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Institutional Correction

UNIT I
INSTITUTIONAL CORRECTIONS
AND ITS BACKGROUND
Learning Outcomes:
At the end of this lesson, you are expected to:
 explain the objectives of institutional
correction;
 describe the difference between arbitrary and
illegal detention;
 discuss the classification of inmates; and
 elaborate the two approaches of correction.
Introduction:
The fourth pillar of the Philippine Criminal
Justice System is Correction, which is
responsible for taking custody, reforming,
and rehabilitating offenders through
institutional or non-institutional corrections.
Corrections serves the following purposes:
protecting society from dangerous criminals,
reforming and rehabilitating offenders,
deterring crime, and maintaining
institutions.
Activate Prior Knowledge:
 Distinguish Institutional Correction
and Non-Institutional Correction.
Lesson 1
Historical Perspective on the Development
of Corrections
Early Codes
 Babylonian and Sumerian Codes
 King Hammurabi's Code (Hammurabic
Code)– Babylon is credited with having the
oldest code of cruel punishment. Sumerian
codes, on the other hand, were nearly a
century older.
Justinian Code – Emperor Justinian of Rome
drafted his code of law in the sixth century AD.
An attempt to assign a desired level of
punishment to all potential offences. However,
due to the fall of the Roman Empire, the law did
not survive, but it did leave a foundation for
Western legal codes. The Twelve Tables (451-
450 BC) were the oldest Roman legal
codifications incorporated into the Justinian
code.
 Greek Code of Draco – Greece, a harsh code that
provides the same punishment for both citizens
and the slaves as it incorporates primitive
concepts. The Greeks were the first to allow any
citizen to prosecute the offender in the name of
the injured party.
 The Burgundian Code (500 AD) – It specified
punishment for violators based on their social
class, classifying them into Nobles, Middle Class,
and Lower Class, and specifying the value of each
person's life based on social rank.
Early Prisons
 Mamertine Prison – In 640-616 B.C., the sole early
Roman place of confinement was created beneath
Rome's main sewer.
 Bridewell (1556) – the most popular workhouse in
London which was built for the employment and housing
of English prisoners, used for locking up vagrants,
beggars, prostitutes and other misfits.
 Walnut Street Jail – In Philadelphia, it was built as a
detention center. It was converted into the first American
Penitentiary after being converted into a state prison.
 Hospicio de San Michelle –the first home for delinquent
boys ever established. Built by Pope Clement XI in
Rome for housing incorrigible youths under 20 years of
age.
 Devils Island – From 1852 to 1859, a French penal
colony was established where prisoners were
deported.
 13th Century – Securing Sanctuary - A criminal
may evade punishment in the 13th century by
seeking refuge at a church for 40 days.
 16th Century – It was decided that convicts could
be transported to England. This system was
followed by Russia and other European countries
at the turn of the century. In 1835, this practice was
discontinued.
Punishment as it was originally conceived
 Personal vengeance -is referred to as
retribution.
 Expiation - collective revenge as "atonement"
 Deterrence — act as a deterrent to future
violators.
 Protection - for the sake of society's safety.
 Reformation- is the process of changing one's
behavior in order to assist them reintegrate back
into society.
Theories to Support Penalties
 Prevention — the state punishes criminals in order
to contain/prevent a threat to the state and the
public.
 • Self-defense – to defend society from the
criminal's threat and wrongdoing
 • Reformation — the state's responsibility to care
for and reform criminals.
 • Exemplary punishment – the criminal is punished
in order to set a good example for others.
 • Justice – based on the idea that the state must
punish criminals.
The Legal Status of the Penalty

 Personal - the guilty person must be the one to punish.


