0% found this document useful (0 votes)
207 views

Cor Ad 101 Non Institutional

Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
0% found this document useful (0 votes)
207 views

Cor Ad 101 Non Institutional

Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
You are on page 1/ 35

COR AD 101

INSTITUTIONAL CORRECTION
1ST Semester 2023-2024

Philippine Corrections System


Composed of the institutions in the government involved in the confinement, correction and restoration of persons charged for
and/or convicted of delinquent acts or crimes. All prisons/penitentiaries, jails and detention centers are under the direct control and
supervision of the government.

The Philippine Correctional System has two (2) approaches:


1) Institutional Correction
2) Non-Institutional (Community-Based) Correction.

Institutional Corrections
 a correctional approach wherein it employs prisons and jails as correctional facilities to address inmates need for
rehabilitation/reformation;
 involves the incarceration & rehabilitation of adults, juveniles convicted of offenses against the law, and the confinement of
persons suspected of a crime awaiting trial & adjudication;

Non-Institutional (Community-Based) Correction


 refers to that method of correcting sentenced offenders without having to go to prison/jails;
 aka "community corrections" it includes probation & parole activities;
 correctional administration not directly connectable to penal institutions.

Incarceration serves four (4) essential purposes with regard to criminals:


 to isolate criminals to prevent them from committing more crimes
 to punish criminals for committing crimes
 to deter others from committing crimes
 to rehabilitate/reform criminals

Penology
The study of punishment for crime or of criminal offenders. It includes the study of control and prevention of crime through
punishment of criminal offenders. 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 deals with prison management and
the treatment of offenders, and concerned itself with the philosophy and practice of society in its effort to repress criminal activities.
Penology has stood in the past and, for the most part, still stands for the policy of inflicting punishment on the offender as a
consequence of his wrongdoing.

Salient Terms:
Alien Inmates – term for inmates who are foreigner
Assault – is a situation where violence, threat and intimidation by inmates is directed against fellow inmate, civilian or any jail personnel
Capital Punishment – is the infliction of the death penalty upon a person who committed an offense
Carpeta – also known as “INMATE RECORD or JACKET”, contains the personal and criminal records of inmates, documents related to
his incarceration such as but not limited to: commitment order, subpoenas, personal identification, orders from the court and all other
papers necessarily connected with the detention of an inmate.
Correction - is a branch of Criminal Justice System concerned with the custody, supervision, rehabilitation and reformation of criminal
offenders. Correction is considered the “weakest pillar” because of its failure to deter individuals in re-committing crimes as well as the
reformation and rehabilitation of inmates.
Correctional System (also known as a penal system) - refers to a network of agencies that administer a jurisdiction’s prisons and
community-based programs like parole and probation boards, this is part of the larger criminal justice system, which additionally
includes police, prosecution and courts.
Correctional Administration - study and practice of a systematic management of jails or prisons and other institutions concerned with
the custody, treatment, and reformation of criminal offenders.
Corporal Punishment – the infliction of physical pain upon a convicted criminal
Commitment Order – a written order of a court or any other agency authorized by law to issue, entrusting an inmate to a jail for the
purpose of safe-keeping during the pendency of his case
Contraband - any article, item or things prohibited by law and or forbidden by jail rules that would pose as security hazards or endanger
the lives of inmates.
Cruelty- it is a wanton, malicious and unnecessary infliction of pain upon the body of feelings and emotions.
Chief Custodial Officer – is the personnel in-charge in the over-all supervision of all custodial functions
Clustering of Jails – the designation of a municipal or city jail as a facility for one or more adjacent municipalities in order to maximize
the utilization of personnel and other resources.
District Jail - a cluster of small jails and is usually located near trial courts
Detainee – a person who is accused before a court or competent authority and is temporarily confined in jail while undergoing or
awaiting investigation, trial, or final judgment
Deadly Force – is force that a person uses, or that a person knows or should know would create a substantial risk of causing death or
serious bodily harm
Escape – an act of getting out unlawfully from confinement or custody;
Escapee - refers to inmate who, by his act getting out unlawfully from confinement
Fugitive from Justice- is one who flees after conviction to avoid punishment, as well as one who, after being charged, flees to avoid
prosecution.
