CA 1-INSTITUTIONAL CORRECTIONS

Course Description

This course covers the general concept of penology and corrections, chronological presentation
of the development of correctional theories and standards, punishment imposed in early society,
its evolution and development, and the present set- up of the Philippine Correctional System.

Course Objectives:

At the end of the course, you should be able to:

1. Conduct Criminological research on crimes, crime causation and offenders inside jail and
prisons.

2. Recognize the concepts of human and victim rights as well of the different intervention
programs.

3. Demonstrate competence and broad understanding in correction as part of criminal justice

system.

4. Apply the principles of Jurisprudence of Criminal Law in correcting criminals.

5. Articulate the different interventions for re-integration of offenders to the community.

6. Collaborate effectively and independently with various types of offenders.

7. Engage in lifelong learning and understanding on the developments of corrections and its
goals.
8. Practice institutional correction professionally, socially and ethically.
Chapter 1

GENERAL CONCEPT OF CORRECTION AND HISTORY OF PUNISHMENT

GENERAL CONCEPT

PENOLOGY- is branch of criminology concerned with study of punishment for crimes or of

criminal's offenders. It includes the study of control and prevention of crime through punishment
of criminal's offenders. Penology is a term derived from the Latin word "POENA" which means
pain and suffering. Penology is otherwise known as Penal Science. It is actually a division of
criminology that deals with prison management and the treatment of offenders, and concerned
itself with the philosophy and practice of society in its effort to repress criminal activities.

CORRECTION is branch of the criminal justice system concern with the custody, supervision
and rehabilitation of criminal offenders. It is the field of criminal justice administration, which
utilizes the body of knowledge and practice of the government and society in general involving
the processes of handing individual who have been convicted of offense for purposes of crime
prevention and control.

CORRECTION is the branch of administration of the criminal justice system charged with the
responsibility for custody, supervision and rehabilitation of the convicted oftenders. In the
Philippines, CORRECTION is the 4th pillar of the Criminal Justice System.

CORRECTIONAL ADMINISTRATION is the study and practice of a systematic management

of jails or prisons and other institutions concerned with the custody, treatment, and rehabilitation
of criminal offenders. As a process, it 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. This is also synonymous with Penal/
Jail Management, which is defined as the manner or practice of managing or controlling places
of confinement as in jails or prisons.
Two Approaches of Correction

1. Institutional Correction (Institution-based correction) - rehabilitation or correctional programs

take place inside correctional facilities or institutions such as national penitentiaries or jails.

2. Non-Institutional Correction (Community-based correction) rehabilitation or correctional

programs take place within the community. In this approach the convict will not be placed or be
released from correctional facility or jails.
Concept of Penalty. Penalty in general signifies pain: especially considered in judicial sphere, it
means suffering undergone because of the action of human society, by one who commits crime.

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 for a crime or
wrongdoing. The justifications of punishment are:

1. Retribution, meaning the punishment should be provided by the state whose sanction is
violated, or offenders should be punished because they deserve it.

2. Expiation or Atonement, it is punishment in the form of group vengeance where the purpose is
to appease the offended public or group.

3. Deterrence, punishment gives lesson to the offender by showing to others what would happen
to them if they violated the law.

4. Incapacitation and protection, the public will be protected if the offender has being held in
conditions where he cannot harm others especially the public by placing him in a prison; and

5. Reformation or Rehabilitation, it is the establishment of the usefulness and the responsibility

of the offender to renew him as a law-abiding citizen and productive member of the society upon
his release.
Ancient Forms of Punishment

1. Death Penalty-this was effected by burning, boiling in oil, breaking at the wheel or

2. Physical Torture this was the so-called corporal punishment w/, was effected by mutilation,
maiming, etc.

3. Social Degradation the purpose of this was to put up the offender to shame or humiliation.
This was effected by branding, use of ducking stool, pillory, etc.

4. Banishment this was sending or putting of an offender which was carried out either by a
prohibition against coming into a specified territory or prohibition against going outside a
specified territory, such as an island to where the offender has been removed.

Contemporary Forms of Punishment

1. Imprisonment-putting the offenders in prison for purpose of protecting the public and at the
same time rehabilitating them by requiring the offenders to undergo institutional treatment
program.

2. Parole it is a conditional release after the prison has serve part of his sentence and supervision
of a parole officer.
3. Probation a disposition whereby a defendant after conviction of an offense the penalty of
which does not exceed six years imprisonment is released subject to the conditions imposed by
the releasing court and under the supervision for a probation officer..

4. Fine an amount given as a compensation for a criminal act.

5. Destierro- the penalty of banishing a person from the place where he committed a crime,
prohibiting him to get near or enter the 25 kilometer perimeter.
Juridical Conditions of Penalty

1. Must be productive of suffering without however affecting the integrity of the

personality:

2. Must be commensurate with the offense of different penalties:

3. Must be personal, no one should be punished for the crime of others:

4. Must be legal, it is the consequence of judgment based of law;

5. Must be certain, no one may escape its effect:

6. Must be equal to all persons

7. Must be correctional

Schools of Taught in Correction (The Criminological Theories)

1. CLASSICAL THEORY the basis for the retributive and punitive aspect of punishment where
it emphasizes that the nature of punishment must be equal to the nature of crime. ("The
Punishment must Fit the Crime")

2. NEO-CLASSICAL THEORY-it supported the Classical Theory but it must be modified in

consideration of the child and lunatic individual.
3. POSITIVIST THEORY-just like illness, man may be subjected to cure rather than punishing
them for their act. It is through this that the word CORRECTION & REHABILITATION
considered as a means of controlling the society's anti-social act.

4. MODERN CLINICAL SCHOOL-It studies the criminal rather than the crime. This school is
interested primarily in the personality of the criminal himself in order to determine the
conditioning circumstances that explain his criminality and in order to obtain light upon problem
of how he should be handled.

HISTORY OF PUNISHMENT

In the Bible, when the Godhead discovered the plan of Lucifer to snatch the thrown of heaven
from Him, He thrown Lucifer and other angels out from heaven. It was the first display of
punishment by God Himself. Second, when Adam and Eve broke the law of God, they were also
thrown out from the Garden of Eden. Third, when Cain murdered his brother Abel, God punished
him by placing mark on his brow. It was a cursed of God upon him. Fourth, God punished
groups of people for gross violating God's Law. These were the great flood which covered the
Biblical World, wherein it rained for forty (40) days and nights, and only Noah, his family as
well as the animals that were in the Ark survived and fifth, the destruction of fire and brimstone
at Sodom and Gomorrha.

Law of Vendetta, which means personal vengeance or revenge was the rule of the time when the
world was still uncivilized. A family whose member was murdered by a member of another
family took justice in their hand by murdering members of the opponent family. Retaliation or
"blood feuds" sometimes resulted to a much brutal results. This resulted to endless killing, which
destroy the two warring families, clan or tribe. Today, war between the terrorist and Muslim Arab
Countries against the United States and its allies can be cited as display of vendetta in civilized
world.

Codification of Early Laws. History has shown that there are three main legal systems in the
world, which have been extended to and adopted by all countries aside from those that produced
them, although there were also other early codes which contributed to the history of penal
system. In their chronological order, they are the Roman, the Mohammedan or Arabic and the
Anglo-American Laws. Among the three, it was Roman Law that has the most lasting and most
pervading influence. The Roman Law, which include the Criminal Law, has offered the most
adequate concepts which sharply define, in concise and consistent terminology, mature rules and
complete system, logical and firm, tempered with high sense of equity.

➤ KING-UR NAMMU CODE (2100 BC). In the City of UR, Ancient Sumeria, a Code named
after King Ur-Nammu decreed the imposition of restitution and at the same time savage
penalties. It holds the principle that offenders can be punished and at the same time to reimburse
the victim for the value of whatever has been taken or suffered by him as a result of crime.
Retribution degraded the offender and restitution elevated the status of the victim. This code does
not carry the death penalty because in case of death or physical injuries to the victim, punishment
has to be confined only to the financial consequence of the crime.

➤ HAMMURABIC CODE (1750 BC). In Babylonia, Hammurabic Code named after King
Hammurabi was enacted as the first formal laws that deals with the imposition of justice. The
core principle of this law is known as lex taliones (mean an eye for eye and tooth for a tooth).
However, lex taliones is a two-tiered concept of justice because not everybody is equal in the
imposition of punishment. It imposes a stiffer penalty against those who are rich and powerful
than those belongs to lower rungs of the society. Hammurabic Code, credited as the oldest code,
has found its way in the Manama Darma of India. Hermes Trismegitus of Egypt and Mosaic
Code in the Bible particularly the Book of Leviticus of the Old Testament.

➤ MOSAIC CODE. Although premised on the concept of retribution, also allow restitution
because it allows the offender and the victim to come to a settlement under mediation of the legal
authorities. The Mosaic Code allowed extreme punishment such as flogging and burning alive.
Here are some of early forms of punishment and its definitions: Flogging is whipping the culprit
of cat of nine tails: Branding is burning with red hot iron the first letter of his offense on his
forehead or hand of the culprit: Iron Maiden was a hollow form shaped like a human and made
of an iron braced with iron strips used in torturing suspect to admit the crime he committed. In
this process, the more he denied, the more he will sacrifice to death: and Milk and Honey -
Mithridates, the Persian general was tortured to death in this way. He was encased in a box from
which his head, hands and feet protruded. forcibly feed with milk and honey, which was also
smeared to his face, and then exposed to the sun for seventeen days. Through this, he suffered a
horrible condition until he had been devoured alive by insects and vermin which swarmed about
him and bred within him.

➤ GREEK CODE OF DRACO, a code that provides the same punishment for both Greek
citizens and the slaves. The Greeks were the first to allow any citizen to prosecute the offender in
the name of the injured party. The punishments inflicted by Greek justice included stoning to
death, which was also practice by the Israelites and the Arabs. At present time, stoning to death is
still practice by the Fundamentalist Islamic Countries like the Afghanistan and Pakistan. Other
form of punishment imposed by the Greek justice is breaking on the wheel where the offender's
body is fastened by metals bands to a board made of wood and then had their bones broken.
Burning alive, strangling, poisoning, banishment, branding, penal (imprisonment) slavery and
payment of fines were other forms of punishment imposed by Ancient Greek justice. The Greeks
philosophized that their brand of justice was not vengeful and retributive. They maintain that
justice should reform the offender but must also serve as deterrent to would-be violators.
Deterrence refers to the terrorizing effect of punishment inflicted on offender. While, Greek
justice is slanted towards deterrence and not on vengeance and retribution, this concept only
applies to Greek Citizens only while punishment of most brutal kind is still inflicted on aliens
and slaves.

➤ TWELVE TABLES/ XII Tabulae (450 BC), represented the earliest codification of Roman
Law (later incorporated into the Justinian Code). It is the foundation of all public and private law
of the Romans until the time of the Justinian. It was a collection of legal principles engraved on
metal tablets and set-up on the forum.

JUSTINIAN CODE (529 AD). In Roman Empire, Emperor Justin enforced this Code and
became the standard law in all areas occupied by the Roman Empire particularly in Europe. This
code was an upgraded version of Twelve Tables of Roman. This code did not survive due to the
fall of the Roman Empire but left a foundation to Western Legal

Codes.

BURGUNDIAN CODE, another criminal code that also existed during the Justinian Period. This
specified punishment according to social class of offenders, dividing them into nobles, middles
class, and lower class specifying the value of the life of each person according to social status.
The punishments being imposed in this era Includes the following: Stocks, were devices fastened
to the ankles, neck, and wrists of the offender for long period of time in public places and
exposed to the elements: Furca, a V-shaped yolk worn around the neck and where the
outstretched arms of the convict were tied. Early used of prison was also observed, like
Underground Cistern, used to detain offenders undergoing trial in some cases and to hold
sentenced offenders where they were starved to death; Ergastulum, used to confine slaves where
they were attached to workbenches and forced to do hard labor in the period of their
imprisonment:

➤ THE SECULAR LAWS (4 AD). These laws were advocated by Christian Philosophers who
recognized the need for justice. Some of the proponents of these laws were: St Augustine and St.
Thomas Aquinas. During this period, three laws were distinguished: External Law (Lex
External), Natural Law (Lex Naturalis), and Human Law (Lex Humana). All these laws are
intended for the common good, but the human law only becomes valid if it is does not conflict
with the other two laws.

➤ PAPAL DECLARATION ON SANCTUARY by Pope Innocent Vill (1487AD). Decreed that

refugee offenders be driven out of the sanctuary if they used this for committing a crime.
Sanctuaries are maintained by the church for the offenders who would seek refuge when they are
accused of crimes. A criminal could avoid punishment by claiming refugee in a church for 40
days and at the end of which time he was compelled to leave the realm by a rod or path assigned
to him. After the declaration, sanctuaries began to decline and refuse to admit offenders accused
of arson, rape, murder and robbery.