 Penalty – is the suffering caused by the state for
breaking the law.
 Legal - the result must be in compliance with the law,
and it is the outcome of a decision.
 Equivalent - various crimes must be punished in
different ways.
 Equal — all people are treated the same.
 Certain – no one is immune to its effects.
 Corrective - rehabilitates or reforms another's attitude
Lesson 2: Bureau of Corrections
The National Penitentiary System (NPS)Spanish
and Pre-Colonial Regimes
 Because there were no governmental
penitentiaries in pre-colonial times, the
informal prison system was community-based.
Local chieftains imposed appropriate
sanctions on natives who disobeyed or broke
local laws. The purpose of incarceration in the
community was to keep the perpetrator from
causing more harm to the community's
members.
National Prisons
 Old Bilibid Prison (1847) – It was formally opened as the
primary penitentiary on Manila by Royal Decree in 1865. This
prison was dubbed "Carcel y Presidio Correcional" and had a
capacity of 1,127 inmates.
 Carcel — a prison built to house 600 inmates separated by class,
sex, and criminality.
Presidio – has a capacity of 527 inmates.
San Ramon Prison and Penal Farm (August 21, 1869) –
established (founded by Captain Ramon Blanco of the Spanish
Royal Army) in Zamboanga City to confine Muslim rebels and
recalcitrant political prisoners opposed to the Spanish rule. It
was originally set on 1,414-hectare sprawling estate. On
January 1, 1915, it was placed under the auspices of the
Bureau of Prisons and started receiving prisoners from
Mindanao.
 Correctional Institution for Women (November
27, 1929) – It was established by Act 3579 in
order to offer distinct facilities for female
criminals.
 Davao Penal Colony (January 21, 1932) – It was
established in accordance with Act No. 3732.
Gen. Paulino Santos founded the company. The
majority of the land is used for abaca and
banana plantations. It was utilized as a POW
camp for American prisoners of war in 1942.
(Kapalong and Panabo subcolonies)
 New Bilibid Prison (1935) – The Commonwealth
Act No. 67 was passed, allocating one million pesos
(P1,000,000.00) to the construction of a new
national jail in Muntinlupa, Rizal (Muntinlupa City).
All convicts of Manila's Old Bilibid Prison were
relocated to the new facility on November 15, 1940.
It was formally designated New Bilibid Prison on
January 22, 1941, and has a capacity of 3,000
inmates. The jail reservation is 587 hectares in size.
 Camp Sampaguita – During the martial law years,
the Medium Security Camp was used as a military
stockade.
 Bukang Liwayway – Camp with the Strictest
Security.
 Sablayan Prison and Penal Farm (September
27, 1954) – Proclamation No. 72 established it
in Occidental Mindoro. Central, Pasugol,
Pusog, and Yapang are the sub-colonies.
(CPPY)
 Leyte Regional Prison (January 16, 1973) –
Proclamation No. 1101 established the prison.
Also known as Abuyog Penal Colony.
Non-Operational National Prisons
 Fort Bonifacio Prison, a military reservation in Makati that
was constructed after the Americans arrived in the
Philippines, formerly known as Fort William Mckinley.
Following the Philippines' independence, the reservation was
handed over to the Philippine government, which directed
the Bureau of Prisons to use the facility to house maximum
security offenders. Incorrigibles were mixed in with political
prisoners (those convicted of insurrection) at the Fort
Bonifacio facility for several years until it was turned into a jail
exclusively for political criminals on June 30, 1968. However,
after a brutal insurrection at the Muntinlupa facility in April
1969, incorrigible Muntinlupa inmates were transported to
Fort Bonifacio. The facility was only decommissioned by the
Bureau of Prisons in the late 1980s.
Corregidor Prison Stockade – Around 100
inmates were moved from the Old Bilibid
Prison to Corregidor Island in 1908 to work
under military command. His transfer was
authorized by an order from the Department of
Instructions, which authorized the transfer of
inmates to assist in stockade upkeep and other
tasks. The offenders were transported for
prison labor rather than serving time.
Bontoc Prison – During the American
occupation, the Philippine Legislature issued Act
No. 1876, which established a prison in Bontoc,
Mountain Province. The prison was created for
provincial and insular convicts from Mountain
Province and Nueva Viscaya who were members
of non-Christian tribes. Only a few tiny, poorly
built mountain roads led to Bontoc jail. The
facility was abandoned due to the significant
