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The Bureau of Jail Management and Penology (BJMP), a government agency mandated

to direct, supervise and control the administration of all district, city and municipal jails to effect
a better system of jail management nationwide, has drafted Rules and Procedures with which all
jail officials must follow. It includes the commitment and classification of inmates; treatment of
inmates and those inmates with special needs; and custody, security and control, emergency
plans, movement and transfer of prisoners and detainees.
The BJMP Rules and Procedures also details the rehabilitation services which identifies
the treatment program designed to encourage inmates to return to the fold of justice and enhance
their self-respect, dignity and sense of responsibility. The program includes the following: a)
provision for basic needs of inmates, b) health services, c) education and skills training, d)
religious services, guidance and counseling services, e) recreation, sports, and entertainment, f)
work programs, such as livelihood projects, g) visitation services, and h) mail services. The
Bureau of Corrections on the other hand, an integral bureau of the Department of Justice
mandated to carry out the institutional rehabilitation program of the government for national
offenders, and to protect society through humane confinement and effective rehabilitation of
criminal offenders, also has its own rules and procedures contained in the Manual of the Bureau
of Corrections which guides the personnel and sets the standard for humane treatment of
prisoners.
II.Body
Proper Conduct in Dealing with Criminal Offenders in a Correctional Set-up

Classification Of Inmates as To Security Risk


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.
b. Medium Security — This shall include those who cannot be trusted in lesssecured areas
and those whose conduct or behavior require minimum supervision.
c. Minimum Security — This shall include those who can be reasonably trusted to serve
their sentence under less restricted conditions

ADMISSION OF INMATES

SECTION I. 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. Certificate of Detention, if any and
d. Certification that the case is not on appeal.
e. A female inmate shall be received only at the CIW.

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.

Register
In every place where persons are imprisoned there shall be kept a bound registration book
with numbered pages in which shall be entered in respect of each prisoner received:
a. Information concerning his identity;
b. The reasons for his commitment and the authority therefor;
c. The day and hour of his admission and release.
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 10. Transmittal of Records from BJMP and Provincial Jails to BuCor

Upon receipt of the mittimus order, the BJMP and Provincial Jails shall transfer the PDL to the
BuCor

Within thirty (30) days after the transfer of PDL to the BuCor, the local jails shall transmit the
record of PDL to BuCor, as follows:

a) Commitment Order:

b) Information or complaint

c)Desion or udgment

d) Medical certificate issued by BIMP or any government physician

e) Certificate of detention from the law enforcement agency/

ies.that had prior custody of the PDL

f) Certificate of detention at jail facility;

g) PDL's Manifestation or Waiver (Art. 29, RPC);

h) Certificate of Time Allowances granted:

i) Certificates of attendance in rehabilitation/development programs/activities:

j) Bail records, if available

k) Other records
Rights and Privelege of Inmates

An inmate shall have the following basic rights:


a. To receive compensation for labor they perform;
b. To be credited with time allowances for good conduct and loyalty;
c. To send and receive mail matters
d. To practice their religion or observe their faith;
e. To receive authorized visitors;
f. To ventilate their grievances though proper channels; and
g. To receive death benefits and pecuniary aid for injuries

Privileges of Inmates
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 authorize by prison authorities; and
e. Receive gifts and prepared food from visitors subject to inspection

When dealing with criminal offenders in a correctional setup in the Philippines, it is important to
prioritize their welfare, development, and reintegration into society. Here are some principles and
practices that promote proper conduct in this context:
Ethics in the Correctional System: An Overview Dealing with the Offender in Humane and
Ethical Manner

Separation of categories
The different categories of prisoners shall be kept in separate institutions or parts of
institutions taking account of their sex, age, criminal record, the legal reason for their detention
and the necessities of their treatment. Thus,

a. Men and women shall so far as possible be detained in separate institutions; in an institution
which receives both men and women the whole of the premises allocated to women shall be
entirely separate;
b. Untried prisoners shall be kept separate from convicted prisoners;
c. Persons imprisoned for debt and other civil prisoners shall be kept separate from persons
imprisoned by reason of a criminal offence;
d. Young prisoners shall be kept separate from adults.

