical information and mental status
examinations are given to ascertain his overall physical / mental fitness and whether he would be fit for
work. This forms part of the diagnostic process which will eventually determine the most appropriate
rehabilitation program for the inmate.
c. EDUCATION AND SKILLS TRAINING

• Rehabilitation can be facilitated by improving an inmate’s academic and job skills. Records show that many
prisoners are poorly educated. A majority are elementary school drop outs or have not even finished

A Self-regulated Learning Module 89


primary school. Prison education amounts to remedial schooling designed to prepare inmates to obtain
basic skills in reading, writing and mathematics. d. SPORTS AND RECREATION
• The inmates enjoy sunrise by participating in daily calisthenics. There are various
indoor and outdoor sports activities, programs, tournaments and leagues all year round, to include
basketball, volleyball, billiards, table tennis and chess. These sports competitions promote camaraderie
among inmates, good sportsmanship and teambuilding. The latest addition is the newly constructed indoor
sports center/gymnasium at the Maximum-Security Compound which boasts of competition-standard
flooring, sound system, locker rooms and bleachers.

e. MORAL AND SPIRITUAL PROGRAM


• Inmates enjoy freedom of religion. All inmates are free to observe the rituals of their faith, with orderly
conduct supervised by prison authorities. A religious guidance adviser or chaplain is assigned in every
prison and penal farm. The prison chaplain sets the stage for every regular spiritual activity. f.
THERAPEUTIC COMMUNITY
•The Therapeutic Community (TC) Program represents an effective, highly structured environment with
defined boundaries, both moral and ethical. The primary goal is to foster personal growth. This is
accomplished by re-shaping an individual’s behavior and attitudes through the inmates? community working
together to help themselves and each other, restoring self-confidence, and preparing them for their
reintegration 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
THERAPEUTIC MODALITIES: BACKGROUND
A 'therapeutic approach' is the lens through which a counsellor addresses their clients' problems. Broadly
speaking, the therapeutic approaches of counsellors fall into two categories: behavioural and
psychodynamic. Behavioural approaches are usually short-term and address your behaviour and thought
patterns.
The therapeutic community (TC) is an intensive and comprehensive treatment model developed for use with
adults that has been modified successfully to treat adolescents with substance use disorders. TCs for the
treatment of addiction originated in 1958, a time when other systems of therapy, such as psychiatry and
general medicine, were not successful in treating alcohol or substance use disorders. The first TC for
substance users (Synanon) was founded in California by Chuck Dederich, one of the earliest members of
Alcoholics Anonymous (AA), who wanted to provide a controlled (substance-free) environment in which alcohol
and substance users could rebuild their lives, using the principles of AA along with a social learning model (De
Leon, 1995a).
The core goal of TCs has always been to promote a more holistic lifestyle and to identify areas for change
such as negative personal behaviors--social, psychological, and emotional--that can lead to substance use.
Residents make these changes by learning from fellow residents, staff members, and other figures of authority.
In the earliest TCs, punishments, contracts, and extreme peer pressure were commonly used. Partly because
of these methods, TCs had difficulty winning acceptance by professional communities. They are now an
accepted modality in the mainstream treatment community. The use of punishments, contracts, and similar
tools have been greatly modified, although peer pressure has remained an integral and important therapeutic
technique.