PAPAL DECLARATION ON DEATH PENALTY. Pope Leo I was the first Pope to fully express
approval for the killing, otherwise human and divine law would be subverted. Priscillian was the
first recorded Christian who was put to death for being heretic but death as capital punishment
(guillotine) was first used in Orleans, France in 1022 AD when thirteen heretics were burned at
the instigation of the church. Today, the stand of the Catholic Church on issues of Death Penalty
is completely a reversal of the old practice, Pope John Paul II, Pro-life Pope, in his Encyclical
Tertio Millenio Adveniente, he formally apologized to the past intolerance and use of violence in
the defense of truth. In Evangelium Vitae, Pope John Paul II has challenged each and every one
of us to break away from the "culture of death" especially the treatment of killings as solution to
the problems. He calls us to reject the death penalty, population control that results to abortion
and use of contraceptives that are artificial, euthanasia or killing of the elderly, terminally ill, the
infirm, the handicapped and in the guise of dying with dignity.

➤ KING HENRY THE VIII DECREE (1531). In England, King Henry the VIII decreed
punishments for vagrant and penal slavery to defend the interest of the landlord. where the
nobility gets their privileged status in society. During this time, there was an exodus of people
flocking to the cities from rural areas considering that capitalism was on the rise and that the
feudalism was on the retreat.
TRANSPORTATION AS PUNISHMENT WAS AUTHORIZED (16th Century). Transportation
of criminals in England was authorized. At the end of the century, Russia and other European
countries followed this system. It partially relieved overcrowding of prisons. Transportation was
abandoned later in 1835. Banishment, as a form of punishment became widespread during this
period. Although this form of punishment has been practiced since the dawn of history, the
systematic transfer of offenders to colonized land started to intensify in earnest by the advent of
17th Century. Large numbers of convicted criminals were transported to distant lands to populate
these newly colonized territories. Special Account on Banishment: The banishment of Russian
prisoners to Siberia was known to the world today as Gulag Archipelago, which was popularized
in a novel by a political prisoner named Alexander Solshenitsyn. The Exile to Siberia was
Russia's unique contribution to the world's criminal justice system. The Penal Code of Russia
punishes offenders to hard labor of four years to life. The Russian authorities built stockades and
depots once every fifteen miles from Russia to the places of exile in Siberia. The distance is
about 4,700 to 6,700 miles. Prisoners were gathered to travel this distance on foot and which
took them about three years to reach. The prisoners marched heavily chained together. Casualties
were extremely high and very low percentage reached their place of exile live. Once they arrived
destination, they were subjected to severe discipline and hard labors. Their heads were shaved
and this put added pain of coldness on the icy winter. They were also subjected to a strict rule of
silence. This form of punishment was abolished in 1901.

The benefits of Banishment. This allows country imposing this punishment to colonize distant
lands such as Australia, Canada, Africa, Philippines and other fur-flung countries and this
reduced number of criminals in the country of origin. Those who sentenced for banishment are
those recidivists. After expiration of banishment period, a returnee is required to have authority
to return and violators will be subjected for execution.

PENITENTIARY ACT OF 1779 AD was passed. Five years after the passage, Norfolk Prison at
Wymondham. England was opened. The National Penitentiary of Millbank was opened in 1821,
Pentoville National Penitentiary in 1842.

➤ WHITE SLAVE ACT 1910 is one of the many laws, which passed by the US Congress
declaring various crimes to be under federal jurisdiction. This necessitated the building of more
federal prison facilities to accommodate the increasing number of federal prisoners. The
increased number of federal prisoners moved the House of representative to centralize the federal
prison. Thus, US Bureau of Prison under the Department of Justice was created in 1930.
Chapter 2

DEVELOPMENT OF CORRECTIONAL INSTITUTION AND PERONALITIES IN THE

HISTORY OF CORRECTION

DEVELOPMENT OF CORRECTIONAL INSTITUTION

➤ The Bridewell Institution (1556) was established as a workhouse for vagabonds, idlers, and
rogues. Under the Bridewell System, vagrants and prostitutes were given work while serving
their sentences. For all practical intents and purposes, capitalist exploit this prison labor. The
Bridewell System (Workhouse) turned to be very effective workable and profitable. After twenty
years of existence in England, the English Parliament mandated the establishment of this kind of
prison in all countries. After two centuries, the Bridewell System lost its usefulness because of
the banishment of the offenders to the colonies became a more compelling and profitable
proposition to both the landlords and the capitalist invoking strategic national interest and
security considerations as overriding reasons. It turned to be inoperative and deteriorated that
conditions there have become no difference from the conditions in the county jails.

➤ Gools are poorly constructed, unsanitary, damp, drafty or airless, gloomy dungeons, foul
smelling places of detention in England in the early eighteenth century. In this place, the inmates
are poorly clothed, without privacy, and the conditions so deplorable that diseases thrive. The
modern term "JAIL" originated from this word. These are pretrial detention facilities operated by
English Sheriff (from words "shire- reeve," which means a leader of group of ten families who
assumed responsibilities of collecting tithes). Galleys are long, low, narrow, single-decked ships
propelled by sails, usually rowed by criminals when they were meted a sentence of transportation
and sent to other territories and continents. While, hulks are old sailing warships ships that are no
longer used for sea voyages or naval operations, but are anchored in some English port, where
they were used as prison or places of confinement of convicted criminals. This was popularly
known as the "floating hells."

➤ Panopticon is a building plan made by Jeremy Bentham, a noted English Exponent of the
classical school of criminology which called for a tank-like structure, covered by a glass roof.
The cells were arranged around a central apartment from which the custodians could keep all
cells under close supervision. This was never built, despite of contact with English authorities for
its construction at state expense.

➤ Mill Bank Penitentiary was a huge, gloomy and many towered prison, which looked like a
thick-spoke wheel, contaning three (3) miles of corridors and hundreds of cells. The cost was at
that time (1812-1821) was nearly two milion five hundred (2,500,000,00) dollars. This was made
possible due to the efforts and revelations of the terrible conditions of English gaols by crusader
John Howard.
Sing Sing Prison became famous in the entire world and was the plot of many movies filmed
because of the Sing Sing Bath which was inflicted aside from floggings, denial of reading
materials and solitary confinement. The shower bath was a gadget, which was constructed to
drop a volume of water on the head of a locked naked offender. The Sing Sing bath became more
frequent when flogging was declared illegal in 1847. The force of the icy cold water hitting the
head of the offender caused so much pain and extreme shock that prisoners immediately sank
into coma due to the shock and hypothermia or sudden drop in body temperature.

➤ Hospicio de San Michelle The first home for delinquent boys ever established. Built by Pope
Clement XI in Rome for housing incorrigible youths under 20 years of age.

➤ Auburn System was a convoluted version of St. Michael System (was introduced by the
Roman Catholic Church at the Hospital of St. Michael during the reign of Pope Clement XI. This
was the prototype of the reformatories for juvenile offenders. This facility emphasized
rehabilitative concept and pioneered the segregation of prisoners and forced silence to make the
prisoners contemplate their wrongdoings) as espoused by the Roman Catholic Church. It culled
its name from the Aubum Prison, which was built in Auburn State, New York. This system
employed "congregate confinement where individual inmate is confined in their own cells during
the night and congregate work in shops during the day. Complete silence was enforced.

Before inmates were locked in a tiny cell without exercise or any activity. Inmate is whipped if
he dared to speak or make any noise. There was a substantial records of suicide in this system
and was abandoned after five years of existence because the Inmates could not be made
productive anymore.

Modification was made to Auburn System by allowing prisoners to work during daytime but still
observing rule of silence and then spent their night in solitary confinement. It was found out that
people working collectively in common areas produced more benefits than people working
individually and the smaller individual cells made prisons cheaper to build and maintain. It was
through the Auburn Prison that the United States was able to hamess the labor power of prisoners
to become part of the expansion that was pushing the young nations to rapid industrialization.

- Walnut State Prison or otherwise known as Walnut Street Jail is the first prison in the United
States which was constructed in Philadelphia. It established the principles of solitary
confinement by the construction of additional building which house the worst type of prisoners
in separate cells. The long-term prisoner's wing of this jall was built with individual cells. Each
inmate lived, worked, and ate in solitary confinement. During confinement, prisoners were
supposed to think about their offense and become penitent for their sins. The Pennsylvania
System was the leading innovator and rival of the Auburn System, which was based on the
concept of solitary confinement and rendering labor. Three Prison were built in Pennsylvania:
The Walnut Street Jail (1790); the Western Penitentiary in 1826 and the Eastem Penitentiary in
1830. Under the Pennsylvania or "solitary system", prisoners were confined in a single cell day
and night where they lived, slept, ate, and received religious instructions. Complete silence was
also enforced. They are required to read the bible. Five major deployments of prisoners existed in
the United States during those times, these were: Northern Industrial Prison; Southern Plantation
Prison: Chain Gangs and other decentralized work camps; the custody-oriented Prison; and the
treatment-oriented prison. Even today, these five types of prisoners deployments still exist.

➤ The Northern Industrial Prison was so called because it is found in the industrial belt of the
Northem United States. The State Penitentiary at McAlester, Oklahoma is an example of this
type. There were three (3) methods used to benefit from prison labor and these are: Contract
System prisoners were hired out to businessmen or corporation on a daily basis for a set fee per
head; State Account System. Contractors provide the raw materials and pay the state on a per
piece price for each item produced or manufactured: and State-use system is a riskier venture but
if properly managed, would bring profits to the state. Under this set-up, the state operates the
business itself in all its aspects.

➤ The Southern Agricultural Plantations are located in the agricultural deep south of the United
States. These penal institutions possess vast of landholdings and use as prison labor to produce
agricultural products out of the land. These plantations has a minimal facilities and therefore,
inexpensive to operate. They employ also "trustees" from minimum security convicts to beet-up
security forces.
The Chain Gangs. Under this scheme, prisoners work in public works outside of the facilities.
Today, some prisoners, under this scheme, work in natural conservation work. To secure inmates
from escape while outside performing works, they were chained together, hence, the term "chain
gangs" evolved. Chain Gang was originally imposed on black prisoners. In case of violation,
prisoners were subjected to a sweat box, in which prisoners were put in a steel box under the heat
of the sun. This popularly known as American Siberia. Shot drill is a form of punishment
inflicted to prisoners by carrying heavy loads from one place to another and then returned to the
same place over and over again everyday. Treadmill is a form of punishment where the prisoner
was continually made to constantly climb the stairs, Prisoners are made to climb this treadmill
continually during the day with prisoners logging up to

14,000 feet of stairs per day.

The Custody-oriented Prison is a remnant of the prisons of the past century where prisoners were
punished by confining them only to their cells and isolating them from the rest of society. This
was used in super maximum security where the occupants were hardened criminals.

The Treatment-Oriented Prison is almost the gool of modern penal institutions. This emerged
after the enactment of Huber Law in the State of Wisconsin in 1913. This legalized work release
program. After five years, in the State of Mississippi, a law granting a prisoner, a furlough
program was enacted. Many states in the Unites States began to implement this program after
enactment of Prisoner Rehabilitation Act of 1965.

New York House of Refuge is the first juvenile reformatory which was opened in January 1825
and located in New York City, its purpose was to protect children from degrading association
with hardened criminals in the country and state prison. Boston, founded its house of refuge in
1826 and Philadelphia in 1828. New Orleans erected its Municipal Boys' Reformatory in 1845
and Massachussettes in 1847.

Maconochie's Mark System, the fundamental principle of this system is by reduction of

sentences vis-à-vis proper deportment, labor and study. This was introduced by Captain
Alexander Maconochie of the English Royal Army. THE IRISH SYSTEM-Using the "Mark
System" and the incorporations of old practices in English Prisons and Sir Walter Crofton's
program. He was the first to introduce the "Intermediate Prison" theory of individualization of
treatment equivalent to parole.
Elmira system. American penal system named after Elmira Reformatory, in New York. In 1876
Zebulon R. Brockway became an innovator in the reformatory movement by establishing Elmira
Reformatory for young felons. Brockway was much influenced by the mark system, developed
in Australia by Alexander Maconochie, whereby credits. or marks, were awarded for good
behavior, a certain number of marks being required for release. To this system Brockway added a
new regimen of moral. physical, and vocational training. The Elmira system classified and
separated various types of prisoners, gave them individualized treatment emphasizing vocational
training and industrial employment, used indeterminate sentences, rewarded good behavior, and
paroled inmates under supervision.

Elmira Reformatory gave the reformatory movement two important philosophical tenets: first,
the importance of specialized care for youthful offenders, recognizing both the individuality of
prisoners and their similarity; second, the recognition that up to a certain age every criminal
ought to be regarded as potentially a good citizen. This reformatory ideology gradually entered
the U.S. prison system and also affected European correctional practices.

- Japan Prison Modernization started during the reign of Tokugawa Shogunate when the country
came under the occupation of Americans. This pro-American Emperor entered into treaties for
the establishment of Western Style Prison for those oppositionist to the provision in the treaty
that is disadvantageous to the Japanese.

GREAT PERSONALITIES BEHIND HISTORY OF CORRECTION

➤ ARISTOTLE (400 BC), a Philosopher from the City-State of Athens that made the first
attempt to explain crime in the book he has written entitled: Nicomedian Ethics. In his book, he
wrote about corrective justice, stating that punishment is a means of restoring the balance
between pleasure and pain. He also forwarded the concept of restitution when he postulated that
corrective justice is a means whereby the suffering of the victim is compensated.

