BASIC DEFINITION OF TERMS
 To bring light the ethical barriers of punishment,
Penology Defined:
 The study of punishment of crime or of criminal offender.
It includes the study of control or prevention of crime
through punishment of criminal offenders.
 The term is derived from the Latin word “Poena” which
means pain or suffering.
 Penology is otherwise known as penal science. It is
actually a division of criminology that deal with prison
management and the treatment of offenders, and
concerned itself with the philosophy and practice of
society and its effort to repress criminal activities.
 Penology has stood in the past and, for the most part, still
stand for the policy of inflicting punishment on the
offender as a consequence of wrong doing.
Principal Aims of Penology:
1. To bring light the ethical barriers of punishment,
along with the motives and purposes of the society
inflicting it.
2. To make comparative study of penal laws and
procedures through history between nations.
3. To evaluate the social consequences of the policies
enforce at a given time.
Penal Management – refers to the manner or practice of
managing or controlling places of confinement as in jails or
prison.
Correction Defined:
 A branch of criminal justice system concerned with the
custody, supervision and rehabilitation of criminal
offenders.
 Is the field of criminal justice administration which
utilizes the body of knowledge and practices of the
government and the society in general involving the
process of handling individuals who have been convicted
of offences for the purpose of crime prevention and
control.
 It is the study of jail/prison management and
administration as well the re Penology Defined:
 The study of punishment of crime or of criminal offender.
It includes the study of control or prevention of crime
through punishment of criminal offenders.
 The term is derived from the Latin word “Poena” which
means pain or suffering.
 Penology is otherwise known as penal science. It is
actually a division of criminology that deal with prison
management and the treatment of offenders, and
concerned itself with the philosophy and practice of
society and its effort to repress criminal activities.
 Penology has stood in the past and, for the most part, still
stand for the policy of inflicting punishment on the
offender as a consequence of wrong doing.
 Principal Aims of Penology:
along with the motives and purposes of the society
inflicting it.
 To make comparative study of penal laws and
procedures through history between nations.
 To evaluate the social consequences of the policies
enforce at a given time.
 Penal Management – refers to the manner or practice
of managing or controlling places of confinement as
in jails or prison.
Correction as Process: it refers to the reorientation of the
criminal offenders to prevent him or her from repeating his
deviant or delinquent actions without the necessity of
taking punitive actions but rather the introduction of
individual measures of reformation.
Correctional Administration: the study and practice of
systematic management of jails or prisons and other
institution concerned with the custody, treatment, and
rehabilitation of criminal offenders.
CORRECTION AND THE
CRIMINAL JUSTICE SYSTEM
The criminal justice system is the machinery
of any government in the control and prevention of
crimes and criminality. It is composed of the pillars
of criminal justice such as: the law enforcement
(police); prosecution; court; correction; and the
community pillar.
Correction as the fourth pillar of the
criminal justice system is concerned as the weakest
pillar due to its failure to deter individuals in
committing crimes as well as the reformation of
inmates. Correction takes over once the accused,
after having been found guilty, is meted out the
penalty for the crime he committed. He can apply
for probation or he could be turned over to a non-
institutional or institutional agency or facility for
custodial treatment and rehabilitation.
Historical Perspective in Correction
Important Dates and Events in the History of
Corrections
13TH CENTURY - Securing Sanctuary – in the 13th
century, a criminal could avoid punishment by claiming
refugee in church for period of 40 days at the end of which
time he has compelled to leave the realm by road or path
assigned to him.
1468 (England) – torture as a form of punishment became
prevalent.
16th Century – Transportation of criminals in England was
authorized. At the end of the 16th century, Russia and European
countries followed this system. It partially relieved
overcrowding of prisons. Transportation is abandoned in 1835.
17th Century to late 18th Century - death penalty became
prevalent as form of punishment.
Reason why death penalty became the usual punishment
during this period and thereafter:
1. Death of outlaws became a “protection for the English
people”. It is because the people during this period did not
totally believe yet in the ability to a strong force to combat
criminals.
2. People lack confidence in the transportation of criminal.
Gaol and galleys became center of corruption and
ineffective instruments of punishment.
3. Doctrine of crude intimidation appeared or seemed to be
logical form of threat in order to deter or prevent the
people from violating the law.
4. The assumption was that, the ruling class is tasked to
protect property rights and maintain public peace and
order. The system of maintaining public order had little
consideration or it did not recognized the social and
economic condition of the local working class. The law
makers and law enforcers used death penalty to cover
property loss or damage without further contemplating the
value of life of other people.
Gaols – (jails) – pre-trial detention facilities operated by
English sheriff.
Galleys – long low narrow single decked ship propelled by
sails, usually rowed by criminals. A type of ship used for
transportation of criminal in 16th century.
Hulks – decrepit transport, former warship used to house
prisoners in the 18th and 19th century. This were abandoned
warship converted into prison as means of relieving congestion
of prisoners. They were also called “floating hells”.
The Primary Schools on Penology
THE PRIMARY SCHOOLS OF PENOLOGY
1. THE CLASSICAL SCHOOL – “doctrine of
psychological hedonism” or “freewill”. That the
individual calculates pleasure and pains in advance of
action and regulates his conduct by the result of his
calculation.
2. THE NEO-CLASSICAL SCHOOL – it maintained that
while the classical doctrine is correct in general, it should
be modified in certain details. Since children and lunatics
cannot calculate the difference of pleasure and pain, they
should not be regarded as criminals, hence they should be
free from punishment.
3. THE POSITIVIST/ITALIAN SCHOOL – denied
individual responsibility and reflected non punitive
reactions to crime and criminality. It adheres the crime,
any other act, is a natural phenomenon. Criminals as
considered as sick individuals who needed to be treated by
treatment programs rather the punitive actions against
them.
Redress (Compensation) of a wrongful act
1. Retaliation (Personal Vengeance) – the earliest
remedy for a wrong act to any one (in primitive
society). The concept of personal revenge by the
victim’s family or tribes against the family or
tribe offender, hence “blood feuds” was accepted
in the early primitive societies.
2. Fines and Punishment – customs has exerted
effort and great force among primitive societies.
The acceptance of vengeance in the form of
payment (cattle, food, personal services, etc.)
became accepted as dictated by tribal tradition.
Early codes:
1. Babylonian and Sumerian Codes – a code of King
Hammurabi (Hammurabi Code) Babylon, about 1990
B.C. credited as the oldest code prescribing savage
punishment, but in fact, Sumerian codes were nearly
one hundred years older.
2. Roman and Greek Codes
a. Justinian codes – 6th century A.D., Emperor
Justinian of Rome wrote his code of law. An effort
to match a desirable amount of punishment to all
possible crimes. However, the law did not survive
due the fall of the Roman Empire but left a
foundation of western legal codes. The Twelve
Tables (XII Tabulae), (451-450 BC) – represented
the earliest codification of Roman law incorporated
into a Justinian Code. It is the foundation of all
public and private laws of the Romans until the time
of Justinian. It is also a collection of legal principles
engraved on metal tablets and set up on the forum.
b. Greek Code of Draco – in Greece the code of
Draco, a harsh code that provides the same
punishment for both citizens and the slaves as it
incorporates primitive concepts (vengeance and
blood feuds). The Greek were the first society to
allow any citizen to prosecute the offender in the
name of the offended party.
3. The Burgundian Code (500 A.D.) – Specified
punishment according to the social class of the
offender, dividing them into nobles, middle class and
lower class specifying the value of the life of each
person according to social status.
Early Codes (Philippine Setting). The Philippines is one
of many countries that came under the influence of the
Roman law. History shows that the Roman Empire reach it
greatest extent to most of confidential Europe such as
Spain, Portugal, French and all of central Europe.
Eventually, the Spanish civil code became
effective in the Philippines on December 7, 1889, the
“Conquistadores” and the “Kodigo Penal” (Revised Penal
Code today, 1930) was introduced by the Spaniards
promulgated by the King of Spain. Basically, these laws
adopted the Roman law principles (Conquia, Principles of
Roman Law, 1996).
Mostly tribal tradition, customs and practices
influence laws during the pre-Spanish Philippines.
There were also that were written which include:
a. Code of Kalantiao (1433) most extensive and severe
law that prescribes harsh punishments.
b. Maragtas Code (by Datu Sumakwel)
c. Sikatuna Law
Early Prisons:
Mamertine Prison – the early Roman place of confinement
which is built under the main sewer of Rome in 64 B.C.
Other places of confinement in the history of confinement
includes Fortresses, Castles, Town Gates that were strongly
built purposely against roving bands of raiders.
The most popular workhouse was the Bridewell Workhouse
(1557) in London which was built for the employment and
housing of English prisoners.
Walnut Street Jail – originally constructed as a detention in
Philadelphia. It was converted into a state prison and became
the First American Penitentiary.
Early Prison in the Philippines
 During the pre-Spanish period, prison system was
tribal in nature, Village chieftains administered it. Is
was historically traced from the early written laws.
 1847 – First Bilibid Prison was constructed and
became the central place for confinement of Filipino
Prisoners by virtue of Royal Decree of the Spanish
Crown.
 1936 – City of Manila exchange its Muntinlupa
property with the Bureau of Prison originally intended
as site for boy’s training school.
 The Old Bilibid Prison is now being used as the
Manila City Jail, as the “May Halique Estate”.
I. THE EMERGENCE OF SECULAR LAW
4TH A.D. – Secular laws were advocated by Christian
philosophers who recognizes the need for justice. Some of
the proponents of these laws were St, Agustin and St.
Thomas Aquinas.
Three laws were distinguished:
1. External laws (Lex Externa)
2. Natural Laws(Lex Naturalis)
3. Human Law(Lex Humana)
All these laws are intended for the common good, but the
human law only becomes valid if it does conflict with the other
two laws.
Punishment
Punishment – is the redress that the state takes against an
offending member of the society that usually involves pain
and suffering. It is also the penalty imposed on an offender
for crime or wrong doing.
Ancient Forms of Punishments
1. Death Penalty – by burning, hanging, breaking at the
wheels, pillory and other forms of medieval
executions.
2. Physical Torture – by maiming, mutilation,
whipping, and other inhumane or barbaric forms of
inflicting pain.
3. Social Degradation – putting the offender into shame
or humiliation.
4. Banishment or Exile – sending or putting away an
offender which was carried out either by prohibition
against coming into a specified territory such as an
island to where the offender has been removed.
5. Other similar forms of punishment like
transportation and slavery.
Early Forms of Punishment
Early Forms of Punishment
1. Hard Labor – productive works
2. Deprivation – deprivation of everything except the
bare essentials of existence.
3. Monotony – giving the same food that is “off diet”,
requiring the prisoners to perform drab or boring daily
routine.
4. Uniformity – “we treat prisoner alike” or “the fault of
one is the fault of all”.
5. Mass Movement – mass living in cell blocks, mass
eating, mass recreation, mass bathing.
6. Degradation – uttering insulting words or languages
on the part of prison staff to the prisoners to degrade
or break the confidence of prisoners.
7. Isolation or Solitary Confinement – non-
communication, limited news, “lone wolf”.
PURPOSES/JUSTIFICATION OF PUNISHMENT
1. RETRIBUTION – punishment should be
provided by the state whose sanction is violated,
to afford the society or the individual the
opportunity of imposing upon the offender
suitable punishment as might be enforced.
Offenders should be punish because they deserve
it.
2. Expiation or Atonement – it is the punishment
in the form of group vengeance where the
purpose is to appease the offended public or
group (group vengeance).
3. Deterrence – the punishment gives lesson to the
offender or to would be offenders by showing to
others what would happen to them if they violate
the law. Punishment is imposed to warn potential
offenders that they cannot afford to do what was
the offenders has done.
 4. Incapacitation and Protection - the public will be
protected if the offender has being held in conditions
where cannot harm others especially in public.
Punishment is effected by placing the offender into
prison so that the society will be ensured from further
criminal depredations of criminals.
5. Reformation or Rehabilitation – it is the
establishment of the usefulness and responsibility of
the offender. Society’s interest can be better served by
helping the prisoner to became law abiding citizen
and productive upon his return to the community by
requiring him to undergo intensive program of
rehabilitation in prison.
Age of Enlightenment
THE AGE OF ENLIGTHENMENT
In 18th century is the century of change. It is the period of
recognizing human dignity. It is the movement of reformation,
the period of introduction of certain reforms in the correctional
field by certain person, gradually changing the old positive
philosophy of punishment to a more humane treatment of
prisoners with innovational programs.
THE PIONEERS:
1. WILLIAM PENN (1614-1718)
 He fought for religious freedom and individual rights.
 He is the first leader to prescribe imprisonment as a
correctional treatment for major offenders.
 He is also responsible for the abolition of death penalty
and torture as a form of punishment.
2. CHARLES MONTISIQUIEU (Charles Louis
Secondat, Baron De La Brede et de Montisiquieu)
– (1689- 1755) a French historian and philosopher
who analysed 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.
3. Voltaire – (Francois Marie Arouet) – (1694-1778)
he was the most versatile of all philosophers during
his period. He believes that fear of shame was a
deterrent to crime. He fought the legality sanctioned
practiced of torture.
4. Cesare Bonesa, Marchese de Becaria (1738-1794)
he wrote an “an Essay on Crimes and Punishments”,
the most existing essay on law during his century. It
presents the humanistic goal of law.
5. Jeremy Bentham (1748-1832) the greatest leader of
English criminal law. He believes whatever
punishment designed to negate whatever pleasure and
pain criminal derives from crime; the crime rate
would go down. Bentham was the one who devised
the ultimate Panopticon Prison – a prison that
consists of large circular building containing multi-
cells around the periphery. It was never built.
6. John Howard (1726-1790) – sheriff of Bedsforshire
in 1773 who devoted his life and fortune to prison
reform. After his findings on English prisons he
recommended the following:
a. Single cell for sleeping
b. Segregation of women
c. Segregation of youth
d. Provision of sanitation facilities
e. Abolition of fee system by which jailers
obtain money from prisoners.
THE REFORMATORY MOVEMENT
1. Alexander Maconochie – he is the superintendent of
penal colony at Norfolk Island in Australia (1840)
who introduced the “Mark System”. A system on
which a prisoner is required to earn a number of
marks based on the proper departments, labor and
study in order to entitle him for a ticket for leave or
conditional release which is similar to parole.
2. Manuel Montesimos - the director of prison in
Valencia Spain (1835) who divided the number of
prisoners into companies and appointed certain
prisoners a petty officer in charge, which allowed
good behavior to prepare the convict for gradual
release.
3. Domets of France – established an agricultural
colony for delinquent boys in 1839 providing
housefathers as in charge of these boys.
4. Sir Evelyn Ruggles Brise – the Director of English
Prison who opened the Borstal institution for young
offenders. The Borstal institution is considered as best
reform institution for young offenders today.
5. Walter Crofton – he is the Director of Irish Prison in
1854 who introduced the Irish system that was
modified from Maconochie’s Mark System.
Four stages of Irish System by Crofton:
a. Solitary confinement for nine months.
b. Assignment to public works in association
with other prisoner.
c. Work without supervision.
d. Release of prisoners under certain condition
similar to parole.
6. Zebulon Brockway – the Director of Elmira
Reformatory in New York 1876 who introduced
certain innovational programs like the following:
a. Training school type
b. Compulsory education of prisoners
c. Casework methods
d. Extensive used of parole
e. Indeterminate sentence
The Elmira Reformatory is considered forerunner of
modern penology because it had all the elements of a
modern system.
The Two (2) Rival Prison in the History of Correction
1. THE AUBURN PRISON SYSTEM – The
prison system called the “congregate system”.
The prisoners are confined in their own cell during the
night and congregate work in shops during the day.
Complete silence is enforce.
2. The Pennsylvania Prison System – the prison
system called “solitary system”. Prisoners are
confined in single cells day and night where they
lived, they slept, and they ate and receive
religious instructions. Complete silence was also
enforced. They are require to read the bible.

Penalty and the Modern Period of
Correction
PENALTY – Is defined as the suffering inflicted by the state
against an offending member for the transgression of law.
Judicial Condition of Penalty – Punishment must be:
1. Productive or suffering – without however affecting
the integrity of human personality.
2. Commensurate with the offence – different crimes
must be punish with different penalties ( Art. 25 RPC)
3. Personal – the guilty one must the one to be punish.
No proxy.
4. Legal – the consequence must be in accordance with
the law.
5. Equal – equal for all person
6. Certain – no one must escape its effect
7. Correctional – changes the attitude of offenders and
become law abiding citizens
Duration of Penalties
1. Death penalty – capital punishment
2. Reclusion Perpetua – 20 years and 1 day to 40 years
to life imprisonment
3. Reclusion Temporal – 12 years and 1 day to 20
years
4. Prison Mayor- 6 years and 1 day to 12 years
5. Prison Correctional – 6 months and 1 day to 6 years
6. Arresto Mayor – 1 month and 1 day to 6 months
7. Arresto Menor – 1 day to 1 month
8. Bond to keep peace – discretionary on the part of the
court
The Philippine Prison System
I. BUREAU OF CORRECTIONS
The Bureau of Prisons was renamed Bureau of
Corrections under Executive Order 292 passed during the
Aquino Administration. It states that the head of the Bureau of
Correction is the Director of Prisons who is appointed by the
President of the Philippines with the confirmation of the
Commission of Appointment.
The Bureau of Corrections has general supervision
and control of national prisons or penitentiaries. It is charged
with the safekeeping of all insular prisoners confined therein or
committed to the custody of the Bureau.
Coverage of the Bureau of Corrections
1. National Bilibid Prisons (Muntinlupa, Rizal)
 New Bilibid Prisons (Main Building)
 Camp Sampaguita
 Camp Bukang Liwayway
2. Reception and Diagnostic Center (RDC)
3. Correctional Institution for Women
4. The Penal Colonies
1. Sablayan Penal Colony (Occ. Mindoro)
2. Iwahig Penal Colony (Puerto
Prinsesa,Palawan)
3. Davao Penal Colony (Central Davao)
4. San Ramon Penal Colony and
Farm(Zamboanga)
5. Ilo ilo Penal Colony and Farm (Ilo ilo
Province)
6. Leyte Regional Prison (Abuyog Leyte)
Prison Defined:
 A penitentiary, an institution for the
imprisonment (incarceration) of persons
convicted of major/serious crimes.
 A place for confinement for those charged with or
convicted of offenses against the laws of the land.
WHO IS A PRISONER?
It refers to a person who is under the custody of
lawful authority or who by reason of his criminal sentence
or by decision issued by a court, maybe deprived of his
liberty, or to any person detained/confined in jail or prison
for the commission of criminal offense or convicted and
serving in penal institution, or a person committed to jail
or prison by a competent authority for any of the following
reasons:
a. To serve a sentence after conviction
b. Trial
c. Investigation
General Classification of Prisoners
1. Detention Prisoners
 Detained for investigation, preliminary hearing,
or awaiting trial. A detainee in a lock up jail.
They are prisoners under the jurisdiction of court.
2. Sentenced Prisoners
 Committed to the jail or prison in order to serve
their sentence after final conviction by a
competent court.
3. Prisoners who are on Safekeeping
 Includes non-criminal offenders who are detain in
order to protect the community against their
harmful behaviour. Ex. Mentally Deranged
individuals, insane persons.
Classification of Sentence Prisoners
1. Insular or National Prisoners
 Those sentenced to suffer 3 years and 1 day to
life imprisonment; those sentenced to suffer a
term of imprisonment cited above but appealed
the judgment and unable to find a bond for their
temporary liberty.
2. Provincial Prisoners
 Those person sentenced to suffer a term of
imprisonment from 6 months and 1 day to 3 years
or a fine not more than 1,000 pesos, or both; or
 those detain therein waiting for preliminary
investigation of their cases cognizable by the RTC.
3. City Prisoners
 Those sentenced to suffer a term of imprisonment
from 1 day to 3 years or a fine of not more than 1,000
pesos or both; those detain therein whose cases are
filed with the MTC; those detained therein whose
cases are cognizable by the RTC and under
Preliminary Investigation.
4. Municipal Prisoners
 Those confined in Municipal jails to serve an
imprisonment from 1 day to months; or those
detained therein whose trials of their cases are
pending with the MTC.
Classification of Prisoners According to Degree of
Security
1. Super Maximum Security Prisoners
- A special group prisoners composed of corrigible,
intractable, and highly dangerous persons who are
the source of constant disturbance even in maximum
security prison. They wear tangerine color of
uniform.
2. Maximum Security Prisoner
- Group of prisoners whose escape could be
dangerous to the public or to the security of state.
 Constants troublemakers but not as dangerous as the
super maximum-security prisoners.
 Confined at the Maximum Security Prison (NBP
Main Building), they wear orange color uniform.
3. Medium Security Prisoner
- Those who cannot be trusted in open conditions
and pose lesser danger than maximum-security
prisoners in case they escape.
 Group of Prisoners who may be allowed to work
outside the fence or walls of the penal institution
under guards with escort.
 They occupy the Medium Security Prison (Camp
Sampaguita) and they wear blue color of uniforms.
4. Minimum Security Prisoners
- A group of prisoners who can be reasonably
trusted to serve sentence under “Open
Condition”:
 Those group includes prisoners who can be trusted to
report to their work assignments without the presence
of guards.
 They occupy Minimum Security Prison (Camp
Bukang Liwayway) and wear brown color uniforms.
WHAT IS A JAIL
- It is place for locking of persons who are
convicted of minor offenses or felonies who are
serves to serve a short sentences imposed upon
them by a competent court, or for confinement of
persons who are awaiting trial or
investigation of their cases.
Importance of Jails:
1. It serves as a deterrent to would-be criminal
offender
2. It enables the wrongdoer to be reformed and
rehabilitate.
Types of Jail:
1. Lock up Jail – is a security, common to police
stations, used for temporary confinement of an
individual held for investigation.
2. Ordinary Jails – is the type of jails commonly
used to detain a convicted criminal offender to
serve sentence less than three years.
3. Workhouse, Jail Farms or Camp – a facility
that houses minimum custody offenders who are
serving short sentences or those who are
undergoing constructive works programs.
II. Provincial Jails
Provincial Jails in the Philippines are
not under the jurisdiction of the Bureau of
Correction. They are managed and controlled by the
provincial government.
III. Bureau of Jail Management and Penology
(BJMP)
The BJMP exercises supervision and
control over all cities and municipals jails throughout the
country. The enactment of the Republic Act 6975 created
the BJMP. It operates as a line bureau under the Departm
MISSION OF THE BJMP
The Jail Bureau shall direct, supervise and
control the administration and operation of all district, city
and municipal jails to attain a better system of jail
management nationwide.
Objective of the BJMP
1. To improve the living conditions of the offenders
in accordance with accepted standards set by the
United Nations.
2. To enhance rehabilitation and reformation of
offenders in preparation for their eventual
reintegration into the mainstream of the society
upon their release.
3. To professionalize jail service.
POWERS, FUNCTIONS AND ORGANIZATION OF
THE BJMP
 A. POWERS – the Bureau of jail exercise supervision - Adjudication Office
and control over all district, city and municipal jails to - Internal Audit
ensure a secured, clean, sanitary and adequately
equipped jail for the custody and safekeeping of city Regional Office – each Region shall have a designed
and municipal prisoners, any fugitive from justice or Assistant Regional Director for Jail Management and
persons detained awaiting investigation or trial and/or penology.
transfer to the National Penitentiary, and any violent,
Provincial Office – there shall be designated a Provincial
mentally ill person who endangers himself or the
Jail Administrator to perform the same functions as the
safety of others.
ARD’s province wide.
B. FUNCTION – In line with its mission, the bureau
endeavors to perform the following. District Office – where there are large cities and
1. Formulate policies and guidelines on the municipalities, a district jail with subordinate jails, headed
administration of all districts, city and municipal jails by District warden may be establish as necessary.
nationwide;
2. Formulate and implement policies for the programs of City and Municipal Office – in the city and municipal
correction, rehabilitation and treatment of offenders; level, a city or municipal warden shall head each jail.
3. Plan the program funds for the substance allowance
of offenders; Duties and Responsibilities of Warden
4. Conduct researches, develop and implement plans and
A. WARDEN – Direction, Coordination, and Control of
programs for the improvement of jail services
the Jail and Responsibilities for the: Security, Safety,
throughout the country.
discipline, and well-being of inmates. The office of
C. Organization and Key Position in the BJMP:
the Warden may organize the following units;
The BJMP, also referred to as Jail Bureau, was created 1. Intelligence and Investigation team – it gathers,
pursuant to Section 60, R.A. 6975, and initially consisting collates and submits intelligence information to the
of uniformed officers and members of the jail office of the warden on matter regarding jail
management and Penology service as constituted under condition.
P.D. 765. 2. Jail Inspectorate Section – inspect jail facilities,
personnel, and prisoners and submit reports to the
The Bureau shall be held by a Chief with the warden.
rank Director, and assisted by a Deputy Chief with the rank of 3. Public Relation Office – maintain public relation to
Chief Superintendent. obtain the necessary and adequate public support.
B. ASSISTANT WARDEN
The Central office is the command and HQ of 1. The office of the assistant warden undertakes the
the jail bureau composed of 3 commands groups, six development of systematic process of treatment.
coordinating staff divisions, six special staff groups and six 2. Chairman of the Classification Board and Disciplinary
personnel staff groups namely: Board.
C. ADMINISTRATIVE GROUPS – take charge of all
1. Command Group
administrative functions of the jail Bureau.
- Chief BJMP
1. Personnel Management Branch
- Deputy Chief BJMP
a. Assignment of Personnel
- Chief of Staff
b. Procedures of Selection
2. Coordinating Staff Group
c. Preparation of personnel reports
- Administration Division
d. Individual recording
- Operation Division
2. Record and Statistic Branch
- Logistics Division
a. Keep and maintain booking sheets and
- Finance Management Division
arrest reports
- Research Plans and Programs Division
b. Keep an orderly record of fingerprints
- Inspection and Investigation Division
and photograph
3. Special Staff Groups
c. Present/prepare statistical data of
- General Services Unit
inmates
- Health Services Unit
3. Property and Supply Branch – take charge of
- Chaplain Services Units
safekeeping of equipment’s and supplies and
- Community Services Units
materials needed for the operation of the jail.
- Finance Services Units
4. Budget and Finance Branch – take charge all the
- Hearing Office
financial matters such as; budgeting, financing,
4. Personal Staff Group
accounting, and auditing.
- Aide-de-camp
5. Mess Service Branch – take charge of the
- Intelligence Office
preparation of the daily menu, prepares and cook the
- Public Information Office
food and serve it to inmates.
- Legal Office
6. General Services Branch
a. Responsible for the maintenance and repair
of jail facilities and equipment’s.
b. It is also task with the cleanliness and
beautification of the compound.
7. Mittimus compound Branch – tasked to receive court
decisions and compute the date of the full completion of
the service of inmates.
Mittimus – is a warrant issued by the court directing the
jail or prison authorities to receive the convicted offender
for the service of sentence imposed therein or for
detention.
D. SECURITY GROUPS – The security groups provided a
system of sound custody, security and control of inmates
and their movements and also responsible to enforce
prison or jail discipline.
1. Escort Platoon
a. Escort section – to escort inmate upon order of any
judicial; upon summon of court; or transfer to the other
penal institutions.
b. Subpoena Section – receives and distribute court
summons, notices, subpoenas, etc.
2. Security Platoon – a three (3) working platoon shift
responsible for overall security of the jail compound
including gates, guard posts and towers. They are also
responsible for the admitting and releasing unit.
E. REHABILITATION PURPOSES GROUNDS – this
group provides services and assistance to prisoners and
their families enable them to solve their individual needs
and problems arising from the prisoner’s confinement.
1. Medical and Health Services Branch – provides
medical and physical examinations of inmates upon
confinement, treatment of sick inmates and conduct
medical and physical examinations and provides
medicines or recommends hospitalization of seriously
ill prisoners or inmates. It also conducts psychiatric
and psychological examinations.
2. Work and Educational Therapy Service – it takes
charge of the job and educational programs needed
for rehabilitation of inmates by providing them job
incentives so they can earn and provide support for
their families while in jail.
3. Socio-Cultural Services – it takes care of the social
case work study of the individual prisoners by making
interviews, home visits, referral to community
resources, free legal services and liaison works for the
inmates.
4. Chaplaincy and Counselling Services – it takes
charge of the religious and moral upliftment of the
inmates through religious services. This branch caters
to all religious sectors.
5. Guidance and Counselling Services – responsible
for the individual and group counselling activities to
help inmates solve their individual problems and to
help them lead a wholesome and constructive life.
Philippine Correctional System and
Treatment Programs
THE RECEPTION AND
DIAGNOSTIC CENTER
THE RECEPTION AND DIAGNOSTIC
CENTER
This is the special unit of prison (Camp
Sampaguita) where new prisoners undergo diagnostic
examination, study and observation for the purpose of
determining the programs of treatment and training best
suited to their needs and the institution to which they
should be transferred.
It composed of the following staff members:
1. Psychiatrist- responsible in the examination of the
prisoner’s mental and emotional make-up.
2. Psychologist- responsible to conduct study on the
character and behavior of prisoners.
3. Sociologist- study the social case situation of the
individual prisoner.
4. Educational Counselor - conducts orientation classes
in order to change inmate’s attitudes towards
education and recommends educational program of
the prisoner.
5. Vocational Counselor - to test the prisoner special
abilities, interest and skills and recommends for the
vocational course best suited to the prisoner.
6. Chaplain – encourage the prisoner to participate in
religious activities.
7. Medical Officer – conducts physical examination and
recommends medical treatment of prisoners.
8. Custodial-Correctional Officer – recommends the
transfer and type of custody of inmates.
THE QUARANTINE CELL OR UNIT
This may be a unit of the prison or a section
of the RDC where the prisoner is given thorough physical
examination including blood test, x-rays, vaccinations and
immunity. This is for the purpose of ensuring that the
prisoner is not suffering from any contagious disease,
which might be transferred to the prison population.
ADMISSION PROCEDURE IN PRISON
1. Receiving – the new prisoner is received the in RDC.
The new prisoner usually comes from a provincial or
city jail where he was immediately committed upon
conviction by the court, escorted by the escort platoon
during his transfer to the national prison.
2. Checking of Commitment Papers – the receiving
officer checks the commitment papers if they are in
order. That is, if they contain the signature of the
judge or signature of the clerk of court, and seal of the
court.
3. Identification – the prisoner’s identity is establish
through the picture and fingerprint appearing in the
commitment order. This is to ensure that the person
 being committed is the same as the person being named in
the commitment order.
4. Searching – this steps involves the frisking of the prisoner
and searching his personal things. Weapons and other
items as classified as contraband is confiscated and
deposited to the property custodian. Other properties are
deposited with the trust fund officer under recording and
receipts.
5. Briefing and Orientation – the prisoner will be brief and
oriented in the rules and regulation of the prison before he
will be assigned to the RDC or quarantine unit.
ORIENTATION PROCEDURES IN PRISON
Orientation takes place with in the first few days in the center
which consists in:
1. Giving the prisoners a booklet of rules and regulations and
explaining the rules to them
2. Conducting group meeting of the center to explain to the
inmates the available treatment programs and the purpose
of these treatment programs.
3. Holding sessions with the members of the Center’s staff to
explain what the inmates should do in order to profit most
from their experiences.
The two Approached on Correction
THE TREATMENT PROGRAMS
works in socially acceptable occupation after
their release. Course may include;
a. Radio Mechanics, Auto Mechanics,
Horticulture,
b. Shoemaking, Tailoring, Carpentry,
Electronics, etc.
c. Physical Education – designed for those who have
physical disabilities
2. Work Programs – these are programs conducive to
change behavior in morale by training prisoners
for a useful occupation. It is purposely to eliminate
idleness on the part of the prisoners, which may contribute
to “Prison Stupor”, and it affects the incidence of Prison
Riot.
Classification of Prison Work Programs:
a. Educational Assignments – prisoners may be
assigned either general education, vocational, or
physical education.
b. Maintenance Assignments – this assignment
involves labor related to care and up keeping of
the institution properties.
c. Agricultural and Industrial Assignments
d. Unassignable – prisoners who are nearly to
leave the institution, awaiting transfer those in
disciplinary status, and those who are
chronically ill with mental disabilities are
considered an unassignable prisoners.