A Self-regulated Learning Module 90


Originally, the large majority of residents served by TCs were male heroin addicts who entered 18- to 24-month
residential programs. By the mid-1970s, a more diverse clientele was entering treatment; 45 percent used
heroin alone or in combination with other substances, and most were primarily involved with a range of
substances other than heroin, such as amphetamines, marijuana, PCP, sedatives, and hallucinogens. By the
1980s, the large majority of those entering treatment in TCs had primarily crack or cocaine problems. The
percentage of women entering treatment grew, and they presented with different problems, including extremely
dysfunctional lives and more psychopathology. Although several adolescent TCs have been in operation since
the late 1960s, increasing numbers of younger people sought treatment during the 1980s, and many
previously all-adult communities began admitting adolescents. With the inclusion of youths in these adult TCs,
education and family services were added as important program components.
The TC model has been modified over time to include a variety of additional services not provided in the early
years, including various types of medical and mental health services, family therapy and education, and
educational and vocational services. In the beginning, nearly all staff members were paraprofessionals
recovering from addiction; over the years, increasing numbers and types of professionally trained specialists
have been employed by TCs and are now serving in staff or consultant positions
The Generic TC Model
As a social-psychological form of treatment for addictions and related problems, the TC has been typically
used in the United States to treat youth with the severest problems and for whom long-term care is indicated.
TCs have two unique characteristics:
• The use of the community itself as therapist and teacher in the treatment process
• A highly structured, well-defined, and continuous process of self-reliant program operation
The community includes the social environment, peers, and staff role models. Treatment is guided by the
substance use disorder, the person, recovery, and right living (De Leon 1995a).
Right living emphasizes living in the present, with explicit values that guide individuals in relating to
themselves, peers, significant others, and the larger society. Recovery is seen as changing negative patterns
of behavior, thinking, and feeling that predispose one to substance use and developing a responsible
substance-free lifestyle. It is a developmental process in which residents develop the motivation and know-how
to change their behavior through self-help, mutual self-help, and social learning.
The theoretical framework for the TC model considers substance use a symptom of much broader problems
and, in a residential setting, uses a holistic treatment approach that has an impact on every aspect of a
resident's life. Residents are distinguished along dimensions of psychological dysfunction and social deficits.
The community provides habilitation, in which some TC residents develop socially productive lifestyles for the
first time in their lives, and rehabilitation, in which other residents are helped to return to a previously known
and practiced or rejected healthy lifestyle (De Leon, 1994). A primary distinction between the TC approach and
12-Step-based programs is the belief that the individual is responsible both for his addiction and for his
recovery. Where AA says "let go, let God," TCs take the view that "you got yourself here, now you have to get
yourself out with the help of others."
Traditionally in the TC, job functions, chores, and other facility management responsibilities that help maintain
the daily operations of the TC have been used as a vehicle for teaching self-development. Remaining
physically separated from external influences strengthens the sense of community that is integral to the
residential setting. Activities are performed collectively, except for individual counseling. Peers are role models,
and staff members are rational authorities, facilitators, and guides in the self-help method. The day is highly
structured, with time allocated for chores and other responsibilities, group activities, seminars, meals, and

A Self-regulated Learning Module 91


formal and informal interaction with peers and staff members. The use of the community as therapist and
teacher results in multiple interventions that occur in all these activities.
Treatment is ordinarily provided within a 24-hour, 7-days-per-week highly structured plan of activities and
responsibilities. Although recommended treatment tenures have generally shortened in recent years,
averaging around 1 year, they may last as long as 18 months. The full-time approach is part of the ecological
point of view held by proponents and leaders of TCs. The program is conducted in three stages: induction,
primary treatment, and preparation for separation from the TC (De Leon, 1994).
Like many other substance use disorder treatment providers in today's health care market, TC personnel are
committed to providing services to residents in shorter periods of time and with decreased resources than was
the case in previous years. Modifications of the traditional residential model and its adaptation for special
populations and settings are redefining the TC modality within mainstream and mental health services. Two
new strategies have recently been suggested: focusing goals on moving the resident to the next stage of
recovery in another, less expensive setting, or expanding aftercare opportunities in residential and day
treatment programs following TC treatment (De Leon 1995a, 1995b; Rosenthal et al., 1971).
ADOLESCENTS IN TCS
Jainchill and others have pointed out that only recently has cross-site information describing adolescents who
enter TCs been compiled (Jainchill, 1997). One exception was the Drug Abuse Reporting Program (DARP),
which in the 1960s and 1970s found that almost one-third of the TC sample was younger than 20 years old.
(DARP was the nation's first comprehensive multimodality study of the treatment industry.) Those teenage TC
residents typically were white males who used opioids (Rush, 1979). Data are sparse after the 1970s.
However, new data reveal that adolescents make up 20 to 25 percent of the residents in TCs. Some 80,000
clients were admitted to TCs in 1994 (De Leon, 1995b).
Resident Characteristics
Adolescents who enter TCs tend to have serious substance use and behavioral problems that render them
dysfunctional in many arenas (Jainchill, 1997). Common problems are truancy, conduct disorders, poor school
performance, attention deficit/hyperactivity disorder (AD/HD), learning disabilities, and problems relating to
authority figures. In terms of substance use history, adolescents entering TCs have begun substance use at an
earlier age and have greater involvement with alcohol and marijuana and less use of opiates compared with
adults.
Many youths in TCs have been referred by the juvenile justice system, family court, or child welfare (social
service) systems and reflect an early involvement with illegal activities and family dysfunction. Conduct
disorders and juvenile delinquency are common. In fact, some TCs are operated by criminal justice institutions,
such as correctional agencies, and may be structured as minimum-security correctional facilities.
Less frequently, adolescents enter the TC under parental pressure. Thus, extrinsic pressures are usually
required to coerce the adolescent into treatment and to keep her there. It is not uncommon for such
residents to have little motivation to change their behavior.
Most adolescent residents are males mandated by the court, and problems of social deviance are
commonplace. Because adolescent females commit fewer crimes and less violent ones than do adolescent
males (Jainchill et al., 1995), they are not often mandated to a TC, although they may be brought to treatment
by a family court. However, even those adolescent females with the same range and type of problems as the
males generally do not enter TCs. One of the questions facing the TC movement is how to create and conduct
effective outreach for adolescent females who need treatment. Very often, when females do enter TCs, their