➤ WILLIAM PEΝΝ (1614-1718). He fought for religious freedom and individual rights. He is
the first leader to prescribe imprisonment as correctional treatment for major offenders. He is
also responsible for the abolition of death penalty and torture as a form of punishment.
➤ CHARLES MONTESIQIEU (1689-1755). A French historian and philosopher who analyzed
law as an expression of justice. He believe that harsh punishment would undermine morality and
that appealing to moral sentiments as a better means of preventing crimes.

VOLTAIRE or also known FRANCOIS MARIE AROUET (1694-1778). He was the most
versatile of all philosophers during this period. He believes that fear of shame was a deterrent to
crime. He fought the legality-sanctioned practice of forture.

➤ CESARE BONESA, MARCHESE de BECARRIA (1738-1794). He wrote an essay entitled

"An Essay on Crimes and Punishment," the most exciting essay on law during this century. It
presented the humanistic goal of law. He also wrote that education, not punishment, is the surest,
although the most difficult, means of preventing crime. Although, these two philosophers
strongly advocated the use of positive approach such as reward and education, they likewise did
not reject the necessity of punishment. Jeremy Bentham and Beccaria, both were the strongest
advocates of the enlightenment in the fields of criminology and their writings were considered as
the Classical School of criminology. Under this school of discipline, man has free will and has
the capacity to exercise such free will. Man's free will is being acted out only to satisfy his
selfish interest. Bentham believed in the concept of Aristotle that man is governed by two
conflicting forces: the pleasure and pain. He saw that crime, like any other human action,
represents an effort to gain pleasure or something beneficial to him. Punishment, therefore,
should be inflicted with the purpose of discouraging anyone's attempt to gain pleasure at the
expense of others. Punishment should not be meted out without a purpose.

➤ JEREMY BENTHAM (1748-1832). He was one of the greatest leaders in the reform of
English Criminal Law. He believes that whatever punishment designed to negate whatever
pleasure or pain the criminal derives from crime, the crime rate would go down. He was the one
who designed the "Panopticon Model," a prison that consists a large circular building containing
multi-cells around the periphery.

➤ CESARE LOMBROSO, Jewish physician and anthropologist who was greatly influenced by
the writings of Charles Darwin espoused the Positivist School of Criminology. This concept
strongly objected to the classical school's view that punishment could be made to "fit the crime"
by fixing sentences that are fied strictly to the nature of criminal acts. He described that crime is
a social phenomenon. Although, he conceded that there are many causes of crime, he remained
emphatic in his assertion that crime is attributed to biological causes, which is about 60 to 65%.
Lombroso formulated his thinking based on his studies of a notorious brigand named Villella.
This brigand openly boasted of his crimes. This was the reason why Lombroso claimed that
criminals have the uncanny ability to quickly recuperate from their wounds and have no moral
compunction. On death of Villella, Lombroso conducted Post-Mortem Examination on the
corpse of the bandit. When he opened the skull, he found a distinct depression, which is found
only to inferior animals. His concept became dominant in the late 19th Century. Lombroso and
his followers especially those in the United States were among the first proponents of parole,
probation, the juvenile courts, the experiment with youthful offenders, and other measures of
early twentieth-century penology. They were instrumental of the rise of three landmarks
Innovations in corrections: These are: Parole, Probation and the Abolition of Capital Punishment
(History will be discussed in separate lecture).

➤ JOHN HOWARD (1726-1790), he was a Sheriff from Bedfordshire, England (1773) who
became concerned at the savage and inhuman conditions obtaining in his country's prisons. Some
of his notable recommendations were maintenance of the facility for children and women
separate from other offenders, provision of sanitation facilities, adequate salaries for jailers so
that they will not extract money from the prisoners. His recommendations were incorporated into
the Penitentiary Act of 1779 and adopted as standard procedure in the first modern prison
constructed in the year 1785 in Norfolk, England.

➤ DOMETS OF FRANCE, established an agricultural colony for delinquent boys in 1839

providing housefathers as in charge of these boys. He concentrated on re- education. Upon their
discharge, the boys were placed under the supervision of a guardian.

➤ ALEXANDER MACONOCHIE He was the Superintendent of the Penal Colony at Norfolk

Island in Australia (1840) who introduced "Mark System," a system in which prisoner was
required to eam a number of marks based on proper department, labor and study in order to
entitle him for a ticket for leave or conditional release which is

similar to parole.

➤ SIR WALTER CROFTON, the director of Irish prisons. In his program, known as the Irish

system, prisoners progressed through three stages of confinement before they were
returned to civilian life. The first portion of the sentence was served in isolation. After that,
prisoners were assigned to group work projects. Finally, for six months or more before release,
the prisoners were transferred to "intermediate prisons," where they were supervised by unarmed
guards and given sufficient freedom and responsibility to demonstrate their fitness for release.
Release nonetheless depended upon the continued good conduct of the offender, who could be
returned to prison it necessary.

➤ MANUEL MONTESIMOS the Director of Prison in Valencia, Spain (1835) who divided the
number of prisoners into companies and appointed certain prisoners as petty officers in-charge,
which allowed good behavior to prepare the convict for gradual release.

➤ ZEBULON R. BROCKWAY The Superintendent of Elmira Reformatory in New York,

Brockway claimed to introduce a program of education, training in useful trades. physical
activity, indeterminate sentences, inmate classification according to "grades," and an incentive
program; his own reports of the accomplishments of the reformatory were highly influential in
prison reform across the nation. Publicly, Brockway claimed to believe that the aim of the prison
was to rehabilitate and not simply just to punish.

➤ SIR EVELYN RUGGLES-BRISE, (bom Dec. 6, 1857, Finchingfield. Essex. Eng-died Aug.
18. 1935, Peaslake. Surrey), prison reformer who was instrumental in the founding and
development of England's Borstal system for the treatment of young offenders.

In 1908 Parliament established the system that permitted magistrates to prescribe "Borstal
detention" as a separate sentence for young offenders. Ruggles-Brise was made a knight
commander of the Bath in 1902. He published Prison Reform at Home and Abroad (1924),
which gave his views of the penal systems of various countries.

BORSTAL INSTITUTION-is considered as the best reform institution for young offenders
today.

ENRICO FERRI (Italian), one of the most prominent followers of Lombroso. He stated that it is
noble mission to oppose the ferocious penalties of the middle ages but it is still nobler to forestall
crime. He argued that since the causes of crime could be identified and isolated, he calculated
that it could be controlled through prevention. He opined that the best preventive measures was
through the reformation of the society.

Chapter 3

HISTORICAL BACKGROUND OF CORRECTION IN LOCAL SETTING

HISTORICAL BACKGROUND IN LOCAL SETTING

Governance and Criminal justice in this country could be claimed to have started simultaneously
with the arrival of the ten datus and their barangays in this archipelago thousands of years ago.
They have reached this archipelago because of persecution from the authorities of the land from
where they came from. In effect, what happened to them is a de facto banishment reminiscent of
the colonization period that intensified in many countries at the height of the industrial revolution
in Europe. Prior to the coming of the Spaniards, available evidences pointed to the existence in
this country of a penal system although its jurisdiction is only tribal and localized. Some of these
legal and penal systems are the codes of Datu Sumakwel, Kalantiaw, Maragtas, Sikatuna and still
many others that left scant fraces in our history books. These early codes are likewise very
simple, easily understandable and therefore, subjects of those days find it easy to comprehend
and follow. Hence, the criminality does not pose a problem. Rather, violators are looked up as
aberrations, exceptions rather than the rule,

➤ KALANTIAW CODE, it was the governing law in the island of what is now Panay,
particularly in what is now the Province of Aklan, has been the governing law and is based on
beliets, customs and practice of those days. This Code also reflects the level of uprightness and
morality of the people. The entire Code of Kalantiaw contains only eighteen articles and they are
as follows:

Rule 1-Do not kill, steal, or ham old people. Punishment is drowning or boiling:

Rule 2-Pay all your debts promptly. Punishment for first offense is whipping of 100 lashes. If the
debt is large, the violator's hand will be immersed in boiling water three times. Second offense
will be death by beating:
Rule 3 Do not be lustful. Do not marry young girls nor marry more than you can handle and
support. First offense is swimming for three hours. Second offense is laceration by thorns:

Rule 4-Respect the dead, do not disturb their graves and burial places. First offense is exposure
to the ants while subsequent offense is beating to death by means of thoms;

Rule 5 Contracts shall be faithfully fulfilled. First offense is one hour whipping. Subsequent
offense is one day exposure to the ants:

Rule 6 Valuable trees and places that are holy should be respected. Fine for violation should be
equal to one month's labor and paid in gold or honey. Subsequent offense is the equivalent of five
years labor,
Rule 7-Cutting sacred trees, shooting arrows at old people treacherously, entering the Chief's
homes without permission is punishable by death:

Rule 8-Setting fire to another's crops, stealing the wives of Chiefs and owning dogs that bit the
Chiefs is punishable by one year slavery:

Rule 9-Those who sing at night while on the road, kill the manual bird, destroy the Chief's
records, deceive others and mock the dead will be beaten for two days:

Rule 10 Mothers should educate their daughters secretly about sex hygiene to prepare them for
motherhood. Men should be kind to their wives and should not harm them if they are caught in
adultery. Violators will be cut to pieces or thrown to the crocodiles:

Rule 11-Those who escape and evade punishment, kill young children and steal the wives of old
men will be burned alive:

Rule 12-Slaves who attack their Master or the Chiefs, masturbate, or destroy their anitos will be
drowned:
Rule 13-Those who steal from the Chiefs or old men will be exposed to the ants for a half day.

Rule 14-Those who refuse to marry their daughters to the sons of the Chiefs will be slaved for
life:

Rule 15 Those who kill the young of the manual birds or white monkeys, will be beaten;

Rule 16-Those who break the idols on their altars and temples, destroy the daggers used by the
priestesses for killing sacrificial pigs or break their wine vessels will have their fingers cut-off;

Rule 17-Those who destroy the altars and temples and urinates or defecates in these sacred
places will die; and

Rule 18-Chiefs who disobey any of these rules will be stoned or crushed to death while old men
who disobey will be fed to the sharks or crocodiles.

SIPAT, is a primitive law of those Tribes from Cordillera and Northern Luzon, While, BODONG,
is kind of court to settle tribal's disputes and even individual people's conflict in Cordillera
Province. This even existed up to this date. In fact, Father Conrado Balweg demanded the
Philippine Government to recognize their court system.

1521. The colonization and subjugation of the Spaniards to this country begins, Royal Decrees,
orders and ordinances from the King of Spain were applied and implemented in the colony.
These laws were incorporated to become the Recompilation of the Laws of the Indies. These
recompiled laws were in effect until 1887 when its implementation was held in abeyance owing
the opposition of the Spanish Governor General in the Philippines.

Corrections in the Philippines started during pre-colonial times when the task was community. It
was only during the Spanish regime that an organized corrective service was made operational.
Hereunder special accounts of the development of prison system in the Philippines during
Spanish period:
➤ Commandancias, this existed in all provinces and cities where Spanish colonizers exercise
strong control. Its equivalent of today is Police Stations or precincts. The laws were enforced by
the "Guardia Civil" or the equivalent of today's Police.

Bilibid Prison is the first penal institution in the country. This facility was constructed in 1847,
became operational in 1865 and was formally opened on April 10, 1866 by a Royal Decree. Its
physical lay-out was in conformity with the dominant concept of design existing in Europe
during that time. It was perfectly a replication of Millibank Penitentiary where it was constructed
in a radial spoke of wheel, it has a central tower, and the brigadas (building) were made of strong
adobe stones. It was situated at the heart of the City of Manila but was later on transferred to the
Muntinlupa following the inevitable development of the area for commercial purposes. In
addition, the Bilibid Prison in Manila has become overcrowded due to the considerable increase
in prison population. A 1969 Senate report prepared by Senator Salvador Laurel described the
Old Bilibid Prison as the "main insular penitentiary designed to house the prison population of
the country. This prison was known as the "Carcel y Presidion Correccional" and could
accommodate 1.127 prisoners. The Carcel was designed to house 600 prisoners who were
segregated according to class, sex, and crime while the Presidio could accommodate 527
prisoners. The Bureau of Prisons had a ship, the BUPRI, that transported goods and prisoners to
all penal establishments in the country.

- New Bilibid Prison The New Bilibid Prison is officially the "National Penitentiary" as provided
in the Revised Penal Code (Art. 84). Being the main prison, it receives all commitment of
convicted person from all parts of the Philippines after being sentenced by the respective courts,
it also houses most of the maximum security prisoners. It has also two (2) satellite camps aside
from maximum security camp-the Bukang Liwayway Camp (Minimum Security Camp) housed
inmates, which has six months or less to stay and they will be released and the Sampaguita Camp
(Medium Security Camp) which housed offenders sentenced to not more than 20 years. The New
Bilibid Prison, which is 587 hectares was constructed in 1936 and formally opened in 1940. It
became the New Bilibid Prison (NBP) while the one left behind in Manila was renamed the Old
Bilibid Prison to avoid confusion and became the seat of the Manila City Jail until this day.