Instrument of Restraint- mechanical device or contrivance, tools or instrument used to hold back, keep in check or under control. E.g.
hand cuff and leg iron
Jail - a place of confinement for inmates under investigation or undergoing trial, or serving short-term sentences. This includes
provincial/sub-provincial jails managed by the respective Provincial Government, district/city and municipal jails managed by the
Bureau of Jail Management and Penology (BJMP) under the Department of the Interior and Local Government (DILG).
Lock-up Jail - a special type of jail that exists in police stations purposely to detain temporarily persons with minor violations like being
drunk, uncontrollable or violent behaviours. This may also be used in apprehended violators while their cases are being processed or
investigated or being held for investigation.
Lockdown – is a situation where the inmates, whether in whole or in part, control the jail facility
Mittimus Order – a warrant issued by a court bearing its seal and the signature of the judge, directing the jail or prison authorities to
receive inmates for the service of sentence
Non-Deadly Force – is the use of physical force towards an inmate with any device other than deadly force or firearm designed to
temporarily incapacitate an inmate
Pat/Frisk Search – is a search wherein the officer pats or squeezes the subject’s clothing to attempt to detect contraband. For same
gender searches the Pat/Frisk search is normally accomplished in concert with rub search
Penology (also knownas Penal Science) - Study of punishment for crime or of criminal. A branchofCriminology dealing with prison
management,and the deterrence and reformatory treatment of criminals. It is derived from the Latin word “poena” which means pain or
suffering and “logos” meaning science.
Penitentiary Science – study of penalties dealing with the deprivation of liberty.
Penal Jail Management –mannerand practice of managing or controlling places of confinement as in jails or prisons.
Penalty- is the suffering that is inflicted by the state for the violation of law. This in general sense, signifies pain.
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 a crime or wrong doing (an instrument of public justice)
Prison -refers to the National Prison/Penitentiaries managed and supervised by the Bureau of Corrections (BUCOR) under the
Department of Justice (DOJ).
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 this search, the genital, buttocks, and breast of females areas are carefully rubbed-areas , which are not searched in a
frisk/pat search. This shall not be conducted on cross-gender individuals.
Rescue – is the act of taking-away of an inmate/s from the custody of jail officers through the use of force, threat or intimidation while
said inmate is inside the jail facility or while on transit.
Riot – is a large scale disorganized brawl or combat between inmates usually due to long standing conflict
Safekeeping – temporary custody of a person for his own protection from the community he comes from, and for the community he
comes from.
Strip Search – is a search which involves the visual inspection of disrobed or partially disrobed subject
Subsidiary Imprisonment – a personal penalty prescribed by law in substitution of the pecuniary liability when the latter cannot be
satisfied because of the culprit’s insolvency (the situation wherein the liabilities of the person exceed its assets
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
Verbal Containment – act, which includes negotiation, persuasion and or verbalization that is resorted to when the mere presence of jail
officers is not enough to contain the situation requiring him to give orders to ensure compliance by the inmates
Warning Shot – is the intentional discharge of a firearm with the purpose of causing a positive change in a person’s behaviour. This
could be employed to cause a person to stop feeling, to cause a person to drop a weapon, to gain the attention of a potentially violent
crowd, etc.
Act – refers to R.A. 10575, entitled “An Act Strengthening the Bureau of Corrections (BuCor) and providing Funds Therefore,”
otherwise known as the Bureau of Corrections Act of 2013.
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
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.
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.
Criminal Networks – refers to illegal arrangements and linkages forged by shady characters aimed to conduct unlawful activities.
Deputy Director – refers to two (2) star rank general officer of BuCor uniformed personnel.
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
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
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.
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).
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.
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.”
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.
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.
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
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.
Restraint – refers to confinement to incapacitate or deny a criminal the ability or opportunity to commit further crimes that harm society
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.)