A Self-regulated Learning Module 92


problems are found to be more severe than the problems of most of the males. When females are enrolled in
the TC, sleeping quarters are separate but activities are very often coed (Jainchill et al., 1995).
Both adults and adolescents in TCs share many problems. There is little difference between the social histories
of adult and adolescent users in residential treatment concerning onset and pattern of substance use,
academic performance, and juvenile delinquency (De Leon, 1988).
A core feature of TC treatment for adults and adolescents alike is that the community serves as the primary
therapist--treatment is a community process, and it is not possible to identify a single individual as therapist.
Although adolescents often have a primary counselor with whom they work individually, everyone in the
community, including the adolescents themselves, has responsibility as a therapist and teacher. Peer-group
meetings led by an adolescent with a staff facilitator are common.
The community's role is critical to the client's habilitation and rehabilitation. For the adolescent, the community
may be even more crucial than for adults because the TC functions as the family. This is a significant function
because many youths in TCs come from dysfunctional families. Being a member of the TC community gives
them an opportunity to experience and learn how to have and maintain positive relationships with authorities,
parents, siblings, and peers. Nearly all activities, even housekeeping responsibilities, are considered part of
the therapeutic process. It is precisely because adolescent residents usually come from environments without
structure, routine, rules, or regulations that the TC is ideally suited to providing their treatment.
Modifications that are generally made in the TC model for treatment of adolescents are summarized as follows:
• The duration of stay is shorter than for adults.
• Treatment stages reflect progress along behavioral, emotional, and developmental dimensions.
• Adolescent programs are generally less confrontational than adult programs.
• Adolescents have less say in the management of the program.
• Staff members provide more supervision and evaluation than they do in adult programs.
• Neurological impairments, particularly learning disabilities and related disorders (e.g., AD/HD), are assessed.
• There is less emphasis on work and more emphasis on education, including actual schoolwork, in the
adolescent program.
• Family involvement is enhanced and ideally should be staged, beginning with orientation and education, then
moving to support groups, therapy groups, and therapy with the adolescent. When parental support is
nonexistent, probation officers, social workers, or other supportive adults in the youth's life can participate in
therapy.
Additional modifications are made depending on the specific needs of the program's referral and funding
sources (Rockholz, 1989). For example, some programs primarily serve protective services cases (e.g., abuse
and neglect, homelessness) involving adolescents who often present with psychiatric needs that require
medication. Others serve juvenile and criminal justice system-involved youths with behavioral disorders, who
require anger management programming and who respond better to more traditional confrontation techniques.
Still others operate college preparatory TCs, without the use of psychotropic medications, for emotionally
troubled, upper-middle class youths.
Duration of Stay
In the past, TCs for adolescents were entirely residential programs lasting 18 months to 2 years--the time
required for behavior change to be internalized and practiced by the adolescent. The conservative funding