- SAN RAMON PRISON AND PENAL FARM-About 4 years later after the formal opening of
Old Bilibid Prison, on August 21, 1870, San Ramon Prison and Penal Farm was established to
confine Muslim rebels and recalcitrant political prisoners opposed to the Spanish rules. The
facility, which faced the Jolo Sea, had Spanish-inspired dormitories and was originally set on
1.414-hectare sprawling estate. The biggest source of income of the Bureau of Correction came
from this colony. It was named in memory of its founder, Ramon Blanco, a Spanish Captain in
the Royal Army. It was closed during the Spanish-American War of 1898.

➤ BUREAU OF PRISON. When the Americans took over in the 1900s, the Bureau of Prisons
was created under the Reorganization Act of 1905 (Act No. 1407 dated November 1,1905) as an
agency under the Department of Commerce and Police. It was paved the way for the re-
establishment of San Ramon Prison in 1907, which was destroyed in 1898 during the Spanish-
American War. It placed under the auspices of the Bureau of Prisons and started receiving
prisoners from Mindanao.

BUREAU OF CORRECTIONS. The Bureau of Prisons was renamed Bureau of Corrections

under the New Administrative Code of 1987 and Proclamation No. 495 issued on November 22,
1989. it is one of the attached agencies of the Department of Justice. In the early days of the
Bureau of Corrections, penal institutions were established, closed or transferred to new sites.
These included the Old Bilibid Prison, new Bilibid Prison, Correctional Institution for Women,
Fort Bonifacio Prison, Iwahig Penal Colony, San Ramon Prison and Penal Farm, Davao Prison
and Penal Farm, Bontoc Prison, Sablayan Prison and Penal Farm and Leyte Regional Prison.

IWAHIG PENAL COLONY Before the construction of San Ramon Prison, the Americans
established in 1904 the luhit Penal Settlement or now known as the Iwahig Prison and Penal
Farm on a vast reservation of 28,072 hectares. It would reach a total land area of 40.000 hectares
in the late 1950s. The area was expanded to 41.007 hectares by virtue of executive Order No. 67
issued by Governor Newton Gilbert on October 15,1912. This is minimum security or open
institution. This is located in Puerto Princesa, Palawan. The main colony is at the Sta. Lucia sub-
colony (9,865), with Inagawan (13,000), Montible (8,000) and Central (14,700) sub-colonies.
The "Tagumpay Settlement" (1.000 hectares of land) which is the portion of the colony, is
divided into 6 hectares homestead parcel lots, and released to the inmates who wants to live in
the settlement with his family will awarded to him. The establishment of this facility was made
on the suggestion of Governor Luke E Wright who felt the need for an institution designed for
incorrigible offenders. The institution had for its first Superintendent LI. George Wolfe, a
member of the U.S. expeditionary force, who later became the first prison's director.

➤ CORRECTIONAL INSTITUTION FOR WOMEN With the approval of Act. No. 3579, on
November 27, 1929, the Correctional Institution for Women also known as the Correctional
Women's Institution was established in 1931 on an 18 hectares parcel of land located at
Welfareville, Mandaluyong. Metro Manila. Before the establishment of this institution, women
prisoners were confined in portion of the Bilibid Prison. In 1934, the position of female
Superintendent was created to superintend the operations of this penal facility. Today, the
institute is run entirely by female personnel with the exception of the perimeter guards who are
male.

Correctional Institution Women in Mindanao (CIW Mindanao), located at Juan Acenas Sub-
Colony, in Sto. Tomas, Davao del Norte is now accepting female Inmates coming from all over
the Mindanao region. The CIW Mindanao is a milestone project, the first facility to be
established outside of Luzon after 70 years. The plan to establish a Correctional Institution for
Women in Mindanao came from the initiative of the gender advocacy of the Women Network
group (WOMYNET) and other women organization in Davao City. On September 18, 2007 it
was finally inaugurated.

➤ INMATE RECEPTION & EDUCATION CENTER-Formerly known as Inmate Reception

and Diagnostic Center (IRDC) situated inside the Sampaguita Camp. This was established by
virtue of Administrative Order # 11 by the Secretary of Justice in 1953. This is a separate
institution which serve as a place where scientific diagnostic study and analysis of the prisoner's
personal problem, criminal or non-criminal background, as well as the possibilities of his
rehabilitation by a team of experts, are studied, evaluated and the program of activities he will
follow when he is transferred to the prison institution he is assigned in accordance with the
classification he is classified - whether as maximum, medium or minimum security prisoner.

➤ DAVAO PENAL COLONY -The Davao Penal Colony with an area of 18,000 hectares is
located at Panabo, and Kapalong (2 sub-colonies) Towns, Davao del Norte. This was opened and
established in January 21, 1932 by virtue of the same that established New Bilibid Prison,
Republic Act No. 3732 and Proclamation No. 414. The colony housed both medium and
minimum security prisoners who work in the abaca, banana and other plantations under armed
escorts. It was Retired General Paulino Santos who led the first contingent of prisoners who were
placed in this institution. During World War II, the colony was used by the Japanese Imperial
Forces as intemment and concentration camp for captured American Prisoners of War (POW).
The prisoners who were destined here were transferred by the Japanese to the Inagawan sub-
colony of Iwahig Penal Colony, Before the Japanese left the facility due to the return of the
Americans, they destroyed all its buildings, machineries and Industries. By August 1946, the
colony was able to re-establish its pre-war status. At present, the colony, houses medium and
minimum security prisoners. Like Iwahig Penal Colony, it has also a Settlement Site for released
prisoners who wish to stay in the colony, the so-called Tanglaw Settlement. This is the first penal
settlement founded and organized under the Filipino administration.
SABLAYAN PENAL COLONY-With an area of 16,408.5 hectares, it is located in the
Municipality of Sablayan, Occidental Mindoro was opened on September 26, 1954 by virtue of
Proclamation No. 72. The rationale for its opening and establishment was the overcrowding of
the New Bilibid Prison. The first contingent of prison personnel and prisoners were drawn from
the Iwahig Penal Colony.

LEYTE REGIONAL PRISON - this was built by the Bureau of Prisons in Abuyog, Leyte on
January 16, 1973 on the orders issued under the Martial Low (Proclamation No. 1101 and
Presidential Decree No. 28) by President Ferdinand E Marcos.

FORT BONIFACIO PRISON-A committee report submitted to then President Carlos P Garcia
described Fort Bonifacio, formerly known as Fort William McKinley, as the military reservation
located in Makati, which was established after the Americans came to the Philippines. The prison
was originally used as a detention center for offenders of US military laws and ordinances.
During the administration of President Diosdado Macapagal, the Fort was renamed Fort Andres
Bonifacio. The correctional facility was also renamed as Fort Bonifacio Prison.

Chapter 4

PHILIPPINE CORRECTION SYSTEM

Present Correctional System in the Philippines

PHILIPPINE CORRECTIONS is the fourth pillar of the Philippine Criminal Justice System
composed of two major and equally significant components: Institutional Corrections and Non-
Institutional Corrections. Both are being implemented by three departments of the executive
branch of the government, such as:

1. DEPARTMENT OF JUSTICE - manages the national prisoners.

2. DEPARTMENT OF INTERIOR AND LOCAL GOVERNMENT (DILG) - manages inmates
who are undergoing investigation, awaiting or undergoing trial, awaiting final judgment and
those who are convicted by imprisonment of up to three years.

3. DEPARTMENT OF SOCIAL WELFARE AND DEVELOPMENT (DSWD) operates

Regional Rehabilitation Centers and assumes responsibility for the restorative part of the
correction system by maintaining centers for the care and restoration of abused women and
children who are in conflict with the law.

Institution under Department of Justice (DOJ)

1. BUREAU OF CORRECTIONS (BUCOR) the BuCor is given the principal task of the
rehabilitation of prisoners confined in national prisons so they can become useful members of
society upon completion of their service of sentence.

2. BOARD OF PARDONS AND PAROLE (BPP) - It recommends to the President the prisoners
who are qualified for parole, pardon or other forms of executive clemency in the form of
reprieve, commutation of sentence, conditional pardon and absolute pardon.

3. PAROLE AND PROBATIONS ADMINISTRATION (PPA) conducts post-sentence

investigation of petitioners for probation as referred by the courts, as well as pre- parole/pre-
executive clemency investigation to determine the suitability of the offender to be reintegrated in
the community instead of serving their sentence inside an institution or prison; exercises general
supervision over all parolees and probationers and promotes the correction and rehabilitation of
oftenders outside the prison institution.

Institution under DILG

1. BUREAU OF JAIL MANAGEMENT AND PENOLOGY (BJMP) has jurisdiction over all
municipal, city and district jails nationwide.
2. PROVINCIAL LOCAL GOVERNMENT UNIT-operates all provincial jails not properly
turned over to the Bureau of Jail Management and Penology.

3. PHILIPPINE NATIONAL POLICE (PNP)-likewise maintains detention facilities in its

different police stations nationwide and custodial center inside the PNP Headquarters. Camp
Crame.

Institution under DSWD

1. AGRICULTURAL CAMP-A CICL may, after conviction and upon order of the court, be made
to serve his/her sentence, in lieu of confinement in a regular penal institution, in an agricultural
camp and other training facilities that may be established, maintained. supervised and controlled
by the BUCOR, in coordination with the DSWD.

2. YOUTH DETENTION HOME refers to a 24-hour child-caring institution managed by

accredited local government units (LGUs) and licensed and/or accredited nongovernment
organizations (NGOs) providing short-term residential care for CICL who are waiting court
disposition of their cases or transfer to other agencies or jurisdiction.

3. YOUTH REHABILITATION CENTER-refers to a 24-hour residential care facility managed

by DSWD. LGUs, licensed and/or accredited NGOs monitored by the DSWD, which provides
care, treatment and rehabilitation services for children in conflict with the law. Rehabilitation
services are provided under the guidance of a trained staff where residents are cared for under a
structured therapeutic environment with the end view of reintegrating them into their families
and communities as socially functioning individuals.

4. BAHAY PAG-ASA-refers to a 24-hour child-caring institution established, funded and

managed by local government units (LGUs) and licensed and/or accredited nongovernment
organizations (NGOs) providing short-term residential care for CICL who are above fifteen (15)
but below eighteen (18) years of age who are awaiting court disposition of their cases or transfer
to other agencies or jurisdiction.

Example of Youth Rehabilitation Center

1. MARILLAC HILLS (run by the DSWD) is a rehabilitation center and shelter both for abused
and troubled girls, as well as female CICL. The institution is affiliated with a school that
provides the center's residents with formal education. It is located at Northgate Avenue, Cyber
zone, Filinvest Corporation City, Alabang, Muntinlupa.

2. NATIONAL TRAINING SCHOOL FOR BOYS (NTSB) (run by the DSWD)-aresidential

facility that provides care and rehabilitation to juvenile in conflict with the law. The institution is
located at Camp Capinpin Compound, Sampaloc, Tanay Rizal.

3. NAYON NG KABATAAN (run by the DSWD) a residential institution for abused, orphaned,
abandoned, neglected and exploited children ages seven (7) to seventeen (17) years old. Located
at Addition Hills, Welfareville Compound, Mandaluyong City.

INSTITUTION-BASED CORRECTIONAL PRACTICE

Offenders found guilty and sentenced by the courts for confinement are categorized based on
their length of sentence into either a municipal, city, provincial or national prisoner and they will
be sent accordingly to either a municipal, city, provincial or national prison facilities based on
these categorizations.

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

flexible types of physical plants for more effective custody, security and control of the treatment
programs of its diversified population. It also refers to the principle of separating homogenous
type of prisoners that requires special treatment and custody. Separation can be done through
proper classification of inmates. It can be done either building special institution for different
classes of prisoners through proper segregation of inmates that is big institution can be broken
into smaller units. This aims to prevent prisoners from moral and physical contamination of one
group by another, more effective execution of treatment programs and prevent unnecessary
custodial risks.

➤ Classification is a method by which diagnosis, treatment planning and execution of the

treatment programs are coordinated in the individual case study. It is a process of determining the
needs and requirement of prisoners for assigning them to programs according to their needs and
existing resources.

The Classification Process is adopted to determine the work assignment, type of supervision and
custody which will be applied to the prisoners. Classification procedures are:

1. Diagnosis, wherein prisoner's case history is taken and his personality is being

studied through examination and observations: 2. Treatment Planning, is the formulation of

tentative treatment program suited for the prisoners;

3. Execution of the Treatment Program, is the application of the treatment programs and policies
by the classification committee:

4. Re-classification, treatment program is kept current with the inmates changing needs.

➤ SECURITY involves safety measures to maintain the orderliness and discipline within the jail
or prison while, CONTROL involves supervision of prisoners to ensure punctual and orderly
movement from one place work program or assignment to another. PRISON DISCIPLINE is the
state of good order and behavior. It includes maintenance of good standard of works, sanitation,
safety, education, health, and recreation. It aims at self-reliance, self-control, self-respect and
self-discipline while, PREVENTIVE DISCIPLINE is the prompt correction of minor deviations
committed by prisoners before they become serious violations.

Custody is the guarding or penal safekeeping: it involves security measures to ensure security
and control within the prison. The Prison Custodial Division caries it out. This division is also
charged of all matters pertaining to the custody of the prisoners and security of the institution..