The Philippine Prison System adopted two approaches in Female prisoners shall be assigned to work on
treating criminal offenders. These are the Institutional-Based jobs suitable to their age, sex, physical conditions.
Treatment Programs and the Community-Based Treatment Prisoners over 60 years of age may be excused from hard
Programs. work.

A. The Institutionalized Treatment Programs 3. Religious Service in Prison – the purpose of this
program is to change the attitude of inmates by inculcating
1. Prison Education – the cornerstone of rehabilitation. It is religious values or belief.
the process or result of formal training in school or
classrooms intended to shape the mind and attitude of Function of the Chaplain:
prisoners towards good living upon their release. The first
a. Conduct communion and confession to inmates,
legal recognition of education in prison was in 1847, New
b. Conducts religious ministry such as preaching the
York Reformatory.
Bible,
Objectives of Prison Education: c. Conduct private and personal counselling in the
form of inmate interview.
a. To return the prisoner to the society with a more d. Other chaplaincy services.
wholesome attitude towards living,
b. To conduct themselves as good citizens, Administrative Function of the Chaplain:
c. To give them knowledge and develop their skills to
a. Member of the RDC staff,
maintain themselves and their dependents through
b. Member of the Classification Committee,
honest labor.
c. Render Evaluation to the BPP
Classes of Prison Education:

a. General and Academic Education – the objective of

which is to eradicate illiteracy among prisoners. This
could be the best contribution of correctional system
can offer to the society.
b. Vocational Education – institutional maintenance
works and industrial projects. The purpose of which is
to provide prisoners necessary skills for successful
4. Recreational Programs – the only program that
is conducted during free time schedule.
Objectives:
a. Mental and physical development
b. Helps prisoner to become aware of their individual
condition to provide them a method of improvement
c. Development of cooperative competitions
d. Arouse the interest of the prisoners in recreational
programs. PRISON SECURITY, CUSTODY
Activities are include: athletics/sports, music and arts, AND CONTROL
social games, special activities on special events, etc.
I. Diversification: Concept and Importance
5. Medical and Health Services – medical and health
services includes: Diversification is an administrative device of
a. Mental and physical examination correctional institution of providing varied and flexible
b. Diagnosis and treatment types of physical plants for the more effective custody,
1. Immunization security and control of the treatment programs of its
2. Sanitation inspection
diversified population.
c. Participation in training
6. Counseling and Casework Diversification is the principle of separating
Objectives of counseling homogenous type of prisoners that requires special
treatment and custody. Separation can be done through
a. Immediate solution of specific personal problem proper classification of inmates.
b. Help inmates to increase self-understanding
How Diversification is carries out?
Objectives of Casework:
It can be done either building special institution
a. To obtain clearly description of the society for different classes of prisoners through proper
b. Solving immediate problems involving family problems or segregation of inmates that is big institution can be broken
other personal relationship, into smaller units.
c. Assists inmates towards acceptable solution,
d. Support inmates, who are nearly release by giving them Aims of Diversification:
guidance or information,
e. Professional assistance to offender on probation or parole. 1. More effective execution of the treatment programs,
B. Community-Based Treatment Programs 2. To prevent the prisoners from moral and physical
a. Probation – is a disposition, under which an accused after contamination of one group by another,
conviction and sentence, is released subject to the 3. To prevent unnecessary custodial risks.
condition imposed by the court and by the supervision of
probation officer. Factors Considered in Diversification:
b. Parole – a conditional release from a convicted person
upon service of the minimum of his indeterminate penalty. 1. Age – prisoners who are 18 years old and below
c. Pardon – a form of executive clemency which is exercise should be segregated from the older groups to prevent
exclusively by the Chief Executive. Pardon may be given the youthful offenders from becoming hardened
conditionally (conditional pardon) or unconditionally criminals.
(absolute pardon). For the purpose of Non-Institutional 2. Sex – female and male are separated away in separate
Correction, it is the conditional pardon with parole institution.
conditions is under consideration. 3. Medical and Mental Conditions – mentally ill,
sexually deviates ,physically handicapped and
Forms of Executive Clemencies hospital patients need to be segregated from the prison
1. Amnesty – a general pardon extended to a group of population because each group needs special kind of
persons such a political offenders purposely to bring about treatments.
the return of dissidents to their home and to restore peace 4. Degree of Custody – is the most used factor for
and order in the community. diversification that is the extent of strict keeping
2. Commutation – an act of the president changing or necessary for the person in confinement.
reducing a heavier sentence to a lighter one or a longer
term into a shorter term. It may alter death sentence or life
sentence to a lighter years. It does not forgive the offender
II. The Classification Process
but merely to reduce the penalty pronounced by the court.
3. Reprieve – a temporary stay of the execution of sentence Classification is a method by which diagnosis,
especially the execution of the death sentence. treatment planning and execution of the treatment
4. Pardon – an act of grace extended to prisoners as a matter programs are coordinated in the individual case study. It is
of right, vested to the Chief Executive as a matter of
a process of determining the needs and requirements of
power.
prisoners for assigning them to programs according to
their needs and existing resources.
Two Kinds of Pardon:
1. Conditional Pardon – a pardon given with requirements Four (4) Separated but Coordinated Classification
attached. Procedure:
2. Absolute Pardon – a pardon given without any condition
attached.
1. Diagnosis – prisoner’s case history is taken and his 3. Maintenance of Good Order.
personality is being studied through examination and
observation. Contraband – is anything that is contrary to prison/jail
2. Treatment Planning – it is the formulation of tentative rules and regulation.
treatment programs and policies by the classification
Essential Requisites for Sound Custody, Security and
committee.
3. Execution of the Treatment Programs – it is the Control:
application of the treatment programs and policies by the
1. Adequate system of classification of prisoners
classification committee.
2. Regular inspection
4. Re-classification – treatment program is kept current with
3. Adequate system of counting
the inmates changing needs.
4. Written set of rules of control and safety
The Classification Board for Jails: 5. Plan for the control of contrabands or
equipment’s
1. Organization: 6. Keying system
Chairman – Assistant Warden 7. Emergency plan
Members:
Important Security Rules:
 Chief Security Officer
 Medical Officer 1. Strict control of firearms
 Chaplain 2. 24 hour supervision, at least 4 times counting
 Social Worker 3. Key control
2. Task of the Classification Board – gathering and 4. Anti-riot equipment and armory
collating information of the prisoner case study. 5. Proper use of all tools and other potentially
3. Purpose of the Classification Process – to determine the dangerous articles
work assignments, type of supervision and custody which 6. Frequent inspection
will applied to the prisoners. 7. Open quarter in roof guards
8. Exercise authority, supervision and control over a
Contents of the Case Study:
prison
1. Facts and data of the present case Custody – is the guarding and penal safekeeping, it
2. Criminal history involves security measures to ensure security and control
3. Biography within the prison. The Prison Custodial Division carries it
4. Physical condition
out.
5. Vocational interest, competence and experience
6. Educational and religious background The Prison Custodial Division – is charged of all matters
7. Psychological characteristics pertaining to the custody of prisoners and security of the
8. Diagnostic examination
institution.
9. Initial reaction to counselling or group therapy
Composition:

1. Headed by Chief Security Officer usually with

III. Prison Security, Custody and Control the rank of Inspector to Senior Inspector
2. Assisted by:
Security – it involves safety measures to maintain the a. Security Officer- commanding officer
orderliness and disciplines with in the jail or prison b. Supervising Prison Guards – supervise
groups of guard’s details of several posts.
Prison Discipline – It is the state of good order and behavior. c. Senior Prison Guards – takes charge of the
It includes the maintenance of good standards of respect and squad or escorts guards assigned to important
discipline. post such as the control gates.
d. Prison Guards – lowest in rank assigned to
Preventive Discipline – is the prompt correction of minor sentinel post such as Guards houses and
deviations committed by prisoners before become serious gates.
violations.
Function of the Custodial Division
Control – it involves supervision of prisoners to ensure 1. Supervision of prisoners
punctual and orderly movement from one place work program 2. Maintain order and discipline
or assignment to another. 3. Inspection
4. Escort
The Control Center – is a centrally located and elevated 5. Keep records
facility. IV. Operational Plans in Jails or Prisons (Security
and Controls)
Aims of Institutional Security and Control:
Plans in the case of Jailbreaks or Escapes:
1. Prevention of Escapes
2. Control of Contrabands
 When a jailbreak, escape or riot is in progress or has just been
perpetrated, the officer at the control center shall immediately
sound the alarm.
1. At the first sound of the alarm, all prisoners shall be
locked in their respective cells while those in work details
shall marched in orderly manner to their cells.
2. All jail personnel, custodial or non-custodial, shall make
themselves available for emergency deployment. The desk
officer or shall issue firearms to members of the custodial
force who shall be immediately dispatched to strategic
posts according to plans.
3. Personnel assigned to essential maintenance posts such as
the powerhouse, kitchen, hospitals, fire station, may be
required to help in the counting of inmates.
4. A simultaneously institution wide count shall be made to
determine the number of inmates who escaped and their
identity.
5. If the identities of the escapees have been established,
their names and other personal circumstances shall
immediately flashed to all units of district, station or sub-
station and the police HQ shall be notified.
6. Radio stations, TV stations and other news media shall
also be notified for public information in order to gain
possible help in capturing the fugitives.
7. Recovery teams shall be formed to proceed to all possible
hideouts, residence and houses of relatives and friends for
immediate recapture.
8. In case of mass jailbreak, all members of the custodial
force shall be immediately issued firearms and assigned to
critical posts to plug off the escapees route.
9. If any officer or member shall be held as hostage,
reasonable caution to ensure the safety of the hostage. It is
better to give into demands of the jail breaker if possible
than to place the lives of the personnel in jeopardy.
10. If the warden is taken as a hostage, for all intents and
purposes, he cease to exercise authority and in the next in
command or the most senior officer present shall assume
the command.
11. If there are no hostages and the prisoners who are still
inside the jail compound continue to defy orders given by
the authorities, the basic plans for riots or disturbance
shall be made.
12. When information is received that escapees are in a
certain area, it is well to maintain groups in that area to
comply and apply continuous pressure in order to force
the escapees in movement.
13. An investigation shall be conducted to determine any
flaws in the security plan for possible correction to be
submitted to higher authorities.
Plans for Violent Disturbance and Riots:
1. Lock inmates to proper quarters
2. If during visitor’s period, all visitor shall be
immediately ushered out for security.
3. All members of the security group shall be available
for necessary actions.
4. Control center and communication lines for
emergency calls shall be checked for readiness.
5. Armorer should make immediate preparation for anti-
riot equipments.
6. Custodial Force are grouped into three teams namely:
a. 1st Group – Initial anti-riot assault team
b. 2nd Group- back up force
c. 3rd Group – Snipers
7. Conduct Post – Riot Procedures
a. First aid to injured persons
b. Wide count
c. Leaders segregation
d. Check security of the institution
e. Investigation
f. Repair of damage
g. Measures of prevention against any
repetition
h. Submit reports
Plans for other Emergencies – the following shall be
available and ready at all times with in jail/prison.
1. Alarms system.
2. Roles of specific individuals.
3. Security.
4. Procedures of evacuation
5. Guidelines for emergency cases
Types of Report that may initiate Disciplinary Action
1. Behavior Report – report that includes both bad
attitude as well as exceptionally good work
habits. This intended to call the attention of the
inmate’s acts such as lack of self-control.
2. Misconduct Report – it carries every violation
of laws and rules. Every class shall include and
investigation and heard by the Board.
THE DISCIPLINARY BOARD
Composition of the Disciplinary Board
1. Chairman : Assistant Jail Warden
2. Members : Chief Security Officer
: Medical and Health Officer
: Jail Chaplain
: Social Worker or the Rehabilitation Officer
Duties and Function of the Disciplinary
The Warden tasks the Board to investigate the
facts regarding the alleged misconduct referred to it. It
holds session as often as necessary in a room that may be
provided for the purpose. All case referred to it must be
heard and decided 48 hours from date of the receipt of the
case.
Limitation of Punishment Imposed to Offenders
The General Rules is “Every violation of
jail/prison discipline shall be dealt with accordingly. In the
extreme cases, where the violation necessities immediate
action, the warden or the Officer of the Day may
administer the necessary restraints and reports the action
take to the Disciplinary Board”.
Under section 3, par. D, Rule XIV of the BJMP
Manual states the limitation of punishments imposed to
offenders as:
1. No female offender shall be subjected to any
disciplinary punishment that may affect her unborn or
nursing child.
2. No handicapped offender shall be made to suffer a
punishment that might affect his health or physical
well-being.
3. Corporal punishment, confinement in dark, ill ventilated
cells and any other form of cruel, unusual, inhumane or
degrading punishment are absolutely prohibited.
4. Whenever the penalty of extra-fatigue duty or solitary
confinement imposed affect the health the offender,
medical examination shall be conducted to determine his
physical fitness to serve his punishment.
5. The jail physician shall visit the inmate undergoing
punishment when necessary and shall advise the warden if
he recommends the termination of the punishment on
grounds of physical and mental health.
13. Indecent, immoral or lascivious acts by himself or to
others or allowing himself to be subjected of such
lascivious or immoral acts.
14. Fighting, causing or participating in any disturbance
such as riot.
15. Wilful disobedience to a lawful order by an officer or
member of the custodial force.
16. Assault.
17. Gambling.
18. Committing any other acts in violation of law, rules
and regulation inside the jail or prison.