A Self-regulated Learning Module 93


policies that typify the 1990s have introduced complex issues for residential TCs because success in treatment
is correlated positively with extended stay in the program. As with so many other issues in substance use
disorder treatment today, final decisions often have to be based more on financial considerations than on
therapeutic need, with the result that most programs can plan only for a course of treatment that lasts 6 to 12
months. A few programs are attempting to provide TC treatment in 6 months; this is a radical move. Clinical
wisdom suggests that the ideal duration of treatment for adolescents in a TC is 12 to 18 months and that
adolescents with very deep and complicated disorders cannot be treated effectively in 28 days. However, no
research is available to compare treatment success in 28-day programs with treatment in the longer stay
programs.
Staffing
Originally, only persons in recovery staffed TCs, and TC directors and staff were opposed to therapy by
psychologists, psychiatrists, and other mental health personnel such as social workers or family counselors.
TCs are now integrating the services of professionals with training in some area of mental health, and there is
recognition that individual counseling can complement the group approach, which was the mainstay of
treatment during the first two decades of TCs.
TC staffs today are a mixture of nondegreed frontline counselors and degreed professionals. The counselors
who do not have degrees typically facilitate the daily TC activities and serve as role models for successful
recovery; the degreed staff includes vocational counselors, nurses, psychologists, social workers, and
substance abuse counselors.
Having an on-site nursing staff is important to monitor medications, provide health education, and provide
cross-training for the counselors, particularly regarding the symptomatology of addiction. Teachers in a TC
program for adolescents must understand substance use disorders among youths from disadvantaged families
with severe dysfunction. Cross-training for the teachers is also important. It is essential that the counselor meet
at least weekly with the teacher(s) to integrate schooling into the program. Psychiatrists are often involved
because of the common presence of disorders such as depression or AD/HD. Pharmacological agents for
coexisting disorders are now permitted and are used widely by some TCs serving adolescents with coexisting
mental disorders.
Depending on the size and staffing of the TC, there will be some combination of administrative, legal, dietary,
and maintenance staff. The people in these categories are often considered integral to the clinical process. For
example, office personnel may actually have some clinical input in terms of hands-on management of a
resident who has a job function under their supervision. It is essential that all employees who have any direct
or indirect dealings with residents receive training that gives them a thorough understanding of the TC concept
and its bearing on their specific duties. Protocol
Most programs are designed so residents can progress through phases as they advance through treatment.
Tied to the phases are increased responsibilities and privileges. One cannot advance to the next higher level
until he demonstrates responsibility, self-awareness, and consideration for others (De Leon, 1995a). By
moving through these structured phases, the adolescent acquires and benefits from psychological and social
learning before proceeding to the next stage. Each stage prepares the resident for the next. After becoming a
responsible member of the treatment community, the adolescent can move on to the outside community. In
adult TCs, residents advance through developmental stages to a level of authority in which they become
responsible for the TC's operation. However, this is not appropriate for adolescents, for whom the staff plays
the role of effective parents.
Creating a Safe Environment
Part of the ecological approach to treatment in the TC is the creation of a safe and nurturing environment,
within which adolescents can begin to experience healthy living. It is important for the staff of the TC to

A Self-regulated Learning Module 94


understand what type of home, neighborhood, and social environment from which each adolescent comes.
Many adolescents enrolled in the TC come from unsafe physical and psychological environments; the
characteristics of the home and neighborhood do not facilitate healthy living, and many risk factors may be
environmental. For example, many of these adolescents are third-generation substance users who have grown
up in an environment where substance use is an everyday activity. Often, physical or psychological violence
accompanies the addictive practices, and children and adolescents may be physically and psychologically
damaged.
Essential to creating a safe environment is the TC's strict adherence to "cardinal rules" that, at a minimum,
prohibit substance use or possession, physical threats or violence, or sexual contact. It is also essential that
the environment be psychologically safe by ensuring, for example, that adolescents are not verbally attacked
and that they feel comfortable enough to disclose even the most sensitive of events (and associated feelings),
such as sexual abuse.

Groups in the TC for Adolescents


Various types of counseling groups are provided in the TC. Groups constitute an important therapeutic
technique, as they have since the earliest TCs were established. Typically, everyone attends at least one
group session a day.
Today's TCs generally do not use the grueling encounter groups and all-night "marathons" of their earlier
counterparts, but modified encounter groups still are common. Some programs have begun to move away
from encounter groups and have included 12-Step work, as in the 12-Step model of treatment. Techniques
such as confrontation, designed to help adolescents recognize and acknowledge their feelings and learn to
accept personal and social responsibility, can be counterproductive by raising clients' defensiveness. Group
meetings at advanced stages of the program are composed of peers, whereas other groups for adolescents
are led by qualified counselors or therapists. Many of the TC programs for adolescents use a cognitive
restructuring approach to change adolescents' thinking and to redirect the focus of their attention to healthier
behavior.
There are various types of groups that deal with physical and sexual abuse, although it is very difficult to get
adolescents to acknowledge that they have experienced abuse. Skill groups also exist in adolescent TCs to
enhance existing skills or build new ones.
Education
Enabling residents to receive a good education and at least complete high school are critical goals for
adolescent TCs. Comprehensive TCs provide their own schools, licensed as required, with full-time, salaried,
or local educational agency-provided teachers. Others have a teacher who comes in part time to conduct
classes. All teachers must be State-certified to provide special education or education in their specific subject
area. Residents must receive a minimum of 5 hours of academic instruction per school day. It is critical that
educational services be fully integrated into the TC program and that they be consistent with the TC process.
Teaching staff should be active in the treatment planning process, and behavioral management programming
should be integrated into the "house" procedures.
Because schooling replaces most of the work responsibilities common in adult TCs, the adolescent's workload
is not as heavy as that of the adult. Each resident has assigned job responsibilities in the evening and on
weekends, such as preparing dinner, washing dishes, mopping, dusting--the important tedium of sober life.