Accommodation
Where sleeping accommodation is in individual cells or rooms, each prisoner shall
occupy by night a cell or room by himself. If for special reasons, such as temporary
overcrowding, it becomes necessary for the central prison administration to make an exception to
this rule, it is not desirable to have two prisoners in a cell or room. Where dormitories are used,
they shall be occupied by prisoners carefully selected as being suitable to associate with one
another in those conditions. There shall be regular supervision by night, in keeping with the
nature of the institution. All accommodation provided for the use of prisoners and in particular
all sleeping accommodation shall meet all requirements of health, due regard being paid to
climatic conditions and particularly to cubic content of air, minimum floor space, lighting,
heating and ventilation.
►The sanitary installations shall be adequate to enable every prisoner to comply with the needs
of nature when necessary and in a clean and decent manner.
►Frequently as necessary for general hygiene according to season and geographical region, but
at least once a week in a temperate climate.

Personal hygiene
Prisoners shall be required to keep their persons clean, and to this end they shall be
provided with water and with such toilet articles as are necessary for health and cleanliness.
In order that prisoners may maintain a good appearance compatible with their self-respect,
facilities shall be provided for the proper care of the hair and beard, and men shall be enabled to
shave regularly.

Food
Every prisoner shall be provided by the administration at the usual hours with food of
nutritional value adequate for health and strength, of wholesome quality and well prepared and
served.
Drinking water shall be available to every prisoner whenever he needs it.

Exercise and sport


Every prisoner who is not employed in outdoor work shall have at least one hour of
suitable exercise in the open air daily if the weather permits.
Young prisoners, and others of suitable age and physique, shall receive physical and recreational
training during the period of exercise. To this end space, installations and equipment should be
provided.

Medical services
At every institution there shall be available the services of at least one qualified medical
officer who should have some knowledge of psychiatry. The medical services should be
organized in close relationship to the general health administration of the community or nation.
They shall include a psychiatric service for the diagnosis and, in proper cases, the treatment of
states of mental abnormality.
►Sick prisoners who require specialist treatment shall be transferred to specialized institutions
or to civil hospitals. Where hospital facilities are provided in an institution, their equipment,
furnishings and pharmaceutical supplies shall be proper for the medical care and treatment of
sick prisoners, and there shall be a staff of suitable trained officers.
►In women's institutions there shall be special accommodation for all necessary pre-natal and
post-natal care and treatment. Arrangements shall be made wherever practicable for children to
be born in a hospital outside the institution. If a child is born in prison, this fact shall not be
mentioned in the birth certificate.

Discipline and punishment


Discipline and order shall be maintained with firmness, but with no more restriction than
is necessary for safe custody and well-ordered community life.

a. No prisoner shall be employed, in the service of the institution, in any disciplinary


capacity.
b. No prisoner shall be punished except in accordance with the terms of such law or
regulation, and never twice for the same offence.
c. No prisoner shall be punished unless he has been informed of the offence alleged against
him and given a proper opportunity of presenting his defence. The competent authority
shall conduct a thorough examination of the case.
d. Corporal punishment, punishment by placing in a dark cell, and all cruel, inhuman or
degrading punishments shall be completely prohibited as punishments for disciplinary
offences.

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. 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;

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

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 self-harm 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. Inmates with contagious diseases must be segregated to prevent the


spread of said contagious diseases;

b. Infirm inmates should be referred to the jail physician or nurse for


evaluation and management; and

c. Infirm inmates must be closely monitored and provide with appropriate


medication and utmost care.

13. Pregnant Inmates/Female Inmates with Infants

a. Pregnant inmates must be referred to jail physician or nurse for pre-natal


examination;

b. They should be given tasks that are deemed fit and proper, their physical
limitations, considered;

c. During active labor, pregnant inmates should be transferred nearest


government hospital;

d. Treatment of mother and her infant/s shall be in accordance with the


BJMP Policy (Refer to DIWD Manual); and

e. Female inmates with infants shall be provided with ample privacy during
breastfeeding activity.

14. Inmates of Other Nationalities

a. The Warden shall report in writing to the Bureau of Immigration and the
respective embassies of the detained foreigners the following:

1) Name of Jail;
2) Name of Foreigner;
3) Nationality and the number of his/her Alien Certificate of Registration, if
any;
4) Age/Sex;
5) Offense Charged;
6) Case Number;
7) Court/Branch;
8) Status of Case; and
9) Additional data information.