costs of transporting employees, equipment, and
supplies to the penitentiary.
The Mandates of the Bureau of Corrections
     The BUCOR will be in charge of keeping national
inmates who have been condemned to more than
three (3) years in prison safe and implementing
reformation programs.
      (a) Safekeeping of National Inmates – Inmates
must be provided with enough lodgings, food,
water, and clothes in accordance with established
United Nations standards. The Custodial Force,
which consists of Corrections Officers with a ranking
system and salary grades comparable to those in
the BJMP, will be responsible for the inmates'
safety.
    (b) Reformation of National Inmates – The following
are the reformation programs that the BUCOR will
implement for the inmates:
 (1) Moral and Spiritual Development Program
 (2) Program of Education and Training;
 3) Work and Earnings Program;
 (4) Program for Sports and Recreation;
 (5) Program for Health and Welfare; and
 (6) Therapeutic Community as part of a Behavior
Modification Program.
(c) Professional Reformation Personnel, comprised of
Corrections Technical Officers with a ranking system and
compensation grades identical to Corrections Officers, will
carry out the reformation programs.
 Corrections Technical Officers are personnel who work in
the implementation of reformation programs and whose
jobs need them to be in close proximity to inmates.
 Priests, evangelists, pastors, teachers, instructors,
professors, vocational placement officers, librarians,
guidance counselors, physicians, nurses, medical
technologists, pharmacists, dentists, therapists,
psychologists, psychiatrists, sociologists, social workers,
engineers, electricians, agriculturists, veterinarians,
lawyers, and other professionals with relevant professional
skills to the implementation of inmate reformation programs
are all examples of Corrections Technical Officers.
Admission and Confinement of Inmates
 Receiving – At the RDC, a new prisoner is welcomed. He
usually comes from a provincial or city jail, where he was
quickly committed after a court conviction and brought to
the national penitentiary by the escort battalion.
 Checking of Commitment Paper – to see if they have the
judge's signature or the clerk of court's signature, as well as
the court's seal.
 Identification – established through the appearance of a
photograph and a fingerprint in the commitment order
 Searching – The prisoner's personal belongings are searched.
 Briefing and Orientation – Before being assigned to RDC or
quarantine unit, the prisoner will be briefed and orientated on
the prison's norms and regulations.
RDC member of staff
 1. Psychiatrist — examines the mental and emotional
makeup of the prisoner
 2. Psychologist – the prisoner's behavior
 3. Sociologist — investigate the prisoner's social
situation.
 4. Educational Counsellor - leads orientation seminars
to help inmates improve their attitudes toward education
and proposes educational programs for them.
 5. Test the prisoner's specific skills, interests, and
abilities with a vocational counselor.
 6. Encourage prisoners to participate in religious
activities by a chaplain.
 7. Medical officer - performs physical examinations and
provides medical care to inmates.
Classification
 The practice of assigning inmates to groups based on their
sentence, gender, age, health, criminal records, and other
relevant information.
 Diagnosis — the inmate's medical history and personality
are examined.
 Treatment Planning is putting together a rough treatment
plan that is tailored to the individual's needs.
 Treatment program execution - the actual application of
the treatment program
 Re-classification – the process of monitoring a prisoner's
reaction to a treatment program and conducting a review
of earlier findings in comparison to new information
currently available.
 Board of Classification
 Every prison must have a classification board that
classifies inmates according to the BUCOR Manual
and is made up of the following members:
 CHAIRMAN………………SUPERINTENDENT, RDC
 MEMBER...... CHIEF MEDICAL OFFICER,
EDUCATION SECTION, AGRO-INDUSTRIES
SECTION
 SECRETARY................CHIEF OVERSEER
The Two Approaches of Correction in the
Philippines
 For the treatment of convicts, the Philippine
jail system used two ways. The two types of
treatment programs are those that are based
in institutions and those that are based in
communities. The goal of these programs
was to improve the offender's attitude and
philosophy of life.
 Probation and parole are the two primary
types of community corrections supervision.