A Self-regulated Learning Module 95


After dinner, there is study time and a group meeting. Lights-out is monitored at a specific time, such as 10:30
p.m.
Recreation
Recreational activities are important for teenagers in TCs who need help in learning to enjoy themselves and
others without using substances. These activities help overcome boredom, a key problem with adolescents.
Physical activities, such as outdoor sports, are necessary but difficult to provide in winter, particularly in
programs that are housed in a limited amount of space. Some TCs have incorporated relationships with local
public facilities or programs such as Outward Bound.
Aftercare
During the first two decades of the TC, residents spent 18 to 24 months in treatment and were essentially
considered to be "cured" and not in need of formal aftercare services. As the average length of stay
decreased, however, it became necessary to return adolescents to their families or independent living
situations with continuing treatment needs. Others required halfway houses, which were, and continue to be,
scarce. In most cases today, adolescents are referred to outpatient programs, especially for continued family
therapy. Some are served through alumni or other affiliated aftercare resources of TC agencies. Although
Alcoholics Anonymous (AA) and Narcotics Anonymous (NA) are minimally included in many adolescent and
adult TCs, most programs have experienced significant improvements in treatment outcomes when they
introduce residents to AA/NA during the reentry phase of treatment and strongly encourage them to use these
12-Step programs as valuable and effective aftercare supports. Evaluative work documenting significant
reductions in recidivism, substance use, and antisocial behavior through the use of dedicated TC residents in
the community for aftercare is just beginning to emerge, primarily from researchers dealing with adult prison
populations (Inciardi et al., 1997). Ideally, sophisticated satellite aftercare programs should be provided in the
communities where the residents live. For adolescents, aftercare programs should include a family therapy
component.
Involvement of the Adolescent's Family
In the early days of the adolescent TC, families were often viewed as the cause of the adolescent's problems
and were kept away from the adolescent. Families were usually only involved with occasional parent support
groups or Al-Anon and thus were kept away from their children. For cases in which the adolescent planned to
return home, parents were usually brought in for a conference or two shortly before the adolescent left
residence in the TC. In many cases, adolescents were older and tended to move out to independent living in
the community near the TC program--often with little or no family counseling.
Today, TCs often provide comprehensive family services programs, including such components as family
assessments, family counseling and therapy including multifamily groups, parent support groups, and family
education programs. Some TCs have well-established parent groups that provide program fundraising and
scholarship assistance initiatives. Regular visitation remains limited in most TCs to weekly or monthly open
houses and special events such as graduations.
The issues of accessibility and limited family supports are challenging to TCs, especially when they are located
away from families. Many families lack the transportation or interest to be involved in regular family
programming. In some cases, adolescents have no living parents or have a parent who is incarcerated. In
cases such as these, teleconferencing and family counseling with the individual are necessary alternatives.
Some programs develop agreements with other service providers where the family resides. These programs
can help with parenting skills training and can provide support and guidance on how to help the youth maintain
his recovery. The TC tends to provide a surrogate extended family for residents, which can provide a corrective
experience resulting in more positive self-identity. Ideally, staff members and the community as a whole