Ethical Issues in Prison and Jail Management

Jovito Palparan Enjoying Special Treatment in Bilibid Due to his Status

The two-hour on-camera interview with convicted kidnapper retired general Jovito
Palparan done inside the New Bilibid Prison was just the latest of a string of special treatments
extended to him by the Bureau of Corrections (BuCor), said the National Union of Peoples’
Lawyers (NUPL). The NUPL, private prosecutors in the case that got Palparan convicted, wrote
BuCor on Friday, April 1, and said in the interview clearly shows that accused Major General
Palparan is enjoying special privileges and preferential treatment even as he is already serving
sentence for the crimes of which he was convicted.
The letter detailed past incidents of Palparan not immediately being transferred to the Maximum-
Security Compound where he was supposed to be incarcerated because he was sentenced to
Reclusion Perpetua. Palparan was convicted of kidnapping and serious illegal detention over the
2007 disappearance of student activists Karen Empeño and Sherlyn Cadapan. Malolos Regional
Trial Court Branch 15 sentenced him to reclusion perpetua in September 2018, but was only
transferred to Bilibid a month after. In Bilibid, Palparan first stayed at the Directorate for
Reception and Diagnostics (DRD) where all convicts are assessed for days to weeks before they
are transferred to their respective compounds. They received information that accused Maj. Gen.
Palparan was transferred not to the Maximum-Security Facility, but to the Minimum Security
Facility of the New Bilibid Prison, the detention and holding area for prisoners who were given
light sentences or are about to be released and/or already considered ‘living out’ prisoners.

Strip-search and Limited Visiting hours: Difficulties that Wives and Other Relatives of
Inmates have to go Through Just to Catch a Glimpse of Their Loved Ones Detained at the
Maximum Security Compound of the New Bilibid Prison (NBP).

The wife of a Muslim inmate Andang Maang, Fides Lim of rights group Kapatid (Friends
and Families of Political Prisoners) and Irma Balaba of the Promotion of Church People’s
Response made the call two days after BuCor spokesperson Wena Fe Bucos denied that there is
humanitarian crisis in the Bilibid amid the clearing operations buoyed by persistent reports of
corruption among prison officials and inmates. They were order to strip in order to search them.
Maang also lamented that visiting hours have been too restrictive that they do not know if their
husbands are sick or otherwise—a fear heightened with reports that seven inmates have died at
the Bilibid’s Maximum Security Compound in the last four days due to unattended medical
condition.
Gerald Bantag: Allegedly torturing inmates at the New Bilibid Prison

The Bureau of Corrections (BuCor), under Acting Director General Gregorio Catapang
Jr., lodged another set of criminal complaints against suspended corrections chief Gerald Bantag
for allegedly torturing inmates at the New Bilibid Prison.

The complaint, filed before the Department of Justice (DOJ) on Friday, January 13, read:
“Criminal cases against USEC GERALD Q. BANTAG, the suspended Director General of
Bureau of Corrections (BUCOR) for violation of Section 5 (Other Cruel, Inhuman and
Degrading Punishment) of RA 9745 otherwise known as ‘The Anti-Torture Act of 2019’ and two
(2) counts of violation of Article 263 of the Revised Penal Code (Serious Physical Injuries).”

The new set of complaints stemmed from the allegations of persons deprived of liberty
(PDLs) that they were abused by Bantag inside the national penitentiary. On December 21, 2022,
Catapang said Bilibid gang leaders Jonathan Cañete or Jonathan Escopete of Batang Cebu and
Ronald Usman of Batang Mindanao gave sworn affidavits detailing how Bantag allegedly
stabbed them.
Conclusion
Prisoners and inmates are human beings entitled to the same basic rights enjoyed by
citizens in a free society, except that the exercise of these rights is limited or controlled for
security purposes. It is in this context that rights for prisoners have been drafted, and standards
for treatment of prisoners have been set. The BJMP government agency mandated to direct,
supervise and control the administration of all district, city and municipal jails. Moreover, 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”.
Meanwhile, there are also some issues in jail in prison such as unfair treatments of
inmates, abused, and invasion of privacy that needs proper attention.
References

Bureau of Correction Manual (2015).

Guerrero, B. B. & Molato, R. L. (2017). The Institution based Correction in the Philippines.
Quezon City: Wiseman’s books Trading Inc.

Manwong, R. K. (2014). Correction and Restorative Justice. Quezon City: Wiseman’s Books
Trading Inc.

Panganoron, C. R. & Revisa W. A. (2020). Institutional Correction. Quezon City: Wiseman’s


Books Trading Inc.

UN (1977). Standard Minimum for the Treatment of Prisoners.

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