V. Punishable Acts in Jails TREATMENT OF SPECIAL OFFENDER

A. Minor Offenses Special Offenders includes women offenders,
1. Bartering of items not classified as contraband. drug addicts, alcoholics, mentally ill, person, and sex
2. Rendering personal service to fellow prisoners. deviates.
3. Littering
4. Making groundless complaints. Under Rule 15 of the BJMP Manual, it states
5. Late in the formation or duty without justifiable reason that the unusual offenders should not be held in jails or
6. Wilful waste of food prisons with the common jail/prison. They should be
B. Less Grave Offenses segregated with other institution as their temporary
1. Failure to report for work detail without sufficient detention houses. However special methods of treatment
justification shall be made such as the following:
2. Failure to render assistance to an injured personnel or A. Female Offender:
inmate 1. The women’s quarter should be fully separated from
3. Failure to assist putting out fires in case of fire incidents. the men quarters and no men shall be allowed to enter
4. Cursing or using profane or defamatory language directed the women’s quarter.
personally towards other persons 2. Female jail staff members must do all handling and
5. Malingering or reporting foe sick call to escape supervision of female prisoners.
assignment 3. Only works suitable to their sex, age and physical
6. Failure to give due respect when confronted by or conditions should be assigned to them.
reporting to any member of custodial force. B. Drug Addicts /Alcoholics/Sex Deviates and
7. Forcing fellow inmates to render personal service to Mentally-ill Inmates:
himself or to others 1. Segregation
8. Exchanging uniforms or wearing clothes others than those 2. Close supervision
issued to him for purpose of circumventing jail rules. 3. Special treatment/medications shall be made by the
9. Loitering or being in an unauthorized place. medical officer.
10. Using the telephone without the authority from the Desk 4. Measures should be taken to enable the offender to
Officer / Warden. follow strictly the physician’s service.
11. Vandalism 5. Constant search must be conducted to the quarters or
12. Withholding information that is prejudicial to jail cell for seizure of narcotics and other dangerous
administration drugs, and liquor.
13. Possession of lewd or pornographic materials 6. Transfer of the inmate to the appropriate government
14. Absence from jail brigade or place of work during head or private authority for their special treatment.
counts without justifiable reasons. 7. All other measures of supervision and control of these
15. Failure to return any equipment/article issued after the offenders.
work detail.
16. Committing any other acts prejudicial to good order and Alternative to Jail Confinement
discipline. 1. Segregation of special offenders to other institution
C. Grave Offences rather than putting them to jails or prison.
1. Making untruthful statements or lies in official 2. Payment of fine
communication, transactions or investigation. 3. Extensive use of probation
2. Keeping or concealing of keys. 4. Bail
3. Bartering of items that are classified as contrabands 5. Diversification
4. Keeping of prohibited articles or items. 6. Delayed sentence
5. Tattooing or keeping paraphernalia for tattooing.
Pre-release Treatment of Offenders
6. Forcibly taking or extracting money from fellow inmates.
It is a program specifically designed and given to
7. Inflicting injury or harm to other inmates.
a prisoner, during a limited period prior to his release from
8. Receiving or keeping liquor or prohibited drugs.
9. Keeping or improvising deadly weapons. prison, in order to give him an opportunity to adjust
10. Attempted escapes. himself from the regimented group of life in prison to the
11. Helping, aiding or abetting other to escape. normal, independency life of a free individual.
12. Unruly conduct or behavior and flagrant disregard of
discipline and instructions.
Special Pre-release Programs
1. Special information sessions
2. Granting he prisoner a greater freedom inside the
institution
3. Group and individual counselling
4. Transfer of prisoner from close to an open institution
5. Minimum degree of supervision.
PENAL PROVISION OF CORRECTION
I. Philippine Correctional Philosophies and their
Legal Basis
A. THE PHILIPPIHINE CONSTITUTION OF 1987
1. The state values the dignity of every human person and
guarantees full respect for human rights. (Sec 11, Art II)
2. No person shall be detained solely by reason of his
political belief and aspirations. (Sec 18 (1), Art III)
3. No voluntary servitude in any form shall exist except as a
punishment for a crime whereof of the party shall have
been fully convicted (Sec 18 (II), Ibid)
4. Excessive fines shall not be imposed, nor cruel, degrading
or inhumane punishment inflicted. (Sec 19 (2), Ibid)
5. The employment of physical, psychological, or degrading
punishment against any prisoner or the used of
substandard or inadequate penal facilities under subhuman
conditions shall be dealt with law. (Sec 19 (2) Ibid)
B. THE REVISED PENAL CODE
“No felony shall be punishable by any penalty not
prescribed by law prior to its commission.” (Art 21 RPC)
C. The Philippine Probation Law (PD No. 968)
One of the major goals of the government is to
establish a more enlightened and humane correctional system
that promote the reformation of offenders and thereby reduced
the incidence of recidivism.
D. Rules for the Treatment of Prisoners (DOJ,
January 7, 1959)
1. The purpose of committing a prisoner to prison has two-
fold:
a. To segregate from society a person who by his acts proven
himself a danger to the free community;
b. To strive at the correction or rehabilitation of the prisoner
with the hope that upon his return to society he shall be
able to lead a normal well-adjusted and self-supporting
life as a good and law abiding citizen.
2. There is no man who is all bad and there something good
in all men. (Art. I)
II. Penal Provisions
A. Delay in the Delivery of Detained Persons to the
Proper Judicial Authorities
(Art 125, RPC), A felony committed by a public officer or
employee who shall detain any person for some legal ground
and fail to deliver such person to proper judicial authorities
within the period of:
12 hours – for crimes or offences punishable by light
penalties;
18 hours – for crimes or offences punishable by
correctional penalties;
36 hours – for crimes or offences punishable by afflictive
or capital penalties.
The crime of Arbitrary Detention is committed
when the detention of a person is without legal ground.
The legal ground for detention are:
a. Commission of a crime;
b. Violent insanity or other ailment requiring
compulsory requirement.
B. Delaying Release
This is committed by a public officer or
employee who delays for the period of time specified in
Art 125, the performance of any judicial or executive order
for the release of a prisoner or unduly delays the services
of the notice such order to said prisoner.
C. Delivery of Prisoners from Jail (Art. 156, RPC)
Element:
1. The offender is a private individual
2. He removes a person confined in jail or penal
institution or helps in the escape of such person.
3. The means employed are violence, intimidation,
bribery or any other means.
The prisoner maybe a detention or sentenced
prisoner and the offender is an outside to the jail. If the
offender is a public officer or a private person who has the
custody of the prisoner and who helps a prisoner under his
custody to escape, the felony is “Conniving with or
Consenting to Evasion (Art 223) and Escape of a Prisoner
under custody of a person not a public officer (Art 22)
respectively,.
D. Evasion of Service Sentence (Art. 157-159)
1. Evasion of Service under Art. 157, RPC-Elements:
a. Offender is a prisoner serving sentence involving
deprivation of liberty by reason of final judgment.
b. He evades the service of his sentence during the term
of his imprisonment.
This felony is qualified when the evasion takes
place by breaking doors, windows, gates, roofs or floors;
using picklocks, false key, disguise, deceit, violence,
intimidation or; connivance with other convicts or
employees of the penal institution.
2. Evasion of Service Sentence on the Occasion of
Disorders due to Conflagration, Earthquakes, or
other Calamities (Art. 158, RPC)
Elements:
a. Offender is a prisoner serving sentence and confined
in a penal institution;
b. He evades his sentence by leaving the institution
c. He escapes the occasion of a disorder due to conflagration,
earthquake, explosion, or similar catastrophe or munity in
which he has not participated; and
d. He fails to give himself to the authorities within 48 hours
A special time allowance for loyalty shall be granted. A
deduction of one fifth of the period of the sentence under
the circumstances mentioned above. The purpose of the
law is granting a deduction of one fifth of the period of
sentence is to reward the convict’s manifest intent of
paying his debts to society by returning to prison after the
passing away of the calamity.
Whenever fully justified, the Director of Prison (Bureau of
Corrections) shall grant allowance for good conduct and
such allowance once granted shall not be revoked.
3. Other Cases of Evasion (Art. 159, RPC)
The violation of any condition imposed to a Conditional
Pardon is case of evasion of service of sentence. The effect
of this, the convict may suffer the unexpired portion of his
original sentence.
Infidelity of Public Officers
1. Infidelity in the Custody of Prisoners through
Connivance ( Art. 223, RPC)
- A felony committed by any public officer who shall
consent to the escape of prisoner in his custody or charge.
2. Infidelity in the Custody of Prisoners through
Negligence (Art. 224, RPC)
- A felony committed by any public officer when the
prisoner under his custody or charge escaped through
negligence on his party.
Other Offences or Irregularities by Public Officer
1. Maltreatment of Prisoner (Art. 235, RPC)
Elements:
a. Offender is a public officer or employee,
b. He overdoes himself in the correction or handling of such
prisoner by imposition of punishment not authorized by
regulation or by inflicting such punishment in a cruel or
humiliating manner.
The felony of Physical Injuries is committed if the accused
does not have the charge of a detained prisoner and he
maltreats him and if the purposed is to extort a confession,
Grave Coercion will be committed.
III. Good Conduct Time Allowance
-it is the privilege granted to a prisoner that shall be entitle
him a deduction of his term of imprisonment.
Under Article 97, RPC, the good conduct of every prisoner
in any penal institution shall entitle him the following
deduction from the period of his sentence
1. During the first two (2) year of his imprisonment, he
shall be allowed a deduction of days for each month
of good behavior.
2. During the third (3) to fifth (5) years of his
imprisonment, he shall be allowed a deduction of
eight (8) days each month of good behavior.
3. During the following years until the tenth (10) years
of his imprisonment, shall allowed a deduction of ten
(10) days each month of good behavior.
4. During the eleventh (11) year and the successive years
of his imprisonment, he shall be allowed a deduction
of fifteen (15) days each month of good behavior.
R.A. 10592
ART. 97. Allowance for good conduct. – The good
conduct of any offender qualified for credit for
preventive imprisonment pursuant to Article 29 of
this Code, or of any convicted prisoner in any penal
institution, rehabilitation or detention center or any
other local jail shall entitle him to the following
deductions from the period of his sentence:
"1. During the first two years of imprisonment, he
shall be allowed a deduction of twenty days for each
month of good behavior during detention;
"2. During the third to the fifth year, inclusive, of his
imprisonment, he shall be allowed a reduction of
twenty-three days for each month of good behavior
during detention;
"3. During the following years until the tenth year,
inclusive, of his imprisonment, he shall be allowed a
deduction of twenty-five days for each month of
good behavior during detention;
"4. During the eleventh and successive years of his
imprisonment, he shall be allowed a deduction of
thirty days for each month of good behavior during
detention; and
"5. At any time during the period of imprisonment,
he shall be allowed another deduction of fifteen
days, in addition to numbers one to four hereof, for
each month of study, teaching or mentoring service
time rendered.
"An appeal by the accused shall not deprive him of
entitlement to the above allowances for good
conduct."
RA 10575 (BUREAU OF
CORRECTIONS ACT OF 2013)
REVISED IMPLEMENTING RULES AND
REGULATIONS OF REPUBLIC ACT NO. 10575,
OTHERWISE KNOWN AS “THE BUREAU OF
CORRECTIONS ACT OF 2013” RULE I – PRELIMINARY
PROVISIONS Section 1. Short Title and Purpose. This
Revised Implementing Rules and Regulations, hereinafter
called the IRR, is hereby adopted and promulgated pursuant to
Section 23 of Republic Act (RA) No. 10575, otherwise known
as the “The Bureau of Corrections Act of 2013” for the
purpose of prescribing and applying the necessary rules and
regulations for the strengthening of the correctional services.
RULE II – GENERAL PROVISIONS Section 2. Declaration
of Policy. It is the policy of the State to promote the general
welfare and safeguard the basic rights of every prisoner
incarcerated in our national penitentiary by promoting and
ensuring their reformation and social reintegration, creating an
environment conducive to rehabilitation and compliant with
the United Nations Standard Minimum Rules for Treatment of
Prisoners (UNSMRTP). It also recognizes the responsibility of
the State to strengthen government capability aimed towards
the institutionalization of highly efficient and competent
correctional services. The concept of imprisonment is stated in
Rule 57 of UNSMRTP: “Imprisonment and other measures
which result in cutting off an offender from the outside world
are afflictive by the very fact of taking from the person the
right of self-determination by depriving him of his liberty.
Therefore the prison system shall not, except as incidental to
justifiable segregation or the maintenance of discipline,
aggravate the suffering inherent in such a situation.” The
concept of reintegration to society is stated in Rule 58 of
UNSMRTP: “The purpose and justification of a sentence of
imprisonment or a similar measure deprivative of liberty is
ultimately to protect society against crime. This end can only
be achieved if the period of imprisonment is used to ensure, so
far as possible, that upon his return to society the offender is
not only willing but able to lead a law-abiding and self-
supporting life.” And the concept of reformation is stated in
Rule 59 of UNSMRTP: “To this end, the institution should
utilize all the remedial, educational, moral, spiritual and other
forces and forms of assistance which are appropriate and
available, and should seek to apply them according to the
individual treatment needs of the prisoners.” On a national
scope, the Bureau of Corrections (BuCor) shall be able to
completely deliver the actual realization of deterrence (special
deterrence and general deterrence), restraint, reformation,
retribution, and restoration as major interventions for the
treatment of law offenders towards a safe, secure, harmonious
and progressive Philippine society. Towards this end, the State
shall provide for the modernization, professionalization and
restructuring of the Bureau of Corrections by upgrading its
Implementing Rules and Regulations of R.A. 10575 | Total
pages: 67 | Page 2 facilities, increasing the number of its
personnel, upgrading the level of qualifications of their
personnel and standardizing their base pay, retirement and
other benefits, making it at par with that of the Bureau of Jail
Management and Penology (BJMP), and maximization of land
use development for the agency’s sustainability. RULE III –
DEFINITION OF TERMS Section 3. Definition of Terms. For
purposes of this IRR, the following terms or words and phrases
shall mean or be understood as follows: a) Act – refers to R.A.
10575, entitled “An Act Strengthening the Bureau of
Corrections (BuCor) and providing Funds Therefor,” otherwise
known as the Bureau of Corrections Act of 2013. b) Active
Service – refers to the services rendered as a civilian official or
employee in the Philippine government including services
rendered in the uniformed service prior to the date of
separation or retirement. c) Admin – refers to Administrative.
d) Administrative Requirement – refers to the sufficient
provision of personnel, facilities, equipment and supplies. e)
Admission – refers to the manner of receiving national
inmates, a detainee or convicted person in a prison facility
committed by courts or other competent authority to serve
sentence for a certain period or for temporary
confinement. f) Base Pay – refers to a fixed amount of
compensation for regular work rendered, designated in the
Salary Schedule for Uniformed Personnel for all ranks
computed on monthly or annual basis, excluding fringe
benefits and other allowances. g) BuCor – refers to the
Bureau of Corrections. h) Bureau of Corrections – refers to
the central office and the prison and penal farms which are
known as colonies. The central office headed by the
Director General has control and supervision over the
prison and penal farms. i) Circumferential – refers to an
adjective for a set of activities, programs and areas of
concern which are interdependently concentrated toward
accomplishing a core objective or function. j) Civil
Identity – refers to societal functional identity recognized
and/or granted by government agencies and authorities
(i.e. Judge, Attorney, Accountant). k) Competent
Authority – refers to the President of the Republic
Philippines, Supreme Court, Court of Appeals,
Sandiganbayan, Regional Trial Court, Metropolitan Trial
Court, Municipal Trial Court, Municipal Circuit Trial
Court, Shari’a Court, and Military Courts, House of
Representatives, Senate, COMELEC, Bureau of
Immigration, Board of Pardons and Parole and other
courts of jurisdiction provided for by law. l) Criminal
Networks – refers to illegal arrangements and linkages
forged by shady characters aimed to conduct unlawful
activities. m) Deputy Director – refers to two (2) star rank
general officer of BuCor uniformed personnel. n) Deputy
Director General – refers to the second officer in
command of the BuCor with the rank of Assistant
Secretary as civilian employee in the uniformed service
who is authorized to wear the two (2) star rank insignia as
symbol of authority and command responsibility.
Implementing Rules and Regulations of R.A. 10575 | Total
pages: 67 | Page 3 o) Deterrence – When retribution is
imposed upon a person who has committed a crime, the
discomfort inflicted will dissuade the offender (and others)
from repeating the crime. When the theory refers to the
specific offender who committed the crime, it is known as
special deterrence. General deterrence describes the effect
that punishment has when it serves as a public example or
threat that deters people other than the initial offender
from committing similar crimes. p) Director General –
refers to the highest officer in BuCor with the rank of
Undersecretary as a civilian employee in the uniformed
service who is authorized to wear the three (3) star rank
insignia as symbol of authority and command
responsibility. q) DOJ – refers to the Department of
Justice. r) Inmate – refers to person confined in
jails/prisons to serve his/her sentence or for safekeeping
who is officially called Person Deprived of Liberty (PDL).
s) IRR – refers to the Revised Implementing Rules and
Regulations of RA 10575. t) National Inmate – refers to an
inmate sentenced by a court to serve a term of
imprisonment for more than three years or to a fine of
more than one thousand pesos; or regardless of the length
of sentence imposed by the court, to one sentenced for
violation of customs law or other laws within the
jurisdiction of the Bureau of Customs or enforceable by it;
or for violation of immigration and election laws; or to one
sentenced to serve two or more prison sentences in the
aggregate exceeding the period of three years, whether or
not he has appealed. It shall also include a person
committed to the Bureau of Corrections by a court or
competent authority for temporary confinement for similar
purpose. u) Person Deprived of Liberty (PDL) – refers to a
detainee, inmate, or prisoner, or other person under
confinement or custody in any other manner. However, in
order to prevent labeling, branding or shaming by the use of
these or other derogatory words, the term “prisoner” has been
replaced by this new and neutral phrase “person deprived of
liberty” under Article 10, of International Covenant on Civil
and Political Rights (ICCPR), who “shall be treated with
humanity and with respect for the inherent dignity of the
human person.” v) Personal Identity – refers to social
recognition accorded as member of the family (i.e. parent,
brother, sister, uncle, aunt, grandfather) and the community
(i.e. neighbor). w) Practitioner Research - refers to research
and/or workplace research such as evaluation performed by
individuals who also work in a professional field as opposed to
being full-time academic researchers. x) Prison – refers to a
government establishment where national inmates/prisoners
serve their sentence. Philippine prisons are also known as
penal colonies or Prison and Penal Farms. There are a total of
seven (7) penal colonies presently under the control and
supervision of the Bureau of Corrections. y) Reformation –
refers to 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. z) Release – refers to the procedures
where an inmate is discharged from prison by expiration of
sentence; granted parole, grant of any other forms of executive
clemency, and order of the court or competent authority.
Implementing Rules and Regulations of R.A. 10575 | Total
pages: 67 | Page 4 aa) Reservation – refers to a penal/prison
land reservation area comparable to a military reservation area.
bb) Restoration – refers to a victim-oriented approach to crime
that emphasizes restitution (compensation) for victims. This
intervention advocates restoring the victim and creating
constructive roles for victims in the criminal justice process,
rather than focus on the punishment of criminals. cc)Restraint
– refers to confinement to incapacitate or deny a criminal the
ability or opportunity to commit further crimes that harm
society. dd) Retribution – refers to making a person
accountable for offense committed, by serving sentence,
community service, fines, and other means. ee) Safekeeping –
refers to the custodial mandate of the BuCor’s present
corrections system, and 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. The
safekeeping of inmates shall moreover comprise decent
provision for their basic needs, which include habitable
quarters, food, water, clothing, and medical care, in
compliance with the established UNSMRTP, and consistent
with restoring the dignity of every inmate and guaranteeing
full respect for human rights. The complementary component
of Safekeeping in custodial function is Security which ensures
that inmates are 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. Security also includes protection against illegal
organized armed groups which have the capacity of launching
an attack on any prison camp of the national penitentiary to
rescue their convicted comrade or to forcibly amass firearms
issued to corrections officers. ff) Secretary – refers to the
Secretary of Justice. gg) Security Camp – refers to a large
enclosed area with dormitories, sports facilities, classrooms,
medical facilities, religious facilities, and other necessary
facilities where national inmates/prisoners are confined to
serve their sentence. There are at least three (3) types of
security camps: Maximum Security Camp, Medium Security
Camp, and Minimum Security Camp. (Jailed inmates are
confined in “prison cells” called “jails” - not in security
camps, while undergoing court trials or awaiting court
sentence.) hh) Seniority and Lineal List (SLL) – refers to a
document containing the names of all officers in the active
corrections service, arranged by grade and in accordance
with their relative seniority for each regular component,
and by service to which they are appointed. ii) Similar
Professional Skills – refers to prison administration,
resource management and engineering skills. jj) Victims –
refers to the casualties of the offense committed but is not
limited to those who filed the charges against the offender
but also include the family of the offender himself. RULE
IV – MANDATES OF THE BUREAU OF
CORRECTIONS AND TECHNICAL OFFICERS Section
4. The Mandates of the Bureau of Corrections. The BuCor
shall be in charge of safekeeping and instituting
reformation programs to national inmates sentenced to
more than three (3) years through progressive, effective,
and efficient administration. Implementing Rules and
Regulations of R.A. 10575 | Total pages: 67 | Page 5 a)
Safekeeping of National Inmates. In compliance with
established United Nations Standard Minimum Rules for
the Treatment of Prisoners (UNSMRTP), the safekeeping
of inmates shall include: 1. Decent and adequate provision
of basic necessities such as shelters/quarters, food, water,
clothing, medicine; 2. Proper observance of prescribed
privileges such as regulated communication and visitation;
and 3. Efficient processing of necessary documentary
requirements and records for their timely release. The
processing of these documentary requirements shall be
undertaken by the Directorate for Inmate Documents and
Records (DIDR). The core objective of these safekeeping
provisions is to “accord the dignity of man” to inmates
while serving sentence in accordance with the basis for
humane understanding of Presidential Proclamation 551,
series 1995, and with UNSMRTP Rule 60. b) Security of
National Inmates. The complementary component of
safekeeping in custodial function is security which ensures
that inmates are 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. Security also includes protection
against illegal organized armed groups which have the
capacity of launching an attack on any prison camp of the
national penitentiary to rescue their convicted comrade or
to forcibly amass firearms issued to corrections officers.
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. The circumferential security activities to be
undertaken are: 1. Proper custody; 2. Implementation of
prison laws and regulations, to include prevention of
prison violence and crimes; and 3. Efficient Recovery of
fugitives. The core security objectives of such activities
are a) to completely incapacitate inmates from further
committing criminal acts, and b) have them totally cut-off
from their criminal networks (or contacts in the free
society) while serving sentence at BuCor, to ultimately
protect the society against crime as provided for in Rule 58
of UNSMRTP. The conduct of these activities shall be
undertaken by the Directorate for Security and
Safekeeping (DSS), supported by Directorate for
Intelligence and Investigation (DII), and Directorate for
Plans and Program (DPP). c) Reformation of National
Inmates. The circumferential reformation programs which
will be institutionalized by BuCor for the inmates shall be
comprised of the following: 1. Moral and Spiritual
Program. This refers to the moral and spiritual
valuesformation of inmates which shall be institutionalized by
the Directorate for Moral and Spiritual Welfare (DMSW),
which include the practice of one’s religion and beliefs.
Participating Religious Volunteer Organizations (RVO) and
individuals shall be regulated and managed by DMSW. 2.
Education and Training Program. This refers to the
administration of formal and non-formal education, and skills
development of inmates which shall be institutionalized by the
Directorate for Education and Training (DET). Participating
volunteer teachers, professors, instructors, and trainers shall be
regulated and managed by DET. Implementing Rules and
Regulations of R.A. 10575 | Total pages: 67 | Page 6 3. Work
and Livelihood Program. This refers to the administration of
skills development programs on work and livelihood to
achieve self-sufficiency of inmates in the prison community
and for income generation of the agency. This shall be
institutionalized by the Directorate for Work and Livelihood
(DWL). Volunteer participating agencies, Non-Government
Organizations and individuals shall be regulated and managed
by DWL. 4. Sports and Recreation Program. This refers to the
administration of physical and recreational engagement to
achieve mental alertness and physical agility in the spirit of
sportsmanship. This shall be institutionalized by the
Directorate for Sports and Recreation (DSR). Volunteer
participating agencies, Non-Government Organizations and
individuals shall be regulated and managed by DSR. 5. Health
and Welfare Program. This refers to the administration of
proper nutrition, hygiene, sanitation, cleanliness and promotion
of good health to inmates. This also includes appropriate
provision of medical care or hospitalization of the sick,
mentally impaired, old aged, and disabled inmates. This shall
be institutionalized by the Directorate for Health and Welfare
Services (DHWS). Volunteer participating agencies, Non-
Government Organizations and individuals shall be regulated
and managed by DHWS. 6. Behavior Modification Program.
This refers to the administration of programs for the character
formation of an inmate necessary for effective interpersonal
relationship in the prison community. This program also
includes Therapeutic Community. This shall be
institutionalized by the Directorate for Behavior Modification
(DBM). Volunteer participating agencies, Non-Government
Organizations and individuals shall be regulated and managed
by DBM. The core objective in the administration of these
circumferential reformation programs is the effective treatment
of anti-social behavior and destructive personality disorders of
an inmate. d) Progressive Administration. Progressive
administration shall be achieved through objective intent,
constructive approach, and productive actions on every
administrative undertaking particularly towards personnel,
facilities, equipment, supplies, and BuCor lands. This aims to
subdue every subjective intent, destructive approach, and
counterproductive courses of actions carried out in the
previous years prior to the promulgation of this Act. 1.
Effectiveness and Efficiency. The effective and efficient
administration of agency resources shall be achieved through
the functional areas namely: Human Resource,
Comptrollership, Management, Engineering, Logistics, and the
Support Services. The core objective of these functional areas
is the administration of Functions and Programs towards
Initiation, Compliance, Proficiency, and Institutionalization. 2.
Sustainability of Operations. The administration’s primary
lookout is the continuity of projects and sustainability of
operations in the corrections service twenty four (24) hours a
day and seven (7) days a week in all circumstances such as
during natural calamities, changing of directors, and even
holidays because inmates are permanent responsibility and
accountability of BuCor. e) Corrections Technical Officers.
The reformation programs shall be undertaken by Professional
Reformation Personnel who are duly assisted by personnel on
other professional lines of expertise consisting of
Corrections Technical Officers with ranking system and
salary grades similar to Corrections Officers.
Implementing Rules and Regulations of R.A. 10575 | Total
pages: 67 | Page 7 1. Professional Lines of Expertise.
Corrections Technical Officers are referred to in this IRR
as personnel employed in the implementation of
reformation programs and those personnel whose nature of
work requires proximate or direct contact with inmates
such as Professional Administrative Personnel,
Professional Engineering Personnel, and Professional
Reformation Personnel. These are the three (3)
professional lines of expertise of Corrections Technical
Officers to ensure continuity of projects and sustainability
of operations in the corrections service. The word
“technical” does not necessarily denote the technicality of
their work but is used merely to distinguish these
personnel from the custodial officers who are working on
the security and safekeeping component of the corrections
service. The personnel strength in every line of expertise
shall follow its own pyramidal rank structure. 1.1 Duty.
Reformation Officers shall work on a one shift schedule
(except for medical personnel). Administrative and
Engineering Officers, on the other hand, shall stand by on
a 24-hour/7day-a-week “on call” status to be able to
address arising administrative and engineering
undertakings which require immediate action any time of
the day or night, without obligating the government for
overtime or holiday compensation. Such undertakings
include, among others, the processing of inmates’ release
papers even during holidays and weekends which cannot
be withheld even for one day to avoid arbitrary detention
( i.e. expiration of sentence or grant of parole or pardon by
the President, and others), financial and logistical
documents such as vouchers, checks, purchase
requests/orders to effect the necessary and immediate
transfer or movement of inmates, procurement of supplies
and equipment for emergency purposes and other similar
transactions. Also included are repairs of vital prison
facilities and equipment through civil, electrical, and
mechanical engineering works, alongside with the
maintenance of communications and transportation
services, to sustain daily custodial and reformation
operations. However, Engineering Officers, assigned as
duty drivers, duty electricians and similar duty
assignments shall work on a three-shift schedule. 1.2
Training. There shall be a separate and distinct training
program for each Corrections Technical Officer’s
professional line of expertise. Such training will be
different from the training of regular Corrections Custodial
Officers. 2. Competencies. Corrections Technical Officers
include, among others, priests, evangelists, pastors,
teachers, instructors, professors, vocational placement
officers, librarians, guidance counselors, physicians,
nurses, medical technologists, pharmacists, dentists,
therapists, nutritionists, psychologists, psychiatrists,
sociologists, social workers, engineers, electricians,
agriculturists, veterinarians, lawyers, accountants, budget
officers, finance officers, administrators, planning officers,
computer programmers, data encoders, and similar
professional skills relevant to the implementation of
inmate reformation programs, prison administration,
management of resources, and maintenance of facilities
and equipment.
RULE VIII – SUPERVISION OF THE BUREAU OF
CORRECTIONS Section 8. Supervision of the Bureau of
Corrections. The Department of Justice (DOJ), having the
BuCor as a line bureau and a constituent unit, shall maintain a
relationship of administrative supervision with the latter as
defined under Section 38(2), Chapter 7, Book IV of Executive
Order No. 292 (Administrative Code of 1987), except that the
DOJ shall retain authority over the power to review, reverse,
revise or modify the decisions of the BuCor in the exercise of
its regulatory or quasi-judicial functions. a) Administrative
supervision of the DOJ over BuCor shall entail the following:
1. Limited to the authority of the DOJ to generally oversee and
to insure that of BuCor’s administrative requirements are
managed effectively, efficiently and economically, without
interference with day-to-day activities; Implementing Rules
and Regulations of R.A. 10575 | Total pages: 67 | Page 21 2.
Review and pass upon budget proposals of BuCor but may not
decrease or add to them; b) Such authority shall not, however,
extend to: 1. Appointments and other personnel actions in
accordance with the decentralization of personnel functions
under the Revised Administrative Code of 1987, except appeal
is made from an action of the appointing authority, in which
case the appeal shall be initially sent to the department or its
equivalent, subject to appeal in accordance with law; and 2.
Contracts entered into by BuCor in the pursuit of its objectives,
the review of which and other procedures related thereto shall
be governed by appropriate laws, rules and regulations.
RULE IX – ORGANIZATION AND KEY POSITIONS OF
BUCOR Section 9. Organization and Key Positions of the
Bureau of Corrections. a) Key Positions. The BuCor shall be
headed by a Director who shall be assisted by three (3) Deputy
Directors: one (1) for administration, one (1) for security and
operations and one (1) for reformation, all of whom shall be
appointed by the President upon the recommendation of the
Secretary of the DOJ: Provided, That the Director and the
Deputy Directors of the BuCor shall serve a tour of duty not to
exceed six (6) years from the date of appointment: Provided,
further, That in times of war or other national emergency
declared by Congress, the President may extend such tour of
duty. Upon the implementation of this Act, the incumbent
Director and Deputy/Assistant Directors of BuCor shall
continue their tour of duty as Director General and Deputy
Director Generals of Corrections. However, in no instance
shall any Director of Corrections or his Deputy Director
Generals be permitted to serve more than one (1) tour of duty
in the prison service. b) Officers in Command. The Head of the
BuCor, with the rank of Undersecretary, shall have the position
and title of Director General of Corrections and shall bear the 3
star rank insignia for the present personnel strength of the
agency. The second officers in command of the BuCor, with
the rank of Assistant Secretary, shall have the position and title
of Deputy Director Generals of Corrections, and shall bear the
2 star rank insignia. The third officer in command of the
BuCor, with the rank of Chief Superintendent, shall have the
position and title of Corrections Chief Superintendent. The
fourth officer in command of the BuCor, with the rank of
Senior Superintendent, shall have the position and title of
Corrections Senior Superintendent. The fifth officer in
command of the BuCor, with the rank of Superintendent, shall
have the position and title of Corrections Superintendent.
However, when the organization expands to the size
comparable to several infantry divisions (or several regional
commands), the area commander in a cluster of a division shall
have the rank of Deputy Director, bearing the 2 star rank with
a salary grade of 28 in the uniformed pay scale, as third officer
in command, while the Deputy Director General of Corrections
(as Assistant Secretary) shall be the second in Command
which shall bear the 3 star rank insignia, while the Director
General of Corrections (as Undersecretary) shall bear the 4 star
rank insignia being the first officer in command. The Chief
Superintendent shall then be the fourth officer in command,
while the Senior Superintendent shall be the fifth officer in
command. Consequently, a regional technical officer shall
have the rank of Corrections Technical Chief
Superintendent with a salary grade of 27 in the uniformed
pay scale, who shall also be considered fourth officer in
command. During such time, the candidates for Director
General of Corrections and Deputy General of Corrections
for the Implementing Rules and Regulations of R.A.
10575 | Total pages: 67 | Page 22 appointment of the
President shall be the retired Deputy Directors and Chief