A Self-regulated Learning Module 96


provide effective reparenting through a balance of discipline without punishment or shaming, along with love
and concern without enabling.
Related to this is the issue of rural programs versus urban programs that are located closer to the homes of TC
residents. Proponents of city programs argue that it is unfair to take adolescents away from their families for
the duration of treatment. On the other hand, if the family is really dysfunctional, it is better to keep adolescents
away from their family. Locating the adolescent in a rural area away from the environment in which she was
involved with substances and away from her peers in that environment may strengthen the adolescent's
resistance upon return to that environment. There is disagreement on this matter, however; some authorities
believe there is no value in moving the adolescent to a rural area. Others take a middle ground by placing the
adolescent in a rural TC initially and then returning the youth to treatment in her original environment.
Special Issues of the Adolescent TC Resident
TC staff members must be prepared to deal with many special issues of adolescents that will come to the
fore in the treatment process. Three are particularly common and important: self-image, guilt, and sexuality
(De Leon, 1988; Jainchill, 1997).
Self-image
Adolescents are struggling to develop an identity, which is a critical and sometimes difficult task, even for those
leading ordinary lives without the types of problems experienced by an adolescent in the TC. They often select
images they want to assume, body postures, and an affected manner of speaking that may be inappropriate.
Their images may be embedded in street culture and gang affiliation. Staff members can work with them and
help them see how a healthy identity develops and is maintained; they are in a position to help the adolescent
avoid the acquisition of a negative self-image that can be destructive. Once this stage of understanding has
been reached, staff members can help adolescents develop self-monitoring methods to assess their own
images as well as images of others and to suggest changes in behaviors, dress, speech, or even posture,
when appropriate.
Guilt
Many experienced TC professionals view guilt as the fundamental feeling associated with self-defeating
behavior, including substance use and acting out against others (such as by stealing). They frequently say to
adolescents, "Guilt kills," which expresses their understanding that negative behavior produces guilt, which in
turn, results in more negative behavior to escape guilty feelings. Adolescents can benefit from help with
selfguilt (e.g., how their actions have hurt other people) and community guilt (e.g., breaking house rules or not
confronting negative behavior and attitudes of other residents).
TC staff members regularly address guilt in encounter groups, seminars, counseling, and even in special guilt
sessions, in which confession is the first step in counteracting the feeling of guilt. While it is necessary to
disclose the act itself, the root issue in these sessions is the concealment of that act, which the adolescent
must confess. Discussion of guilt is valuable for all adolescents, whether they are undergoing group,
community, or individual therapy (DeLeon, 1995a). It is of critical importance that the residents understand the
relationship between guilt and self-destructive behavior. Recognition and acceptance of the pain associated
with guilt is the first step to an experiential basis for new social learning. Finally, it is hoped that the resident will
understand that acknowledging past misdeeds can be a springboard for commitment to a changed future.
Sexuality
Sexuality, social behavior, and personal identity are interrelated in all human beings, but problems in these
areas are intensified during adolescence. Staff members will encounter problems related to sexual feelings,
sex roles, values, attitudes, and interpersonal relationships between the sexes. Some residents may be trying

A Self-regulated Learning Module 97


to cope with feelings related to sexual abuse. The adolescent must learn to manage strong sexual impulses.
Sexual adjustment of adolescents with substance use disorders is complicated by other problems such as the
lack of sex education at home or school or having poor role models. Altogether, there is a risk that the
adolescent will develop distortions in attitude, values, and self-perceptions regarding sex.
TC professionals can best deal with these problems through management and rules (e.g., rules against sexual
contact) and through providing sex education in seminars as well as dealing with sexual issues during
encounter groups, one-on-one counseling, and special sessions that are focused on problem solving. Boys'
and girls' living spaces should be separated. The longer term stay and increased contact make TCs a good
environment for counseling and education on HIV infection, AIDS, and safe sex; the TC can make a real
contribution to the young person's life by helping her understand and practice safe sex.
II. THERAPEUTIC MODATILITIES IN THE
PHILIPPINES a. PAROLE AND PROBATION
ADMINISTRATION

WHAT IS TC?
The Therapeutic Community (TC) is an environment that helps people get help while helping others. It is a
treatment environment: the interactions of its members are designed to be therapeutic within the context of the
norms that require for each to play the dual role of client-therapist. At a given moment, one may be in a client
role when receiving help or support from others because of a problem behavior or when experiencing distress.
At another time, the same person assumes a therapist role when assisting or supporting another person in
trouble.
HOW DOES TC 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 TC?
1. The primary “therapist” and teacher is the community itself, consisting of peers and staff, who, as role
models of 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 behavior 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 distinct categories of activity that help promote the change:
1. Relational/Behavior Management
2. Affective/Emotional/Psychological
3. Cognitive/Intellectual
4. Spiritual
5. Psychomotor/Vocational-Survival Skills