HISTORY AND EVOLUTION OF CORRECTIONS AND APPRECIATE THE PAST AND PRESENT STATUS OF HANDLING
PRISONERS

Historical Perspective on the Development of Corrections


In the earliest societies, punishment was a collective responsibility. Each one in the social group was required to take part in at
least public condemnation of the offender to prevent the crime from spreading. As law & legal systems developed, societies became
accustomed to letting formal authorities perform the function. Punishment then became a formal responsibility to be carried out by
professionals in the employ of government.
1870-1880 - Golden Age of Penology.
 The National Prisons Association in 1870 was organized in Cincinnati, Ohio;
 The First International Congress was held in 1872 at London w/c established the International Penal and Penitentiary
Commission in 1875 ; its headquarters at Hague, Netherlands;
 Elmira Reformatory was established in New York in 1876; and
 The first separate institution for women were established in Indiana and Massachusetts.

HISTORY OF THE PRISON SYSTEM


Prison is just one of a number of sanctions available to the courts to deal with those who commit criminal offences.
Imprisonment today is the harshest sanction available, but this has not always been the case.
16th and 17th Centuries
 Sanctions for criminal behaviour tended to be public events which were designed to shame the person and deter
 others; these included the ducking stool, the pillory, whipping, branding and the stocks. At the time the sentence for many
other offenses was death.
 Prison tended to be a place where people were held before their trial or while awaiting punishment. It was very rarely used
as a punishment in its own right.
 Men and women, boys and girls, debtors and murderers were all held together in local prisons.
 Evidence suggests that the prisons of this period were badly maintained and often controlled by negligent prison warders.
Many people died of diseases like gaol fever, which was a form of typhus.
 The most important innovation of this period was the building of the prototype house of correction, the London Bridewell.
 Houses of correction were originally part of the machinery of the Poor Law, intended to instil habits of industry through prison
labour. Most of those held in them were petty offenders, vagrants and the disorderly local poor.
 By the end of the 17th century they were absorbed into the prison system under the control of the local Justices of the Peace
18th Century
 Although the 18th century has been characterised as the era of the 'Bloody Code'there was growing opposition to the death
penalty for all but the most serious crimes.
 By the mid-18th century imprisonment, with hard labour, was beginning to been seen as a suitable sanction for petty
offenders.
 The two prominent alternatives were hard labour, and for those unable to do this, the house of correction.
 This practice lead to the use of prison hulks from 1776 until their phasing out in 1857.Prison hulks were anchored ships.
Those sent to them were employed in hard labour during the day and then loaded, in chains, onto the ship at night.
 The appalling conditions on the hulks, especially the lack of control and poor physical conditions, eventually led to the end of
this practice. But the use of prison hulks did much to persuade public opinion that incarceration, with hard labour, was a
viable penalty for crime.
 In 1777, John Howard condemned the prison system as disorganised, barbaric and filthy. He called for wide-ranging reforms
including the installation of paid staff, outside inspection, a proper diet and other necessities for prisoners.
 Jeremy Bentham, and other penal reformers of the time, believed that the prisoner should suffer a severe regime, but that it
should not be detrimental to the prisoner's health. Penal reformers also ensured the separation of men and women and that
sanitation was improved.
 In 1791 Bentham designed the 'panopticon'. This prison design allowed a centrally placed observer to survey all the inmates,
as prison wings radiated out from this central position. Bentham’s panopticon became the model for prison building for the
next half century.
 In 1799 the Penitentiary Act specified that gaols should be built for one inmate per cell and operate on a silent system with
continuous labour.
19th Century
 The first half of the 19th century represented a watershed in the history of state punishment.
 Capital punishment was now regarded as an inappropriate sanction for many crimes.
 The shaming sanctions, like the stocks, were regarded as outdated.
 By mid-century, imprisonment had replaced capital punishment for most serious offences - except for that of murder.
 Ideas relating to penal reform were becoming increasingly popular thanks to the work of a few energetic reformers.
 Many of these ideas were related to the rehabilitation of offenders. Religious groups like the Quakers and the Evangelicals
were highly influential in promoting ideas of reform through personal redemption.
 The 19th century saw the birth of the state prison. The first national penitentiary was completed at Millbank in London, in
1816. It held 860 prisoners, kept in separate cells, although association with other prisoners was allowed during the day.
Work in prison was mainly centred around simple tasks such as picking 'coir' (tarred rope) and weaving.
 In 1842 Pentonville prison was built using the panopticon design; this prison is still used today.Pentonville was originally
designed to hold 520 prisoners, each held in a cell measuring 13 feet long, 7 feet wide and 9 feet high. Pentonville operated
the separate system, which was basically solitary confinement.
 In the next 6 years, 54 new prisons were built using this template.
 In 1877 prisons were brought under the control of the Prison Commission.
 For the first time even local prisons were controlled centrally. At this time prison was seen primarily as a means to deter
offending and reoffending. This was a movement away from the reforming ideals of the past.
 The Prison Act 1898reasserted reformation as the main role of prison regimes. This Act can be seen to set the penal-welfare
context which underlies today’s prison policy. It led to a dilution of the separate system, the abolition of hard labour, and
established the idea that prison labour should be productive, not least for the prisoners, who should be able to earn their
livelihood on release.
20th Century
 The development of the prison system continues. At the end of the 19th century there was recognition that young people
should have separate prison establishments - thus the borstal system was introduced in the Prevention of Crime Act 1908.
 Borstal training involved a regime based on hard physical work, technical and educational instruction and a strong moral
atmosphere. A young person in borstal would work through a series of grades, based on privileges, until release.
 In 1933, the first open prison was built at New Hall Camp near Wakefield. The theory behind the open prison is summed up
in the words of one penal reformer, Sir Alex Paterson: "You cannot train a man for freedom under conditions of captivity".
 The Criminal Justice Act 1948abolished penal servitude, hard labour and flogging. It also presented a comprehensive
system for the punishment and treatment of offenders. Prison was still at the centre of the system, but the institutions took
many different forms including remand centres, detention centres and borstal institutions.
 In April 1993 the Prison Service became an Agency of government. This new status allows for greater autonomy in
operational matters, while the government retains overall policy direction.
 The 1990s have also seen the introduction of prisons which are designed, financed, built and run by private companies.
Supporters of privatisation argue that it will lead to cheaper, more innovative prisons, while organisations like the Howard
League argue that private prisons are flawed both in principle and in practice.
Penitentiary Act of 1779
 A British Act of Parliament passed in 1779 which introduced state prisons for the first time.
 The Act was drafted by the prison reformer John Howard and the jurist William Blackstone and recommended imprisonment
as an alternative sentence to death or transportation.
White Slave Act (1910)
 One of the many laws w/c passed by the US Congress declaring various crimes to be under federal jurisdiction w/c
necessitated the building of more federal prison facilities to accommodate the increasing number of prisoners.
 Moved the House of Representative of the US to centralize the federal prison, thus US Bureau of Prison under the
Department of Justice was created in 1930.
Kangokusoku Prison Rules (1872)
 first law establishing a modern criminal justice administration in Japan.