- National Prisoners are also referred to under the law as Insular prisoners. They are those whose
sentence is for more than three years and are sent to BUCOR.
Those sentenced to six months and one day up to three years, of imprisonment are categorized as
provincial prisoners and sent to serve in the provincial jails having jurisdiction of their sentence.

An offender sentenced up to six months in prison is categorized as a municipal prisoner and will
serve time at the jail of the municipality where the offender is convicted.

Those who were convicted in city courts and sentenced to a maximum of three years (city
prisoners) will be sent to serve their time in city jails.

(In effect, city jails are the same as a municipal and provincial jail combined).

Sentenced youth offenders are sent to Regional Rehabilitation Centers operated by the DSWD.

The Courts and entities authorized to commit a person to prison and jails are: 1) Supreme Court,
2) Court of Appeals, 3) Regional Trial Court, 4) Metropolitan/Municipal Trail Court. 5)
Municipal Circuit Trial Court, 6) Board of Transportation, 7) Deportation Board. 8) Commission
on Elections. 9) National Prosecution Service, 10) Police Authorities, 11) All other
administrative bodies as may be authorized by the law.

Convicts committed to the BUCOR for confinement are brought for admission at the Reception
and Diagnostic Center (RDC). The RDC at the New Bilibid Reservation in Muntinlupa City,
Metro Manila will receive prisoners coming from all over the country except those sentenced by
courts having jurisdiction for the provinces of Zamboanga del Norte, Zamboanga del Sur,
Basilan, Sulu, and Tawi-Tawi who will be brought to the san Ramon Prison and Penal Farm
which also has an RDC facility inside the colony, Inmates accepted by the RDC will be studied
and classified, the purpose of which, is the formulation of an individualized treatment programs
designed to achieve the most successful rehabilitation.

Sentenced prisoners slapped with the death penalty are not eligible for admission and
classification at the RDC. The Supreme Court rings them directly to the Death Row where they
will await automatic review of their case. Female Inmates for incarceration as national prisoners
or those with more than three years maximum sentence will be brought directly to the
Correctional Institute for Women Mandaluyong City. Metro Manila and will also undergo
classification at the RDC facility there.

➤ Upon admission. the inmate or detainee if he has a pending case, will be put in quarantine in a
designated cell at the RDC for a minimum of five days during which he shall be administered the
following:

1) Physical and mental examination to determine fitness. Those found to have infectious diseases
and if sick, are brought to the New Bilibid Prison hospital for medical treatment:

2) Orientation on prison rules that must be observed by the inmate; and

3) Private interview by a counselor, social worker, psychologist or whoever is available.

Within 55 days upon arrival at the RDC, the inmate will undergo various tests that will serve as
the basis for his individualized treatment program. These tests are: psychiatric, psychological,
sociological, vocational, educational, religious, IQ test and other tests necessary to come up with
the treatment program. After this he shall then be assigned to any of the six prison facilities of
the BUCOR. These are the New Biliibid Prison (NBP), Sablayan Prison and Penal Farm, Iwahig
Prison and Penal Farm. San Ramon Prison and Penal Farm, Davao Prison and Penal Farm and
Leyte Prison and Penal Farm.

Upon admission, the inmate will be issued two regulation uniforms, two T-shirts, one pair of
slippers, a blanket, mat, pillow with case, mosquito net, and one set mess kit. But this depends on
supply availability.

The inmate may bring his own clothes and other personal items essential for his wellbeing inside
the facility provided that the volume of his possessions he will be bringing in will not
compromise safety and the situation of his fellow inmates.
Electrical equipment like television set, radio, cassette, video players, electric fans and the like
may be allowed to be brought in by the Chief RDC as long as this will not be exclusively used by
the owning inmate but will be shared with others.

Unauthorized items brought in by the inmate will be placed to the custody of the guard in charge
thereof properly receipted to be returned upon release or disposed later at the inmates request or
ordered condemned by the Superintendent after two years.

A Classification Board is tasked to classify inmate as to security status and for privilege
entitlement.

The Classification Board shall have the following composition:

Chairman-Penal Superintendent.

Vice-Chairman-Chief, Reception and Diagnostic Center. Member-Medical Officer,

Member - Chief, Education Section,

Member - Agro-Industries Section, Secretary - Chief Overseer.

The Classification Board will classify inmate as to security status, which are: maximum. medium
or minimum security.

Maximum Security Inmates are those sentenced to death. 20 years minimum sentence, remand
inmates or detainees with 20 years minimum sentence, sentence under review by the Supreme
Court, sentence under appeal, those with pending cases, recidivists, habitual delinquents and
escapees, those under disciplinary punishment or safekeeping, and those who are criminally
insane or with severe personality or emotional disorders and are a danger to others. Inmates still
confined at RDC are automatically categorized as maximum-security inmate. Building 14
(Considered the Super Maximum Compound of the Bureau of Correction) where incorrigible
prisoners from the maximum compound where being placed and separated for intense
disciplinary approaches.
Medium Security Inmates are those with less than 20 years sentence, remand inmates or
detainees below 20 years sentence, 18 years old and below regardless of case sentence, those
who have 2 ar more escape records but have served five years since recommitment, and those
sentenced to life imprisonment who have served five years since recommitment, and those with
one record of escape but have served five years since recommitment, and those sentenced to life
imprisonment who have served at least 5 years as maximum security and upon recommendation
of the Superintendent.

Minimum Security Inmates are those with severe physical handicap as certified by the chief
prison medical officer, 65 years old and above and not on appeal or without pending case; those
who have served at least % of their minimum sentence or 1/3 of their maximum sentence
excluding Good Conduct and Time Allowance (GCTA), and those with only 6 months to serve
before expiration of maximum sentence.

➤ Philippines-Japan Halfway House. The Half-way House was the brainchild of the late Dr.
Cicero Campos whos was the first President o the Philippine Public Safety College (PPSC). The
ten proposed project was first brought to the attention of the United Nations Asia and Far East
Institute (UNAFEI) Filipino Alumni by Assistant Chief State Prosecutor Severino Gana Jr. of the
Department of Justice (DOJ) and member of Asia Crime Prevention Philippines, Inc. (ACPPI).
In turn, Mr. Shikita made a request to the Nagoya West Lions Club (NWLC), an ardent supporter
of ACPF in all of its activities to help shoulder the cost of the incipient project. True to their
word, the said organization donated 8 million pesos for the construction of the edifice. Several
programs and services such as casework and counseling services, productivity training, homelife
services, medical and health services, and placement services are continuously being provided to
prepare inmates to become useful and productive citizens in the mainstream of society upon their
release.

Chapter 5

BUREAU OF CORRECTIONS

Briefed History
REORGANIZATION ACT 1407 was passed into law in November 1, 1905 mandating the
Philippine Commission to create the Bureau of Prisons under the Department of Commerce and
Police.

EXECUTIVE ORDER 292, Book IV, Title III, Chapter 8, Sec. 26 created the Bureau of
Corrections which shall have its principal task the rehabilitation of prisoner. The BuCor shall
exercise such powers and functions as are now provided for the Bureau of Prisons or may
hereafter be provided by law.

BUCOR is an integral bureau of the DOJ mandated to carry out the institutional rehabilitation
programs of the government for national offenders, or those who are sentenced to more than 3
years of imprisonment, and to ensure their safe custody.

Functions of BUCOR

1. To confine prisoners by giving them adequate living spaces as the first conditions to be met
before any effective rehabilitation programs can be undertaken.

2. To prevent prisoners from committing crimes while in custody.

3. To provide humane treatment by affording them human basic needs in the prison environment
and prohibiting cruel methods and provide a variety of rehabilitation program.

Mandates of BUCOR

1. SAFEKEEPING OF NATIONAL INMATES-The safekeeping of inmates shall include decent

provision of quarters, food, water and clothing in compliance with established United Nations
standards. The security of the inmates shall be undertaken by the Custodial Force consisting of
Corrections Officers with a ranking system and salary grades similar to its counterpart in the
BJMP.
2. REFORMATION OF NATIONAL INMATES The reformation programs shall be the
following:

a. Moral and Spiritual Program; . Education and Training Program:

b c. Work and Livelihood Program:

d. Sports and Recreation Program:

e. Health and Welfare Program: and

f. Behavior Modification Program, to include Therapeutic Community.

SAFEKEEPING is the custodial component of the BuCor's present corrections system, shall
refer to the act that ensures the public (including families of inmates and their victims) that
national inmates are provided with their basic needs, completely incapacitated from further
committing criminal acts, and have been totally cut off from their criminal networks (or contacts
in the free society) while serving sentence inside the premises of the national penitentiary.

REFORMATION is the rehabilitation component of the BuCor's present corrections system,

shall refer to the acts which ensure the public (including families of inmates and their victims)
that released national inmates are no longer harmful to the community by becoming reformed
individuals prepared to live a normal and productive life upon reintegration to the mainstream
society..

WHO ARE INCHARGE FOR THE SECURITY AND REFORMATION OF PRISONERS?

CUSTODIAL FORCE-shall be in charge for the security of inmates.

CORRECTIONS TECHNICAL OFFICERS are personnel employed in the implementation of

reformation programs and those personnel whose nature of work requires proximate or direct
contact with inmates.
CORRECTIONS TECHNICAL OFFICERS include priests, evangelists, pastors, teachers.
instructors, professors, vocational placement officers, librarians, guidance counselors.
physicians, nurses, medical technologists, pharmacists, dentists, therapists, psychologists,
psychiatrists, sociologists, social workers, engineers, electricians, agriculturists, veterinarians,
lawyers and similar professional skills relevant to the implementation of inmate reformation
programs.

ORGANIZATION AND KEY POSITION OF THE BUCOR

The BuCar shall be headed by a DIRECTOR who shall be assisted by three (3)

Deputy Directors:

1. One (1) for Administration:

2. One (1) for Security and Operations; and

3. One (1) for Reformation. All of whom shall be appointed by the President upon the
recommendation of the Secretary of the DOJ.

NOTE: This is based on the new law R.A. No. 10575-Known as "An Act Strengthening the
BUCOR and Providing Funds Therefor.

WHO WILL APPOINT PERSONNEL OF THE BUCOR?

1. DIRECTOR GENERAL OF CORRECTIONS- Shall appoint the rank of Corrections Officer I

to Corrections Chief Superintendent and attested by the Civil Service Commission (CSC).
2. THE PRESIDENT Shall appoint the Director General of Corrections and Deputy Director of
Corrections upon the recommendation of the Secretary of the DOJ, with the proper endorsement
by the Chairman of the CSC.

SEVEN PENAL INSTITUTION OF THE BUCOR

1. NEW BILIBID PRISON (NBP) The NBP in Muntinlupa City, Philippines, is the main insular
penitentiary designed to house the prison population of the Philippines. NBP is the central office,
from where the seat of administration and organizational power emanates. The NBP houses the
following Camps the Maximum Security, the Medium Security and the Minimum Security
Camps.

The Old Bilibid Prison, then known as CARCEL Y PRESIDIO CORRECCIONAL occupied a
rectangular piece of land which was part of the Mayhalique Estate in the heart of Manila. The old
prison was established on June 25, 1865 under a Spanish royal decree. It is divided into two
sections the CARCEL SECTION which could accommodate 600 inmates and THE PRESIDIO,
which could accommodate 527 prisoners..

2. CORRECTIONAL INSTITUTION FOR WOMEN (CIW) - On November 27, 1929, after a

series of negotiations started by Prison Director Ramon Victorio (director from 1924 to 1930),
the Philippine Legislature passed R.A. No. 3579 into law establishing the CIW. On February 14,
1931, the women prisoners were transferred from the Old Bilibid Prison to a building in
Welfareville Compound, Nueve de Pebrero, Mandaluyong City. Its old name, "Women's Prison,"
was changed to "Correctional Institution for Women." This was in keeping with emerging trends
in penology, which emphasized correction rather than punishment. The CIW is the only prison
for women offenders.

3. DAVAO PRISON AND PENAL FARM (DPPF) - The Davao Penal Colony now known as the
DPPF was the first penal settlement founded and organized under Filipino administration. The
settlement, which originally had an area of approximately 30,000 hectares in the districts of
Panabo and Tagum, Davao del Norte, was formally established on January 21, 1932 by virtue of
Act No. 3732.
The colony is subdivided into three sub-colonies: the Panabo Sub-colony, the Kapalong Sub-
colony and the Abaca Decorticating Plant. Davao has also a settlement site the Tanglaw
Settlement for released prisoners who no longer wish to retum to their homes but choose to
remain in Davao as homesteaders.

4. IWAHIG PRISON AND PENAL FARM (IPPF) - is the largest operating institution under the
BuCor, was established on November 16, 1904 in Puerto Princesa City, Palawan by the
Americans in 28,072 hectares of land on the order of Governor Forbes. The establishment of this
penal facility was made on the suggestion of Governor Luke E. Wright who felt the need for an
institution designed for incorrigible offenders and made as depository for the prisoners who
could not be accommodated at the Bilibid Prison. The institution had for its first Superintendent
Lt. George Wolfe, a member of the U.S. expeditionary force, who later became the first prisons
director.