A Self-regulated Learning Module 98


These tools serve more than just the purpose of curbing unproductive behavior. They are also a means used
for enforcing community sanctions on behavior 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 behavior” 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 purview of TC’s Vocational and Survival Skills, so with
Medical/Dental Clinics and Environmental Conservation activities. In this aspect, the VPAs can facilitate job
placement and can tap community resources for clients social and physical 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?
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.
THERAPEUTIC COMMUNITY MODALITY AND RESTORATIVE JUSTICE
The success of the Therapeutic Community treatment model is also anchored on the implementation of
restorative justice. To highlight the principles of restorative justice, offenders are recognized to indemnify
victims and render community services to facilitate the healing of the broken relationship caused by offending
the concerned parties. Mediation and conferencing are also utilized in special cases to mend and/or restore
clients’ relationship with their victim and the community.
Considering that it is in the community that the rehabilitation of clients takes place, the utilization of therapeutic
community treatment model coupled with the principles of restorative justice would be further energized with
the recruitment, training and deployment of Volunteer Probation Aides (VPAs). The VPA program is a strategy
to generate maximum participation of the citizens in the community-based program of probation and parole.
Through the VPAs, the substance of restorative justice is pursued with deeper meaning since the VPAs are
residents of the same community where the clients they supervise reside. Thus, it is practicable for the
volunteers to solicit support for clients’ needs and assist the field officers in supervising the probationers,
parolees, and pardonees.
The Therapeutic Community treatment modality, Restorative Justice paradigm and deployment of VPAs
integrated into one rehabilitation program have yielded tremendous outcome in the rehabilitation and
reformation of probationers, parolees, pardonees, and first-time minor drug offenders.
Furthermore, the Agency believes that the client’s family is a major part or support in the rehabilitation process,
thus the Administration adopts the Integrated Allied Social Services program to address the needs of the
children and other minor dependent of the clients. Under the said program, interventions relative to the growth
and development of the minor dependents are done to help them become productive, law abiding and effective
individuals.

A Self-regulated Learning Module 99


b. BUCOR AND BJMP THERAPEUTIC COMMUNITY MODALITY PROGRAM
The Therapeutic Community Modality is a self-help social learning treatment model used for clients with
problems of drug abuse and other behavioral problems such as alcoholism, stealing, and other anti-social
tendencies.
As a treatment model, it includes four (4) categories:
1. behavior management,
2. intellectual/spiritual aspect,
3. emotional and social aspects, and
4. vocational/survival aspects.

In this regard, the Therapeutic Community Modality provides a well-defined structure for a synchronized and
focused implementation of the various intervention strategies/activities undertaken by the Agency such as:
1. Individual and group counseling
This activity intends to assist the clients in trying to sort out their problems, identify solutions, reconcile conflicts
and help resolve them. This could be done either by individual or group interaction with the officers of the
Agency.
2. Moral, Spiritual, Values Formation
Seminars, lectures or trainings offered or arranged by the Agency comprise these rehabilitation activities.
Active NGOs, schools, civic and religious organizations are tapped to facilitate the activities.
3. Work or Job Placement/Referral
Categorized as an informal program wherein a client is referred for work or job placement through the officer’s
own personal effort, contact or information. 4. Vocational/Livelihood and Skills Training
The program includes the setting up of seminars and skills training classes like food preservation and
processing, candle making, novelty items and handicrafts making, etc., to help the clients earn extra income.
Likewise, vocational and technical trade classes are availed of such as refrigeration, automotive mechanic,
radio/television and electronics repairs, tailoring, dressmaking, basic computer training, etc. through
coordination with local barangays, parish centers, schools and civic organizations.
5. Health, Mental and Medical Services
To address some of the basic needs of clients and their families, medical missions are organized to provide
various forms of medical and health services including physical examination and treatment, free medicines and
vitamins, dental examination and treatment, drug dependency test and laboratory examination.

Psychological testing and evaluation as well as psychiatric treatment are likewise provided for by the Agency’s
Clinical Services Division and if not possible by reason of distance, referrals are made to other government
accredited institutions.
6. Literacy and Education
In coordination with LGU programs, adult education classes are availed of to help clients learn basic writing,
reading and arithmetic. Likewise, literacy teach-ins during any sessions conducted for clients become part of
the module. This is particularly intended for clients who are “no read, no write” to help them become
functionally literate.