PERSONS IN THE FIELD OF CORRECTIONS

Manuel Montesimos
 Director of Prisons at Valencia, Spain in 1835. Divided prisoners into companies and appointed prisoners as Petty
Officers in charge;
 allowed reduction of the inmates’ sentence by one third (1/3) for good behavior; offered training to prepare the
convicts for return to society.
Domets
 from France who established an agri-cultural colony for delinquent boys in 1839, providing house fathers as in-
charge of these boys.
 He concentrated on re-education. Upon their discharge, the boys were placed under the supervision of a patron.

Alexander Maconochie – an English Royal Army who introduced a progressive humane system to substitute for corporal
punishment, known as the “Mark System”.( the prisoner was required to earn a number of marks based on proper deportment,
labor and study in order to entitle him to a ticket of leave or conditional release which are similar to parole. It is consisted of
five (5) stages:
 Strict custody upon admission to the penal colony;
 Work on government gangs;
 Limited freedom on the island within a prescribed area;
 Ticket of leave; and
 Full restoration of liberty.
Sir Walter Crofton
 Director of the Irish Prisons in 1854 who introduced the Irish System which was later on called the Progressive Stage
System.
 The Irish System was actually a modification of Maconochie’s work system;
 Remedied and perfected the failure and drawbacks of the Mark System
Zebulon R. Brockway
 he was the first Superintendent of Elmira Reformatory in New York in 1876 who introduced a new institutional
program for boys, 16 to 30 years of age;
 Compulsorily developed parole which soon spread to other states in the USA

Sir Evelyn Ruggies Brise


 Director of English Prisons who opened the Borstal Institution in 1897;
 Considered the best reform institution for young offenders;
 The system was based entirely on the individualized treatment.

John Howard
 Known as the “Father of Penitentiary/Penology”;
 A Sheriff from Bedfordshire, England who exercised the traditional but neglected responsibility of visiting the local
prisons/institutions;
 a grim and conscientious English Puritan who crusaded for a better and humane treatment of prisoners, even risked
his life in entering the terrible airless, gloomy goals and dungeons
 Many of his landmark recommendations were incorporated into the Penitentiary Act of 1779 and adopted as standard
procedure in the first modern prison;
 Wrote a book entitled “State of Prison” w/c was published in 1777.The book detailed the horrors of existing penal
institutions.

Father Cook (1870)


identified youthful offenders who were being tried in court and after finding that the offender is was not a hard core
criminal and can still be reformed, he presented himself as an adviser of the offend.
Edward N Savage(1887)
Chief of Police in Boston who was appointed as the first government Probation Officer after the first Probation Law in
Massachusetts was passed in 1878.
James V Bennett
The Director of Federal Bureau of Prisons, who wrote about the closing of Alcatraz Prison.
Fred T Wilkinson
the last warden of Alcatraz Prison
Jean Jacques Villain
One who pioneered the classification to separate women /children from hardened criminals.
Dr Samuel Gridley Howe
from Boston who first use the word “parole” in his letter to the Prison Association in New York in 1869;
Captain Arthur Philip
established the first penal colony in Australia
Matthew Davenport Hill
Father of Probation in England
John Augustus
Father of Probation in America
Gov Alexander H Rice
Signed the first Probation Law in America
Samuel June Barrows
Campaigned for a Probation Law after his appointment as Secretary of the Prison Association of New York

THE TWO (2) LASTING CONTRIBUTIONS OF REFORMATORY PERIOD TO AMERICAN PENOLOGY (1870-1900), were:
(1) The introduction of the indeterminate sentence and parole;
(2) The establishment of a positive reform program through education.

HISTORICAL BACKGROUND IN LOCAL SETTING


 Governance and Criminal Justice in this country could be claimed to have started simultaneously with the arrival of
the ten (10) datus and their barangays in this archipelago thousands of years ago.
 Prior to the coming of the Spaniards, available evidences pointed to the existence in this country of a penal system
although its jurisdiction is only tribal and localized.
Some of these legal and penal systems are the codes of DatuSumakwel (Maragtas Code)
Kalantiaw,Sikatuna, and still many others that left scant traces in our history books.
These early codes are likewise very simple, easily understandable and therefore, subjects of those days find
it easy to comprehend and follow.
Maragtas Code
 written by Datu Sumakwel of Panay in 1250, w/c is also known as the Code of DatuSumakwel;
 oldest known written body of laws in the Philippines;
 It was the first law ever written that focuses on the penalty for those who are lazy in the Philippines.
Kalantiaw Code
 was the governing law in the Island , what is now Panay, particularly what is now the province of Aklan, has been the
governing law and is based on beliefs , customs and practice of those days;
 promulgated in 1433 by DatuBendaraKalantiaw and is considered the second oldest legal code in the Philippines;
 this reflects the level of uprightness and morality of the people;
 it contained 18 articles.