 The terms "parole" and "probation" are


frequently interchanged. While both define a
conditionally released offender's legal status,
the two punishments and processes are not
the same.
 Probation is a punishment imposed by the criminal
justice system as an alternative to jail time, and it can be
ordered in lieu of or in addition to a prison sentence. An
criminal on probation is nonetheless subject to court
monitoring and must follow tight regulations throughout
the probation period or face the possibility of being
sentenced to prison.

 Parole is a conditional release from jail that is supervised


by the state's criminal justice system. Typically, a criminal
is sentenced to prison with the chance of parole. An
criminal may appear before a parole board after serving a
certain percentage of his or her sentence, which has the
authority to grant early release. A parole will almost
always accompany an early release.
Arbitrary Detention and Illegal Detention
 Any public officer or employee who detains a person
without legal grounds is guilty of arbitrary detention,
according to Article 124 of the RPC. The conduct of a
crime, violent insanity, or any other ailment requiring
the patient's obligatory confinement in a hospital shall
be regarded legal grounds for detention under this
clause.
 On the other hand, any person who, in any instance
other than those authorized by law, or without
reasonable justification, arrests or detains another for
the purpose of delivering him to the legal authorities
commits illegal detention, according to Article 269 of
the law.
Medium Security (Blue)
 1. A sentence of fewer than 20 years is the minimum
requirement.
 2.Inmates or detainees serving less than a 20-year
sentence should be remanded.
 3.Regardless of the case or sentencing, anyone under
the age of 18
 4.Have had two or more escapes, but have served an
additional eight years since recommitment
 5.Those who have only one escape record but have
served at least five years since their recommitment
 6.Those who are sentenced to life in prison but must
serve a minimum of 5 years as a maximum security
prisoner
Minimum Security (Brown)
 With a serious physical disability
 65 years and older, without an ongoing case, and
whose conviction is not being challenged
 Except for GCTA, serve at least 12 of the minimum
term or 1/3 of the maximum penalty.
 With only 6 months to serve before the maximum
sentence expires,
Classification of Inmate as to Privilege
Inmate 
 1. Third Class Inmate – previously committed for three or
more times as a sentence prisoner, except for those who
have been downgraded from a higher class and those
who have not paid a fine.
 2. A recently arriving inmate, or an inmate degraded
from first class or promoted from third class, is referred
to as a second class inmate.
 3.First Class Inmate — someone who was assigned to
this class at the start of their sentence because of their
good reputation and credit for work while in detention,
or someone who was promoted from the second class.
Colonist
     The Director, on the suggestion of the
Classification Board, may categorize an inmate as a
colonist if he or she meets the following criteria:
 1. Be a first-class inmate who has served at least
one year immediately prior to the conclusion of the
following qualification term.
 2. Has served a period of incarceration equivalent
to 1/5 of the maximum duration of his jail sentence,
or seven years in the case of a life sentence, with
good behavior.
 Privileges of a Colonist
 1. A 5-day GCTA for each calendar month he keeps said
categorization, in addition to the ordinary GCTA granted under
RPC Art.97.
 "Article 97 of the Constitution of the United States of America."
Allowance in exchange for good behavior. - Any offender who
qualifies for credit for preventive imprisonment under Article 29
of this Code, or any convicted prisoner in any penal institution,
rehabilitation or detention center, or any other municipal jail, is
entitled to the following reductions in his sentence:
 1. He will be permitted a discount of twenty(20) days for each
month of good behavior during his detention within the first
two years of his sentence.
 2. He will be permitted a deduction of twenty-three(23) days
for each month of good behavior during his incarceration from
the third to the fifth year, inclusive.
 3. He will be given a deduction of twenty-five (25)
days for each month of good behavior throughout
his detention for the following years, up to and
including the tenth year of his sentence.
 4. He shall be permitted a deduction of thirty (30)
days for each month of good behavior during his
detention throughout the eleventh and
subsequent years of his sentence; and
 5. In addition to the numbers one to four above, he
shall be permitted a fifteen (15)-day deduction at
any point during his imprisonment for each month
of study, teaching, or research.
 Transfer of Inmate
 Inmate transfer to another prison - an inmate may
be transferred to another prison by the Director
on the recommendation of the Superintendent in
charge to be closer to his family or as part of his
rehabilitation program.
 Insane inmate - an inmate who has been deemed
to be mentally abnormal and has been
transferred to a mental hospital with the
Director's approval.
 Application to see the remains of a deceased relative – only
minimum and medium security inmates may be allowed to
see the remains of the following relatives upon written
application and submission of the original or certified true
copies of the death certificate, burial permit, and other
documents specified herein:
 1.Husband or wife (marriage certificate)
 2.a kid (birth certificate and marriage certificate of the inmate)
 3.Sister/brother (birth certificate of brother or sister and birth
certificate of the inmate)
 4.Mother/Father (birth certificate of the inmate)
 5.Grandchild's birth certificate, as well as that of the latter's
father, who may be the inmate's son or daughter)
 6.Grandparent (inmate's birth certificate and his/her son/birth
daughter's certificate)     
 When to apply - at least 2 days before the desired
privilege is to be enjoyed, the application must be
lodged with the Superintendent. The application and
supporting documentation, as well as the favorable
recommendation of the Superintendent and Director in
the event of an NBP or CIW inmate, must be forwarded
to the DOJ Secretary for final action at least 1 working
day before the privilege is to be exercised.
 Inmates may be allowed to observe the corpse for up to
3 hours but are not permitted to join the funeral cortege.
 Distance of trip — the privilege is only available if the
deceased relative lives within a 30-kilometer radius of the
prison via road. If the distance is greater than 30
kilometers, the privilege may be revoked.
Rights of Inmate
 • To be given time off in exchange for excellent behavior and loyalty;
 • Sending and receiving mail;
 • To follow his faith and practice his religion;
 • To receive a visitor who has been granted permission.