Superintendents from the ranks of BuCor’s uniformed
personnel. c) Organization and Staffing. The Department
of Budget and Management (DBM) shall rationalize the
existing organizational structure and staffing pattern of the
BuCor in accordance with the provisions of this Act (not
according to EO 366) and relevant compensation and
position classification laws, rules and regulations. 1)
Organizational Key Features. The organizational structure
shall uphold the key features of a sound and functional
organization befitting a uniformed service namely: chain
of command, specialization, centralization, formalization,
departmentalization, span of control, and decentralization.
2) Structural Levels. The structural levels in the
organization shall be in the following order: command
group, directorates, support service, and the operating
units. The Director General shall be assisted by the Head
Executive Assistant, the Program Management Office, the
Internal Affairs Service and the Internal Audit Unit. 3)
Staffing Design. The organizational structure shall have a
dynamic staffing design where personnel strength
proportionately increases or decreases as inmate
population rises or falls accordingly. Hence, the
organization shall be distinguished as a “Dynamic
Organization” apart from the common “Static
Organizations.” 4) Core Functions and Success Indicators.
All units in BuCor organization shall have a prescribed
core functions and success indicators. 5) Internal Affairs.
The Internal Affairs Service shall be patterned, as far as
applicable, after Title V of RA 8551, Sections 39 to 51. d)
Uniforms and Rank Insignias. BuCor personnel shall wear
a complete set of uniforms similar with its counterpart in
other uniformed service with a distinctive design
indicative of the Corrections Service and a unique set of
rank insignia which is different from rank insignias of
other uniformed service.
RULE X – PERSONNEL BUILD-UP OF BUCOR
Section 10. Increase of Personnel. The BuCor shall
maintain the custodial personnel-toinmate ratio of 1:7 for
three (3) shifts and reformation personnel-to-inmate ratio
of 1:24 for one (1) shift. The reformation ratio is broken
down into the following: a) Moral and Spiritual personnel-
to-inmate ratio is 1:240; b) Education and Training
personnel-to-inmate ratio is 1:120; c) Work and
Livelihood personnel-to-inmate ratio is 1:180; d) Sports
and Recreation personnel-to-inmate ratio is 1:225; e)
Health and Welfare personnel-to-inmate ratio is 1:80; and
f) Behavior Modification personnel-to-inmate ratio is
1:150. Hence, it is authorized to increase its manpower to
meet such ratio and may continue to increase personnel
per percentage rate increase of committed inmates
annually or as the need arises particularly in the
Administrative personnel requirements which shall have a
ratio of 1:14.58, Engineering personnel ratio of 1:58.33,
Directorate for Reception and Diagnostics and Directorate
for External Relations combined personnel ratio of 1:120
(at 50% share each), and Directorate for Inmate
Documents and Records personnel ratio of 1:116.7. Such
increase of personnel shall be governed by a pyramidal
rank structure, not by organizational structure, to prevent
distortion in the chain of command.
RULE XI – PROFESSIONALIZATION, QUALIFICATIONS
UPGRADING, AND TRAINING OF UNIFORMED
PERSONNEL IN BUCOR Section 11. Professionalization and
Upgrading of Qualification Standards in the Appointment of
the BuCor Personnel. In order to effect the smooth transition of
BuCor into the Uniformed Service, the following guidelines
for the professionalization and upgrading of qualification
standards are hereby enumerated: a) Minimum Qualifications.
No person shall be appointed as personnel of the BuCor unless
one possesses the following minimum qualifications: 1) A
citizen of the Republic of the Philippines; 2) A person of good
moral character; 3) Must have passed the
psychiatric/psychological, drug and physical test for the
purpose of determining his/her physical and mental health; 4)
Must possess a baccalaureate degree from a recognized
learning institution; 5) Must possess the appropriate civil
service eligibility; 6) Must not have been dishonorably
discharged or dismissed for cause from previous employment;
7) Must not have been convicted by final judgment of an
offense or crime involving moral turpitude; and 8) Must be at
least one meter and sixty-two centimeters (1.62) m. in height
for male, and one meter and fifty-seven centimeters (1.57) m.
for female: Provided, That a waiver for height and age
requirement/s may be granted to applicants belonging to the
cultural communities: Provided, further, That a new applicant
must not be less than twenty-one (21) or not more than forty
(40) years of age. Except for this particular provision, the
above-enumerated qualifications shall be continuing in
character and an absence of anyone of them at any given time
shall be ground for separation or retirement from the service:
Provided, furthermore, That those who are already in the
service upon the effectivity of this Act shall be given five (5)
years from the date of such effectivity to obtain the minimum
educational qualification and eligibility with subsidiary
assistance as provided for in this Act.
RULE XII – APPOINTMENT OF UNIFORMED
PERSONNEL TO BUCOR Section 12. Appointment of
Personnel to the BuCor. The appointment of the BuCor shall
be effected in the following manners: a) Corrections Officer I
to Corrections Chief Superintendent – Appointed by the
Director General of Corrections, and attested by the Civil
Service Commission (CSC). b) Director General of
Corrections and Deputy Director General of Corrections –
Appointed by the President upon the recommendation of the
Secretary of the DOJ, with the proper endorsement by the
Chairman of the CSC: Provided, That when the organization
has established itself as a fully professionalized agency
preference shall be for one who has rose from the ranks in the
corrections service as similar to the appointment of Chief in
the AFP, PNP and BJMP. Section 13. Lateral Entry of Officer
into the BuCor. In general, all original appointments of officers
in the Bureau of Corrections shall commence with the rank of
Corrections Inspector and Corrections Technical Inspector
wherein applicants for lateral entry into the BuCor shall
include all those with highly specialized and technical
qualifications such as, but not limited to, civil engineers,
mechanical engineers, electrical engineers, chemical engineers,
chemist, architects, criminologists, certified public
accountants, nurses, physical therapists, dentists, social
workers, psychologists, sociologists, guidance counselors and
teachers. Doctor of Medicine, members of the Philippine Bar
and chaplains shall be appointed to the rank of Corrections
Senior Inspector and Corrections Technical Senior Inspector in
their particular technical service. a) Technical to Custodial
Transfer. A Corrections Technical Officer (CTO) shall be
allowed to transfer to Corrections Officer (CO) position
provided he or she is not more than thirty (30) years and
meets the minimum qualification standards for Corrections
Officer Recruit. Said transfer will mean that he or she will
undergo the necessary training for all Corrections Officer
and will be given the initial rank of Corrections Officer
equivalent to the Technical Officer rank, with the serial
number next to that of the last Corrections Officer.
Provided, the applicants for lateral entry who are not from
BuCor must not be more than thirty (30) years old and
with at least three (3) years’ work experience in their fields
of specialization, except for the members of the bar, doctor
of medicine, and chaplain. Applicants under the waiver
program, however, must not be more than thirty-five (35)
years old. Applicants who are in the active service shall be
considered for appointment through lateral entry provided
that they possess highly specialized and technical
qualifications as provided herein. Provided, further, that all
lateral entry applicants shall meet the general
qualifications for appointment in the uniformed service,
and that there are no organic personnel from BuCor who
are qualified to fill-in the rank. Implementing Rules and
Regulations of R.A. 10575 | Total pages: 67 | Page 27 b)
Modes of Lateral Entry. The two (2) modes of lateral
Entry in the BuCor are as follows: 1. Lateral Entry from
the Outside. Any qualified individual who possesses
highly specialized and technical qualifications needed by
BuCor and who meets the qualification standards for
Lateral Entry may be appointed as Corrections
Inspector/Corrections Technical Inspector or Corrections
Senior Inspector/Corrections Technical Senior Inspector,
as the case may be; and 2. Lateral Entry from Within: 2.1)
Lateral Entry from Within for Custodial Officers. Any
qualified NonCommissioned Officer (NCO) of BuCor who
is a graduate of Corrections Officers Candidate School,
Bachelor of Science in Corrections Service, Criminology,
and related professional courses, needed by the institution
for Lateral Entry may be appointed as Corrections
Inspector or Senior Inspector, as the case may be. 2.2)
Lateral Entry from Within for Technical Officers. Any
qualified noncommissioned officer of BuCor who is a
graduate of Corrections Technical Officers Candidate
School, or who possesses highly specialized and technical
qualifications needed by the institution for Lateral Entry
may be appointed as Corrections Technical Inspector or
Corrections Technical Senior Inspector, as the case may
be. Lateral Entry from within will be prioritized over the
Lateral entry from outside BuCor. Lateral entry from
within shall be strictly within the professional lines of
expertise as in the following: Admin, Reformation, and
Engineering service. 2.3) Use of SLL for Promotion.
BuCor shall formulate the Seniority Lineal List for each
professional line of expertise (Custodial, Reformation,
Engineering, and Admin) according to certain criteria, to
be used during lateral entry. Diagnostics Personnel of
DRD and ERD shall fall within the Reformation SLL. Any
organic personnel who aspire to avail of lateral entry to a
different professional line of expertise shall be assigned
the lowest position in the Seniority Lineal List.
RULE XIII – PROFESSIONALIZATION AND
UPGRADING OF QUALIFICATION STANDARDS IN
THE APPPOINTMENT AND DESIGNATION OF
UNIFORMED PERSONNEL IN BUCOR Section 14.
Professionalization and Upgrading of Qualification
Standards in the Designation of Personnel of the BuCor to
Key Positions. The BuCor shall establish the Qualification
Standards subject to the approval of the Civil Service
Commission for purposes of appointment to ranks. a) Key
Positions. No person shall be designated to the following key
positions of the BuCor unless one has met the qualifications
provided therein: 1) Sub-Colony Supervisor – Should have the
rank of Corrections Senior Inspector (CSI), who have finished
at least second year Bachelor of Laws or earned at least twelve
(12) units in a master’s degree program in management, public
administration, public safety, criminology, penology,
sociology, national security administration, defense studies or
other related disciplines from a recognized institution of
learning, and must have satisfactorily passed the necessary
training or career courses for such position as may be
established by the BuCor; 2) Colony Assistant Superintendent
– Should have the rank of Corrections Chief Inspector (CCI),
who must have finished at least second year Bachelor of Laws
or earned at least twenty-four (24) units in a master’s degree
program in management, Implementing Rules and Regulations
of R.A. 10575 | Total pages: 67 | Page 28 public
administration, public safety, criminology, penology,
sociology, national security administration, defense studies or
other related disciplines from a recognized institution of
learning, and must have satisfactorily passed the necessary
training or career courses for such position as may be
established by the BuCor; 3) Colony Superintendent – Should
have the rank of Corrections Superintendent (CS), who must
be a graduate of Bachelor of Laws or a holder of a master’s
degree in management, public administration, public safety,
criminology, penology, sociology, national security
administration, defense studies or other related disciplines
from a recognized institution of learning, and must have
satisfactorily passed the necessary training or career courses
for such position as may be established by the BuCor:
Provided, That in prison and penal farms with an inmate
population of two thousand (2,000) but below three thousand
(3,000), the Colony Superintendent shall have the rank and
qualification of a Colony Corrections Senior Superintendent
(CSS); and 4) Regional Superintendent – Should have the rank
of Corrections Senior Superintendent (CSS) or Corrections
Chief Superintendent (CCS), who must be a graduate of
Bachelor of Laws or a holder of a master’s degree in
management, public administration, public safety,
criminology, penology, sociology, national security
administration, defense studies or other related disciplines
from a recognized institution of learning, and must have
satisfactorily passed the necessary training or career courses
for such position as may be established by the BuCor:
Provided, That in prison and penal farms with an inmate
population of three thousand (3,000) but below five thousand
(5,000), the Regional Superintendent shall have the rank and
qualification of a Colony Corrections Senior Superintendent
(CSS). Provided, further, That in prison and penal farms with
an inmate population of over five thousand (5,000), the
Regional Superintendent shall have the rank and qualification
of a Corrections Chief Superintendent (CCS). Any personnel
of the BuCor who is currently occupying such positions but
lacks any of the qualifications mentioned therein shall be given
five (5) years to comply with the requirements; otherwise, the
personnel shall be relieved from the position.
RULE XIV – ATTRITION SYSTEM Section 16. Attrition
System for the Personnel of the BuCor. There shall be an
established system of attrition for the personnel of the BuCor
within five (5) years from the effectivity of this Act to be
submitted by said Bureau to the DOJ for approval. Such
attrition system shall include, but is not limited to, the
provision of the following principles: a) Attrition by Demotion
in Position or Rank. Any personnel of the BuCor who is
relieved and assigned to a position lower than what is
established for the grade in the respective staffing pattern of
the BuCor, and who shall not be assigned to a position
commensurate to one’s grade within two (2) years after
such demotion in position shall be separated or retired
from the service. b) Attrition by Non-Promotion. Any
personnel of the BuCor who has not been promoted for a
continuous period of ten (10) years shall be separated or
retired from the service, except for those who are
occupying a third level position. The Maximum Tenure in
Rank shall be observed for promotion and attrition:
COI/CTOI- 3 years, COII/CTOII- 4 years, COIII/CTOIII-
5 years, CSOI/CTSOI- 6 years, CSOII/CTSOII- 7 years,
CSOIII/CTSOIII- 8 years, CSOIV/CTSOIV- until
retirement CI/CTI – 3 years, CSI/CTSI – 4 years,
CCI/CTCI – 5 years, CS/CTS – 6 years, CSS/CTSS – 7
years, CCS - 5 years CDD/CTCS – until retirement
Application of maximum tenure in rank shall be regulated
by BuCor circulars to be promulgated and issued
accordingly. Implementing Rules and Regulations of R.A.
10575 | Total pages: 67 | Page 51 c) Attrition by Relief.
Any personnel of the BuCor who has been relieved for just
cause and has not been given an assignment within two (2)
years after such relief shall be retired or separated. d)
Attrition by Attainment of Maximum Tenure in Position.
The maximum tenure of BuCor personnel holding key
positions is hereby prescribed as follows: Division Chief –
5 years, Director (of Directorate) – 6 years, Colony
Superintendent below 5,000 inmates – 6 years, Colony
Superintendent above 5,000 inmates – until retirement,
Regional Superintendent below 5,000 – 6 years, Regional
Superintendent above 5,000 inmates – until retirement.
Application of maximum tenure in Position shall be
regulated by BuCor circulars to be promulgated and issued
accordingly. e) Attrition by Other Means. Any personnel
of the BuCor with at least five (5) years of accumulated
active service shall be separated from the service based on
any of the following factors: 1. Inefficiency based on poor
performance during the last two (2) successive semestral
rating periods; 2. Inefficiency based on poor performance
for three (3) cumulative semestral rating periods; 3.
Physical and/or mental incapacity to perform one’s duties
and functions; or 4. Failure to complete the required career
courses and/or appropriates civil service eligibility for
his/her position except for justifiable cause or reason; and
5. Low potentiality, doubtful integrity and/or acts
inconsistent with the best interest of the service. f)
Separation or Retirement from the BuCor. Any personnel
who is dismissed from the BuCor pursuant to the above-
enumerated principles in this section shall be separated if
one has rendered less than twenty (20) years of service,
and be retired if one has rendered at least twenty (20)
years of service unless the concerned personnel is
disqualified by law to receive such benefits.
RULE XV – PROMOTION SYSTEM Section 17.
Promotion System for the Personnel of the BuCor. Within
six (6) months after the effectivity of this Act, the BuCor
shall establish a system of promotion for personnel of the
BuCor through the following principles: a) Rationalized
Promotion System. The rationalized promotion shall be
based on merit, seniority and on the availability of the
vacant ranks in the BuCor staffing pattern. Such system
shall be gender-fair so as to ensure that women personnel
of the BuCor shall enjoy equal opportunity for promotion
as to men. Promotion System shall be patterned after the
uniformed service promotion system which enforces the
maximum tenure in rank. b) Requirements for Promotion.
Any personnel of the BuCor shall not be eligible for
promotion to a higher rank unless one has merit the
minimum qualification standards or the appropriate civil
service eligibility set by the CSC, and has satisfactorily
passed the required psychiatric/psychological, drug and
physical test. Requirements for Promotion Implementing Rules
and Regulations of R.A. 10575 | Total pages: 67 | Page 52 shall
likewise be patterned after the uniformed service promotion
requirements such as mandatory training and mandatory
assignments, among others. c) Use of SLL for Promotion.
BuCor shall formulate the Seniority Lineal List (SLL)) for
each professional line of expertise (Custodial, Reformation,
Engineering, and Admin) according to certain criteria, to be
used during regular promotion. Diagnostics Personnel of DRD
and ERD shall fall within the Reformation SLL. d) Modes of
Promotion. The two (2) modes of promotion in BuCor are as
follows: 1. Regular Promotion. Any personnel of BuCor who
has attained the minimum qualifications for a rank which shall
include education, experience, training, and civil service
eligibility to include the physical characteristics and
personality traits required in the performance of the job, shall
be eligible for promotion to a higher rank. He should
successfully pass the corresponding promotional examination,
and the required psychiatric/psychological and drug tests. 2.
Special Promotion. Any personnel of BuCor who has exhibited
acts of conspicuous and gallantry at the risk of one’s life above
and beyond the call of duty shall be promoted to the next
higher rank. Those selected as such in a nationwide search
conducted by any civic organization duly accredited by the
DOJ and the Civil Service Commission shall be promoted to
the next higher rank: Provided, that these shall be validated by
the DOJ and the CSC based on established criteria upon
recommendation of BuCor. e) One (1) Year to Retirement. No
BuCor uniformed personnel who has less than one (1) year of
service before reaching the compulsory retirement age shall be
promoted to a higher rank or appointed to any other position.
RULE XVII – STANDARDIZATION OF SALARIES AND
BENEFITS Section 19. Standardization of the Base Pay and
Other Benefits of the Uniformed Personnel of BuCor. The
DBM shall determine the equivalent rank of the uniformed
personnel of the BuCor patterned after the existing ranks of
uniformed personnel of other departments and the military
whose adequate remuneration and benefits of its members
Implementing Rules and Regulations of R.A. 10575 | Total
pages: 67 | Page 53 is a prime concern of the State as provided
for in 1987 Constitution, Article XVI, Section 5, para 3. In
order to enhance the general welfare, commitment to service
and professionalism, the following are considered uniformed
personnel of BuCor: Custodial & Technical Rank Table with
Corresponding Rank Equivalent in the BJMP CORRECTIONS
CUSTODIAL OFFICER RANKS CORRECTIONS
TECHNICAL OFFICER RANKS BJMP OFFICER RANKS:
Corrections Chief Superintendent Jail Chief Superintendent
Corrections Senior Superintendent Corrections Technical
Senior Superintendent Jail Senior Superintendent Corrections
Superintendent Corrections Technical Superintendent Jail
Superintendent Corrections Chief Inspector Corrections
Technical Chief Inspector Jail Chief Inspector Corrections
Senior Inspector Corrections Technical Senior Inspector Jail
Senior Inspector Corrections Inspector Corrections Technical
Inspector Jail Inspector Corrections Senior Officer IV
Corrections Technical Senior Officer IV Senior Jail Officer 4
Corrections Senior Officer III Corrections Technical Senior
Officer III Senior Jail Officer 3 Corrections Senior Officer II
Corrections Technical Senior Officer II Senior Jail Officer 2
Corrections Senior Officer I Corrections Technical Senior
Officer I Senior Jail Officer 1 Corrections Officer III
Corrections Technical Officer III Jail Officer 3 Corrections
Officer II Corrections Technical Officer II Jail Officer 2
Corrections Officer I Corrections Technical Officer I Jail
Officer 1 a) Pay Schedule. The base pay, allowances and other
benefits of the abovementioned personnel shall be in
accordance with the existing compensation and position
classification laws and regulations. The BuCor personnel’s
base pay corresponding for each salary grade shall be
equal to the base pay of the corresponding rank
classification of counterparts in the BJMP, PNP, and AFP.
For this purpose, the following ranks of BuCor uniformed
personnel shall have a salary schedule of the following in
accordance with Section 12 of R.A. 9263 upon the
effectivity of this Act: CORRECTIONS CUSTODIAL
OFFICER RANKS SALARY GRADE CORRECTIONS
TECHNICAL OFFICER RANKS Corrections Chief
Superintendent 27 Corrections Senior Superintendent 26
Corrections Technical Senior Superintendent Corrections
Superintendent 25 Corrections Technical Superintendent
Corrections Chief Inspector 24 Corrections Technical
Chief Inspector Corrections Senior Inspector 23
Corrections Technical Senior Inspector Corrections
Inspector 22 Corrections Technical Inspector Corrections
Senior Officer IV 19 Corrections Technical Senior Officer
IV Corrections Senior Officer III 18 Corrections Technical
Senior Officer III Corrections Senior Officer II 17
Corrections Technical Senior Officer II Corrections Senior
Officer I 16 Corrections Technical Senior Officer I
Corrections Officer III 14 Corrections Technical Officer
III Corrections Officer II 12 Corrections Technical Officer
II Corrections Officer I 10 Corrections Technical Officer I
Implementing Rules and Regulations of R.A. 10575 | Total
pages: 67 | Page 54 b) Amount of Increase. The amount of
increase shall be the difference between the corresponding
rate in each designated grade for each rank less the amount
of the current base pay received by the uniformed
personnel of BuCor. c) Incentives and Awards System.
There shall be established incentives, awards and
decorations system which shall be administered by a board
under such rules, regulations and standards as may be
promulgated by BuCor, provided that equivalent awards
shall be given by BuCor for every award duly given by
respectable civic organizations in a nationwide selection
for outstanding achievement and/or performance of any
member. d) Health & Welfare Programs. It shall be the
concern of BuCor to provide leadership and assistance in
formulating health and welfare programs for its personnel.
The heads of all directorates shall take all proper steps
towards the creation of an atmosphere conducive to good
supervisor-subordinate relationship and the improvement
of personnel morale. e) Longevity Pay. Uniformed
personnel of BuCor shall be entitled to a longevity pay
equal to the longevity pay of other uniformed service,
which shall be reckoned from the date of personnel’s
original appointment in the Bureau, considered as total
duration of Active Service, as provided for in Section 71
of RA 6975 for PNP personnel. There shall also be
continuity of active service among personnel who
transferred to BuCor from other uniformed agencies and
also from applicable government civilian agencies
provided that no period of such civilian service longer than
BuCor service shall be credited for purposes of retirement.
The salary step increment of the appointed Director
General and the Deputy Director Generals shall also be
based on their active service in previous
uniformed/military or civilian employment in the
Philippine Government. f) Active Service. For purposes of
this IRR, active service of the uniformed personnel shall
refer to services rendered as an officer and non-officer,
cadet, trainee or draftee in any uniformed/military service
and services rendered as a civilian official or employee in
the Philippine Government prior to the date of separation
or retirement from BuCor: Provided, That the term active
service shall include confirmed services rendered as a
civilian employee in the Philippine government. g)
Allowances. BuCor uniformed personnel are also entitled to
receive subsistence allowance, quarter’s allowance, clothing
allowance, cost of living allowance, hazard pay, laundry
allowance, and all other allowances at a rate provided for
uniformed services agencies by existing laws. Likewise, as the
highest senior officers in direct command of a uniformed
service, the Director General and the Deputy Director Generals
shall also be entitled of similar allowances. h) Retention of
Existing Benefits. All benefits currently received by the
personnel of BuCor under existing laws shall continue to be
received by them without any diminution: Provided, however,
that it shall not constitute to double compensation. i) Collateral
Entitlements. BuCor personnel shall likewise receive
applicable collateral entitlements equivalent to those provided
in other uniformed service (e.g. Magna Carta, Hazardous Duty
Pay, Radiation Hazard Pay, Instructor’s Duty Pay, Combat
Pay, Specialist’s Pay, etc.), corresponding to a prescribed
percentage of their base pay. j) Benefits and Privileges. Active
BuCor personnel shall be entitled to commutation of leave,
educational benefits, disability benefits, and other benefits and
privileges as provided by the law. k) Special Privileges. BuCor
personnel shall also be entitled to special privileges such as but
not limited to positions held, benefits of awardees, internment
privileges, officer Implementing Rules and Regulations of
R.A. 10575 | Total pages: 67 | Page 55 commissionship, BuCor
personnel of the year and acknowledgements that will be
promulgated in a BuCor circular to be issued accordingly.
Section 20. Retirement and other Benefits. Upon compulsory
retirement, any Custodial Officer and Technical Officer from
the rank of Corrections Chief Superintendent and below shall
be entitled to retirement benefits computed on the basis of one
grade higher than the position last held: Provided, That the
retirement pay shall be subject to adjustments based on the
prevailing scale of base pay of the uniformed personnel in the
active service. a) Monthly retirement pay. This shall be fifty
percent (50%) of the base pay and longevity pay of one grade
higher of the retired grade in case the twenty (20) years of
active service, increasing by two and a half percent (2.5%) for
every year of active service rendered beyond the twenty (20)
years to a maximum of ninety percent (90%) for thirtysix (36)
years of active service and over. Provided, that, the uniformed
personnel shall have the option to receive in advance and in
lump sum his retirement pay for the first five (5) years:
Provided, further, that payment of the retirement benefits in
lump sum shall be made within six (6) months from effectivity
date of retirement and/or completion: Provided, finally, that
retirement pay of the BuCor personnel shall be subject to
adjustments based on the prevailing scale of base pay of
uniformed personnel in the active service. b) Retirement 20
years or more in the service with Total Physical Disability
(TPD). BuCor personnel who, having accumulated at least
twenty (20) years of active service, incurs total permanent
physical disability in line of duty shall be compulsorily retired
and shall have a retirement benefit computed at one grade
higher, and a monthly disability pension based on existing
applicable laws. c) Retirement 20 years or more in the service
with Physical Disability (PD). BuCor personnel, who having
accumulated at least twenty (20) years of active service, incurs
physical disability in line of duty other than total permanent,
may, at his option, be retired. He shall have a retirement
benefit computed at one grade higher, and a monthly disability
pension based on existing applicable laws. d) Retirement by
Death. BuCor personnel with at least twenty (20) years of
accumulated satisfactory service who dies in line of duty, shall
be considered retired for survivorship benefits. The survivors
shall be entitled to a monthly annuity equivalent to fifty per
centum of his base and longevity pay based on the next higher
grade he holds. e) Retirement Title-Rank. Although all
retirement pay is one grade higher than the last grade held,
all retirement title-ranks shall also be one rank higher
except for Senior Superintendent or higher, which shall
remain as their last held rank in the service. f) Separation
Pay. Personnel who have accumulated less than twenty
(20) years of active service and who voluntarily resign or
otherwise fail to comply with the standards of competence
and proficiency of BuCor, low potentiality, doubtful
integrity and/or acts inconsistent with the best interest of
the service, shall be separated from the service through
BuCor Efficiency and Separation Board (ESB). He shall
be entitled to a separation pay equivalent to one month
base and longevity pay of the permanent grade he holds
for every year of active service, upon the recommendation
of ESB, subject to the approval of the Director General. g)
Separation of Less than 20 years with Total Physical
Disability (TPD). A personnel who incurs in line of duty
Total Permanent Physical Disability with less than twenty
(20) years of service shall be separated from the service in
the next higher grade he holds. He shall have a separation
benefit equivalent to one and one-fourth (1 ¼ ) months
base pay Implementing Rules and Regulations of R.A.
10575 | Total pages: 67 | Page 56 and longevity pay for
every year of service, or a fraction thereof, computed at
one grade higher. h) Separation Less than 20 years with
Physical Disability (PD). A personnel who incurs in line of
duty Physical Disability other than total permanent before
completing twenty years (20) years of active service, may,
at his option, be separated in the grade next higher than the
permanent grade he holds. He shall have a separation
benefit equivalent to one and one-fourth (1 ¼ ) months
base pay and longevity pay for every year of service, or a
fraction thereof, computed at one grade higher. i)
Separation less than 20 years by death. BuCor personnel
with less than twenty years of active service who dies in
line of duty or on account of any wound, injury or illness
contracted in line of duty shall be considered separated
from the service in the next higher grade for survivorship
benefits. The survivors shall be entitled to a monthly
annuity equivalent to fifty per centum of his base and
longevity pay based on the next higher grade he holds. j)
Exemption from Attachment and Taxes. All benefits
granted by this Act shall not be subject to attachment,
levy, execution or any tax of whatever nature. k)
Uniformed Personnel Missing in Action. Any personnel
who while in the performance of duty or by reason of his
being a BuCor personnel is officially confirmed missing in
action, kidnapped or captured by lawless elements shall,
while so absent, be entitled to receive or to have credited
to this account the same pay and allowances to which the
BuCor personnel was entitled at the time of the incident,
provided, that the compulsory retirement of a person
missing in action shall be processed to allow members of
his family or his next of kin to enjoy the retirement
benefits, provided, further, that should the head of the
prison and penal farm, as the same maybe, upon
recommendation of the proper authority and or immediate
supervisor, subsequently determine that the BuCor
personnel concerned have been absent from duty without
authority, such officer shall reimburse the BuCor all such
amount and allowances received by him in accordance
with this paragraph and the following paragraph. l)
Payment of Salary and Allowances to the Heirs of
Uniformed Personnel. In case any personnel has been
officially confirmed missing in action under any of the
circumstance provided in the preceding paragraph, the
head of the prison and penal farm, as the case may be,
shall direct, subject to accounting and auditing rules,
payment of the missing uniformed personnel’s monthly
salary and allowances and other emoluments pertinent thereto
for his his/heirs as support for a maximum period of one (1)
year from the date of the commencement of the missing officer
or when last heard from as those kidnapped or captured by
lawless elements. m) Finding of Death and Termination of
Payment of Salary and Allowances. Upon the termination of
one (1) year period as specified in the preceding paragraph, the
missing uniformed personnel shall be automatically
terminated. In the event said personnel shall thereafter be
found to have been alive and is not entitled to the benefits paid
under the preceding paragraphs of this IRR, said benefits shall
be reimbursed to the BuCor within six (6) months from the
discovery of the fact or his reappearance. However, if his
continued disappearance was fraudulent or made in bad faith,
he shall, together with his co-conspirators (if any), shall be
prosecuted according to law; n) Complaints and Grievances.
Uniformed personnel shall have the right to present complaints
and grievances to their superiors officers and have them heard
and adjudicated as expeditiously as possible in the best interest
of the service, with due regard to due process in every case.
Such complaints or grievances shall be resolved at the prison
Implementing Rules and Regulations of R.A. 10575 | Total
pages: 67 | Page 57 and penal farm administration level and the
respondent shall have the right to appeal from an adverse
decision to higher authorities. o) Prohibitions; Penalties. As
professional corrections officers responsible for the
maintenance of peace and order and public safety, they are
thereby strictly prohibited from engaging in strikes, joining
rallies, participating in demonstrations and other similar acts or
performing other acts inimical or prejudicial to good order and
discipline. Any personnel found guilty by final judgment of
violating the provisions on this rule shall be dismissed from
the service without prejudice to whatever criminal or civil
liability he may be incurred in relation to such violations. p)
Other Undertakings. All other service-related undertakings by
BuCor personnel which are not mentioned in this IRR (such as
in times of war, insurgency uprising, mutiny, hostage
incidents, Termination of Salaries/Allowances/Benefits,
Complete Disability Discharge (CDD), and others), shall be
dealt with in accordance with the authorized and lawful
practices of other uniformed services, which shall be regulated
by BuCor circulars to be promulgated and issued accordingly.
CONDUCT OF BODY SEARCH TO
VISITORS
BJMP STANDARD OPERATING PROCEDURES
NUMBER 2010 - OS CONDUCT OF BODY SEARCHES
ON JAIL VISITORS
I. REFERENCES
1. Memorandum dated 30 April 2002 re: Prohibiting Female
lesbian Jailguards to Perform Search and Custodial Functions
on Female Inmates and Visitors; 2. Memorandum dated 30
November 2001 re: Policy on Strip Search;
3. Memorandum dated 11 January 2001 re: Conduct of Strip or
Body Search;
4. Chapter 200, Section 2.29 of Pinal County Sheriff's Office
Adult Detention Center Facility Procedures re: Admission
Searches;
5. Strip Searches and Pat Searches, Number 09-01-22, Boulder
County Jail Policy Procedure Manual;
6. BJMP Revised Manual 2007;
7. BJMP SOP 2004-02 dated 14 November 2004 re:
Control of Contraband and Physical Evidence;
8. Black's Law Dictionary. Abridged Fifth Edition. West
Publishing. 1979;
9. Revised Rules of Court of the Philippines;
10. Republic Act no. 9165 - "The Comprehensive
Dangerous Drugs Act of 2002"
11. Republic Act no. 7438 - "An Act Defining Certain
Rights of Person Arrested, Detained or Under Custodial
Investigation as well as the Duties of the Arresting,
Detaining and Investigating Officers, and Providing
Penalties for Violations Thereof"; and
12. Dangerous Drugs Board Regulation No.1, s. 2002 re:
Guidelines on the Custody and Disposition of Seized
Dangerous Drugs, Controlled Precursors and Essential
Chemicals, and Laboratory Equipment.
13. Revised Penal Code
II. BACKGROUND/RATIONALE
The proliferation of contrabands in jail facilities ;s a
perennial problem that the BJMP is confronting since its
inception. Contrabands in the hands of inmates jeopardize
jail security and hamper rehabilitation programs. The use
of various types of searches shall be necessary to protect
the safety of visitors, inmates and personnel. It shall be
used to detect and secure contrabands with the aim of
safeguarding the security of the facility. However, time
and agarn, adverse claims and reports that vrsitors are
sexually abused/harassed during the conduct of body
searches have put the Bureau in the bad light. While the
conduct of various types of searches is indispensible in our
campaign to prevent the entry of contrabands, it should be
reasonably implemented with utmost care and faimess to
protect the rights of the subject as well as shield the jail
personnel from harassment complaints.
III. PURPOSE AND SCOPE
This SOP aims to provide adequate safeguards against the
introduction of contrabands into jail facilities and to
establish gUidelines for different types of searches. All
searches should be conducted in a professional manner,
without violating the legal rights of visitors/inmates and
with due respect and regard to human dignity.
IV. DEFINITION OFTERMS
ARREST - is the taking of a person into custody in order
that he may be bound to answer for the commission of an
offense.
CONTRABAND - any article, item, or thing prohibited by
law and/or forbidden by jail rules that would pose as
security hazards or endanger the lives of inmates. For this
policy, contraband is further divided into the following
categories:
• Illegal contraband - unlawful in itself and not because of
some extraneous circumstance (Le. dangerous drugs,
weapons, potential weapons, explosives)