Iwahig is subdivided into four zones or districts: Central Sub-Colony where the headquarters and
main buildings of the colony are located and which has an area of 14,700 hectares: Sta. Lucia
with 9.685 hectares: Montible with 8,000 hectares and the Inagawan Sub-Colony with 13,000
hectares.

This penal institution is the shinning symbol of the prison system in the Philippines for it
acquired for itself an international recognition as the first and most successful open penal
institution in the world. It was from this facility that the term "prison without walls" had its
beginnings. In the United Nations Congress on Crime Prevention and treatment of Offenders, the
Iwahig Penal Colony was acclaimed as the most advanced and unique type of institution in the
world.

5. SABLAYAN PRISON AND PENAL FARM is located in Occidental Mindoro was established
on September 27, 1954 under Proclamation Number 72. The penal colony has a total land area of
approximately 16,190 hectares. The first colonists and employees arrived in Sablayan on January
14, 1955.

6. SAN RAMON PRISON AND PENAL FARM (SPPF) was established in San Ramon,
Barangay Talisayan, Zamboanga City on August 21, 1870 through a royal decree promulgated in
1869. Established during the tenure of Governor General Ramon Blanco, a Spanish captain in the
royal army as Colonia Penal de San Ramon, the facility was originally established for persons
convicted of political crimes. It is considered the oldest penal facility in the country.

7 LEYTE REGIONAL PRISON (LRP) - The LRP was created on January 16, 1973 under
Proclamation Number 1101 in Abuyog, Leyte. LRP's program of rehabilitation includes Non-
formal education and applied training in building or residential wiring installation, horticulture,
automotive, carpentry and agro-industry. It has facilities to enhance rehabilitation thru sports and
recreations. Therapeutic Community program is also being undertaken for behavior
modification.

ADMISSION AND CONFINEMENT OF INMATES TO BUCOR

1. An inmate shall be admitted in the Reception and Diagnostic Center (RDC) 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.

2. Register the inmates to the registry book containing:

a. Name of the inmate:

b. Reason for the commitment and authority thereof,

c. Sentence:

d. Date and hour of admission

e. Date and hour of discharge or transfer and basis thereof.

3. After the 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.

4. Upon admission, the inmate will be issued two regulation uniforms, two T-shirts, one pair of
slippers, a blanket, mat, pillow with case, mosquito net, and one set mess kit. But this depends on
supply availability.

The inmate may bring his own clothes and other personal items essential for his wellbeing inside
the facility provided that the volume of his possessions he will be bringing in will not
compromise safety and the situation of his fellow inmates.

Electrical equipment like television set, radio, cassette, video players, electric fans and the like
may be allowed to be brought in by the Chief RDC as long as this will not be exclusively used by
the owning inmate but will be shared with others.

Unauthorized items brought in by the inmate will be placed to the custody of the guard in charge
thereof properly receipted to be returned upon release or disposed later at the inmates request or
ordered condemned by the Superintendent after two years.

RECEPTION AND DIAGNOSTIC CENTER (RDC)

Convicts committed to the BUCOR for confinement are brought for admission at the Reception
and Diagnostic Center (RDC). The RDC at the New Bilibid Reservation in Muntinlupa City,
Metro Manila will receive prisoners coming from all over the country except those sentenced by
courts having jurisdiction for the provinces of Zamboanga del Norte, Zamboanga del Sur,
Basilan. Sulu, and Tawi-Tawi who will be brought to the san Ramon Prison and Penal Farm
which also has an RDC facility inside the colony, Inmates accepted by the RDC will be studied
and classified. the purpose of which, is the formulation of an individualized treatment programs
designed to achieve the most successful rehabilitation.

Sentenced prisoners slapped with the death penalty are not eligible for admission and
classification at the RDC. The Supreme Court rings them directly to the Death Row where they
will await automatic review of their case. Female inmates for incarceration as national prisoners
or those with more than three years maximum sentence will be brought directly to the
Correctional Institute for Women Mandaluyong City, Metro Manila and will also undergo
classification at the RDC facility there.

Upon admission, the inmate or detainee if he has a pending case, will be put in quarantine in a
designated cell at the RDC for a minimum of five days during which he shall be administered the
following:

1) Physical and mental examination to determine fitness. Those found to have infectious diseases
and if sick, are brought to the New Bilibid. Prison hospital for medical treatment:

2) Orientation on prison rules that must be observed by the inmate; and

3) Private interview by a counselor, social worker, psychologist or whoever is available.

Within two months upon arrival at the RDC, the inmate will undergo various tests that will serve
as the basis for his individualized treatment program. These tests are: psychiatric, psychological,
sociological, vocational, educational, religious, IQ test and other tests necessary to come up with
the treatment program. After this he shall then be assigned to any of the six prison facilities of
the BUCOR. These are the New Bilibid Prison (NBP), Sablayan Prison and Penal Farm, Iwahig
Prison and Penal Farm. San Ramon Prison and Penal Farm, Davao Prison and Penal Farm and
Leyte Prison and Penal Farm.

SECURITY RISK CLASSIFICATION FOR BUCOR INMATES

1. Maximum Security Inmates are those sentenced to death. 20 years minimum sentence. remand
inmates or detainees with 20 years minimum sentence, sentence under review by the Supreme
Court, sentence under appeal, those with pending cases, recidivists, habitual delinquents and
escapees, those under disciplinary punishment or safekeeping. and those who are criminally
insane or with severe personality or emotional disorders and are a danger to others. Inmates still
confined at RDC are automatically categorized as maximum-security inmate. Building 14
(Considered the Super Maximum Compound of the Bureau of Correction) where incorrigible
prisoners from the maximum compound where being placed and separated for intense
disciplinary approaches. They wear color orange/tangerine.

2. Medium Security Inmates are those with less than 20 years sentence, remand inmates or
detainees below 20 years sentence. 18 years old and below regardless of case sentence, those
who have 2 or more escape records but have served five years since recommitment, and those
sentenced to life imprisonment who have served five years since recommitment, and those with
one record of escape but have served five years since recommitment, and those sentenced to life
imprisonment who have served at least 5 years as maximum security and upon recommendation
of the Superintendent. They wear blue.

3. Minimum Security Inmates are those with severe physical handicap as certified by the chief
prison medical officer, 65 years old and above and not on appeal or without pending case: those
who have served at least ½ of their minimum sentence or 1/3 of their maximum sentence
excluding Good Conduct and Time Allowance (GCTA), and those with only 6 months to serve
before expiration of maximum sentence. They wear brown.

MANNER OF RELEASING PRISONERS

1. A prisoner may be released by:

a. Service of sentence:

b. Order of the court

c. Parole
d. Pardon

f. Amnesty

g. Any lawful order of competent authority

2. If feasible, an inmate shall be notified of his release at least one week before the date of such
discharge

3. Before an inmate is released, he shall be properly identified to ensure that he is the same
person received and to be released. His marks and fingerprints shall be verified with those taken
when he was received.

4. No inmate shall be released on a mere verbal order or telephone. The release of an inmate by
reason of acquittal, dismissal of case, payment of fines and/or indemnity, or filing of bond, shall
only be given effect upon receipt of the Release Order.

a. An inmate shall be released promptly and without unreasonable delay. However, before the
release of the inmate who is suffering from contagious disease and who cannot defray the
expenses for his treatment, the warden concerned shall take the necessary steps to assist him in
securing accommodation in an appropriate government institution for follow-up treatment.

b. Under proper receipt, all money earned and other valuables held in trust when first admitted,
shall be returned to the inmate upon release.

c. The released inmate shall be issued a Certificate of Discharge from jail by the Warden or jailer.

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.

Who may authorize release?

The following are authorized to order or approve the release of inmates:

a. Supreme Court or lower courts, in cases of acquittal or grant of bail:

b. President of the Philippines, in cases of executive clemency or amnesty:

c. Board of Pardons and Parole, in parole cases; and d. Director, upon the expiration of sentence
of the inmate.

Chapter 6

BUREAU OF JAIL MANAGEMENT AND PENOLOGY

MANDATES

The Bureau of Jail Management and Penology was created on January 2.1991 pursuant to
Republic Act 6975. replacing its forerunner, the Office of the Jail Management and Penology of
the defunct Phil. Constabulary/ Integrated National police. The BJMP has jurisdiction over all
district, city and municipal jails. It is a line bureau of the Department of the Interior and Local
Government (DILG), As such, it shall ensure the establishment of secured, clean, adequately
equipped, and sanitary facilities and provision of quality services for the custody, safekeeping,
and development of district, city and municipal inmates, any fugitive from justice, or person
detained, awaiting or undergoing investigation or trial and/or transfer to the National
Penitentiary, and/or violent mentally ill person who endangers him/herself or the safety of others
as certified by the proper medical or health officer, pending transfer to a mental institution..
R.A No. 9263, known as the "Bureau of Fire Protection and Bureau of Jail Management and
Penology Professionalization Act of 2004", and its Implementing Rules and Regulation
strengthened the provisions of RA 6975, redefined many of the BJMP's existing policies and

restructured the Bureau's organization. VISION The BJMP envision itself as dynamic institution
highly regarded for it sustain

humane safekeeping and development of inmates.

MISSION-The Bureau aims to enhance public safety by providing humane safekeeping and
development of inmates in all district, city and municipal jails..

FUNCTIONS In line with its mission, the Bureau endeavors to perform the following functions:

a. Formulate policies and guidelines in the administration of all district, city and municipal jails
nationwide:

b. Implement strong security measures for the control of inmates:

c. Provides for the basic needs of inmates: d. Conduct activities for the development of inmates:

e. Improve jail facilities; and,

f. Promote the general welfare and development of personnel.

CORE VALUES- The personnel are guided by the following core values:

a. Commitment- strong sense of dedication to the ideals of the organization and to the public.
b. Respect for Human Rights- promote and protect the right of our fellow human beings.
c. Efficiency/Competence-mastery of important skills for delivery of quality services.

d. Self-Discipline-the ability to act regardless of emotional state, or to withstand undue and

unjust influence.

e. Teamwork-the combined effective action of al personnel.

OBJECTIVES-The objectives of the Bureau are the following:

a. To improve the living conditions of inmates in accordance with the accepted standards set by
the UN.

b. To enhance safekeeping and development of inmates in preparation for their eventual

reintegration into the mainstream of society upon their release: and.

c. To professionalize jail services.

PRINCIPLES The following principles shall be observed in the implementation of the preceding
section:

a. Humane treatment of inmates.

b. Observance of professionalism in that performance of duties.

c. Strengthened multi-sectoral approach in the safekeeping and development of Inmates through

active partnership with other menders of the criminal justice system and advocates in correction.

Organizational Set-up and Responsibilities

The BJMP is headed by a Chief who is assisted by two (2) Deputy Chiefs, one (1) for
Administration and another for Operations, and one (1) Chief of Directorial Staff, all of whom
are appointed by the President upon the recommendation of the of the DILG Secretary from
among the qualified officer with the rank of at least Senior Superintendent in the BJMP, The
Chief of the BJMP carries the rank of Director and serves a tour of duty that must not exceed.
four (4) years, unless extended by the President in times of war and other national emergencies.

Other BJMP Positions and Ranks

Regional Jail Director - Jail Senior Superintendent

Provincial Jail Administrator - Jail Superintendent

District Jalil Warden - Jail Superintendent

City Jail Warden-Chief Inspector

Municipal Jail Warden - Senior Inspector

Requirements for Commitment

The following are the requirements for commitment:

1. Commitment Order

2. Medical Certificate

3. Complaint/Information
4. Police Booking Sheet.

Reception Procedures in Jails

1. The jail desk officer carefully checks the credentials of the person bringing the inmate,

2. The jail desk officer examines the authenticity of commitment order or mittimus.

3. The admitting jail officer takes all cash and other personal property from the inmate, list them
down on a receipt form in duplicate, duly signed by him/her and countersigned by the inmate.

4. The property custodian takes all cash and valuables for safekeeping.

5. The inmate is fingerprinted and photographed.

6. The admitting jail officer accomplishes a jail booking report attaching the inmates photograph
for reference.

7. The newly admitted inmate is thoroughly strip-searched.

8. The jail medical personnel or the local health officer conducts a thorough medical

exam of the inmate.

9. Upon commitment, the inmate should be briefed on jail rules and regulations.

10. The sentenced inmates shall be provided with jail clothing.

11. Upon completion of reception procedures, the detainee is assigned to his quarters.

12. The detainee shall be apprised in a dialect which he/she understands on the provisions of Art.
29, RPC as amended by RA 6125 regarding preventive imprisonment.

13. If the inmate agrees to abide with the same disciplinary rules imposed upon convicted
persons, he/she shall be asked to sign a Detainee's Manifestation. otherwise the warden shall
issue a certification.

14. A detainee who signs the manifestation shall be treated as a sentenced inmate insofar as work
and discipline are concerned.

15. A detainee covered by a certification is not required to work but may be made to clean his/her
cell and such other necessary works for his hygiene and sanitary. He/she shall be credited 4/5 of
the fime during which he/she was detained.