18 Articles of Kalantiaw Code:


Article I - You shall not kill, neither shall ye steal nor shall ye hurt the aged, lest ye incur the danger of death. All those who this
order shall infringe shall be tied to a stone and drowned in a river or in boiling water.
Article II - You shall punctually meet your debt with your headman. He who fulfils not, for the first time shall be lashed a
hundredfold, and If the obligation is great, his hand shall be dipped threefold in boiling water. On conviction, he shall be
flogged to death.
Article III - Obey you: no one shall have wives that are too young, nor shall they be more than what he can take care of, nor
spend much luxury. He who fulfils not, obeys not, shall be condemned to swim three hours and, for the second time, shall be
scourged with spines to death.
Article IV - Observe and obey you: Let not the peace of the graves be disturbed; due respect must be accorded them on
passing by caves and trees where they are. He who observes not shall die by bites of ants or shall be flogged with spines till
death.
Article V - Obey you: Exchange in food must be carried out faithfully. He who complies not shall be lashed for an hour. He who
repeats the act shall, for a day be exposed to the ants.
Article VI - You shall revere respectable places, trees of known value, and other sites. He shall pay a month's work, in gold or
money, whoever fails to do this; and if twice committed, he shall be declared a slave.
Article VII - They shall die who kill trees of venerable aspect; who at night shoot with arrows the aged men and the women; he
who enters the house of the headman without permission; he who kills a fish or shark or striped crocodile.
Article VIII - They shall be slaves for a given time who steal away the women of the headmen; he who possesses dogs that
bite the headmen; he who burns another man's sown field.
Article IX - They shall be slaves for a given time, who sing in their night errands, kill manual birds, tear documents belonging to
the headmen; who are evil-minded liars; who play with the dead.
Article X - It shall be the obligation of every mother to show her daughter secretly the things that are lascivious, and prepare
them for womanhood; men shall not be cruel to their wives, nor should they punish them when they catch them in the act of
adultery. He who disobeys shall be torn to pieces and thrown to the caymans (island of crocodiles).
Article XI - They shall be burned, who by force or cunning have mocked at and eluded punishment, or who have killed two
young boys, or shall try to steal the women of the old men (agurangs).
Article XII - They shall be drowned, all slaves who assault their superiors or their lords and masters; all those who abuse their
luxury; those who kill their anitos by breaking them or throwing them away.
Article XIII - They shall be exposed to the ants for half a day, who kill a black cat during the new moon or steal things
belonging to the headmen.
Article XIV - They shall be slaves for life, who having beautiful daughters shall deny them to the sons of the headman, or shall
hide them in bad faith.
Article XV - Concerning their beliefs and superstitions: they shall be scourged (whipped/lashed), who eat bad meat of
respected insects or herbs that are supposed to be good; who hurt or kill the young manual bird and the white monkey.
Article XVI - Their fingers shall be cut off, who break wooden or clay idols in their olangangs and places of oblation; he who
breaks Tagalan's (knife edge) daggers for hog killing, or breaks drinking vases.
Article XVII - They shall be killed, who profane (treat with abuse) places where sacred objects of their diwatas or headmen are
buried. He who gives way to the call of nature at such places shall be burned.
Article XVIII - Those who do not cause these rules to be observed, if they are headmen, shall be stoned and crushed to death,
and if they are old men, shall be placed in rivers to be eaten by sharks and crocodiles.

Sipat
a primitive law of those Tribes from Cordillera and Northern Luzon and is still existing in their area
Bodong
is a kind of court that settles tribal disputes and individual people’s conflict in Cordillera Province.
Corrections in the Philippines started during pre-colonial times when the task was dependent in the community. It
was during the Spanish regime that an organized corrective service was made operational.

PRESENT PHILIPPINE CORRECTIONAL SYSTEM

The Philippine Corrections System is composed of the institutions in the government involved in the confinement, correction
and restoration of persons charged for and/or convicted of delinquent acts or crimes. All prisons or penitentiaries, jails and detention
centers are under the direct control and supervision of the government.
In the Philippines, the correctional system is fragmented. Institutions for the confinement of convicts and the detention of those
awaiting trial include a variety of national prisons and penal farms as well as numerous small local jails and lockups.

CORRECTIONS FORMS PART OF OVERALL CRIMINAL JUSTICE SYSTEM

II. 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 justice such as: the Law Enforcement Pillar (Police), the Prosecution Pillar, the Court Pillar, the Correction
Pillar, and the Community Pillar.
Correction as one of the pillars of Criminal Justice System is considered as the weakest pillar. This is because of its failure to
deter individuals in committing crimes as well as the reformation of inmates. This is evident in the increasing number of inmates in jails
or prisons. Hence, the need of prison management is necessary to rehabilitate inmates and transform them to become law-abiding
citizens after their release.
Correction is the fourth pillar of the criminal justice system. This pillar takes over once the accused, after having been found
guilty, is meted out the penalty for the crime he committed. He can apply for probation or he could be turned over to a non-institutional
or institutional agency or facility
for custodial treatment and rehabilitation. The offender could avail of the benefits of parole or executive clemency once he has served
the minimum period of his sentence.
When the penalty is imprisonment, the sentence is carried out either in the municipal, provincial or national penitentiary
depending on the length of the sentence meted out.
3 Major Government Functionaries involved in the Philippine Correctional System
Department of Justice (DOJ)
Bureau of Corrections (Prison, Penal Farms, CIW)
PPA (Parole & Probation Administration)
Department of the Interior and Local Government (DILG)
Provincial Government (Provincial Jails)
BJMP (District, City & Municipal Jails)
Department of Social Welfare and Development (DSWD)
Under this is the Juvenile and Justice Welfare Council which oversees the rehabilitation of young offenders
Centers and Detention Homes for Children in Conflict with the Law (CICL)
Different Correctional Institution in the Philippines:
Jails - under the DILG, BJMP and Provincial Governments;
Prisons – Under the Department of Justice;
Correctional Institutions for Women – Under the DOJ;
Correctional Institution for Children in Conflict with the Law (CICL) – under the DSWD