Privileges of Inmate
 • Participate in or attend any entertainment or sporting activity on
the prison reservation;
 • Visit the library to read books and other reading materials;
 · Smoke cigars and cigarettes only in designated areas;
 • Take part in civic, religious, and other activities that the prison
authorities have approved;
 • Accepting presents and prepared meals from visitors, which must
be inspected.
Compensation Credits
 Inmate compensation — after six months of being assigned
to labor in prison on a permanent basis, an inmate may be
eligible for compensation credits at the Director's discretion.
 Compensation earned, how it's used - an inmate's entire or
partial inmate compensation credit may be forfeited and used
to pay for supplies and equipment lost or damaged as a result
of the inmate's misconduct or neglect. The convict may use 12
percent of his earnings to acquire part of his requirements; the
remaining will be withheld and paid to him only upon release.
 Withdrawal of earnings - An inmate may withdraw up to 12
percent of his total earnings from his pay at any time.
However, in the event of an emergency, and at the
Superintendent's discretion, the entire amount of his earnings
may be withheld.
Allowance for Good Conduct and
Loyalty
  GCTA   RPC   RA 10592  

    Granting   DIR. of BUCOR, Chief BJMP, Warden of Provincial,


    Prison Director
Authority District, City and Municipal Jail  

1 – 2 years 5 days each month 20 days each month

3 – 5 years 8 days each month 23 days each month

6 – 10 years 10 days each month 25 days each month

11 years
15 days each month 30 days each month
onwards
 In computing GCTA credits, calendar months and years are
used as a reference to the sentence and time served,
whereas 30 days are used to compute GCTA credits.
 Detainee GCTA - A detainee is only eligible for GCTA if he
willingly offers in writing to complete any labor that may be
given to him. In this situation, any credit he may obtain will
be removed from any sentence he may receive if convicted.
 GCTA for a life sentenced inmate - A life sentenced offender
will not be granted GCTA while his sentence is being
appealed.
 GCTA revocation - Once issued, a GCTA cannot be revoked
without good reason.
 Restoration of GCTA - If an inmate's GCTA has been revoked
owing to his misconduct, the Director may restore it at his
discretion, based on the Superintendent's suggestion.
Special Time Allowance for Loyalty – An inmate who,
after evading sentence as a result of a conflagration,
earthquake, explosion, or other similar catastrophe,
or during a mutiny in which he was not a participant,
gives himself up voluntarily to the authorities within
48 hours of the issuance of a proclamation
announcing the passing away of such calamity, gives
himself up voluntarily to the authorities. Note: If a
prisoner chooses to stay despite the disaster, he or
she will receive a 2/5 deduction. R.A 10592)
 Riot Disturbance Group in Prison
 1st Group — this is the first wave of anti–riot
assault troops, who will be armed with wicker
shields, protective helmets, gas masks, and, if
available, night sticks or batons. This group's goals
are to disperse the rioters and apprehend their
commanders.
 The 2nd Group will be the 1st Group's backup
force, equipped with tear gas rifles and gas
grenades.
 The third group is made up of guards who have
been trained to handle and use firearms.
Punishment
 Punishment, according to some, is the imposition of an
undesirable or unpleasant outcome on a group or
individual by an authority—in contexts ranging from
child discipline to criminal law—as a response and
deterrent to an undesirable or unacceptable conduct or
behavior.
The execution of the death convict shall be witnessed
by the priest or minister assisting the offender, his
lawyers of record (no more than two), his relative (no
more than four), the prison physician and necessary
prison personnel, and such other persons as the Director
may authorize, which may include the following:
 Chief Justice of the Supreme Court or his representative
 DOJ Sec.
 Superintendent
 Chairman of the House and Senate Committee on Crime or
their representative
 Chief of NBP Hospital
 Undersecretary of Justice in charge of Corrections
 Chairman, CHR
 Police Chief of the locality where the crime was committed
 10 media witnesses
A person under the age of 18 is not permitted to witness an
execution. The identity of the relative who was to deliver the
lethal injection and the person who was to administer it must
be kept secret.
Important Numbers to Remember
 Detainees above the age of 60 may be exempt from required
labor;
 At least four times a day, count on the inmate;
 An inmate will be advised to claim his mail, and if he does not do
so within 24 hours, the letter will be handed to him;
 An infant born while his mother is incarcerated may be allowed
to stay with his mother for up to a year;Mail letter of death
convict should be documented 30 days prior to the execution
date;
 Request for inmate interview must be submitted three days
before to the proposed interview. (The interviewer must sign a
waiver of liability.) Television, radio, and other media interviews
with death row inmates are prohibited.
 Those colonists/prisoners who opt to remain in prison are given
6 hectares of land.
 Guard to inmate distance — the guard must
maintain a distance of 10 paces from his charge.
 Death Watch - In the holding cell, four guards
must maintain a watchful eye on a death inmate.
The said guards are required to keep a complete
diary of their watch.
 Every 90 days, you are allowed to make one
phone call that lasts no longer than 5 minutes.
 • A third of the guards will be assigned to reserved
duty for an 8-hour period prior to visiting duty.
 • During escort responsibilities, at least two
guards are required for each convict.

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