• Merely prohlblted and nuisance contrabands - are those
that may not be classified as illegal under the law but are
forbidden by jail rules.(Le. cellphone, money or other
commodities of exchange such as jewelry, appliances and
gadgets, excessive wearing apparels and sleeping
paraphernalia, intoxicating liquors, cigarettes, pornographic
materials, gambling paraphernalia and other products that are
considered vices).
DANGEROUS DRUGS - means dangerous drugs as defined
in Article I Sec. 3(j), RA 9165. Such drugs include, but not
limited to, heroin, morphine, opium, cocaine or cocaine
hydrochloride, marijuana, marijuana resin, marijuana resin oil,
methamphetamine hydrochloride or "shabu",
methylenedioxymethamphetamine (MDMA) or "ecstacy",
paramethoxyamphetamine (PMA), trimethoxyamphetamine
(TMA), lysergic diethylamine (LSD) and gamma
hydroxybutyrae (GHB).
PHYSICAL EVIDENCE - items with eVidentiary value used
in an administrative disciplinary proceeding or court
proceeding.
PAT/FRISk SEARCH - is a search wherein the officer pats or
squeezes the subject's clothing to attempt to detect
contraband/so For same gender searches the Pat/Frisk search is
normally accomplished in concert with Rub Search.
RUB SEARCH - is a search wherein the officer rubs and/or
pats the subject's body over the clothing, but in a more intense
and thorough manner. In a rub search, the genital, buttocks,
and breast (of females) areas are carefully rubbed-areas which
are not searched in a frisk/pat search. Rub searches shall not be
conducted on cross-gender individuals. STRIP SEARCH - is a
search which involves the visual inspection of disrobed or
partially disrobed subject. VISUAL BODY CAVITY
SEARCH - is a search which involves the inspection of the
anus and/or vaginal area, generally requiring the subject to
bend over and spread the cheeks of the buttocks; to squat
and/or otherwise expose body cavity orifices.
PROBABLE CAUSE - is defined as facts sufficient to support
a reasonable belief that criminal activity is probably taking
place or knowledge of circumstances indicating a fair
probability that evidence of crime will be found. It requires
more than a mere "hunch," but less than proof beyond
reasonable doubt.
VISITOR - a person who enters a jail facility for a definite
period of time to meet an inmate or personnel of the Bureau or
conduct an official business or activity inside the jail. A visitor
includes the relative, friend, lawyer, doctor, spiritual adviser,
service provider or any person who enters the jail for the
purpose of seeing or conferring with an inmate.
v. GENERAL POLICY
1. Searches are to be conducted in the least intrUSIve manner,
while ensuring accomplishment of the intended purpose, yet
maintaining respect for individual dignity and insuring the
greatest level of privacy. Personnel performing searches shall
not be allowed to talk/discuss the search they performed unless
directed by the court or warden.
2. All visitors before being allowed entry into the jail must be
requested to submit the things they carry to a thorough
inspection and a thorough body search to prevent the entry of
contraband/s in our jails.
3. Money, jewelry, gadgets and other commodities of
exchange shall be duly turned over to the Property Custodian
for receipting and eventual safekeeping in a safety vault or
box. It shall be duly returned to the visitor upon his or her exit
from the jail facility. All visitors who refuse to undergo
search and inspection shall be refused entry into the jaiL
4. All male visitors shall be searched by male jail officers
while female visitors shall be searched by female jail
officers only. At no instance that a female homosexual jail
officer shall be allowed to conduct body search on female
jail visitors while a male homosexual jail officer cannot
body search a male jail visitor. Further, no person of the
opposite sex shall be allowed to conduct or view strip
searches.
5. In performing searches, sanitary gloves shall be worn by
the jail officer.
6. The search should not be more extensive than
necessary to determine the existence of contraband
believed to be concealed on the subject.
7. Strip search and Visual Body Cavity Search shall only
be conducted inside a searching room that is adequateIV
lighted, safe and guarantees confidentiality.
VI. GUIDELINES IN THE CONDUCT OF
PAT/FRISK/RUB SEARCH FOR VISITORS
1. All inmates' visitors who want to enter the jail facility
must be subjected to body search and inspection of their
belongings.
2. To perform a pat/frisk/rub search, the jail officer shall
accomplish the following:
a. Instruct the subject to remove items from pockets,
shoes, jackets, or any extra clothing.
b. Search the subject top to bottom being systematic: 1.
Shake out his/her hair;
2. Grasp the collar and feel for any hidden items.
3. Search each of the arms separately.
4. Run hands down the shirt front, checking the pocket and
stopping at the beltline. Then check the back using the
same process.
5. Once satisfied that all areas above the waist -the neck,
arms, chest, and back are clear, check the waistline to feel
for any small articles hidden.
6. From the waistline, run hands down the subject's
buttocks.
7. Then move both hands to one leg. Repeat process on the
other leg.
8. Finally, run hands over the subject's lower abdomen and
crotch carefully, feeling of concealed articles that may be
taped to these areas. If during the pat/frisk/rub search the
jail officer develops probable cause that contraband is
being hidden by the subject which is not likely to be
discovered, the Jail Officer shall request for a conduct of
strip search/visual body cavity search.
VII. GUIDELINES IN THE CONDUCT OF STRIP
SEARCH FOR VISITORS
The conduct of strip search shall be done provided all the
following conditions are met:
1. All strip search shall be conducted with the knowledge
of and directed by the Jail Warden or in his absence by the
Deputy Warden / Jail Officer of the Day. A Strip Search/
Visual Body Cavity Search Authorization (SSVBCSA)
(Annex A) shall be accomplished by the searcher for this
purpose. The SSVBCSA Form shall include information
that there is probable cause that contraband is being
hidden by the subject or subject to be strip searched is
suspected of bringing contraband inside the jail. It shall
particularly state the source of information, if known, and
the contraband to be brought in.
2. The visitor agrees to be strip searched which shall be in
writing to shield the jail officer performing the search
from harassment complaints. For this purpose, the Waiver
of Right on Strip Search / Visual Body Cavity Search
Form (Annex B) shall be signed by the visitor. It shaH be
duly explained by the jail personnel performing the search and
should be understood by the subject. If the subject refuses,
he/she will not be allowed to visit.
3. All strip search must be done in the confidentiality of an
enclosed space. This area must restrict the possibility of visual
access by person(s) not involved in the search.
4. To perform a strip search the jail officer shall accomplish
the following:
a. Direct the subject to remove his/her clothing and hand the
clothing to the searcher for inspection.
b. Clothing shall be examined by touch, using the squeeze and
rub method which crushes every part of the clothing.
c. Articles should be scanned for bulges and signs of openings
or freshly sewn areas. linings should not be overlooked.
d. The searcher shall have the subject perform the following
measures:
1. Hold his/her hands out in front of his/her body with fingers
spread;
2. Turn his/her hands over showing the officer each side;
3. Raise his/her arms over head allowing the officer to view
the subject's underarms;
4. Shake out his/her hair;
5. Open his/her mouth with head tilted back. Lifting his/her
tongue;
6. Have the subject lift his/her feet so that the soles and spaces
between the toes can be examined carefully.
e. Inspection of any covered wounds, casts, false teeth,
prosthesis, etc. shall be conducted with assistance of a jail
doctor or nurse.
f. After completion of the search, the officer shall return the
clothing to the subject and allow the subject to redress. 5. If
during the course of the strip search, the officer develops
probable cause that contraband is concealed in an area not
readily visible using the strip search, the officer shall proceed
on conducting Visual Body Cavity Search.
VIII. GUIDELINES IN THE CONDUCT OF VISUAL BODY
CAVITY SEARCH FOR VISITORS
1. To perform a visual body cavity search, the jail officer shall
have the subject visitor perform the following measures:
a. Males: have them raise their scrotum allowing the officer to
view underneath;
b. Females: have them raise their breast allowing the jail
officer to view under the breasts. If the subject is female, have
her squat down and cough. This should dislodge anything
hidden in the vaginal cavity.
c. Have the subject turn around with their back to the officer,
bend over and/or squat, and use their hands to spread their
buttocks allowing the officer to view the area of the anus or
vagina. While the subject is in such position, the jail officer
may further instruct him/her to cough to dislodge anything
hidden in the anus/vaginal cavity.
IX. ACTIONS TO BE TAKEN UPON DISCOVERY OF
CONTRABAND DURING SEARCH OF VISITORS
A. Merely Prohibited and Nuisance Contrabands
1. On first offense, the visitor shall be warned that it is
prohibited and that he/she is at risk of being considered
delinquent visitor if he/she do the same again. Contraband
shall be confiscated and turned over to the Property Custodian
who shall dispose them accordingly.
2. If the same visitor committed the same or similar act, he/she
shall be considered as delinquent visitor and shall be duly
recorded by the searcher in a separate logbook exclusively for
such visitors. It should be accessible to other searchers.
3. As disciplinary measure and for security reason, the warden
may impose an order to ban the entry of delinquent visitor in
accordance with the proviso of Sec. 4 (bl of the RA 7438
which provides: "The provisions of the above Section
notwithstanding, any security officer with custodial
responsibility over any detainee or prisoner may undertake
such reasonable measures as may be necessary to secure
his safety and prevent his escape."
4. Concerned inmate may also be subjected to disciplinary
process under the Inmates' Disciplinary Machinery if it is
established that he/she has participated directly or
indirectly in the commission of the offense.
B. Illegal Contraband except Dangerous Drugs
1. Possession of illegal contraband shall automatically
result to denial of entry and immediate arrest of subject
visitor. The provisions of RA 7438 shall apply. Section 2
of RA 7438 is hereunder provided for ready reference.
"Section 2. Rights of Persons Arrested, Detained or Under
Custodial investigation, Duties of Public Officers.
(a) Any person arrested, detained or under custodial
investigation shall at all times be assisted by counsel. (b)
Any public officer or employee, or anyone acting under
his order or his place, who arrests, detains or investigates
any person for the commission of an offense shall inform
the latter, in a language known to and understood by him,
of his rights to remain silent and to have competent and
independent counsel, preferably of his own choice, who
shall at all times be allowed to confer privately with the
person arrested, detained or under custodial investigation.
If such person cannot afford the services of his own
counsel, he must be provided with a competent and
independent counsel by the investigating officer.
(c) The custodial investigation report shall be reduced to
writing by the investigating officer, provided that before
such report is signed, or thumb-marked if the person
arrested or detained does not know how to read and write,
it shall be read and adequately explained to him by his
counselor by the assisting counsel provided by the
investigating officer in the language or dialect known to
such arrested or detained person, otherwise, such
investigation report shall be not and void and of no effect
whatsoever.
(d) Any extrajudicial confession made by a person
arrested, detained or under custodial Investigation shall be
in writing and signed by such person In the presence of his
counselor in the latter's absence, upon a valid waiver, and
in the presence of any of the parents, elder brothers and
sisters, his spouse, the municipal mayor, the municipal
judge, district school supervisor, or priest or minister of
the gospel as chosen by him; otherwise, such extrajudicial
confession shall be inadmissible as evidence in any
proceeding.
(e) Any waiver by a person arrested or detained under the
provisions of Article 125 of the Revised Penal Code, or
under custodial investigation, shall be in writing and
signed by such person in the presence of his counsel;
otherwise the waiver shall be null and void and of no
effect.
(f) Any person arrested or detained or under custodial
investigation shall be allowed visits by or conferences with
any member of his immediate family, or any medical
doctor or priest or religious minister chosen by him or by
any member of his immediate family or by his counsel or
by any national non-governmental organization duly
accredited by the Commission on Human Rights or by any
international non-governmental organization duly
accredited by the Office of the President. The person's
"immediate family" shall include his or her spouse, fiance
or fiancee, parent or child, brother or sister, grandparent or
grandchild, uncle or aunt, nephew or niece, and guardian
or ward. As used in this Act, "custodial investigation"
shall include the practice of issuing an "invitation" to a
person who is investigated in connection with an offense he is
suspected to have committed, without prejudice to the liability
of the "Inviting" officer for any violation of law."
2. The said contraband will be confiscated and may further be
used as evidence against the jail visitor in criminal
action/proceeding. Proper handling of evidence (Le. inventory,
labelling and receipting of physical evidence obtained) shall be
observed.
3. Confiscated contraband shall be properly turned over to the
jail property/contraband custodian who shall turn over it to the
police station where the subject visitor shall also be referred.
4. Subject visitor shall be arrested based on Sections 5 and 8 of
Rule 113 Arrest of the Revised Rules of Court.
5. A jail visitor who was found in possession of the contraband
must be coordinated and turned-over immediately to the
nearest police station who shall be the one to file the
appropriate case against him/her with the Prosecutor's Office
based on the report/complaint of the BJMP personnel who
made the search. Detaining the subject without court order in
the jail (BJMP manned jail) where he/she committed the said
offense might constitute arbitrary detention.
6. No violence or unnecessary force shall be used in making an
arrest. The person arrested shall not be subject to a greater
restraint than is necessary for his detention.
7. Concerned inmate may also be subjected to disciplinary
process under the Inmates' Disciplinary Machinery if it is
established that he/she has participated directly or indirectly in
the commission of the offense.
c. Dangerous Drugs
1. Possession of dangerous drugs shall automatically result to
denial of entry and immediate arrest of the subject visitor.
Applicable procedures and/or provisions of RA 9165 otherwise
known as the "Comprehensive Dangerous Drugs Act of 2002"
shall apply.
2. A jail visitor who was found in possession of the contraband
must be coordinated and turned-over immediately to the
Philippine Drug Enforcement Agency (PDEA). The jail
warden shall make the necessary report to be the basis for
filing of appropriate case against the subject.
3. For the custody and disposition of the confiscated/seized
dangerous drugs, Section 21 of RA 9165 shall apply, to wit:
"Section 21. Custody and Disposition of Confiscated, Seized,
and/or Surrendered Dangerous Drugs, Plant Sources of
Dangerous Drugs, Controlled Precursors and Essential
Chemicals, Instruments/ParaphernaUa and/or Laboratory
Equipment. - The PDEA shalt take charge and have custody of
all dangerous drugs, plant sources of dangerous drugs,
controlled precursors and essential chemicals, as well as
instruments/paraphernalia and/or laboratory equipment so
confiscated, seized and/or surrendered, for proper disposition
in the following manner:
(1) The apprehending team1 having initial custody and control
of the drugs shall, immediately after seizure and confiscation,
physically inventory and photograph the same in the presence
of the accused or the person/s from whom such items were
confiscated and/or seized, or his/her representative or counsel,
a representative from the media and the Department of Justice
(DOJ), and any elected public official who shall be required to
sign the copies of the inventory and be given a copy thereof;
(2) Within twenty-four (24) hours upon confiscation/seizure of
dangerous drugs, plant sources of dangerous drugs, controlled
precursors and essential chemicals, as well as
instruments/paraphernalia and/or laboratory equipment, the
same shall be submitted to the PDEA Forensic Laboratory for
a qualitative and quantitative examination;
(3) A certification of the forensic laboratory examination
results, which shall be done under oath by the forensic
laboratory examiner, shall be issued within twentyfour
(24) hours after the receipt of the subject item/s: Provided,
That when the volume of the dangerous drugs, plant
sources of dangerous drugs, and controlled precursors and
essential chemicals does not allow the completion of
testing within the time frame, a partial laboratory
examination report shall be provisionally issued stating
therein the quantities of dangerous drugs still to be
examined by the forensic laboratory: Provided, however,
That a final certification shall be issued on the completed
forensic laboratory examination on the same within the
next twenty-four (24) hours;
(4) After the filing of the criminal case, the Court shall,
within seventy-two (72) hours, conduct an ocular
inspection of the confiscated, seized and/or surrendered
dangerous drugs, plant sources of dangerous drugs, and
controlled precursors and essential chemicals, including
the instruments/paraphernalia and/or laboratory
equipment, and through the PDEA shall within twenty-
four (24) hours thereafter proceed with the destruction or
burning of the same, in the presence of the accused or the
person{s from whom such items were confiscated and/or
seized, or his/her representative or counsel, a
representative from the media and the DOJ, civil society
groups and any elected public official. The Board shall
draw up the guidelines on the manner of proper disposition
and destruction of such item/s which shall be borne by the
offender: Provided, That those item/s of lawful commerce,
as determined by the Board, shall be donated, used or
recycled for legitimate purposes: ProvIded, further, That a
representative sample, duly weighed and recorded is
retained;
(5) The Board shall then issue a sworn certification as to
the fact of destruction or burning of the subject item/s
which, together with the representative sample/s in the
custody of the PDEA, shall be submitted to the court
having jurisdiction over the case. In all instances, the
representative sample/s shall be kept to a minimum
quantity as determined by the Board;
(6) The alleged offender or his/her representative or
counsel shall be allowed to personally observe all of the
above proceedings and his/her presence shall not
constitute an admission of guilt. In case the said offender
or accused refuses or faits to appoint a representative after
due notice in writing to the accused or his/her counsel
within seventy-two (72) hours before the actual burning or
destruction of the evidence in question, the Secretary of
justice shall appoint a member of the public attorney's
office to represent the former;
(7) After the promulgation and judgment in the criminal
case wherein the representative sample/s was presented as
evidence in court, the trial prosecutor shall inform the
Board of the final termination of the case and, in turn,
shall request the court for leave to turn over the said
representative sample/s to the PDEA for proper disposition
and destruction within twenty-four (24) hours from receipt
of the same...."
4. Concerned inmate may also be subjected to disciplinary
process under the Inmates' Disciplinary Machinery if it is
established that he/she has participated directly or
indirectly in the commission of the offense.
X. SEPARABILITY CLAUSE
In the event that any provision or part of the policy be
declared unauthorized or rendered invalid by a competent
authority, those provisions not affected by such declaration
shall remain valid and effective. XI. XII. REPEALING
CLAUSE
All other existing issuances which are inconsistent with this
policy are hereby rescinded or modified accordingly.
XII. EFFECTIVITY This policy shall take effect immediately.
PROCEDURE IN ADMISSION AND
RELEASE OF INMATE
BJMP STANDARD OPERATING PROCEDURES
NUMBER 2010 - 04 ADMISSION AND RELEASING OF
INMATES
I. REFERENCES
1. United Nations Standard Minimum Rules for the Treatment
of Prisoners;
2. 1987 Philippine Constitution;
3. BJMP Manual Revised 2007;
4. Inputs of meetings: A Call for Action....working Group on
the Criminal Justice System facilitated by the JCRC; and
5. Memorandum to all Regional Directors dated 04 August
2010 reo Feedback and Referral Mechanism.
II. BACKGROUND/RATIONALE
The Guiding Principles of the United Nations Standard
Minimum Rules for the Treatment of Prisoners states, among
others, that "Imprisonment and other measures which result in
cutting off an offender from the outside world are afflictive by
the very fact of taking from a person the right of self-
determination by depriving him/her of his/her liberty.
Therefore, the prison system shall not, except as incidental to
justifiable segregation or the maintenance of discipline,
aggravate the suffering inherent in such a situation". Hence, a
well-planned and organized reception and release of detainees
is critical to achieving this. Relatedty, the Bureau, in its quest
for humane safekeeping and development of inmates, needs to
institutionalize a feedback and referral mechanism in which
stakeholders are notified of the status of the inmate under its
custody and thereby make appropriate action, if necessary, in
consonance with their respective mandate under the law. This
mechanism, in short, creates a channel between the
stakeholders with hope of speeding up the disposition of the
inmate's cases, protect his/her rights, provide the necessary
intervention and aid him/her in his{her reintegration into the
mainstream of the society. The correctional process that starts
with the admission of the inmate greatly influences his/her
attitude and behavior toward the custodial and rehabilitative
regimens he/she must undergo during confinement, and
perhaps, to some extent, affect his/her outlook and adjustment
after his/her release.
III. PURPOSE
This policy aims to provide a standardized admission and
releasing procedures of inmates at the jail facilities of the
Bureau of Jail Management and Penology as well as the
actions to be taken by the warden in relation to the case of the
inmate from the time he/she is admitted until the time of
his/her release.
IV. OBJECTIVES
1. To provide standardized guidelines in the admission of
inmates;
2. To institutionalize a feedback and referral mechanism
for the notification of stakeholders; and 3. To establish
standardized guidelines in the releasing of inmates.
V. PROCEDURE ON ADMISSION
A. DESK OFFICER
1. Upon commitment of an inmate, check the credentials
of the person bringing the inmate to determine his/her/their
identity and authority.
2. Make sure that the following documents are available:
• Commitment Order
• Information/Complaint
• Medical Certificate issued by Government Hospital 3.
Examine the arrest report and the authenticity of the
commitment order.
4. Take all cash and other personal property from the
inmate, list them down on a receipt form duplicate, duly
signed by him/her and countersigned by the inmate.
Original receipt should be kept for the record and
duplicate should be given to the inmate.
5. All cash and other valuables of the inmate must be
turned over to the Jail Property Custodian for safekeeping
and covered by a receipt.
B. RECORDS/ADMITTING OFFICER
1. Receives the documents from the DO and starts
the booking procedures.
2. Inmate is fingerprinted and photographed.
3. Inmate is strip-searched to check for any markings,
cuts, bruises, etc. and same shall be indicated in the
jail booking report.
4. Inmates clothing shall be checked for presence of
contrabands.
5. In a dialect that the inmate understands, he/she
shall be apprised of the provisions of Art 29 of the
RPC as amended by RA 6127.
6. If the inmate agrees to abide by the same
disciplinary rules upon convicted inmates, he/she
shall be asked to sign a Detainee's Manifestation.
Otherwise, the warden issues a Certification under
oath to the effect that the detainee was apprised of
the provision of Art 29 of the RPC as amended and
that the inmate refused to sign.
C. JAIL MEDICAL OFFICER
1. Conducts thorough check-up on the overall condition of
the inmate during the time he/she was brought to the jail.
2. Checks on the entries in the medical certificate to
ascertain any discrepancies and records any findings not
indicated.
D. CHIEF CUSTODIAL! OFFICER OF THE DAY
1. Orients the newly committed inmate of the rules and
regulations of the jail.
E. RECORDS! DESK OFFICER (as the case maybe)
1. Assigns the newly committed inmate to his/her cell.
F. JAIL WARDEN
1. Coordinate with concerned agencies regarding the case of
inmate for speedy disposition and to furnish them copy of the
needed documents available.
VI. PROCEDURE TO BE TAKEN ON INMATES
WHILE UNDER BJMP CUSTODY
1. The jail warden shall see to it that all the concerned agencies
and persons shall be informed of the commitment of the
inmate in his/her jail by submitting a written report. (Refer to
the sample/draft letters to different agencies).
2. The warden, through his paralegal officer, shall ensure that
the case of inmate is being attended to by the courts and
prosecutors' office by constantly coordinating with them with
the purpose of speeding-up the disposition of the case. For this
purpose, the sharing of non-confidential information with the
concerned agencies is encouraged.
3. The following agencies/persons shall be notified by the
warden upon commitment of the inmate:
a. Presiding Judge mandatory (to submit list of committed
inmates monthly)
b. Executive Judge/Clerk of court mandatory (to submit list of
committed inmates monthly)
c. PNP mandatory d. NBI mandatory
e. Family mandatory
f. PAD lawyer in case of indigent inmate
g. IBP legal aide in case of indigent inmate and unavailability
of PAD lawyer
h. Private lawyer upon request
i. Priest or religious minister upon request
j. Private physician upon request
k. Commission on Human Rights - as needed / to submit list of
committed inmates monthly
I. Public physician as needed m. Psychologist/Psychiatrist as
needed
n. Embassy mandatory in case of foreign national/alien
o. DSWD mandatory in case of CICL
p. Court (other branches) in case of multiple cases
VII. PROCEDURE ON RELEASING
A. DESK OFFICER
1. Upon receipt of Release Order, verifies authenticity of said
order.
B. RECORDS/ADMIN OFFICER
1. Starts processing inmates' release.
2. Checks inmate records to be sure that the data in the Release
Order coincide with the data in the inmates' carpeta (spelling
of name, offense, Criminal Case Number, etc.)
3. Checks that the inmate has no other pending case/s
4. Routes the Release Paper to different signatories. C.
PROPERTY CUSTODIAN
1. Checks on the receipt of property and returns to the inmate
his/her deposited items.
2.Makes sure that returned properties were duly received by
the inmate in his/her logbook.
D. DESK OFFICER
1. Puts into record the release of inmate and the condition
of the inmate upon his/her release.
E. JAIL WARDEN
1. Report to concerned agencies/persons the release of
inmate for aftercare program.
The following agencies/persons shall be notified by the
warden upon release of the inmate:
a. Barangay Captain-mandatory
b. Priest or religious minister-mandatory
c. Family if release is not witnessed by any member of
immediate family
d. Court in case of convicted inmate
VIII. SEPARABILITY CLAUSE
In the event that any provision or part of this SOP
be declared unauthorized or rendered invalid by a
competent authority, those provisions not affected by such
declaration shall remain valid and effective. IX.
REPEALING CLAUSE
All other existing issuances which are
inconsistent with this policy are hereby rescinded or
modified accordingly.
X. EFFECTIVITY
This policy shall take effect immediately.
Non-Institutional Corrections
Criminal Justice System
- The sum total of instrumentation which a
society uses in the prevention and control of crime
and delinquency.
- It is the machinery of the state or
government which enforces the rules of conduct
necessary to protect life and property and to maintain
peace and order.
- Refers to the system or process in the
community by which by which crimes are
investigated, and the persons suspected thereof are
taken into custody, prosecuted in court and punished,
if found guilty, provisions being made for their
correction and rehabilitation.
5 Pillars of the CJS
1. Law Enforcement
2. Prosecution
3. Judiciary/Court
4. Penology/Correction
5. Community
I. LAW ENFORCEMENT
- It occupies the frontline of the CJS because
they are regarded as the Initiator of the System.
- consists of the officers and men of the
Philippine National Police (PNP), National Bureau
of
Investigation (NBI), and other agencies.
- Law enforcement effects the arrest of those
people who violated the law.
- It investigates, makes arrest and prepares
evidence against the suspects needed to prosecute them.
II. PROSECUTION
- Prosecution takes care of evaluating the
evidence and formally charges the suspects before the
court.
- It serves as screening process on whether to file
a case based on evidence or dismiss the same and
determines what particular crime shall be formally filed
and presents the burden of proof against the suspect.
-The investigation and prosecution of all cases
involving violations of penal laws are lodged with the
Department of Justice (DOJ) through its National
Prosecution Service (NPS).
Department of Justice
-headed by the Secretary of Justice with three
Undersecretaries assisting him.
-It is mandated to uphold the rule of law and ensure
the effective and efficient administration of justice.
National Prosecution Service (NPS)
- The NPS was created by virtue of P.D. No. 1275
and it was enacted on April 11, 1978.
- It is mandated to assist the Secretary of
Justice in the performance of powers and functions
of the Department relative to its role as the
prosecution arm of the government, particularly the
investigation and prosecution of criminal offenses.
III. COURT
• Otherwise known as Judiciary is the
cornerstone or centerpiece of the system wherein it
determines whether the person charged with a
criminal offense is guilty or not.
• Its primary and most important function as a
component of the CJS is to decide whether the
accused is guilty or not guilty of the crime he is
accused of committing.
• One of their functions is also to conduct
arraignment and to hold trial before giving final
decision of the case.
IV. CORRECTION
- Considered as the weakest pillar in the
Philippine Criminal Justice System.
- It is the branch of administration of criminal
justice charged with the responsibility for the
custody, supervision and rehabilitation of
convicted offenders.
- It also deals with punishment, treatment
and incarceration of offenders.
V. COMMUNITY
-its function is to help and coordinate the program
of the government specifically on the maintenance
of peace and order.
Early Forms of Punishment
1. Blood Feuds
- Ancient culture developed the idea of
justice based on vengeance, retribution and
compensation. When a crime is committed; the
victim is expected to dole out justice with his own
hands. Punishment was carried out by the victim
personally, along with help provided by one’s
family. The offender will seek refuge in his family
and friends; as a result of this system, blood feuds
developed. Blood Feud is a continuing state of
conflict between two groups within a society
characterized by violence, usually killings and
counter-killings.
- Personal retaliation was later augmented by
blood feuds – in which the victim’s family or tribe
took revenge on the offender’s family or tribe.
2. Lex Talionis
- Also known as Law of Retaliation, it is a
principle developed in early Babylonian law and present
in both biblical and early Roman; law that criminals
should receive as punishment precisely those injuries
and damages they had inflicted upon their victims.
3. Corporal Punishment
- It is the dispensing of bodily harm in response
to or as deterring measure against crime.
- It includes flogging, beating, branding,
mutilation, blinding, and the use of the stock and
pillory.
5. Exile and Banishment
- It is a punishment by prolonged absence from one’s
country imposed by vested authority as a punitive
measure.
PHILIPPINE CORRECTIONS SYSTEM
It is composed of the institutions in the
government, civil society and the business sector
involved in the confinement, correction and restoration
of persons charged for and/or convicted of delinquent
acts or crimes. The public sector formulates sound
policies and rules on corrections, penology and jail
management, rehabilitation and restoration. All prisons
or penitentiaries, jails and detention centers are under
the direct control and supervision of the government.
It is important to note that the Philippines adheres to
the provisions of the UN Standard Minimum Rules for
the Treatment of Prisoners and UN Standard Minimum
Rules for Non-Custodial Measures (The Tokyo Rules)
and other international human rights instruments
which define and guarantee the rights of inmates.
(Baquilod Alvor, 2005).
The Philippine corrections system adopted two
approaches for treatment of offenders. These are the
Institutional-based treatment program (Institutional)
and the Community-based Treatment program
(Noninstitutionalized). These programs aimed towards
the improvement of offender’s attitude and philosophy
of life. Reformation and rehabilitation of inmates as
well as preparation for the reintegration in the
community are the ultimate goals of the programs.
INSTITUTIONAL BASED CORRECTION
In the Philippines, there is a distinction between
a “jail” and “prison”.
Jail is defined as a place of confinement for inmates
under investigation or undergoing trial, or serving
short-term sentences. This includes provincial,
district, city and municipal jails managed and
supervised by the Provincial Government and the
Bureau of Jail Management and Penology (BJMP),
respectively, which are both under the Department
of the Interior and Local Government (DILG).
Prison on the other hand, refers to the national
prisons or penitentiaries managed and supervised
by the Bureau of Corrections, an agency under the
Department of Justice (DOJ).
Two Categories of Inmates
According to the BJMP Comprehensive Operations
Manual 2015 Edition:
a. Prisoner – inmate who is convicted by final
judgment;
b. Detainee – inmate who is
undergoing investigation/trial or awaiting
final judgment.
Four Classes of Prisoners
There are four classes of prisoners (BJMP, 2015,
Section 17), they are:
a. Insular or National Prisoner – one who is
sentenced to a prison term of 3 years and 1 day to
death.
b. Provincial Prisoner – one who is sentenced
to a prison term of 6 months and 1 day to 3 years.
c. City Prisoner – one who is sentenced to a
prison term of 1 day to 3 years.
d. Municipal Prisoner – one who is sentenced
to a prison term of 1 day to 6 months.
Three Types of Detainees
There are three types of prisoners (BJMP, 2015,
Section 18), they are:
1. Those undergoing investigation
2. Those awaiting or undergoing trial
3. Those awaiting final judgment
Institutional Framework
The treatment of offenders and individuals who
are in conflict with the law is undertaken by the
government through the DOJ, the DILG, and the
DSWD.
Department of Justice (DOJ)
• Supervises the National Penitentiaries through
the Bureau of Corrections.
• Administers the Parole and Probation System
through the Parole and Probation Administration.
• Assist the President in the grant of executive
clemency through the Board of Pardons and
Parole.
Department of the Interior and Local Government
(DILG)
• Supervises and controls city, municipal and
district jails through the Bureau of Jail
Management and Penology.
• Manages the municipal jails that cannot yet be
supervised by the BJMP through the Philippine
National Police, including lock-up jails or precinct
jails that are used as temporary detention centers
for arrested individuals under investigation.
• Manage the provincial jails which, by law, keep
convicted offenders with prison sentences that
range from 6 months and 1 day to 3 years
through the Offices of the Provincial Governor.
Department of Social Welfare and Development
(DSWD)
• Operates and monitors rehabilitation centers
nationwide for juveniles in conflict with the law
(JICL) whose cases are still pending in court
through the Bureau of Child and Youth Welfare.
Bureau of Corrections (BuCor)
• It is an agency under the DOJ that is charged with
custody and rehabilitation of national offenders,
that is, those sentenced to serve a term of
imprisonment of more than 3 years.
• To carry out its mandate, the Bureau undertakes
the following:
• Safekeeping prisoners convicted by courts 3 years
and 1 day and above to serve sentence in prison
• Prevent prisoners from committing crimes.
• Provide inmates basic needs
• Ensure rehabilitation programs are made
available to the inmates for their physical,
intellectual and spiritual development.
• Develop livelihood programs to assist inmates
earn a living and develop their skills while in
prison.
Bureau of Jail Management and Penology (BJMP)
• The BJMP was created on January 2, 1991
pursuant to Republic Act 6975, replacing its
forerunner, the Jail Management and
Penology Service of the defunct Philippine
Constabulary – Integrated National Police
(PC-INP).
• The BJMP exercises administrative and
operational jurisdiction over all district, city
and municipal jails.
Corrections
• It is a branch of criminal justice
system concerned with the custody, supervision
and rehabilitation of offenders.
• Refers to the supervision of persons
arrested for, convicted of, sentenced for criminal
offenses.
Non-Institutional Based Correction or
Community-
Based Correction
• Refers to correctional activities that
may take place within the community or the
method of correcting sentenced offenders
without having go to prison.
Types of Community Based Sanctions
1. PROBATION
it is considered as a least severe sanction, and
may be used in conjunction with suspended
sentence and other options. Offenders meet their
probation officers periodically, either in person or
via call-in supervision.
2. INTENSIVE SUPERVISION
- it is an enhanced version of probation, where
offenders have increased contact with their
probation officers. Normally, the contacts begin
with 3 to 5 times a week with regular drug and
alcohol screenings. Contacts are diminished as
offenders demonstrate success on this option.
3. RESTITUTION AND FINES
- This option typically used in conjunction with
probation or may be used as stand-alone sanctions. It is
the most commonly used sanctions. - Restitution is the
repayment of the offender to victims who have suffered