THE CONCEPT OF PUNISHMENT AND THE PURPOSES, JUSTIFICATIONS AND LIMITS OF APPLICATION

Theory of Punishment:
“Punishment is a means of restoring the balance between pleasure and pain”. (Book entitled “Nicomachian Ethics” by
Aristotle.)
Conditions of Penalty/Punishment
 Must be productive suffering, w/o however affecting the integrity of the human personality.
 Must be commensurate with the offense of different penalties.
 Must be personal, no one should be punished for the crime of others.
 Must be legal, it is the consequence of a judgment according to law.
 Must be certain, no one may escape its effect.
 Must be equal for all.
 Must be correctional.
Justifications of Punishment/Penalties
1. Retribution – the punishment should be provided by the state whose sanction is violated, or offender should be punished
because they deserve it ( Personal vengeance – the most ancient justification of punishment);
2. Expiation or Atonement – punishment in the form of group vengeance where the purpose is to appease the offended public
or group;
3. Deterrence – punishment gives lesson to the offender by showing to others what would happen to them if they violated the
law;
4. Cesare Becarria– the exponent of Classical Theory contended “Punishment is to prevent others in committing the crime”.
5. Incapacitation and Protection - the public will be protected if the offender has being held in conditions where he cannot harm
others especially the public by placing him in prison;
6. Reformation or Rehabilitation – it is the establishment of the usefulness and the responsibility of the offender to renew him
as a law-abiding citizen and productive member of the society upon his release;
7. Prevention – the state must punish the criminal to prevent or suppress the danger to the state arising from the criminal acts
of the offender;
8. Self-defence – the state has the right to punish the criminal as a measure of self-defence so as to protect society from the
threat and wrong action inflicted by the criminal;
9. Justice – crime must be punished by the state as an act of retributive justice , a vindication of absolute right and moral law
violated by the criminal.
Trends of Punishment
A. Developments of Exemptions – derived from the positivist theorythat not all violators of a moral law is a criminal since there
are some sort of exemptions, like the mentally deranged & children;
B. Pardon & Commutation – examples of changes from corporal punishments to rehabilitative approach;
C. Decline in the Severity of Punishment – move of the state to lighten the punishment based on the theory that punishment
can’t restore the damage;
D. Growth of Modifications of Imprisonment – rise of penological thoughts give way to the modifications of punishment from
barbaric to civilized treatment of criminals
E. Good Conduct Time Allowance ( GCTA) – sets of examples of giving reward to criminals who are interested to change and
are practicing change within themselves;
F. Indeterminate Sentence – prescribed sentence according to the gravity of the crime & the circumstances surrounding the
crime committed;
G. Suspended Sentence – result of some judicial & statutory prerogatives of the state;
H. Probation – condition given to criminals purposely to lighten the penalty & cause the ultimate reformation;
I. Conditional Pardon or Release – an executive prerogatives upon valid recommendations of the board for the total
reformation of the criminal;
J. Short Sentences – prescribed as sort of disciplining offenders;
K. Fines – sort of payment to the damage done for the breach of law.

FORMS OF PUNISHMENT: ANCIENT TO CONTEMPORARY

Exile or Banishment/ Distierro


 The first penalty ever imposed as reflected in the Bible;
 First, was imposed by God to evil rebels led by Lucifer by throwing them out from heaven.
 Second, when Adam and Eve broke the law of God, they were thrown out from the Garden of Eden.
 Exile means to be away from one's home (i.e. city, state or country), while either being explicitly refused permission
to return and/or being threatened with imprisonment or death upon return. It can be a form of punishment and
solitude.
Transportation
 means the removal of the convict from his country to another, usually, a penal colony, there to remain under some
form of restraint for a prescribed period;
 The systematic transfer of offenders to colonized land in order to populate the new territory;
 Prisoners marched heavily chained together and once they arrived destination, they were subjected to severe
discipline and hard labours, head shaved and subjected to a strict rule of silence.
 Abolished in 1901.
Mark of Cain
 The “Mark of Cain” That God placed on the brow of Cain was a punishment for killing his brother Abel and this made
him a wanderer in the face of death, as well as cursed his children for the crime he committed.
 This could mean a sign, omen, warning or remembrance.
 It is not known what the mark is, but it is assumed that the mark is visible. Some have speculated that the mark is a
Hebrew letter placed on either the face or the arm. The Septuagint translates the mark as a "sign". Thus, it is
speculated that the mark served as a sign to others to not commit the same offense.