16. Full credit for the preventive imprisonment shall commence from the date of the Detainee's
Manifestation.

The Classification Board

CLASSIFICATION OF INMATES refers to their grouping according to sentence, gender, age,

nationality, health and criminal records, among other. Each jail shall maintain a Classification
Board, to be composed of the following:

Chairman

Deputy Warden
Chief, Custodial/Security Office

Members

Medical Officer/Public Health Officer

Jail Chaplain

Inmates Welfare and Development Officer.

The Disciplinary Board

A DISCIPLINARY BOARD shall be organized and maintained by jails for the purpose of
hearing disciplinary cases involving any inmate who violate jail rules and regulations. 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. It shall be
composed of the following:

Chairman

Deputy Warden

Members

Chief, Custodial/Security Office

Medical Officer/Public Health Officer

Jail Chaplain

Inmates Welfare and Development Officer

Inmates' Representative.

SAFEKEEPING FUNCTIONS. COURTS AND OTHER ENTITLES AUTHORIZED TO

COMMIT A PERSON TO JAIL- The following (course and entitles) 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

h. All other administrative bodies or persons authorized by law to arrest and/or commit a person
to jail.

CATEGORIES OF INMATES-The two (2) general classes of inmates are:

a. Prisoner-inmate who is convicted by the final judgment.

b. Detainee-inmate who is undergoing investigation/trial or awaiting trial/sentencing.

CLASSIFICATION OF PRISONERS-The four (4) main classification of prisoners are:

a. Insular Prisoner- one who is sentenced to a prison term of three (3) years and one (1) day to
death.

b. Provincial Prisoner-one who is sentenced to a prison term of six (6) months & one (1) day
three (3) years. C. City Prisoner-one who is sentenced to a prison term of one (1) day to three (3)

years. d. Municipal Prisoner-one who is sentenced to a prison term of one (1) day to six (6)
months.

CLASSIFICATION OF DETAINEES-The three (3) types of detainees are those:

a. Undergoing investigation

b. Awaiting and undergoing trial; and.

c. Awaiting final judgment.

INMATES SECURITY CLASSIFICATION- The following are the classification inmates

according to risks:

a. High Risk Inmates

b. High Profile Inmates

c. Ordinary Inmates.
REQUIREMENT FOR COMMITMENTS-The following are the requirements for commitment:

a. Commitment Order

b. Medical Certificate

c. Police Booking Sheet.

CUSTODY, SECURITY AND CONTROL EMERGENCY PLANS, MOVEMENT AND

TRANSFER OF PROSONERS AND DETAINEES. CUSTODY, SECURITY AND CONTROL-
The following guidelines should be strictly observed in jail custody, security and control:

a. Conduct regular briefing for every shift, especially before any member of the custodial force
assume his/her duty and before the escort personnel leave with inmates for court hearing and
other authorized/lawful destination.

b. Maintain strict control of firearms. Never permit any firearm inside the jail except in some
areas where firearms are authorized.

c. Maintain 24-hour supervision of inmates:

d. Maintain a system of key control. Never permit thee inmates to handle keys.

e. Secure firearms and anti-riot equipment in the armory where they can be within easy reach of
jail officer in yet afford maximum security against access by inmates.

1. Supervise the proper use of tools and other potentially dangerous articles such as bottles,
acids, kitchen knives, etc., and keep them out of any inmates reach when not in use;
g. conduct regular inmates count, at least four (4) times within a 24-hours period. Establish
procedures, which will insure beyond doubt, that every inmates is physically present or
accounted for, at every count.

h. Conduct frequent surprise searches of inmates and their quarter to detect

contraband.

1. Conduct frequent inspections of security facilities to detect tampering or defects:

j. guard against escapes, assault on jail personnel and inmates disturbances;

k. Develop plans dealing with emergencies like escapes, fires, assaults and riots. Make these
plans known and understood by jail personnel:

1. Never allow gay and lesbian jail officer to perform search and custodial functions.

m. Never allow a jail officer to render successive shift of duty except in cases of emergencies:

n. Designate a gate supervisor for every shift who will be made administratively

responsible and accountable for a daily activities at the entrance gate of jail:

o. Never allow a jail officer to open the inmates' quarter alone. At lease one (1) other jail officer
should be present: and,
p. Select carefully the inmates to be assign as jail aide and maintain rigid control over their
activities. No inmate should be allowed to assumes any authority which belongs to jail personnel
or to exercise authority, supervision and control over other inmate.

INMATES COUNT- It is imperative that at specified times during each 24-hour period, all
inmates are physically counted. The counting must be accurate and if the total jail count does not
tally, a recount should be made.

SECURITY PROCEDURES DURING MEAL SERVICE-Security must be considered in the

serving of food inside the cells/quarters. A jail officer should not enter the inmates, quarter to
distribute food unless another officer is available to handle the keys and control the entrance
door. If only one officer is on duty, it is essential that the door be locked to preempt being
overpowered by the inmates.

DINING ROOM SECURITY As a general precaution, individual mess utensils of inmates shall
be made of plastic. After meals, check and accounts for all forks, spoon and other kitchen
utensils after every meal.

MAIL CENSORSHIP To ease the strain of detention, inmates shall be encouraged to maintain
wholesome contact with friends and relatives through correspondence. However, the privilege of
sending and receiving mail that is extended to inmates shall be properly supervised and handled
to obviate the possibility of smuggling contraband and to use this medium as a means of illicit
communication. Mail shall be distributed to the concemed inmates after authorized jail personnel
have examined it.

EMERGENCY PLANS. Emergency plans for both natural and man-made calamities and other
forms of jail disturbances shall be formulated to suit the physical structure and other factors
peculiar to every jaill, such as: Natural and Man-made Calamities / Disturbances.

MOVEMENT/TRANSFER OF INMATES. Inmates may be moved or transferred under the

following circumstances:
a. Subject to the conditions set forth by the succeeding Sections, an inmate may be brought out
from jail in any of the following instances:

1) To appear, as witness or as accused, before any court of justice during preliminary

investigation, arraignment or hearing of a criminal case:

2) To appear, as witness with leave of court in any investigation or formal inquiry being
conducted by a government agency:

3) To view with leave of court the remains of a deceased relative within the second degree of
affinity or consanguinity; and,

4) To undergo with leave of court medical examination or treatment in an outside hospital or

clinic.

b. An inmate maybe 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 detainee has to be immediately taken to the nearest hospital, with the Court
subsequently notified..

c. In any emergency or other compelling situations/necessities when the transfer to other jails of
inmates involved is necessary to ensure the safety and security of the inmates and personnel, the
Warden can recommend to the Regional Director verbally or in writing. their immediate transfer
to another jail within the region provided that, on the first hour of

the following working day, the Court concerned must be informed of the said transfer.

d. For those inmates who wish to view the remains of the deceased relative, leave of court shall
be first obtained. However, the Warden may request reconsideration form the court to recall and
disapprove said order under any of the following grounds:
1) The deceased relative is lying-in-state in a place beyond thirty (30) -kilometer radius from the
place of confinement of the inmate or, in any case, where the inmate cannot return to said place
during daylight hours:

2) The detainee has a record of escape; and,

3) The detainee is classified as high risk / high profile and the jail has inadequate resources to
ensure his/her safety and security.

e. Before leaving the jail for the authorized destination, the inmate shall turn-over to the Warden
such amount that may be necessary to pay for his transportation and meal expenses and those of
the jail officers escorting him.

COOPERATION AMONG JAIL WARDENS ON TEMPORARY DETENTION OF INMATES -

Jail Wardens must agree on the use of facilities for the temporary detention or imprisonment of
an inmate from other localities before, during an dafter trial. Wardens effecting the
movement/transfer of an inmate shall shoulder all expenses for transportation and other
incidental expenses of the same while confined in other jails.

RULES TO BE FOLLOWED DURING MOVEMENT / TRANSFER OF INMATES -

Whenever the movement / transfer of inmates to other jails is effected, the following rules shall
be observed:

a) The responsibility for the security of the inmate being moved / transferred shall remain with
the custodian until received by another custodian. Whenever possible, it should be made during
daytime and it must be treated confidentially.

b) All jail officers shall be given detailed instructions on their duties and responsibilities, to
include that the most direct route to the destination must be followed.
c) An inmate moved / transferred shall be handcuffed.When two or more inmates are transported,
each must be secured to the other.

d) All inmates shall be inspected and searched for dangerous weapons or objects which may be
used for escape or self destruction.

f) The following basic security precautions shall be observed during the transfer of

inmates:

1) Do not allow inmates to tinker with the handcufts:

2) Regard all inmates as extremely notorious to avoid being careless;

3) Do not allow an inmate to go to a toilet or wash room alone;

4) A jail officer shall always walk one step behind and never in front of an
inmate. The inmate shall always precede the jail officer into an

automobile..

5) Stopping along the highway while in transit is highly discouraged.

g) In case an inmate is moved / transferred from one jail to another facility or correctional
institution, his carpeta must be forwarded to the jail where he is to be confined and duly received
by the designated Records Custodian.
RIGHTS OF INMATES - Although the purpose for committing a person on jail is to deprive him
of liberty in order to protect society against crime, such person is still entitled to certain rights
even while in detention. These rights are:

a) The right to be treated as human being, and not to be subjected to corporal

punishment:

b) The right to be informed of the regulations governing the detention center;

c) The right to adequate food, space and ventilation, rest and recreation;

d) The right to avail of medical, dental and other health services:

e) The right to be visited by his counsel anytime:

1) The right to practice his religious beliefs and moral precepts:

g) The right to vote unless disqualified by law

h) The right to separate detention facilities or cells particularly for women inmates:

i) if a foreigner, the right to communicate with his embassy or consulate.

PRIVILEGES ALLOWED FOR INMATES Inmates may enjoy the following privileges:

a) To wear their own clothes while in confinement;

b) To write letters, subject to censorship, provided that expenses for such correspondence shall
be bome by them:

c) To receive visitors during visiting hours. However, visiting privileges may be denied in
accordance with the rules and whenever public safety so requires:

d) To receive books, letters, magazines, newspapers and other periodicals that the jail authorities
may allow;

e) To be treated by their own doctor and dentist at their expense upon request from and approval
by appropriate authorities;

f) To be treated in a government or private hospital, provided it is deemed necessary

and allowed by the rules:

g) To request free legal aid if available:

h) To sport hair in their customary style, provided it is decent and allowed by the jail authorities:

i) To receive fruits and prepared foods, subject to inspection and approval by jail officials:

j) To read books and other reading materials available in the library, if any

k) To maintain cleanliness in their cells and brigades or jail premises and perform other

work as may be necessary for hygienic and sanitary purposes; and,

1) To be entitled to Good Conduct Time Allowance (GCTA) as provided by law.

MODES AND GUIDELINES OF RELEASE The following modes and guidelines shall be
observed when inmates are to be released from detention.

A. An inmate may be released through:

1) Service of Sentence

2) Order of the Court

3) Parole

4) Pardon

5) Amnesty.

B. Before an inmate is released, he shall be properly identified to ensure that he is the same
person received and will be released. His marks and fingerprints shall be verified with those
taken when he was received, any changes or differences in his distinguishing marks and scars
shall be investigated to ascertain his real identity in order to prevent the mistaken release of
another person.

C. No inmate shall be released on a mere verbal order or an order relayed by telephone. The
release of an inmate by reason of acquittal, dismissal of case, payment of fines and or indemnity,
or filing of bond shall be effected 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 was charged
with, the criminal case number and such other details that will enable the Jail Officer to properly
identify the inmate to be released.
Chapter 7

SEARCHES AND PROVINCIAL JAILS AND REHABILITATION CENTERS

Searches

Purpose: Protect staff and residents and reduce the potential for escape by:

1. Controlling what the resident has in their possession.

2. Reducing Contraband

3. Controlling what enters the facility

Categories:

STRATEGIC-A planned search scheduled at specific times, locations or occasions TACTICAL-

Searches conducted as a result of emergency or crises.

RANDOM-Searches conducted for no apparent reason, at any given time.

Search Levels:

Cursory-On going "visual" search of a resident, person, place or thing..

➤ Inspection A "conditional standard" check of a resident, resident, place or thing.

Amplified- A personal search of resident, place or thing.

Personal Searches:

THREE TYPES OF BODY SEARCHES

The Pat-frisk or Pat-down search This is an extemal inspection of fully clothed resident. It is
least intrusive search because the officer only feels exterior surfaces to determine whether any
items are being concealed.

The Strip Search - this is more intrusive than a pat-frisk search because the naked

body and its cavities are visually inspected ➤ The Cavity Search - As residents became
increasingly creative in their efforts to conceal contraband, the need for internal cavity search
emerged. (Note: This kind of search demand justification based on reasonable suspicion)

When is a pat-frisk search required?

When a resident move from one area of the facility to another. After a resident leaves a work
assignment.

When a Resident return to the supervision of a staff member after being in an unsupervised
situation such as a religious activity conducted by outside volunteer.

When is a strip search required?

Upon initial admission or readmission to the facility. After any contact visits

➤ When you have reason to suspect that the resident has contraband
(Note: Pat-down searches are used to control movement of contraband within the facility.

Strip searches are used to control the entry of contraband in the facility).