financial losses as a result of the offender’s crime.
4. COMMUNITY SERVICE
- this is typically used in conjunction with
probation or may be used as stand-alone in sanction. It
requires the offenders to voluntarily donate their time
back to serving their community.
5. SUBSTANCE ABUSE TREATMENT
- Referrals are often provided when the offense
either includes some substance or there is evidence
during the intake process that an offender needs such
referral.
6. DAY REPORTING CENTERS - It requires the
offenders to report to a centralized location on a daily
basis to receive treatment and/or education.
7. HOUSE CONFINEMENT
- It is a program that requires offenders to
remain in their homes except for approved periods of
absence commonly used in combination with electronic
monitoring.
8. HALFWAY HOUSE
- It is used in residential setting. Offenders are
required to remain in the house at night but are
allowed to obtain employment in their respective
communities.
- Its goal is to provide offenders with a temporary
period of highly structured and supportive living so that
they will be better prepared to function in
independently in the community upon discharge.
9. BOOT CAMP
- It incorporates rigorous military style
punishments. It is designed as a short term residential
option whereby offenders are given acceptable
punishment and discipline.
10. DIVERSION
- It is a process whereby an alleged offender
(usually juvenile delinquent) is “turned away” from
further movement into the justice system.
History of Community Based Correction
1. Sanctuary
- It is one of the earliest forms of leniency,
and came into two forms:
Secular Sanctuary existed through the various
cities or regions that were set aside as a form of
neutral ground, safe havens from criminal
prosecution. Accused criminals could escape
prosecution by fleeting to these cities and
maintaining residence there.
Religious Sanctuaries began during 4th century
and were grounded in European Christian beliefs
that appealed to the kind of mercy of the church.
It consisted of place, usually a church or
monastery, where the king’s soldiers were
forbidden to enter for the purpose of taking an
accused criminal into custody.
2. Benefit of Clergy
- It was initially a form of exemption from
criminal punishment that was provided for clergy
in Europe during the 12th century. By the 14th
century it had been made available to all who
were literate. Judges in secular courts provided
this option but required the offenders to
demonstrate that they were indeed literate by
reading out loud Psalm 51.
3. Judicial Reprieve
-This was used at the full discretion of judges, in
cases where they did not believe that
incarceration was proportionate to the crime or
where no productive benefit was expected. It
simply suspended sentences of incarceration as
an act of mercy or leniency.
Reprieve means the temporary suspension or
delay in the implementation of a criminal sentence
ordered by the court.
-During the time of reprieve, the implementation
of the sentence is postponed. Nevertheless, that
does not imply that the sentencing and its legal
effects are no longer enforceable. Once the reprieve
expires, the criminal sentence will be executed as
orders by the court unless there are legal
circumstances that change the initial sentencing,
like the result of an appeal.
4. Recognizance
 -Recognizance or binding over for good behavior, is a
method of assuring good behavior extended at an early
date to a person charged with or convicted of
misdemeanor and was used in addition to or in
substitutions for other punishment.
-It involves the use of a bond or obligation entered into
by a defendant, who is bound to refrain from doing, or
is bound to do, something for a stipulated period, and
to appear in court on a specific date of trial or for final
disposition of the case.
DEVELOPMENT OF PROBATION
• Probation has historical root in the practice of
judicial reprieve in English common law. The
courts could temporarily suspend the execution of
a sentence to allow the defendant to appeal to the
crown for a pardon.
• During the time of King Henry VIII for instance, no
less than 200 crimes were punishable by death,
many of which were minor offense. Evolution of
punishment led to discontent by the society.
• JOHN AUGUSTUS
- John Augustus, the “Father of Probation”, is
recognized as the first true probation officer
although the first probation law was passed in
Massachusetts in 1878.
- He is a shoemaker and a member of
Washington Total Abstinence who practiced
probation in United States.
- Since Washingtonians abstained from alcohol,
they believed that alcoholic could be rehabilitated
through understanding, kindness and sustained
moral persuasion rather than punishments. - In
1841, he initiated his voluntary probation work by
bailing out a “common drunkard”, who served as
the first probationer.
- The drunkard was ordered to appear in court
accompanied by Augustus three weeks later for
sentencing, which surprised everyone there because
the former is a sober man, whose appearance and
demeanor had dramatically changed.
- This began Augustus’ 18-year career as a
volunteer probation officer. He advocated the
investigation process as one of the three main
concepts of modern probation, the other two
being intake and supervision.
- He also coined the term “probation” which
he derived from the Latin word “probare”,
meaning “to prove, to test”.
• JUDGE PETER OXENBRIDGE THATCHER
- Judge of Boston who used Release on
Recognizance (ROR) or bail and simply refrained
from taking any further actions.
• FATHER COOK
- A Bostonian who continued the work of
John Augustus by identifying youthful offenders
being tried in courts and whose cases were
committed by forces of circumstances and not
due to the criminal nature of offender.
- After finding the offender that the same
was not hard-core criminal and can still be
reformed, Father Cook presented himself before
the court as adviser of the offender.
• Through the effort of John Augustus and
Father Cook, it resulted to the creation of
legislation of the First Probation Law in
Massachusetts that is signed into law by Gov.
Alexander H. Rice on April 26, 1878
• In 1887, the city of Boston appointed
Edward H. Savage, former chief of police of the
same city, as the first probation officer of the
government.
• In 1898, Vermont is the second state that
passed probation law. But unlike in
Massachusetts, the probationers pay probation
officers, not the government, for supervising
them.
• Matthew Davenport Hill
- “Father of Probation in England”
As a young professional, Hill had witnessed
the sentencing of the youth offenders to one day
term with the condition that the latter would be
returned to their parents or guardians who would
closely supervise them.
When he held the judicial post of Recorder in the City of
Birmingham, he also practiced it to selected offenders
who demonstrated a promise for rehabilitation and
reformation. They were placed under the custody of
responsible and willing individuals and Hill had officers
pay periodic visits to the latter to track the offender’s
status and development
• Probation of Offenders Act of 1907
- It is an act of the United Kingdom
Parliament, commonly referred to as just
Probation Act.
- This act allows courts to suspend
punishment and discharge offenders if they
enter into a recognizance between one and
three years, one condition of which was
supervision by a person named in the
probation order.
• Probation Act of 1925
- It is signed by President Calvin Coolidge
- It provided for a probation system in
the federal courts in the United States.
- It gave the courts the power to suspend
the imposition or execution of sentence and
place defendants on probation for such
period and on such terms and conditions as
they deemed best.
HISTORY OF PHILIPPINE PROBATION
• Provisions for Juvenile Probation
- In the Philippines, provisions for juvenile
probation have been embodied in Article 80 of the
Revised Penal Code. It states that sentence was
suspended for offenders under 16 years of age
accused of a grave or less grave felony, who were
then placed in the care and custody of public and
private entities.
- This was later amended on December 10, 1974
by Presidential Decree No. 603, known as the Child
and Youth Welfare Code which set the age of minority
to below 18 years of age at the time of the
commission of the offense.
- Moreover, Republic Act No. 6425 or the
Dangerous Drugs Act of 1972 provided for the
suspension of sentence and probation of a first-time
offender under 18 years of age at the time of the
commission of the offense.
• ACT NO. 4221
- It is the first probation law enacted by the
Philippine Legislature on August 7, 1935
- This created a Probation Office under the
Department of Justice, and provided probation for
first time offenders 18 years of age and above who
were convicted of certain crimes.
- However, two years after its
implementation, on November 16, 1937, the
Supreme Court declared it unconstitutional
through PEOPLE V. VERA due to the following
grounds:
▪ Encroaches upon the pardoning
power of the President
▪ Constitutes undue delegations of
legislative power
▪ Denies equal protection of the laws
• HOUSE BILL NO. 393
- In 1972. House Bill No. 393 was introduced
and filed in the Congress by Cong. Teodulo C.
Natividad and Cong. Ramon D. Bagatsing with the
purpose of establishing a probation system in the
country. - Its provision removed the defects of the
previous law that made it constitutionally and
procedurally defective.
- Despite the congress passing the bill, 393
was halted in the Senate of the Philippines upon
declaration of Martial Law.
• CONGRESSMAN TEODULO C. NATIVIDAD
- He is known as the “Father of Probation in
the Philippines”
- In 1975, he introduced another proposed
probation decree and was presented on April 24,
1976 at the seminar on the probation system
sponsored by the National Police Commission
(NAPOLCOM) at the UP Law Center. - The bill
underwent 18 technical hearings before it was
endorsed for approval.
• PRESIDENTIAL DECREE NO. 968
- On July 24, 1976, the “Adult Probation Law
of 1976” was signed into law by President
Ferdinand Marcos and took effect on January 3,
1978.
- With its enactment, it created the Probation
Administration with Congressman Teodulo C.
Natividad, who was recognized as the “Father of
Philippine Probation, as the first Administrator. -
Through this decree probation became an added
 component of the Philippine Corrections System and
proved it institutional worth.
• REPUBLIC ACT NO. 10707
was signed on November 26, 2015, by
President Benigno S. Aquino III.
- It was an Act amending Presidential Decree No.
968, otherwise known as the Probation Law of 1976.
• EXECUTIVE ORDER NO. 292
- The Administrative Code of 1987 was signed on
July 25, 1987 by Pres. Corazon C. Aquino.
- The Probation Administration became Parole
and Probation Administration (PPA).
- EO 292 expanded PPA’s mandate to include
supervised treatment of released prisoners, who after
serving a part of their sentence are released on parole
or granted presidential pardon with parole conditions.
NON-INSTITUTIONAL CORRECTION IN THE
PHILIPPINES
1. PROBATION
- It is a privilege granted by the court to a person
convicted of a criminal offense to remain in the
community instead of actually going to prison/jail.
2. PAROLE
- It is the conditional release of a prisoner from a
correctional institution after serving the minimum
period of prison sentence.
3. EXECUTIVE CLEMENCY
- Under Section 19, Article VII of the Constitution,
the President may grant reprieves, commutations and
pardons, and remit fines and forfeitures, after
conviction by final judgment. Executive Clemency
rests exclusively within the sound discretion of the
President.
4. SUSPENDED SENTENCE FOR FIRST-TIME MINOR
DRUG OFFENDER (FTMDO)
- It is availed only once by an accused drug
dependent who is a first-time offender over 15 years
of age at the time of commission of violation of
Section 15 of RA 9165 (Comprehensive Dangerous
Drugs Act of 2002) but not more than 18 years of age
at the time when judgment should have been
promulgated.
5. MAJOR REHABILITATION PROGRAMS
- It is the “meat and bone” of community-
based correction. PPA employs community-based
intervention through a three-pronged approach: ▪
Restorative Justice (RJ)
- It is the rehabilitation of offenders through
reconciliation with victims and the community at
large.
▪ Therapeutic Community (TC)
- It is an environment that helps
people get help while helping others. It is a
treatment environment: the interactions of
its members are designed to be therapeutic
within the context of the norms that
require for each to play the dual role of
client-therapist. At a given moment, one
may be in a client role when receiving help
or support from others because of a
problem behavior or when experiencing
distress. At another time, the same person
assumes a therapist role when assisting or
supporting another person in trouble.
▪ Volunteerism through Volunteer
Probation Assistant (VPA)
- It is a program of the Parole and
Probation Administration (PPA) aimed at
generating maximum, effective and
efficient citizen participation and
community involvement in the process of
client rehabilitation, prevention of crime
and the overall administration of criminal
justice.
PAROLE AND PROBATION ADMINISTRATION •
The Probation Administration was created by
virtue of Presidential Decree No. 968, also
known as The Probation Law of 1976, to
administer the probation system.
• Under Executive Order No. 292, also known
as The Administrative Code of 1987, the
Probation
Administration was renamed Parole and
Probation Administration and given the added
function of supervising prisoners who, after
serving part of their sentence in correctional
institutions are released on parole and pardon with
parole conditions.
• Headed by an Administrator who exercises
overall supervision and control over the operation of
PPA, including those in the field.
• The Administrator is assisted by a Deputy
Administrator.
• The two high-ranking officials in PPA are
appointed by the President with term of six years
or co-terminus to the term of the president.
GOALS OF PHILIPPINE PROBATION SYSTEM
1. Promote the correction and
rehabilitation of offenders by providing
them individualized treatment and
reduced the incidence of recidivism.
2. Provide a cheaper alternative to the
institutional confinement of offender
who are likely to respond to
individualized communitybased
treatment.
3. Prevent further commission of crime
by promoting their development utilizing
innovative interventions and techniques
with the end goal of transforming them
into productive, law abiding and self-
respecting individuals.
FUNCTIONS OF PPA
1. To administer the parole and probation
system
2. To exercise general supervision over all
clients who were released through
probation, parole and pardon.
3. To promote the reformation and
rehabilitation of criminal offenders.
A. Investigation
- Conduct character
investigation of petitioner or
applicants for probation referred
for evaluation by the courts.
- Conduct studies on the
petitioner’s experiences, mental
and physical conditions,
character, socio-economic
status, criminal records, family
and educational background
and other aspects of his life.
- Submit to the court a
post-sentence investigation
report (PSIR), which will be
the basis for granting or
denying probation.
- Conduct pre-parole and
executive clemency
investigation and submission
of recommendation to the
BPP
B. Supervision
- Provide guidelines, rules
and regulations on the
implementation of the
Probation Law, and on the
proper
compliance/observance by
clients of their conditions for
parole, probation and
pardon.
- Monitor compliance by
client with said conditions
and report the same to the
proper authorities.
Organizational Structure of
Parole and Probation Administration
1. Office of the Administrator
- acts as the Head of the Agency
Executive
Officer of the Administrator.
- owner of such office is called the
Parole and Probation Administrator who
is appointed by the President. The
Parole and Probation Administrator
exercises supervision and control over all
probation officers.
2. Office of the Deputy Administrator
- assists the Administrator and performs such
duties as may be assigned by the Administrator. -
head of this office is called Assistant Parole and
Probation Administrator who is also appointed by
the president.
Qualifications:
▪ At least 35 years of age
▪ Must have a Master’s degree or member of the
bar
▪ With at least five years supervisory experience
or member of the Philippine Bar with at least
one year supervisory experience.
• Administrative Division – provides general
support services namely:
▪ Management of disbursement
and collection;
▪ Public information dissemination
through quadric media;
▪ Records management;
▪ Screening of applicants for hiring and
promotion through psychological testing
and evaluation, and
▪ Capability enhancement of personnel •
Financial Management Division – provides
the administration with advice and
assistance in budgeting and sound financial
management.
• Planning Division – develops the Agency’s
strategies and priority Programs / Activities /
Projects, and monitors and evaluates
performance
• Case Management and Records Division –
provides assistance to field offices to improve
investigation and supervision procedures, caseload
recording and casework services, and manages
case documents of client.
• Community Services Division – strengthens
community involvement in the rehabilitation of
clients, and generates and mobilizes resources.
• Legal Division – provides legal opinion / advice /
counsel to the administration.
• Technical Service Division – evaluates and
manages reports on the application for Parole /
Executive Clemency, and functions as the service
arm of the Agency to the Board of Pardons and
Parole.
• Regional Parole and Probation Offices
- headed by Regional Parole and
Probation Officer assisted by Assistant Parole
and Probation Officer
- appointed by the President of the
Philippines with the recommendation of the
Secretary of
Justice.
- exercises supervision and control over all
Provincial / City Parole and Probation Offices
within their jurisdiction, and performs such
duties as may be assigned by the
Administrator.
• Provincial/City Parole and Probation Offices
- headed by the Provincial and City Parole
and Probation Officers
- there should be at least one PPO in each
province and city who shall be appointed by
the Secretary of Justice upon
recommendation of the Administrator
- undertakes the investigation of
petitioners for probation and applicants for
Parole/Executive Clemency referred by
courts/BPP, supervises and rehabilitates
probationers/ parolees/ FTMDO, and
performs such other duties as may be
assigned by the Regional Director.
PHILIPPINE PROBATION SYSTEM
PPA Organization Chart
PROBATION
- According to the PPA, Probation is a
privilege granted by the court to a person
convicted of a criminal offense to remain in
the community instead of going to prison/jail.
 - According to PD 968 also known as
Probation Law of 1976, Probation is a disposition
under which a defendant, after conviction and
sentence, is released subject to conditions
imposed by the court and to the supervision of a
probation officer.
Advantages of Probation
1. The government spends much less
when an offender is released on
probation than that offender is placed
behind bars (jails/prison).
2. The offender and the offender’s
family are spared the embarrassment
and dishonor of imprisonment.
3. The offender is able to continue
working and can therefore earn
income, pay taxes and pay damages to
the victim of the crime.
Probationer
- a person placed on probation
Probation Officer
- one who investigates for the court a referral
for probation or supervises a probationer or both
Petitioner
- a convicted defendant who files a formal
application for probation
Absconding Probationer
- a person whose probation was granted but
failed to report for supervision
- is a probationer who has not reported for initial
supervision within the prescribed period and
whereabouts could not be found, located or
determine despite best diligent efforts.
Absconding Petitioner
- convicted defendant whose application for
probation has been given due course by the court but
fails to report to the probation officer or his location is
unknown.
Section 5 of PD 968 (1976)
“No person shall be placed on probation except
upon prior investigation or a Post-Sentence
Investigation by the probation officer and a
determination by the court that the ends of
justice and the best interest of the public, as well
as that of the defendant, will be served.”
Application for Probation
When to apply probation?
• At any time within the period of perfecting
an appeal or within fifteen (15) days after
conviction and sentence. (Probation Rules, 2014,
Section 7)
Who grants probation?
• Application for probation must be filed only
with the court that tried and decided the case.
(Probation
Rules, 2014, Section 6)
Process after the applicant appears to be
qualified for probation:
1. The court will order the Provincial or City
Probation Office within its jurisdiction to
conduct a Post-Sentence Investigation (PSI) on
the applicant.
2. The probation officer conducting PSI must
submit the Post-Sentence Investigation Report
(PSIR) within sixty (60) days from receipt of the
order of said court to conduct such investigation
with findings and recommendation.
POST-SENTENCE INVESTIGATION (PSI)
- the PSI of court referrals is a
substantive area in the Parole and
Probation Administration’s workload. -
The investigation of an applicant or
petitioner for probation involves a
thorough study of his criminal record,
family history, educational background,
married life, occupational record,
interpersonal relationships and such
other aspects of his life which may have
a bearing in the assessment of his
suitability for probation.
- Its goal is to provide the courts with
relevant information and judicious
recommendations for the selection of
offenders to be placed on probation.
Note: “No person shall be placed on
probation except upon prior
investigation by the probation officer”
 POST-SENTENCE INVESTIGATION REPORT (PSIR) - It
enables the Trial Court to determine whether or not
the ends of justice and the best interest of the public
primarily, as well as that of the applicant, would be
served by the grant or denial of the application
(Probation Rules, 2014, Section 23). - The probation
officer must submit to the court the investigation
report not later than sixty (60) days from receipt of
the order of said court to conduct investigation.
- The court shall resolve the petition for
probation not later than fifteen days after
receipt of said report.
(PD 968, 1976, Section 7).
Effects of Filing and Receipt of the Application for
Probation
After the filing and the receipt of the application for
Probation the following will happen:
1. The execution of the sentence imposed in the
judgment is suspended;
2. The applicant may be allowed on temporary
liberty under his bail filed in the criminal case,
or
3. In the case where no bail was filed or the
applicant is incapable of filing one, the trial
court may allow the release of the applicant on
recognizance to the custody of a responsible
member of the community who shall guarantee
his appearance whenever required by the trial
court
Grant of Probation
The trial court may, after it shall have convicted and
sentenced a defendant for a probationable penalty
and upon application within the period of perfecting
an
appeal, suspend the execution of the sentence and
place
the defendant on probation.
General Rule: No application for probation shall be
granted if the defendant has perfected the appeal
from the judgment of conviction.
Exception: When a judgment of conviction
imposing a non-probational penalty is appealed or
reviewed, and judgment is modified to a
probationable penalty, allowed to apply for
probation.
Criteria for Placing and Offender on Probation
The court needs to consider all information
relative to the character, antecedents,
environment, mental and physical condition of
the offender, and available institutional and
community resources in determining whether
an offender may be placed on probation.
Probation SHALL BE DENIED if the court finds
that (PD 968, 1976, Section 8):
1. The offender is in need of correctional
treatment that can be provided most
effectively by his commitment to an
institution; or
2. There is undue risk that during the
period of probation the offender will commit
another crime; or
3. Probation will depreciate the
seriousness of the offense committed.
Disqualified Offenders
According to Section 2 of RA 10707 (2015), the
benefits of Probation shall not be extended to the
following:
1. Offenders sentenced to serve a maximum
term of imprisonment of more than six (6)
years;
2. Offenders convicted of any crime against
the national security;
3. Offenders who have previously been
convicted by final judgment of an offense
punished by imprisonment of more than six
(6) months and one (1) day and/or a fine of
more than one thousand pesos (1,000php);
4. Offenders who have been once on
probation under the provisions of this
Decree; and
5. Offenders who are already serving
sentences at the time the substantive
provisions of the Probation law of 1976.
Conditions of Probation
 According to Section 10 of PD 968 (1976), every
probation order issued by the court shall contain
conditions requiring that the probationer shall:
1. Present himself to the probation officer
designated to undertake his supervision at
such place as may be specified in the order
within 72 hours from receipt of said order;
and
2. Report to the probation officer at least once a
month at such time and place as specified by
said officer.
In addition to this, the court may also require the
probationer to:
1. Cooperate with a Control and Supervision of Probation
program of
supervision;
2. Meet his family responsibilities;
3. Devote himself to specific
employment and not to change said
employment without the prior written
approval of the probation officer.
4. Undergo a medical, psychological, or
psychiatric examination and treatment and
enter and remain in a specified institution,
when required for that purpose;
Pursue a prescribed secular study or vocational training;
5. Attend or reside in a facility
established for instruction, recreation or
residence of persons on probation;
6. Refrain frim visiting house of ill-
repute;
7. Abstain from drinking intoxicating
beverages to excess;
8. Permit to a probation officer or an
authorized social worker to visit his home and
place or work;
9. Reside at premises approved by it
and not to change his residence without its
prior written approval;
10. Satisfy any other condition related
to the rehabilitation of the defendant and not
unduly restrictive of his liberty or
incompatible with his freedom of conscience.
Effectivity of Probation Order
• A probation order shall take effect upon its
issuance, at which time the court shall inform the
offender of the consequences and explain that
upon his failure to comply with any of the
conditions prescribed in probation order or his
commission of another offense, he shall serve the
penalty imposed for the offense under which he
was placed on probation.
Modifications of Conditions for Probation
• At any time during supervision;
• After summary hearing when the
probationer violated any of its conditions; or
• Upon application by the probation officer or
the probationer himself.
• The probationer and his probation program
shall be under the control of the court who placed
him on probation subject to actual supervision
and visitation by a probation officer.
• Whenever a probationer is permitted to
reside in a place under the jurisdiction of another
court, control over him shall be transferred to the
Executive Judge of the Court of First Instance of
that place, and in such case, a copy of the
probation order, the investigation report and
other pertinent records shall be furnished with
said Executive Judge.
• Thereafter, the Executive Judge to whom
jurisdiction over the probationer is transferred
shall have the power with respect to him that was
previously possessed by the court which granted
the probation.
Period of Probation
• The period of probation of a defendant
sentenced to a term of imprisonment of:
• not more than one year – SHALL NOT
EXCEED TWO (2) YEARS, and
• in all other cases (meaning more than one year –
said period SHALL NOT EXCEED SIX (6) YEARS
• When the sentence imposes a fine only and
the offender is made to serve a subsidiary
imprisonment in case of insolvency, the period of
probation shall not be less than twice the total
number of days of subsidiary imprisonment as
computed at the rate established, in Article 39 of
the Revised Penal Code.
Supervision of Probationer/s
• Involved monitoring the actual behavior of
client-offender/s and compliance with all the
 conditions of their temporary liberty as implemented
in the supervision process.
• Supervision process shall commence on the
day of initial interview or reporting of a
probationer.
Objectives of Probation Supervision
1. To ensure the probationer’s compliance with
the probation conditions specified in the
Probation Order and the prescribed
treatment and supervision program/plan;
2. To manage the process of the probationer’s
rehabilitation and reintegration into the
community; and
3. To provide guidance for the probationer’s
transformation and development into a
useful citizen for his eventual reintegration
to the mainstream of society.
Levels of Supervision
1. Maximum Supervision
- This requires personal contact at
least once a week with the probationer/parolee
including at least once a month report in person
at the probation office to attend to the
ladderized therapeutic community program.
- This also requires multiple services
from the probation office and the community
resources available.
- The probation officers provide their
clients with services such as employment
assistance, vocational training, education,
medical assistance and seed money for
livelihood activities and home industries.
2. Medium Supervision
- This requires once a month personal
contact with the probationer/parolee and
attendance of a therapeutic community
ladderized program and few services from the
probation office and/or community resources.
3. Minimum Supervision
- This requires once a month personal
contact and attendance of the therapeutic
community ladderized program.
Outside Travel During Probation
• A probation officer may authorize a probationer
to travel outside his area of operational/territorial
jurisdiction for a period of more than ten (10) days
but not exceeding thirty (30) days.
• If the requested outside travel is more than
thirty (30) days, it shall be recommended by the
CPPO and submitted to the Trial Court for
approval. • A probationer who seeks to travel for
up to 30 days outside the operational/territorial
jurisdiction of the Probation Office shall file at
least five (5) days before the intended travel
schedule with a Request for Outside Travel or PPA
Form 7 with said office properly recommended by
the Supervising Probation Officer on case and
approved by the CPPO.
Violation of Probation Conditions
• Based on reasonable cause reported by a
reliable informant or on his own findings, the
SPPO, SrPPO, PPOII, PPOI concerned or the CPPO
himself shall conduct or require the Supervising
Probation Officer on case to immediately conduct
a fact-finding investigation on any alleged or
reported violation of probation condition/s to
determine the veracity and truthfulness of the
allegation.
• After completion of the fact-finding
investigation, the SPO on case must prepare a
violation report thereon containing his findings
and recommendations and submit the same to
the CPPO for review and approval.
• Then the Parole and Probation Office shall
file with the trial court a Violation Report or PPA
Form 8, containing its findings and
recommendation, duly prepared and signed by
the SPPO, SrPPO, PPOII, PPOI concerned and duly
noted by the CPPO for the court’s resolution
(Probation Rules, 2014, Section 48.a and c)
Arrest and Hearing of the Violation of Probationer
• At any time during probation, the court may
issue a warrant for the arrest of a probationer for
violation of any of the conditions of probation. •
The probationer, once arrested and detained, will
be brought immediately before the court for a
hearing, which may be informal and summary, of
the violation charge.
• The defendant may be admitted to bail
pending such a hearing.
Effect of Revocation
 • If the violation is established, the Trial court
may order the:
▪ Continuance of the probationer’s probation,
▪ Modification of his probation conditions, or
▪ Revocation of his probation
• If revoked, the court shall order the probationer
to serve the sentence originally
imposed the judgment of his case for which he
applied for probation.
• An order revoking the grant of probation or
modifying the terms and conditions thereof shall not
be appealable.
Probation Aides
- Are citizen of good repute and probity
- At least 18 years of age on the date of appointment
- At least high school graduate
- Preferably residence of the same locality or
community covering the place of residence of the
probationer and/or the CPPOs, SPPOs, and SrPPOs,
PPOsII, and PPOsI.
Functions of Probation Aides
1. To assist in the supervision of probationers,
assigned up to a maximum caseload subject to
administrative and technical supervision by the
Probation Officers,
2. To prepare records of their activities and
accomplish related reports and prompt
submission of it; and undertake other related
activities
3. To identify, generate, tap local community
resources or conduct such activities on skills
training and sports and cultural programs for
clients.
Termination of Probation
The Probation Service may be terminated on the
following grounds (Probation Rules, 2014, Section
60):
1. Successful completion of probation;
2. Probation revocation for cause
under
Section 49 (a-c) of the Probation Rules;
3. Death of the probationer; or 4.
Early termination of probation such as:
▪ Those who are suffering from serious physical
and/or mental disability such as deaf-mute, the
lepers, the cripples, the blind, the senile, the
bed-ridden, and the like;
▪ Those who do not need further supervision
as evidenced by the following:
i. Consistent and religious compliance
with all conditions imposed in the
order granting probation;
ii. Positive response to the program of
supervision designed for
their rehabilitation;
iii. Improvement on their social and
economic life;
iv. Marked improvement in their outlook
in life by becoming socially aware and
responsible members of the family
and community; and
v. Significant growth in self-esteem, self-
discipline and self-fulfillment.
▪ Those who have to travel abroad due to any
of the following:
i. Overseas job contract or any other
similar documents;
ii. An approved scholarship, observation
tour or study grant for a period of not
less than six (6) months; or
iii. An approved application for
immigration; or
iv. An approved application to take the
Bar
and Board Examinations.
Final Discharge and Its Legal Effects
• After the period of probation and upon
consideration of the report and recommendation of
the probation officer, the court may order the final
discharge of the probationer upon finding that he
has fulfilled the terms and conditions of his
probation, hence the case is deemed terminated.
• The final discharge of the probationer
operates to restore to him all civil rights lost or
suspended as a result of his conviction and to
totally extinguish his criminal liability as to the
offense for which probation was grant
PAROLE
It is a French word “Parole d Honeur” and is
used in the sense of word of honor. Has come to
mean an inmate’s promise to conduct him or
 herself in a law-abiding manner and according to
certain rules in exchange of release.
Historical Background of Parole
Prior to the mid-nineteenth century most offenders
were sentenced to flat or determinate sentences in
prison. Under this type of sentencing, an offender
received a specific amount of time to serve in prison
for a specific crime.
This created a major problem when prisons became
crowded. Governors were forced to issue mass
pardons or prison. Wardens had to randomly release
offenders to make room for entering prisoners.
• Ticket of Leave
In England at that time, nearly all serious crimes were
punishable by death, though relatively few offenders
were actually executed. The king granted the majority
of those sentenced to death a pardon on the
condition that the offender agree to be transported
to a penal colony in Australia or America for English
convicts; Africa, New Caledonia or French Guiana for
French convicts.
England developed a system of ticket of leave, in
which convicts detained under a sentence of
transportation were allowed a measure of freedom or
the right to return to England in return for good
behavior.
• Release on License
England abolished the sentence of transportation
in the mid-19th century while French penal colonies
continued to operate into the mid-2oth century, and
replaced it with penal servitude, which incorporated
a similar procedure under a different name, release
on license.
Through good behavior in custody, a convict
sentenced to penal servitude could earn release from a
penitentiary.
The release was conditional on good behavior
outside prison; if another offense was committed, the
convict could be returned to prison to serve out the
rest of his sentence known as the remanet. (Bernard,
2015)
Personalities in the History of Parole
• Captain Alexander Maconochie - He is
considered as the “Father of Parole”.
- He is the one who initiated the “Mark
System” and is a major figure in the history of
penal discipline and is best known for his attempt
to implement it at the Norfolk Island penal station
from 1840 to 1844.
- Mark System is a penal method where
prisoners were held until they had earned a
number of marks, or credits, fixed in proportion
to the seriousness of their offenses instead of
serving a fixed sentence.
- A prisoner became eligible for release when
he had obtained the required number of credits,
which were accumulated for good conduct, hard
work, and study and could be denied or
subtracted for indolence or misbehavior.
• Sir Walter Frederick Crofton
- He remedied and perfected the failure and
drawbacks in the Mark System.
- He developed the Irish System, a system of
prison management noted for its mark system and
commutation of sentence, classification of
prisoners, military discipline, trade and academic
training, preparation for free self-control, and
release under police supervision. It is consisted of
three phases:
1. a period of solitary confinement
2. a period of congregate work – a prisoner
advance to higher levels by credits, or “marks”
earned in the industry and good behavior
3. a period of “intermediate prisons” with
minimal supervision
- Release was conditional upon the continued
good conduct of the offender, who could be
returned to prison if it seemed advisable.
Prisoners deemed eligible for release were
issued “ticket of leave” and put under the
supervision of an inspector
who verified employment status and
conducted periodic visits to their new places of
residence.
• Dr. Samuel Gridley Howe of Boston
- He is the first man to use the word
“parole”, he used the word in a letter to a Prison
Association of New York in 1869, after some
American Prison Reformers who observed that the
 Irish Prison System paved the way for the abolished the Board of Pardons and created the
approval of the law creating Elmira Board of Pardons and Parole.
Reformatory.
INDETERMINATE SENTENCE LAW