Great Flood and Destructive Fire


 When God punished groups of people for gross violating God’s Law. These were the great flood which covered the
Biblical World, wherein it rained for forty (40) days and nights, and only Noah, his family as well as the animals that
were in the Ark survived.
 The other one was the destruction thru raining of fire and brimstones at Sodom and Gomorrah.
Physical Torture
- Is the practice or act of deliberately inflicting severe physical pain and possibly injury on a person.
Can vary greatly in duration from only a few minutes to several days or even longer.
Mutilation (also known as maiming)
- is an act of physical injury that degrades the appearance or function of any living body, sometimes causing death.
It involves the loss of, or incapacity to use, a bodily member, is and has been practised by many societies with various cultural
and religious significance, and is also a customary form of physical punishment, especially applied on the principle of an eye
for an eye.
Branding/Human Branding/Stigmatizing
 is the process in which a mark, usually a symbol or ornamental pattern, is burned into the skin of a living person, with
the intention that the resulting scar makes it permanent.
 This is performed using a hot or very cold branding iron. It therefore uses the physical techniques of livestock
branding on a human, either with consent as a form of body modification; or under coercion, as a punishment or
imposing masterly rights over an enslaved or otherwise oppressed person.
 It may also be practiced as a "rite of passage" such as within a tribe, or to signify membership in an organization
such as a college fraternity or sorority.
Flaying
Also known colloquially as skinning, is the removal of skin from the body.
Torture at the Tower of London
- originally built as a fortress for defence of the city and a famous symbol for such a cruel punishment to include the
following :

The Rack
 Other sources called it “the brake”. Although many variations of the rack have been used throughout the centuries,
the basic principle has always been the same - to stretch the victim's body;
 The rack, due to its regional variations in design, was known as the chevalet (little horse) in France, the escalera
(ladder) in Spain, and the folter (frame) in Germany.
 Nicknamed “The Duke of Exeter's Daughter”

Scavenger’s Daughter or Skeffington’s Irons


 It was conceived as the perfect complement to the Duke of Exeter's Daughter (the rack) because it worked the
opposite principle to the rack by compressing the body rather than stretching it;
 An A-frame metal rack where the victim's head was strapped to the top point of the A, and the body was strapped
in a fetal position with the legs facing downward. Two heavy metal bars were used to compress the victim to a
point where blood is gushing out from every orifice like the eyes, nose, ears, and mouth;
 A torture device used in the reign of King Henry VIII;
 Invented by Sir Leonard Skeffington, son of the executioner Sir William Skeffington, who got the nickname
"scavenger" due to the many tortures he had done to the criminals of England.
Manacles
Are iron handcuffs fastened around a victim's wrists from which he would be hung with his feet off the floor;
In 1941, Josef Jakobs is the last person executed in the Tower of London.
Crucifixion
 Is a method of deliberately slow and painful execution in which the condemned person is tied or nailed to a large
wooden cross and left to hang until dead.
 It is principally known from antiquity, but remains in occasional use in some countries.
Beheading
 typically refers to the act of intentional decapitation (the separation of the head from the body), e.g., as a means of
murder or execution;
 it may be accomplished, for example, with an axe, sword, knife, wire, or by other more sophisticated means such as
a guillotine.
 An executioner carrying out decapitations is called a headsman.