Area Search:

Like body searches, an area search can be:

- Strategic-Set place and time

Tactical-The result of some emergency crises

Random No apparent reason. Unannounced or expected.

The typical areas in a correctional facility which will need search in a regular basis is the housing
unit or cell

CELL SEARCH-Prior to the search, make sure you have the appropriate equipment and
adequate staff to control any resident/s that may have to be removed from the housing unit and/or
contained while search is in progress.

COUNTING PROCEDURES:

Formal Count -is a regular, required count of all residents in the institution. It is normally done
five to six times each 24-hour period.

Census/Informal Count is a frequent but irregular check to verify that all

residents under the supervision of an officer are present. This count is often done on work details
or programs.

Emergency Count is taken due to unusual circumstances, such as escapes, riots, or disturbances.

INMATES DISCIPLINE AND ORDER is defined as the maintenance of good standards of

works: sanitation: safety: dedication: personal health and recreation and the ultimate goal is to
develop self reliance: self-control: self-respect; and most especially self- discipline.

MODIFIED THERAPEUTIC COMMUNITY are value added and complement the minimum
standards expected to be fundamental to nay residential childcare facility. This is a framework
for quality provision of residential establishment as regulated by the Department of Education
and adopted in prison and jails. These communities have separate mechanism for accountability
but aspire to the same principle, notably: have a specific and acknowledged model, on which
these standard are based; work in a psycho-dynamic way, and work explicitly with the
unconscious and feelings.

INMATE'S WELFARE AND DEVELOPMENT PROGRAM (IWDP) "The Smarter Version of

the Rehabilitation Program" is a set of physical, psychological, intellectual, vocational, and
spiritual activities or interventions that facilitate inmate's well-being and enhancement in
accordance with the accepted social norms and ethical standards. IWP Services and Activities
include: Provision of Basic Needs: Health Care Services: Livelihood Services: Educational
Services: Sports and Recreation Services: Visitation Services: Paralegal and Religious Services.

INMATES CLASSFICATION UNIT (ICU) is a unit that receive, study, classify the inmates
committed to the jail and composed of trained IWDP personnel. It performed the following
functions: (1) Admission and Registration: (2) Identification Process: (3) Body Search and
Property Receipting: (4) Quarantine: (5) Assignment of Inmates: (6) and Inmates. The
procedures it undertakes are: systematic reception, identification and case studies: intake of the
initial interview: inmate assessment: inmate's welfare and development plan: evaluation scheme:
discharge and follow-up care.
REPUBLIC ACT NO. 9263. An act providing for the professionalization of the Bureau of Fire
Protection and the Bureau of Jail Management and Periology, amending certain provisions of the
Republic Act No. 6975. This act is a consolidation of Senate Bill No. 2373 and House Bill No.
6557, which was passed by the Senate and the House of Representatives on January 29,2004 and
February 2, 2004, respectively and was signed and approved by Her Excellency Gloria
Macapagal-Arroyo on March 10, 2004. Salient features of the law include upgrading of salary,
qualifications and the former Assistant regional Director, being the head in the region was
upgraded to full-fledge Regional Director.

Provincial Jails & Youth Rehabilitation Centers

The Provincial Jails. The Provincial jail system was first established in 1910 under the American
regime. Each of the country's eighty-two (82) provinces has a provincial jail to serve as penal
facility for prisoners who are categorized under the law as provincial prisoners. For provinces
whose jails are overcrowded a sub-provincial jail was created. They are those sentenced by the
courts to a prison ferm of from six months and one day to three years.

Provincial jails are under the supervision and control of Provincial governments and headed by a
Provincial Jail Warden. Although the Local Government Units, which include the provincial
government, are under the supervision of the Department of Interior and Local Government, the
provincial jails operate independently and autonomously from the Bureau of Jail Management
and Penology.

The Memorandum-Circular dated March 7, 1994 issued by the Secretary for Peace and Order of
the Department of Interior and Local Government regarding the Manual of Operations for
Provincial Jails are basically similar to the correctional procedures and practices of the BJMP.
The typical services given by provincial jails to inmates include rehabilitation, health and special
treatment programs, work programs, education and vocational skills training, and religious
programs.

House Bill No. 3441 An act amending Sections 61.62. 63, and 65 of Republic Act No. 6975 and
Section 3 of Repu8clic Act no. 9263 placing for the purpose the Provincial and Sub-Provincial
Jails under the jurisdiction of the Bureau of Jail Management and Penology.
The Regional Rehabilitation Centers for Youth. These correctional facilities are maintained and
operated by the Department of Social Welfare and Development (DSWD). There are nine
Regional Rehabilitation Centers for Youth (RRCY) nationwide the National Training School for
Boys (NTSB) which are the places of destination for youthful offenders ranging from nine (9)
years old to below eighteen (18) years old.

The law covering this institutional set-up is Presidential Decree 603 whish was enacted in 1974
and otherwise known as the Child and Youth Welfare Code which suspends the sentences of
minor offenders whose ages range from nine (9) years to eighteen (18) years and places them in
the Rehabilitation Centers under the supervision or custody of their parents or to any responsible
person under the supervision of the DSWD.Under this decree, a youth offender under trial who
cannot post bail, shall be committed to the DSWD or to a local rehabilitation center or a
detention home in the province or city. There are only two facilities in the entire country,
however. One is the Manila Youth and Reception Center under the Manila Social Welfare
Department and the other is the Molave Development Youth Home jointly managed by the
Quezon City Social Services and Development Department (SSDD) and the BJMP. The SSDD
takes care of home life activities while the BJMP takes care of security.

Presidential Decrees 1179 and 1210 amended PD 603 to require an application for suspended
sentence before this privilege can be availed of. If the courts find the youth guilty, the court will
not sentence the offender but shall suspend further proceedings and commit the youth to the
custody of the DSWD, to any government training institution, agency duly licensed to take
custody or any responsible person acceptable to the court. Suspended sentence, however, became
automatic with the passage of Republic Act 8369 otherwise known as the Family Courts Act of
1997. Instead of serving their sentence, youth offenders are rehabilitated in the RRCY's which
are managed and supervised by the DSWD, There are ten (10) rehabilitation centers for youth
offenders, nine (9) of which are for boys while only one (1) is for girls. Of the nine (9) centers
for boys one is the National Training School for Boys which also happens to be the largest
RRCY. This is located in Sampaloc, Tanay, Rizal and it caters to youth offenders coming
Regions IV, V and NCR. The only RRCY for girls is also the National Training School for Girls
located at Marillac Hills, Alabang, Metro Manila. The eight (8) other RRCYS are located in
Barangay Urayong, Bauang, La Union for those coming from Region I, II and the Cordilleras:
Barangay Ayala, Magalang, Pampanga for Region III: Nueva Valencia in the Island Province of
Guimaras for Region VI: Barangay Candabong, Argao, Cebu for Region VII: Barangay Sto.
Nino, Leyte for Region VIII: Barangay Anastacio Polanco, Dipolog, Zamboanga del Norte for
Region IX: Gingoog City for Region X; and Barangay Bago Oshiro, Davao City for Region XI.
Youth offenders from Caraga Region are sent either to Dipolog, Gingoog or Davao depending on
which is most accessible. These RRCYs are only the last resort, which are designed for the
youth's readjustment and to promote their sound growth through experience in counseling. They
are there to be enlightened, corrected and prepared for their eventual reintegration as a
productive member of society. Their stay in the center can be shorter than their suspended
sentence terms depending on how they respond to the rehabilitation process therein.

Chapter 8

MODELS OF CRIMINAL TREATMENT AND APPROACHES IN DEALING WITH

CRIMINALS

Models of Criminal Treatment

➤ Control Model of prison management, which emphasizes prisoner obedience, work end
education (Sahara 1988);

➤ Responsibility Model of prison management that stresses prisoners' responsibility for their
own action, not administrative control to assure prescribed behavior. Proper classification of
inmates, according to this model, permits placing prisoners in the least restrictive prison
consistent with security, safety, and humane confinement. Prisoners should be given a significant
degree of freedom and the held to account for their actions (Sahara 1988);

➤ Custodial Model, based on the assumption that prisoners have been incarcerated for the
protection society and for the purpose in incapacitation, deterrence and retribution. It emphasizes
maintenance and security and order through the subordination of the prisoner to the authority of
the warden. Discipline is strictly applied and most aspect of behavior is regulated:

➤ Rehabilitation Model-security and housekeeping activities are viewed primarily as a

framework for rehabilitation efforts. Professional treatment specialist enjoys a higher status than
other employees, in accordance with the idea that all aspect of prison management should be
directed towards rehabilitation with the rethinking of the goal of rehabilitation:
Reintegration Model is linked to the structures and goals of community corrections but has direct
impact on prison operations. Although an offender is confined in prison, that experience is
pointed toward reintegration into society. This kind of treatment gradually gives inmates greater
freedom and responsibility during their confinement and move them into a halfway house, work
release programs, or community correctional center before releasing them to supervision.
Consistent with the perspective of community corrections, this model is based on the assumption
that it is important for the offender to maintain or develop ties with free society the entire focuses
this approach is on the resumption of a normal life (Clear and Cole. 1986): &

Total Institution "the prison, like other total institution, is a place of residence and work where a
large number of like-situated individuals, cut off from wider society for an appreciable period of
time, together lead an enclosed, formally administered round life". A total institution is one that
completely encapsulates the lives of the people who work and live there. A prison must be such
an institution in the sense that whatever prisoners do or not do begins and ends there; every
minute behind bars must be lived in accordance with the rules as enforce by the staff.

Approaches in Dealing with Criminals

Introduction

Criminals are persons who omitted in violation of the laws of the state. In this, it is a must that
approaches in dealing with them is to be studied to understand why they became criminals.

Approaches in Dealing with Criminals

➤ Null Strategy says that nothing should be done, that prisoners should be allowed to become
increasingly congested and staff should remain to maintain them with the assumption that the
problem is temporary and will disappear in time.

Selective Incapacitation Strategy urge that expensive and limited prison space with. the
necessary number of staff to maintain them should be used more-effectively by targeting the
individuals whose incarceration will do the most to reduce crime. It shows that the incarceration
of some career criminals has a pay off in the prevention. of multiple serious offenses.

Population-reduction Strategy incorporates from door and back door strategies. Front door
strategies divert offenders to non-incarcerative sanctions, among them, community service,
restitution, fines, and probation. While the back-door strategies such as detention, parole, work
release and good behavior are devised to get the offenders out of the prison before end of their
terms in order to free space for new comers.

Construction Strategy of building new facilities to meet the demand for prison space for an
advantageous prison management. The approach comes to mind when legislators and
correctional officials confront the problem on prison crowding. sanitation and prison violence to
expand the size, number of facilities and personnel.

Population-Sensitive Flow Control Strategy urges the sentencing be linked to the availability of
prison space and management staff, the policies be developed allowing the release of the
prisoners when prison facilities become crowded and staff are greatly outnumbered to manage
prisoners, and that each court be allotted a certain amount of prison space and staff members so
that the judges and prosecutors make certain decisions accordingly. This strategy depends on the
political will to release prisoners even in the face of public protest (Clear and Cole, 1986).

Chapter 9

GOOD CONDUCT TIME ALLOWANCE AND PREVENTIVE IMPRISONMENT

R.A. 10592-An Act Amending Articles 29, 94, 97, 98 and 99 of Act No. 3815, as amended,
otherwise known as the Revised Penal Code.

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-fitths of the time during which he has undergone
preventive imprisonment.

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."

GOOD CONDUCT TIME ALLOWANCE

-Good conduct time allowance is a privilege granted to a prisoner that shall entitle him to a
deduction of his term of imprisonment.

-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.

SPECIAL TIME ALLOWANCE

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.

WHO GRANTS 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.

RELEASE OF PRISONERS

The release of prisoners is the official act of discharging from the custody of the prison of

a prisoner who has served his prison sentenced or ordered to be released by competent authority.

The following are the authorized to order or approve the release of prisoners
A. Supreme Court of the Philippines or lower court in cases of acquittal of the accused prisoner
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.

D. The Director of BuCor upon the expiration of the sentence of the prisoner.

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

EXECUTIVE CLEMENCY

Executive clemency is the authority of the President of the Philippines to suspend the execution
of penalty, reduce the sentence and extinguishing liability. The various forms of executive
clemency are as follows: 1. Reprieve; 2. Commutation of Sentence: 3. Absolute Pardon and; 4.
Conditional Pardon.

REPRIEVE-refers to the deferment of the implementation of the sentence for an interval of time;
it does not annul the sentence but merely postpones or suspends its execution.

CONDITIONAL PARDON It is the conditional exemption of a guilty offender for the

punishment imposed by a court. Refers to the exemption of the individual, within certain limits
or conditions, from punishment resulting in partial extinction of his criminal liability. He must
have at least served % of his minimum sentence. In case of conviction of heinous crime, he shall
have served at least ½ of his maximum of his original indeterminate sentence before grant of
conditional pardon.
ABSOLUTE PARDON It is the total extinction of the criminal liability of the individual to
whom it is granted without any condition whatsoever resulting to the full restoration of his civil
rights. COMMUTATION OF SENTENCE It is the reduction of the period of a prison sentence.