A Self-regulated Learning Module 10


0
Likewise, linkages with educational Foundation, other GOs and NGOs are regularly done for free school
supplies, bags and uniform for client’s children and relatives.
7. Community Service
This program refers to the services in the community rendered by clients for the benefit of society. It includes
tree planting, beautification drives, cleaning and greening of surroundings, maintenance of public parks and
places, garbage collection, blood donation and similar socio-civic activities.
8. Client Self-Help Organization
This program takes the form of cooperatives and client associations wherein the clients form cooperatives and
associations as an economic group to venture on small-scale projects. Similarly, client associations serve
another purpose by providing some structure to the lives of clients where they re-learn the basics of working
within a group with hierarchy, authority and responsibility much like in the bigger society.
9. Payment of Civil Liability
The payment of civil liability or indemnification to victims of offenders are pursued despite the economic status
of clients. Payment of obligations to the victims instills in the minds of the clients their responsibility and the
consequences of the harm they inflicted to others.
10. Environment and Ecology
To instill awareness and concern in preserving ecological balance and environmental health, seminars/lectures
are conducted wherein clients participate. These seminars/lectures tackle anti-smoke belching campaign,
organic farming, waste management, segregation and disposal and proper care of the environment.
11. Sports and Physical Fitness
Activities that provide physical exertion like sports, games and group play are conducted to enhance the
physical well being of clients. Friendly competition of clients from the various offices of the sectors, together
with the officers, provide an enjoyable and healthful respite.

A Self-regulated Learning Module 10


1
CHAPTER 5:
Activity 5

Discussion:

1. What is Therapeutic Modality? 5(pts)

2. What are the Major programs of BJMP? Discuss. (10pts)

3. What are the BuCor reformation Programs? (10pts)

A Self-regulated Learning Module 10


2
Reference

I. REFERENCES

A. Books
Bajita Jeffrey B (2022): The Reviewers for Licensure Examination,New Curriculum and PRC TOS Based.

Mamasalagat Mohamadsamer P. and Cutamora, Jr.Marcelino C.:Introduction to Criminology and Criminal Justice, and

the Psychology of Crimes. Central Book Supply Inc Phil. 2015

Cutamora, Jr.Marcelino C.:Philppine Criminal Justice System. Central Book Supply Inc Phil. 2015

Foronda, M A. Correctional administration 1: non institutional based corrections. 2nd ed. Quezon City: Wiseman's

Books Trading, 2014.

Guevara, R. (2014). Criminology glossary. 3rd ed. Quezon City: Wiseman's Book Trading

Guevara, Ricardo (et al) (2013) Comprehensive Penology : Institutional and Non-Institutional Corrections Quezon City:

Wiseman's Books Trading, 2013.

Alarid, Leanne Fiftal (2013), Community-Based Corrections 9th Ed Quezon City: Wiseman's Books Trading, 2013.

Aquino Honorato Y.: Aspects of Jurisdiction. Central Book Supply, Inc.Phil. 2013

Delizo, DBG. Correctional administration review materials. Baguio City: Prudence Research & Review Center, 2013.

Delizo, DBG. Criminal jurisprudence review materials. Baguio City: Prudence Research & Review Center, 2013.

McLaughlin, E. & Muncie, J. (2013). The Sage dictionary of criminology. 3rd ed. Los Angeles: Sage

Padua, Janette B. (2013) Parole Rules, Probation Law and Executive Clemency (Non-Institution-Based Corrections)

Quezon City: Wiseman's Books Trading, 2013.

Siegel, L. & and Worral, J. (2013). Essentials of criminal justice. 8th ed. international ed. Australia: Wadsworth

Cengage Learning

A Self-regulated Learning Module 10


3
Siegel, L. (2013). Criminology theories, patterns & typologies. International ed. 11th ed. Australia: Wadsworth

Tancangco, Danilo (et al) (2013) Philippine Correctional Administration Quezon City: Wiseman's Books Trading, 2013.

Hall,S. & Winlow, S (2012). New directions in criminological theory. London: Routledge

Gaines, L K., and John L. Worrall. Police administration. 3rd ed. Australia: Delmar, 2012.

Rosenfeld, R., Quinet, K. & Garcia, C. (2012). Contemporary issues in criminological theory and research: the role of

social institutions. Belmont, Calif.: Wadsworth

Tibbetts, S. (2012). Criminological theory: the essentials. Los Angeles: Sage

Timpac, Theodore M. A Handbook on Criminal Justice System, Tarlac City: RMC Publishing Haus, c2012
Williams, K. (2012). Textbook on criminology. 7th ed. Oxford: Oxford University Press

DeKeseredy, W. (2011). Contemporary critical criminology. London: Routledge

B. Other Sources
BUCOR MANUAL
BJMP MANUAL
RA 10575
RA 10592
RA 11131

A Self-regulated Learning Module 10


4
EVALUATION OF THE COURSE

1. What lesson or activity did I enjoy most? Why?

2. What is the most important lesson which I can apply in my daily life?

3. What are the new insights/discoveries that I learned?

4. What topic/s do I find least important?

A Self-regulated Learning Module 10


5
5. What possible topics should have been included?

A Self-regulated Learning Module 10


6

You might also like