• Zebulon R. Brockway • It is a term of imprisonment with no

definite duration within a prescribed maximum. A
- He is credited with initiating indeterminate
prison sentence that consists of a range of years
sentences and parole releases in the United States.
such as five to ten years.
- He established the Elmira System, an American
penal system named after the Elmira Reformatory, in • The state parole board holds hearings that
determine when, during that range, the convicted
New York.
persons will be eligible for parole.
- He added a new regimen of moral, physical and
vocational training to the “Mark System”. • The principle behind indeterminate
sentences is the hope that prison will rehabilitate
- The Elmira System classified and separated
some prisoners; those who show the most progress
various types of prisoners, gave them individualized
will be paroled closer to the minimum term than
treatment emphasizing vocational training and
those who do not.
industrial employment, used indeterminate
sentences, rewarded good behavior, and paroled
Non-Applicability of the Indeterminate Sentence
inmates under supervision.
Indeterminate Sentence is not applicable to persons
who are (Act 4103, 1933, Section 2):
PAROLE IN THE PHILIPPINES

ACT NO. 4103 1. Convicted of offenses punished with death

penalty or life-imprisonment;
- Otherwise known as the “Indeterminate
2. Convicted of Treason, conspiracy or
Sentence Law” which was approved on
proposal to commit treason;
December 5, 1933.
- It created the Board of Indeterminate Sentence. 3. Convicted of misprision of treason,
rebellion, sedition or espionage;

Determinate Sentence – Under determinate 4. Convicted of piracy;

sentencing, the criminal must serve the entire
sentence. The date of release remains objective.
Indeterminate Sentence – Under indeterminate
sentences, a criminal will range of years as determined
by the judge. The minimum time period is usually set
and after the minimum sentence passes, the case will
go before a parole board which sets the actual date of
release.
EXECUTIVE ORDER 83, series of 1937
- It renamed the Board of Indeterminate
Sentence to Board of Pardons.
- It gave the Board the authority to advice the
Chief Executive on the course or courses of action to
take on petitions for executive clemencies.
EXECUTIVE ORDER 94
- Otherwise known as “The Reorganization Law
of 1947” which took effect on December 5, 1947 and
5. Habitual delinquents;
6. Have escaped from confinement or evaded
sentence;
7. Having been granted conditional pardon by
the Chief Executive shall have violated its terms;
and
8. Whose maximum term of imprisonment
does not exceed one year.
BOARD OF PARDONS AND PAROLE • It is and
agency under the Office of the
Secretary of Justice.
• It is the administrative arm of the President
of the Philippines in the exercise of the
constitutional power to grant, except in cases of
impeachment, pardon, reprieve and amnesty after
conviction by final judgment.
 • Its main function is to uplift and redeem
valuable human material to economic usefulness and
to prevent unnecessary and excessive deprivation of
personal liberty by way of parole or through executive
clemency. Their responsibilities as follows:
1. Looks into the physical, mental and moral
records of prisoners who are eligible for parole or any
form of executive clemency and determines the
proper time of release of such prisoners on parole;
2. Assists in the full rehabilitation of individuals on
parole or those under conditional pardon with parole
conditions, by way of parole supervision; and
3. Recommends to the President of the
Philippines the grant of any form of executive
clemency to prisoners other than those entitled to
parole.
Note: The BPP may not consider the release on
pardon/parole of a national prisoner who is serving
sentence in a municipal, city, district or provincial jail
unless the confinement in said jail is in good faith or
due to circumstances beyond the prisoner’s control.
A national prisoner refers to:
a. One who is sentenced to a maximum term of
imprisonment of more than three (3) years or to a fine
of more than five thousand pesos; or
b. Regardless of the length of sentence imposed
by the court, to one sentenced for violation of the
customs law or other laws within the jurisdiction of the
Bureau of Customs or enforceable by it, or
c. One sentenced to serve two (2) or more prison
sentences in the aggregate exceeding the period of
three (3) years.
Note: The BPP may consider the case of a prisoner for
executive clemency or parole only after his case has
become final and executory. It will not take action on
the petition of a prisoner who has a pending criminal
case in court or when his case is on appeal
PAROLE
• It is the release of a prisoner from prison after serving
the minimum period of his indeterminate sentence.
REVIEW OF CASES FOR PAROLE
An inmate’s case may be eligible for review by the
board provided:
1. Inmate is serving an indeterminate
sentence the maximum period of which exceeds
one (1) year;
2. Inmate has served the minimum period of
the indeterminate sentence;
3. Inmate’s conviction is final and executory;
In case the inmate has one or more coaccused
who had been convicted, the director/warden
concerned shall forward their prison records and
carpetas at the same time.
4. Inmate has no pending criminal case;
and
5. Inmate is serving sentence in the national
penitentiary, unless the confinement of said inmate
in a municipal, city, district or provincial jails is
justified.
WHEN MAY A PRISONER BE GRANTED PAROLE?
Whenever the BPP finds that there is a reasonable
probability that, if released, the prisoner will be
law-abiding and that his release will not be
incompatible with the interest and welfare of
society and when a prisoner has already served
the minimum penalty of his/her indeterminate
sentence of imprisonment.
WHO MAY GRANT PAROLE TO A PRISONER? The
Board of Pardons and Parole, an agency under the
Department of Justice.
WHO MAY BE QUALIFIED FOR PAROLE?
A prisoner shall be eligible for the grant of parole
upon showing that:
1. He is confined in a jail or prison to serve an
indeterminate prison sentence, the maximum
period of which exceeds one year, pursuant to
final judgment of conviction
2. He has served the minimum period of said
sentence less the Good Conduct Time
Allowances (GCTA) earned.

3. There is reasonable probability that if released,
he will be law-abiding
4. His release will not be incompatible with the
interests and welfare of society.
DISQUALIFICATION FOR PAROLE
In pursuant to Section 2 of Act No. 4103, as amended,
otherwise known as the
“Indeterminate Sentence Law”, parole should not
be granted to the following inmates:
1. Those convicted of offenses punished with
death penalty or life imprisonment
2. Those convicted of treason, conspiracy or
proposal to commit treason or espionage;
3. Those convicted to misprision of treason,
rebellion, sedition or coup d’ etat;
4. Those convicted of piracy or mutiny on the high
seas or Philippine waters;
5. Those who are habitual delinquents,
i.e. those whom within a period of ten (10)
years from the date of release from prison or
last conviction of the crimes of serious or less
serious physical injuries, robbery, theft, estafa
and falsification, are found guilty of any said
crimes a third time or oftener;
PAROLE INVESTIGATION PROCESS
- Process starts upon receipt of the Board of
the prison records and CARPETA of national
prisoners (confined in national penal farms and
colonies) from the Director of Prisons.
- The Director of Prisons has the
responsibility to forward the document to the
Board of Pardons and Parole within 30 days
before the expiration of the prisoner’s minimum
sentence.
- If the petitioner’s application is
considered, the Board will issue a Referral,
requesting the Parole and Probation
Administration to conduct the following within 30
days upon receipt thereof;
a. Conduct Pre-Parole Investigation (PPI)
b. Submit Pre-Parole Investigation Report
(PPIR)
- Upon receipt of said reports, the Board shall
assess and determine whether the petitioner is
qualified for parole. If the offender deserves to
enjoy the benefits of being placed in parole,
“Release Document” or specifically known as
“Discharge on Parole” will be issued for
prisoner’s temporary liberty.

6. Those who escaped from confinement or

evaded sentence;

7. Those who were granted Conditional Pardon

and violated any of the terms thereof; Parole Investigation Process

8. Those whose maximum term of imprisonment

does not exceed one (1) year or those with definite
sentence;

9. Those suffering from any mental disorder as

certified by a government Psychiatrist/psychologist;

10. Those whose conviction is on appeal;

11. Those who have pending criminal case/s.

12. Those convicted for violation of the laws on

terrorism, plunder and transnational crimes.

PAROLE SUPERVISION
• A supervision made after release of a client
from confinement, placed under the supervision of
a Parole Officer.
• The period of parole supervision shall extend
up to the expiration of the maximum sentence. •
Starts upon the issuance of the “Discharge on
Parole” or otherwise known as the “Release
Document”.
• Should a prisoner be released because of
parole, he will be called a parolee. However, if he
will be placed under conditional pardon, he will be
called pardonee. Whether a parolee or pardonee,
both will be considered as “Clients”. They will be
under the supervision and shall abide with the
conditions stated in their release document.
• The Probation and Parole Officer concerned
shall inform the Board through the Technical
Service, PPA the date the client reported for
supervision not later than 15 working days.
VIOLATION REPORT
• It is submitted to the BPP when parolee
violates other conditions appearing in his release
document.
PROGRESS REPORT
• It is submitted by the PPO to the BPP when
a parolee has committed another crime during the
period of his parole surveillance and case filed
against him has not yet been decided by the court.
INFRACTION REPORT (IR)
• It is a report submitted by the PPO to the
BPP where parolee subsequently convicted of
another crime.

MANDATORY PAROLE CONDITIONS

1. To report to the probation office within 45

days.

2. To report at least once a month for those who

are residing outside Metro Manila/ to report at
least twice a month for those who are residing
within Metro Manila.

Substantial compliance during parole supervision

would result in the submission of summary report
by the supervising Probation and Parole Officer. In
effect, upon evaluation, the board may resolve to
issue a certificate of final release and discharge
(FRD) for the absolute freedom of the client.
On the contrary, if the client failed to comply with
any of his parole conditions stated in his discharge
on parole, the supervising Probation and Parole
Officer may submit a Progress, Infraction or
Violation Report with recommendation to issue
and order of arrest and recommitment (OAR). In
this regard, the board may grant the same which
may result to incarceration of the client.
REGULATIONAL ASPECT OF
PAROLE SUPERVISION
The regulational aspect of parole consists of
several rules and requirements promulgated by
the paroling authority. But why are rules and
regulations necessary in parole? The parolee,
whether he likes it or not, needs a certain kind of
discipline. It instills in him the feeling of security to
know that he is within legal bounds by following
the set of rules and regulations. Rules and
regulations. Rules and regulations in parole are
intended to help both society and the parolee.
The most common rules and regulations are
the following:

ARRIVAL REPORT
1. Making Restitution – a condition is imposed to
the effect that the parolee must make monetary
restitution to the victim.
2. Supporting Dependents -- Society expects ever
one to support his dependents and so there is no
reason that a parolee should not be required to do so.
If, however, he fails to support his family and
dependents through no fault of his like when he
cannot find or hold a job, it should not be a reason to
revoke parole already given.
3. Getting, Keeping and Reporting Honestly on
Employment – Before releasing the parolee,
therefore, the parole board must be assured that he is
willing to work; must make reasonable efforts to
secure and maintain employment; and must work only
in legitimate enterprises.
4. Avoiding Indebtedness and Unnecessary
Expenditures – The purpose of this regulation is to
encourage thrift, proper budgeting and responsible
habits.
5. Reporting – This is a requirement in all parole
systems. The parolee is required to report to his
parole officer at stipulated intervals. The requirement
of reporting is in itself a protection of society in that
failure to comply is symptomatic of the parolee’s
maladjustment.
6. Making Arrival Report – The parolee, in most
parole jurisdictions, is required to report to his parole
officer shortly on his arrival at his parole residence.
7. Keeping the Parole Officer Informed of the
Whereabouts of the Parolee
8. Permitting the Parole Officers to Visit the
Parolee at Home and in His Place of Work
9. Abstaining from the Use or Overuse of Liquor.
10. Keeping Curfew Hours.
11. Provision against Marrying Without Permission
12. Provision Against Living in an Illicit Relationship
13. Regulations against Owning or Operating an
Automobile
14. Prescription against the Use or Sale of Narcotics
15. Regulation against Carrying or Possessing
Dangerous Weapons.
16. General Admonitions Regarding Observance of
Law
TWO TYPES OF PAROLE VIOLATORS
1. Those who commits another crime – In this
type, conviction of a new crime by the parolee will
automatically cause recommitment of the parolee. If
the parolee is convicted but appeals his case in the
higher court, the parole officer will submit a report
of said conviction and appeal to the Board of
Parole which will decide, after due investigation,
on recommitting the parolee or not.
2. Those who violates parole conditions only –
The Board of Parole shall conduct an
investigation, giving careful consideration on the
following:
• Whether the act was willful;
• Whether the safety of the public is
involved, and
• Whether other disciplinary action
than recommitment to prison might be
sufficient
Parole Boards are authorized to issue warrants for
the arrest of alleged parole violators or to issue
notices to appear to answer charges where arrest is
not necessary.
Parole officers are authorized to arrest or cause the
arrest without a warrant where immediate action is
necessary against the violator or one who is in
danger of becoming a violator. The parole officer
should submit a written report of the violation to
the parole board. Releases from the jail of alleged
violators should be on order of the parole board
only.
CANCELLATION OF PAROLE
The BPP may recommend the cancellation of the
pardon or cancel the grant of parole if it finds that
material information given by said client to the BPP,
either before or after release, was false, or
incomplete or that the client willfully or maliciously
concealed material information from the BPP.
The BPP may consider the case of a recommitted
parolee for the grant of new parole after the latter
shall have served one fourth (1/4) of the
unserved portion of his maximum sentence.
TERMINATION OF PAROLE
After the expiration of the maximum sentence of a
client, the BPP shall, upon the recommendation of
the CPPO that the client has substantially complied
with all the conditions of his parole/pardon, issue a
Certificate of Final Release and Discharge to a
parolee. The same certificate may be issued even COMPOSITION OF THE BOARD OF
before the expiration of maximum sentence should the PARDONS AND PAROLE
BPP after reviewing the case, is satisfied that parole has
served its purpose pursuant to the provisions of Section Chairman – Secretary of Justice
6 of Act No. 4103, as amended.
Ex-Officio Member – Probation Administrator of
“… If during the period of surveillance such the Parole and Probation Administration
paroled prisoner shall show himself to be a Members:
lawabiding citizen and shall not violate any of the
laws of the Philippine Islands, the BPP may issue a 1. Sociologist,
final certificate of release in his favor, which shall 2. Clergyman/Educator,
entitle him to final release and discharge.” 3. Psychiatrist,
(Section 6 of Act No. 4103) 4. Person qualified for the
work by training/experience; and
Upon the issuance of a certificate of Final 5. Member of the Philippine BAR
Release and Discharge, the parolee shall be finally
released and discharged from EXECUTIVE CLEMENCY
the conditions appearing in his release
It refers to Reprieve, Absolute Pardon, Conditional
document.
Pardon with or without Parole Conditions and
Commutation of Sentence as may be granted by the
DIFFERENCE OF PROBATION AND
President of the
PAROLE
Philippines. It is a tool of justice, premised on the
PAROLE PROBATION tacit admission that human institutions are
It is a conditional release It is an alternative to imperfect and there are infirmities in the
of a prisoner whereby, he imprisonment. Instead of administration of justice. Its exercise is guided by
is placed under the being confined in prison, principles of Restorative Justice concerned not only
supervision of a Parole the probationer is with granting offenders a reprieve or freeing the
Officer after serving his released to the wrongfully convicted, but also with facilitating the
minimum sentence. community by the court healing of the harm that crime causes to families of
with conditions to follow both the victim and the offender, to communities,
and is placed under the and to society at large.
supervision of PO.
It is an administrative It is a judicial function It is the power of the President to:
function exercised by the 1. Pardon a person convicted of a
executive branch of the crime;
government 2. Commute the sentence; or
3. Suspend the execution of the sentence
It is an extension of the It is a substitute for
institutional treatment imprisonment
Reasons for Exercising this Power
program
1. Doubts on the guilt of the offender
It is administered by the It is supervised by the 2. Apparent excessive sentence
Board of Pardons and Parole and Probation 3. Humanitarian concerns such as illness of old
Parole Administration aged inmates
It may be granted more It is enjoyed only once 4. To clear the record of someone who has
than once, depending on demonstrated rehabilitation or public service
good behavior during
DISQUALIFICATIONS
imprisonment
Prisoners shall not be granted Executive Clemency
It is granted by the BPP It is granted by the court if:
 1. They had been on conditional pardon and
violated any of its conditions;
2. They are a recidivist;
3. They were convicted of evasion of sentence,
kidnapping for ransom, violation of drugs, offenses
committed under violation of drugs, offenses
committed under the influence of drugs;
4. Their release would be a risk to the community;
and
5. They are suffering from insanity.
WHO MAY APPLY?
1. A prisoner not eligible for parole;
2. Who has not been sentenced to another prison
term within one year from the date of his last
recommitment to the jail or prison from where he
escaped;
3. Who has not been suffering from mental illness
or disorders certified by a government psychiatrist;
4. Who has not violated any condition of his
discharge on parole or conditional pardon.
WHERE TO APPLY?
The President of the Philippines, through the chairman
of the Board of Pardons and Parole.
PARDON
- It is the use of executive power that exempts
the individual to whom it was given from punishment.
In the Philippines there are two (2) types of pardon:
1. Absolute Pardon – It is the total extinction of
the criminal liability of the individual to whom it is
granted without any condition. It restores to the
individual his civil and political rights and
remits the penalty imposed for the particular
offense of which he was convicted (RRRBPP,
2022, Section
2).
2. Conditional Pardon – It refers to the
exemption of an individual, within certain
limits or conditions, from the punishment
which the law inflicts for those offense he had
committed resulting in the partial extinction of
his criminal liability. (RRRBPP, 2002, Section 2).
AMNESTY
- It is a general pardon extended to groups of
persons and is generally exercised by executive
clemency with the concurrence of Congress.
Usually the recipients of amnesty are political
offenders, although there are some exceptions. -
Amnesty looks backward and abolishes and puts
into oblivion the offense itself. It so overlooks and
obliterates the offense with which he is charged
that the person released by amnesty stands
before the law as though he had committed no
offense.
- Amnesty is extended to convict as well as
persons who have not yet been tried by the court.
Some of the proclamations of amnesty are as
follows:
Proclamation No. 51 – This proclamation
was issued by the late President Manuel
Roxas on January 28, 1948, granting
amnesty to those who collaborated with the
enemy during World War II.
Proclamation No. 76 – This was issued by
President Elpidio Quirino on June 21, 1948,
extending amnesty to leaders of the
Hukbolahap and Pambansang Kaisahan ng
mga Magbubukid (PKM). The amnesty
applied to crimes of rebellion, sedition,
illegal association, assault, resistance and
disobedience to persons in authority and
illegal possession of firearm.
Proclamation No. 51 – was issued in order
to attain the following objectives: To pardon
those commited crimes against the security
of the State who have changed their hostile
 attitude towards the government and have
voluntarily surrendered with their arms and
ammunitions. To get the dissidents back into
the fold of law-abiding citizens. To gather the
loose firearms.
WHEN CAN AMNESTY BE AVAILED?
1. Before and during trial
2. After the trial of the case
3. After conviction and while serving sentence
WHO ARE DISQUALIFIED FROM AMNESTY?
In the Philippines in accordance to
Proclamation 724 (1996), Amnesty is granted to all
persons who shall apply for it and who have or may
have committed crimes in pursuit of their political
beliefs, whether punishable under the Revised Penal
Code or special laws, including but not limited to the
following:
a. Rebellion or Insurrection;
b. Coup d’etat;
c. Conspiracy and proposal to commit rebellion,
insurrection, or coup d’etat;
d. Disloyalty of public officers or
employees;
e. Inciting to rebellion or insurrection;
f. Sedition;
g. Conspiracy to commit sedition;
h. Inciting to sedition;
i. Illegal assembly;
j. Illegal association;
k. Direct assault;
l. Indirect assault;
m. Resistance and disobedience to a person in
authority or agents of such person;
n. Tumults and other disturbances of public order;
o. Unlawful use of means of publication
and unlawful utterances;
p. Alarms and scandals; and
q. Illegal possession of firearms, ammunitions, and
explosives, committed in furtherance of,
incident to, or in connection with the crimes of
rebeliion and insurrection; violations of Article
59 (desertion), 62 (absence without leave), 67
(mutiny or sedition), 68 (failure to suppress
mutiny or sedition), 96 (conduct unbecoming
an officer and gentleman, and 97 (general
article) of the Articles of War.
CONDITIONS FOR THE GRANT OF
AMNESTY
Any person applying for amnesty pursuant to
this Decree must satisfy with the following
requirements:
(a) If under arrest or charged as of the date
of this decree, he must submit this application
not later than September 30, 1978 in the
prescribed form hereto attached as Annex A;
If not under arrest, he must submit such
application within six months after his arrest or
surrender;
(b) He must renew his oath of allegiance to
the Republic of the Philippines and swear or
affirm to support and defend the Constitution of
the Philippines; and
(c) He must surrender whatever unlicensed
firearms and/or explosives and ammunition he
may have in his possession.
DIFFERENCE BETWEEN
AMNESTY AND PARDON
1. The President may grant amnesty with the
concurrence of the majority of all the
members of Congress while granting pardon
does not
need congressional approval.
2. Amnesty covers political offenses, while
pardon refers to any infraction of peace and order
int the state.
3. Amnesty is generally addressed to a group
or a community, while pardon is granted to an
individual or a limited number of individuals.
4. Amnesty is a public act of which the court
may take judicial notice, while pardon is a private
act which must be pleaded and proved by the
person pardoned because the courts take no
notice of it.
5. Amnesty is granted either before or after
conviction while pardon is given only after
conviction.
 6. Pardon looks forward and relieves the offender
from the consequences of an offense of which he has
been convicted. It abolishes or forgives the
punishment, and for that reason it does not work the
restoration of the rights to hold public office, or the
right of suffrage unless such rights be expressly
restored by the terms of the pardon, and in no case
exempts the culprit from the payment of the civil
indemnity imposed upon him by the sentence (Article
36, Revised Penal Code).
7. On the other hand, Amnesty looks backward
and abolishes and puts into oblivion the offense itself
so much so that the person released by amnesty
stands before the law precisely as though he had
committed no offense.
8. In no case does pardon exempt the culprit from
the payment of civil indemnity imposed upon him by
the sentence (Article 36, RPC). Amnesty, likewise,
does not extinguish civil liability (Article 113, RPC).
SENTENCE COMMUTATION
- It is the shortening of a term of
punishment or lowering of the level of
punishment. For example, a 10-year jail
sentence may be commuted to 5 years, or a
sentence to death may be commuted to life in
prison.
- According to the Revised Rules and
Regulations of the Board of Pardons and
Parole (RRRBPP), commutation refers to
the reduction of the duration of a prison
sentence of a prisoner.
- Petitions for executive clemency may
be reviewed if the prisoners meet the
following minimum requirements:
A. For Commutation of Sentence —
1. the prisoner shall have served at least one
third (1/3) of the minimum of his indeterminate
and/or definite sentence or the aggregate minimum
of his indeterminate and/or definite sentences.
2. at least ten (10) years for prisoners sentenced
to Reclusion Perpetua or Life imprisonment for
crimes or offenses committed before January 1,
1994.
3. at least twelve (12) years for prisoners
whose sentences were adjusted to a definite
prison term of forty (40) years in accordance
with the provisions of Article 70 of the Revised
Penal Code, as amended.
4. at least fifteen (15) years for prisoners
convicted of heinous crimes as defined in
Republic Act No. 7659 and other special laws
committed on or after January 1, 1994 and
sentenced to one or more Reclusion Perpetua or
Life imprisonment.
5. at least twenty (20) years in case of one
(1) or more Death penalty/penalties, which
was/were automatically reduced or commuted
to one (1) or more Reclusion Perpetua or Life
imprisonment;
B. For Conditional Pardon — the petitioner
must have served at least ½ of the minimum
of
his indeterminate sentence.
C. For Absolute Pardon — ten (10) years
must have elapsed from the date of the release
of petitioner from confinement or five years
from the date of expiration of his maximum
sentence whichever is more beneficial to him.
REPRIEVE
- It is a postponement of the punishment for
someone convicted of a crime. This temporarily
delays the imposition of a sentence after a judge
orders the sentence. A reprieve remains in place
for a certain period of time. It cannot go on
indefinitely so that the defendant never served his
sentence.
- In the Philippines 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 (RRRBPP, 2002, Section 2)
Major Rehabilitation Programs
Therapeutic Community Modality (TCM)
- It is a self-help social learning treatment model used for
clients with problems of drug abuse and other
behavioral problems such as alcoholism, stealing, and
other anti-social tendencies.
- It utilizes the TC Family/ Community of staff (PPOs and
VPAs) and clients as the primary therapeutic vehicle to
foster behavioral and attitudinal change. Its rules and
norms, shared beliefs, tools and processes combing to
enable clients to actively work toward their individual
goals for “right living.”
I. Therapeutic Community
- It is an environment that helps people get help while
helping others.
- It is a treatment environment, where the interactions of
its members are designed to be therapeutic within the
context of the norms that require for each to play the
dual role of client-therapist. At a given moment, one
may be in a client role when receiving help or support
from others because of a problem behavior or when
experiencing distress. At another time, the same person
assumes a therapist role when assisting or supporting
another person in trouble.
FIVE TREATMENT CATEGORIES
1. RELATIONAL/BEHAVIOR MANAGEMENT Clients
are expected to be:
- Integrated into the community;
- Upright, law-abiding, productive;
- Maintains family solidarity; and
- Take concrete steps to repair the damage
done to the victim, family & community
2. AFFECTIVE/EMOTIONAL/PSYCHOLOGICAL
Clients are expected to
be: - Self-respecting;
- Responsible;
- Respectable; and - Personally effective.
3. COGNITIVE/INTELLECTUAL Clients are expected to
be:
- Functionally literate;
- Can read, write, compute, analyze, discern; -
Use other thought processes; and -
Can apply what he has learned.
4. SPIRITUAL
Clients are expected to be:
- Integral person
- Practices truthfulness, openness,
righteousness.
- Quality of being complete, unimpaired;
- Of sound moral principle;
- Value system in harmony with the Divine
Law.
5. PSYCHOMOTOR/VOCATIONAL-SURVIVAL SKILLS
Clients are expected to be:
- Demonstrate self-sufficiency
- To have a right income, right employment,
right living.
THERAPEUTIC COMMUNITY
MODALITIES INTERVENTION
STRATEGIES
Therapeutic Community Modality provides a
welldefined structure for a synchronized and
focused implementation of the various intervention
strategies/activities undertaken by the PPA this
includes:
A. Individual and Group Counseling
Its goal is to assist the clients in trying to
sort out their problems, identify solutions, reconcile
conflicts and help resolve them. This could be done
either by individual or group interaction with the
officers of the PPA.
B. Moral, Spiritual, Values Formation
This includes seminars, lectures or training
offered and arranged by the PPA, Active NGO’s,
schools, civic and religious organizations are tapped
to facilitate the activities.
C. Work or Job Placement/Referral It is an
informal program wherein a client is referred
for work or job placement through the
officer’s own personal effort, contact or
information.
D. Vocational/Livelihood and Skills Training This
includes seminars and skills training classes like
food preservation and processing, candle
making, novelity items and handicrafts making,
etc. to help the clients earn extra income.
Likewise, vocational and technical trade classes
are available such as refrigeration, automotive
mechanics, electronic repairs, tailoring,
dressmaking, basic computer training, etc.
through coordination with local barangays,
parish centers, schools and civic organizations.
E. Health, Mental and Medical Services
These are medical missions that are
organized to provide various forms of medical
and health services including physical
examination and treatment, free medicines and
 vitamins, dental examination and treatment, drug
dependency test and laboratory examinations.
This also includes psychological testing and
evaluation as well as psychiatric treatment that are
provided for by the Agency’s Clinical Services
Division.
F. Literacy and Education
In coordination with LGU programs, adult
education classes are available to help clients learn
basic writing, reading and arithmetic. This is
particularly intended for clients who are “no read,
no write” to help them become functionally literate.
G. Community Service
It refers to the services in the community
rendered by clients for the benefit of society. It
includes tree planting, beautification drives, cleaning
and greening of surroundings, maintenance of public
parks and places, garbage collection, blood donation
and similar socioactivities.
H. Client Self-Help Organization
This program takes the form of cooperatives
and client associations wherein the clients form
cooperatives and associations as an economic group to
venture on small-scale projects.
I. Payment of Civil Liability
The payment of civil liability or indemnification
to victims of offenders are pursued despite the
economic status of clients. Payment of obligations to
the victims instills in the minds of the clients their
responsibility and the consequence of the harm they
inflicted to others.
J. Environment and Ecology
These seminars/lectures tackle anti-smoke
belching campaigns, organic farming, waste
management, segregation and disposal and proper
care of the environment. Its objective is to instill
awareness and concern in preserving ecological
balance and environmental health, seminars/lectures
are conducted wherein clients participate.
K. Sports and Physical Fitness
These are activities that provide physical
exertion like sports, games and group play are
conducted to enhance the physical well-being of
clients. Friendly competition of clients from the
various offices of the sectors, together with the
officers, provide an enjoyable and healthful respite.
II. Restorative Justice (RJ)
- It is a theory of justice that emphasizes repairing the
harm caused or revealed by criminal behavior. It is best
accomplished through cooperative processes that
includes all stakeholders.
- RJ differs from contemporary criminal justice in
several ways, namely:
1. It views criminal acts more comprehensively
rather than defining crime as simply
lawbreaking, it recognizes that offenders
harm victims, communities and even
themselves;
2. It involves more parties in responding to
crime rather than giving key roles only to
government and the offender, it includes
victim and communities as well; and
3. It measures success differently rather than
measuring how much punishment is
inflicted, it measures how much harm is
repaired or prevented.
- According to PPA, Restorative Justice is a process
through which remorseful offenders accept
responsibility for their misconduct, particularly to
their victims and to the community. Through
proactive involvement of victims, ownership of the
offender of the crime and the community is search
for solutions; it creates an obligation to make things
right, and promote repair, reconciliation and
reassurance.
BASIC ELEMENTS OF
RESTORATIVE JUSTICE
1. Encounter
- it creates opportunities for victims,
offenders and community members who
want to meet and discuss the crime and its
aftermath;
2. Amends
- It expects offenders to take steps to
repair harm they have caused to their
victims;
3. Reintegration
- It seeks to restore victims and
offenders as a whole and help them
become contributing members of society;
and
4. Inclusion
- Provide opportunities for parties with a
stake in a specific crime to participate in
the resolution.
GOALS OF RESTORATIVE
JUSTICE
 The primary objective of Restorative Justice (RJ) is to
repair the harm. The criminal justice professional
applying the RJ philosophy needs to understand the
impact of crime on the victims, and the latter’s family
and future. By helping the victim, the system can:
• Exert effort to appropriately respond to the
victim’s harm;
• According hold offenders accountable;
• Reduce the victimization of the victim again;
• Improve active involvement and cooperation
of the victim; and
• Protect and empower victims.
BENEFITS OF RESTORATIVE
JUSTICE
a) Reintegration of the offenders to the social
mainstream and encouraging them to assume
active responsibility for the injuries inflicted to
the victims;
b) Proactive involvement of the community to
support and assist in the rehabilitation of victims
and offenders;
c) Attention to the needs of the victims, survivors
and other persons affected by the crime as
participating stakeholders in the CJS, rather than
mere objects or passive recipients of services of
intervention that may be unwanted,
inappropriate or ineffective;
d) Healing the effects of the crime or wrongdoing
suffered by the respective stakeholders; and
e) Prevention of further commission of crime and
delinquency.
PEACEMAKING ENCOUNTER
- It is a restorative process employed by the
PPA. It is a community-based gathering that
brings the victim, the victimized community,
and the offender together.
- It supports the healing process of the victims
by providing a safe and controlled setting for
them to meet and speak with the offender on
a confidential and strictly voluntary basis.
- It also allows the offender to learn about the
impact of the crime to the victim and his/her
family, and to take direct responsibility for
his/her behavior. In addition to this, it
provides a chance for the victim and the
offender to forge a mutually acceptable plan
that addresses the harm caused by the crime.
- The following processes is being
implemented by the PPA’s Peacemaking
Encounter as a communitybased
decision model:
1. Mediation
- often referred to as Victim-Offender-Mediation
(VOM). It is a form of Alternative Dispute
Resolution (ADR). Typically, a third stakeholder,
the moderator, assists the parties to negotiate
settlement.
- This is a process that provides interested victim/s an
opportunity to meet the offender in a safe and
structured setting, and engage in a discussion of
the crime.
2. Conferencing
- It is voluntary, structured meeting between
offender/s, victim/s and/or both parties’ family
and friends, in which they address consequences
as restitution and other outcomes.
3. Circle of Support
- It is a model of RJ which provides an opportunity for
victims, offenders and community to discuss the
crime, and its aftermath, particularly its effects on
the relationships in the community.
4. Indigenous Practices
- Its goal is to preserve, protect and respect
Indigenous Practices of DOJ-PPA tribal clients. PPA
adopts and adheres to prescribe mechanisms
customary to their beliefs but ensuring and
guaranteeing the due exercise of the concerned
tribal community to reject or allow the
intervention, documentation and publication of
the DOJ-PPA of the indigenous conciliation
practice undertaken.
RESTORATIVE JUSTICE
OUTCOMES
As a result of the restorative justice process, the
following outcomes or interventions may be agreed
upon by parties in a Restorative Justice discussion,
such as, but not limited to:
1. Restitution
- It is a process upon which the offender accepts
accountability for the financial and/or non-financial
losses he/she may have caused to the victim.
Restitution is a “core” victim’s right which is very
crucial in assisting the redirection of the victim’s life.
The PPO should see to it that the offender complies
with this condition.
2. Community Work Service
- It is a work performed without compensation by the
offender for the benefit of the community as an
outcome of a RJ process reached through restorative
agreement among stakeholders. In its application, the
offender can be subjected to perform work service
measures, including, but not limited to any of the
following:
a) Mentoring and Intergenerational Service –
Offenders will develop their nurturing needs
through caring for other people; example; with
senior citizens, with orphanages, or with street
children.
b) Economic Development –
Offenders link directly with the business
project; examples: cleaning downtown area, tree
planting, maintenance of business zones, housing
restoration, garbage and waste management,
cleaning of esteros, recycling, construction, repair of
streets, and the like.
c) Citizenship and Civic Participation –
It includes experimental activities which involve
solving community problems; examples; puppet
shows that showcase values, street dramas, peer
counseling.
d) Helping Disadvantage –
Its goal is to enhance an offender’s self-esteem;
examples: assist handicapped, assist in soup kitchen,
tutor peers, visit the aged in jail and hospitals.
e) Crime Prevention Project –
This includes, Brgy. Ronda, and giving testimony
to youth.
3. Counseling
- Its goal is to enhance the client’s
interpersonal relationship and it will help him/her
become more aware of his/her
shortcomings/weakness. This will also help him/her
overcome painful experiences that drove him/her to
commit a crime/offense.
4. Family Therapy Session
- It aims to develop healthy personal
relationships within the family and to establish open
positive communication between family members and
significant others. Family members should be
oriented in their individual responsibilities and
roles.
Volunteerism
- It refers to an act involving a wide range of
activities, including traditional forms of mutual aid
and developmental interventions that provides an
enabling and empowering environment both on
the part of the beneficiary receiving and the
volunteer rendering the act, undertaken for
reasons arising from sociodevelopmental, business
or corporate orientation, commitment or
conviction for the attainment of the public good
and where monetary and other incentives or
reward are not the primary motivating factors (RA
9418, Section 4).
- It is a program of the Parole and Probation
Administration (PPA) aimed at generating
maximum, effective and efficient citizen
participation and community involvement in the
process of client rehabilitation prevention of crime
and the overall administration of criminal justice.
- It was first established under Section 28 of
Presidential Decree No. 968, the Probation Law of
1976, which authorizes the appointment of
citizens of good repute and probity to act as
probation aides to assist in the supervision of
probationers, parolees and pardonees. They were
referred to as Probation Aides.
- Under the Volunteer Act of 2007, the concept of
volunteerism in the community was enhanced and
encouraged. The Act provides for National
Government Agencies and Local Government
Units to establish volunteer programs in their
respective offices to promote and encourage
volunteering in government programs and
projects as well as enjoin government employees
to render volunteer service in social, economic
and humanitarian development undertakings in
the community (RA 9418, Section 12.c).
- Volunteer Probation Assistants (VPAs) is the new
name for Probation Aides after the amendment
made on Presidential Decree 968, through the
Republic Act No. 10707. VPAs are to assist the
Chief Probation and Parole Officers in the
supervised treatment program of the probationers
(RA 10707, 2019, Section 6).
- Through the Executive Order No. 468 of 2005, the
Volunteer Probation Aide (VPA) Program of the
 Parole and Probation Administration (PPA) was PPA and clients;
revitalized. It tasked the PPA to vigorously recruit, 4. Respect confidentiality;
select, train and appoint citizens of good repute and 5. Honor all commitments and be on time for
probity to effectively provide assistance and other all appointments;
specialized services to the Administration in the 6. Consult with the PPA staff of in doubt on any
supervision and rehabilitation of offenders and along matter;
the area of crime prevention (EO 468, 2005, Section 7. Keep PPA staff informed of any important
2). change in the client’s situation or any
significant incident;
OBJECTIVES OF VOLUNTEERISM 8. Be a good behaviour model for the client in
According to PPA the objectives of VPA are: action and word;
9. Participate enthusiastically in volunteer
meetings and training sessions; and
• To amplify the extent of services rendered to 10. Believe that human beings can change their
the clients in an effective yet economical means behavior patterns since the primary
through the use of volunteers; objective is to help the client’s re-entry into
• To develop a competent corps of VPA who will society.
assist the Parole and Pardon Officers in the
effective supervision of its clients; QUALIFICATIONS TO BE A VPA
• To inculcate greater citizen awareness and
understanding of the criminal justice system According to PPA the following are the
and its components; qualifications to be a VPA (PPA, 2019):
• To enhance community participation in crime
prevention, treatment of offenders and criminal
1. 35 years old or older
justice administration; and
2. Reputable member of the community and of
• To foster an attitude of meaningful involvement
good moral character
in the social, economic, cultural and political
3. A resident of the same community as the
affairs of the community.
client 4. With adequate source of income or
financially able
ADVANTAGES OF
5. Willing to serve without compensation
VOLUNTEERISM
6. Willing to prepare reports
The advantages of VPA are: 7. No criminal record or conviction except former
clients with exemplary behaviour to be role
1. Opens new fields for community involvement in models
corrections and for training youth leaders, 8. With adequate good health
barangay organizations, and civic group in social
development; and ROLES OF VOLUNTEER
2. Makes it possible for the correctional system to PROBATION AIDES
exercise supervision of offenders at less cost to
the government. There are two primary roles of a VPA (PPA,
2019, p. 3):
CHARACTERISTICS OF VPA

Aside from being a citizen of good repute and 1. As Director Supervisor:

probity, here are the characteristics of a VPA: a) Supervise a maximum of
five clients at any given time
1. Give continued affection to the client, even b) Work closely with officer-
when specific behaviour is unacceptable and on-case and CPPO/OIC, and discuss
build on whatever good points there are; treatment plan and status of clients;
c) Submit monthly
2. Introduce new positive experiences into the accomplishment report to officer-on-
client’s life;
3. Be aware of the primary responsibilities of
 case or CPPO/OIC, and other reports
required; and
d) Perform such other tasks as may be
assigned by the officer-on-case or
CPPO/OIC.
2. As a Resource Individual:
a) Resource Speaker on Volunteerism,
Restorative Justice, Therapeutic
Community and other topics;
b) Counselor to other clients/ people who
need help;
c) Donor, sponsor or referring person;
d) Program coordinator of client activities;
e) Act as a Mediator, Restorative Justice
implementer, and Therapeutic
Community facilitator.
FUNCTIONS AND RESPONSIBILITIES OF
VPAs
The functions and responsibilities of VPA are
as follow (PPA, 2019, p.4):
1. Work in close consultation and cooperation with
the Supervising Officer;
2. Keep all information about the supervise in strict
confidentially;
3. Maintain an honest recording and monthly
reporting of activities to the Supervising Officer;
4. Devote substantial and quality time for
supervision of clients and perform the following
task:
a) Offer guidance and counselling;
b) Act as placement facilitator;
c) Implement treatment objectives as
provided in the program of supervision;
d) Refer to appropriate agencies clients with
various spiritual, mental, social, emotional,
physical or health needs; and
e) Act as a resource individual.
5. Endeavor to heal relationships among the victim,
client and community;
6. Attend TC and RJ sessions/ activities as may be
required; and
7. Assist in other rehabilitation activities for clients,
as necessary.
VOLUNTEER PROBATION AIDE
CASE ASSIGNMENT PROCEDURES
According to PPA, here is how the case/s are
being assigned to VPA:
1. Supervising Officer (SO) identifies a suitable
match of VPA and client
2. CPPO or SO inform the VPA and the client
individually of the planned assignment of the
case to the VPA and explains the program and
process.
3. CPPO assign case/s of VPA under the charge
of a SO by way of an Officer Order.
4. SO formally introduces the client and the VPA
to each other.
5. VPA conducts initial interview/s to get to
know basic information and circumstances of
the client.
6. VPA and client make tentative plans on how
to facilitate and undertake the supervision
process.
7. VPA takes time to study client’s records,
investigation report and supervision history,
MPDP, supervision case notes, Payment Plan,
etc. which shall be treated with strict
confidentiality.
8. VPA conducts subsequent supervision
interviews and periodic house and workplace
visits, results of which to be reported to the
SO and recorded in the Supervision Case
Notes (SCN) of the client.
9. VPA attends and performs allied supervision
activities and accomplishes VPA Monthly
Reports.
SUSPENDED SENTENCE
- It is a legal arrangement in which a person
who has been found guilty if a crime is not
sentenced to jail but may be sentenced for
that crime during a specified period.
- It is an alternative to imprisonment where a
judge may partially or entirely suspend the
convicted individual’s prison or jail
sentence so long they fulfil certain
conditions. If the conditions are violated,
then the state may petition to revoke the
suspended sentence and reimpose the
original term of the sentence. - In the
Philippines, Suspended Sentence is the
holding in abeyance of the service of the
sentence imposed by the court upon a
finding of guilt of the juvenile in conflict with
the law who will undergo rehabilitation. In
pursuant to the Memorandum of
Agreement (MOA) entered into by DOJ-PPA
 with Dangerous Drug Board (DDB), the PPA has
an added task of conducting investigation of
firsttime minor drug offenders who apply for
suspended sentence under R.A. No. 9165.
SUSPENSION OF SENTENCE
OF A FIRST-TIME MINOR
DRUG OFFENDER
First-Time Minor Drug Offender
- It refers to a natural person who commits crime or
an offense in violation of the Act for the first-time
when he is over 15 but under 18 when the decision
should have been promulgated.
Section 66, R.A. 9165
An accused who is over fifteen (15) years of age at
the time of the commission of the possession of the
dangerous drugs, but not more than eighteen (18)
years of age at the time when the judgment should
have been promulgated after having been found
guilty of said offense, may be given the benefits of a
suspended sentence, subject to the following
conditions:
1. He/she has not been previously convicted of
violating any provision of this Act, or the
Dangerous Drugs Act of 1972, as amended;
or of the Revised Penal Code; or any special
penal laws;
2. He/she has not been previously committed
to a Center or to the care of a DOH-
accredited physician; and
3. The Board favorably recommends that
his/her sentence be suspended.
While under suspended sentence, he/she
shall be under the supervision and rehabilitative
surveillance of the Dangerous Drug Board (DDB),
under such conditions that the court may impose for a
period ranging from six (6) months to eighteen (18)
months.
Upon recommendation of DDB, the court may
commit the accused under suspended sentence to
a Center, or to the care of a DOH-accredited
physician for at least six (6) months, with aftercare
and follow-up program for not more than eighteen
(18) months (RA 9165, Section 66).
Note: The privilege of suspended sentence to be
availed of only once by a first-time minor
offender (RA 9165, 2002, Section 68).
the accused, the court shall enter an order to
CASE FOR DISPOSITION
CONFERENCE
According to the Revised Rule on Children in
Conflict with the Law (CICL), the court shall set
the case for disposition conference within 15
days from the promulgation of sentence
with notice to the social worker of the court,
the child and the parents or guardian of the
child and the child’s counsel, the victim and
counsel.
At the conference, the court shall proceed to
determine and issue, any combination of the
following disposition measures best suited to
the rehabilitation and welfare of the child:
1. Care, guidance, and supervision orders;
2. Community service orders;
3. Drug and alcohol treatment;
4. Participation in group counseling and
similar activities; and
5. Commitment to the Youth Rehabilitation
Center of the DSWD or other centers for
CICL authorized by the Secretary of the
DSWD.
The social worker assigned to the child shall
monitor the compliance by the child in conflict
with the law with the disposition measures and
shall regularly submit to the court a status and
progress report on the matter. The court may set
a conference for the evaluation of such report in
the presence, if practicable, of the child, the
parents or guardian, counsel and other persons
whose presence may be deemed necessary.
DISCHARGE OF A FIRST-TIME
MINOR OFFENDER
If the first-time minor offender under
suspended sentence complies with the
applicable rules and regulations of the DDB,
including confinement in a Center, the court,
upon a favorable recommendation of the DDB
for the final discharge of the, shall discharge the
accused and dismiss all proceedings.
Upon the dismissal of the proceedings against
expunge all official records, other than the confidential
record to be retained by the DOJ relating to the case.
Such an order, which must be kept confidential, must
restore the accused to his/her status prior to the case.
The child shall be brought before the court for
execution of the judgment of the court finds that the
child:
1. Is incorrigible; or
2. Has not shown the capability of becoming a
useful member of society; or
3. Has willfully failed to comply with the
conditions of the disposition or
rehabilitation program; or
4. The child’s continued stay in the training
institution is not in the child’s best interest,
VOLUNTARY CONFINEMENT
Voluntary Confinement
It is an intervention activity where any drug
dependent or any person who violates Sec. 15 of RA
9165 either by himself or through his parents, spouse,
guardian or relative within the fourth degree of
consanguinity or affinity, shall apply to the Board or its
duly recognized representative, for treatment and
rehabilitation.
This is applicable to those who have been discharged
as rehabilitated by the DOH-Accredited Center under
Voluntary Submission Programs, but failed to qualify
for exemption from criminal liability under Section 55.
As a consequence, they were charged and convicted
for violation of Section 15 of RA 9165, however,
instead of serving sentence, they were placed on
probation and required to undergo community service
as an alternative to imprisonment.
REHABILITATION PROGRAM
The Probation Officer assigned to conduct
supervision of the probationer will prepare a
rehabilitation program for strict compliance by the
probationer. The rehabilitation program must be
prepared after proper consultation with the
probationer, and his relative, or a significant other who
is a responsible and permanent resident of the place
where the probationer resides.
The goals of the rehabilitation program are:
1. To fix or, as needed, adjust/readjust the
level of supervisory control required to
address the overall danger posed by the
probationer to the community.
2. To assess/reassess how the probationer
will make amends for the harm he may
have inflicted and what strategies will be
sued to increase his understanding of
the impact of his behavior to himself, his
family and his community;
3. To identify the behavior gaps,
problematic mindset and/or inadequacy
in skills that contributed to his
delinquency and involvement in drug,
and set intervention and treatment
measures and solutions
thereafter; and
4. To select appropriate community-work
service which will help probationer/s
make up for their wrongdoing.
COMMUNITY SERVICE
Community Service – It is a free public labor
or work with therapeutic purpose as a
sanction for an offense committed to be
performed by an offender for the benefit of
the community designed as an aftercare
intervention program for the rehabilitation of
offender/s placed on probation (DDB, 2006,
Section 2).
COMMUNITY SERVICE UNDER
THE VOLUNTARY SUBMISSION
PROGRAMS
Community Service is an integral part of
his after-care and follow-up
program, as indicated in the Section
57 of RA 9165 (2002); a probationer who is
placed under the supervision of the Probation
Office. It may be done in coordination with the
recommendation with nongovernmental civil
organizations accredited by the DSWD, with the
recommendation of the Board.
COMMUNITY SERVICE FOR
FIRST-TIME MINOR OFFENDER
A first-time minor offender may be placed on
probation or perform community service in lieu
of imprisonment. In case the first-time minor
 offender is sentenced to perform community
service, the order of the Court shall be complied
with under such conditions, time and place as may
be determined by the Court in its discretion and
upon the recommendation of the DDB.

GOALS OF COMMUNITY
SERVICE

Community service, either under the Voluntary

Submission Program or for first-time minor offender is
a free public labor which seeks to achieve the
following (DDB, 2006, Section 18):
1. To hold offender accountable for the harm
indirectly caused by him to the community;
2. To present a meaningful lesson for offender to
realize that crime/offense he has committed
has a public repercussion, and therefore, on
his part, incurred restorative obligation to
settle;
3. To help offender develop new skills and
practical experiences which he could acquire
for reintegration to the societal mainstream;
4. To provide the community with human
resources that can improve the quality of life
in public environment, business and even
individual residences; and
5. To be a mechanism that can be used by the
community to foster/enhance public safety
and order.

“To know, is to know that you know nothing.

That is the meaning of true knowledge.”
- Socrates