Hanging
 Is the suspension of a person by a ligature.It states that hanging in this sense is "specifically to put to death by
suspension by the neck";
 Ruth Ellis is the last woman hanged in Britain.
Ligature Strangulation
(also known as "garroting")
 refers to strangling with some form of cord such as rope, wire, or shoe laces, either partially or fully circumferencing
the neck.
 it is usually distinguished from hanging by the strangling force being something other than the person's own
bodyweight.
Impalement
 is the penetration of an organism by an object such as a stake, pole, spear or hook, by complete (or partial) perforation
of the central body mass.
 Impalement typically involves the body of a person being pierced through by a long stake, but sharp hooks, either fully
penetrating the body, or becoming embedded in it, have also been used.
Drowning
Is the process of experiencing respiratory impairment from submersion/immersion in liquid.
Burning
Deliberately causing death through the effects of combustion has a long history as a form of capital punishment.
Many societies have employed it as an execution method for crimes such as treason, heresy, and witchcraft.
Death by Boiling
 is a method of execution in which a person is killed by being immersed in a boiling liquid such as water or oil.
 Executions of this type were often carried out using a large vessel such as sealed kettle that was filled with a liquid
such as water, oil, tar, or tallow.
Condemnation to Beasts (Latin: Damnatio ad bestias)
 a form of capital punishment in which the condemned were maimed on the circus arena or thrown to a cage with
animals, usually lions.
 It was brought to ancient Rome around the 2nd century BC from Asia, where a similar penalty existed from at least the
6th century BC. In Rome, it was used as entertainment and was part of the inaugural games of the Flavian
Amphitheatre.
 In the 1st–3rd centuries AD, this penalty was mainly applied to the worst criminals and early Christians (Latin:
christianos ad leones, "Christians to the lions").
 It was abolished in 681 AD.
Iron Maiden, or Eiserne Jungfrau
 was used as a medieval torture device in Germany. It consists of a large, roughly human shaped cabinet with viciously
sharp internal spikes.
 The victim would be placed inside, and the doors slowly closed, so that the spikes impaled him or her, leading to
intense discomfort;hollow form shaped like a human made of an iron braced with iron strips;If fully closed in the iron
maiden long enough, the victim probably would have bled to death, assuming that the spikes did not pierce a lung or
another vital organ.
Scaphism (or “BOATS” or “MILK and HONEY”)
 An ancient Persian method of execution designed to inflict torturous death. The name comes from the Greek word
“skaphe”, meaning "anything scooped (or hollowed) out".
 The intended victim was stripped naked and then firmly fastened within the interior spaces of two narrow rowing
boats (or hollowed-out tree trunks) joined together one on top of the other with the head, hands and feet protruding.
 The condemned was forced to ingest milk and honey to the point of developing a severe bowel movement and
diarrhoea, and more honey would be rubbed on his body to attract insects to the exposed appendages. He would
then be left to float on a stagnant pond or be exposed to the sun. The defenceless individual's faeces accumulated
within the container, attracting more insects, which would eat and breed within his exposed flesh.
 The feeding would be repeated each day in some cases to prolong the torture, so that dehydration or starvation did
not kill him. Death, when it eventually occurred, was probably due to a combination of dehydration, starvation and
septic shock.
Mithridates, a Persian General was decreed by the King to death in this way for which he suffered for 17 days.
Flagellation or Flogging
 is the act of methodically beating or whipping (Latin: flagellum, "whip") the human body.
 Specialized implements for it include rods, switches, the cat o' nine tails (cat)- a multi tailed whip.
 Typically, flogging is imposed on an unwilling subject as a punishment; however, it can also be submitted to willingly,
or performed on oneself, in religious context.
Birching
 is a corporal punishment with a birch rod, typically applied to the recipient's bare buttocks, although occasionally to
the back and/or shoulders.
 A birch rod (often shortened to "birch") is a bundle of leafless twigs bound together to form an implement for
administering corporal punishment.
Caning
 is a form of corporal punishment consisting of a number of hits (known as "strokes" or "cuts") with a single cane
usually made of rattan, generally applied to the offender's bare or clothed buttocks (spanking) or hand(s) (on the
palm).
 Caning can also be applied to the soles of the feet (foot whipping).

Breaking on the Wheel


offender’s body is fastened by metal bands to a board made of wood and then had their bones broken;
Cangue
 This was a Chinese punishment.
 It was a wooden board locked around the prisoner’s neck. He could not reach his mouth with his arms and so could
not feed himself or drink without help.
Crank
 The crank was a handle that convicts had to turn again and again.
 Normally the prisoner had to turn the handle thousands of times before he could eat. It was hard and very
monotonous work.
 The crank was abolished in British prisons in 1898.

Ducking Stool
 A seat on a long wooden arm;
 Convicted was tied to the seat then ducked into the local pond or river;
 In a later variation of the ducking stool in early 19th had their heads ducked in a container of water.

Horse
 This was an old military punishment;
 The prisoner was made to sit on a wooden 'horse' with his legs either side and his arms tied behind his back;
 Weights were tied to his legs.

Jougs
 This was an old Scottish punishment;
 A metal collar, which was secured to a wall with a chain, was fastened around the criminals neck.

Picket Or Piquet
 This was a military punishment common in the 17th century.
 The prisoner was hung by his wrist and one foot was placed on a pointed but not actually sharp wooden stake. Soon
his wrist would become very tired and the temptation was to support his weight on the pointed stake, which was very
painful.
The picket died out in the 18th century because it made it difficult for the soldier to march afterwards.
Picking Oakum
 Ships ropes covered in tar were called oakum. In the 19th century the rope was pulled apart by hand and recycled;
 Oakum was picked by convicts and people in workhouses. It may not sound hard work but it made fingers bleed and
blister;
 Convicts and workhouse inmates were made to pick oakum because it was such unpleasant work.
Pillory and Stocks
 The pillory was a wooden frame on a pole with holes through which a person's head and hands were placed.
 The frame was then locked and the person was subjected to humiliation and ridicule;
 Sometimes people also threw unpleasant objects at the person in the pillory;
 The stock was a wooden frame with holes through which a person's feet were placed and they were humiliated in the
same way;
 Use of the pillory and stocks went out of favour in the 19th century. The pillory was abolished in Britain in 1837 and
the stock was abolished in 1872.
Poison
 Taken orally poison has rarely been used as a method of execution.
 Nevertheless the great Greek philosopher Socrates was forced to commit suicide by drinking hemlock.
Pressing
 In England if a person refused to plead guilty or not guilty to a crime they were pressed.
 A wooden board was placed on their body and stone or iron weights were added until the person agreed to plead - or
died.

CONTEMPORARY FORMS OF PUNISHMENT

(Life) Imprisonment
 Also known as a life sentence, lifelong incarceration or life incarceration
 Any sentence of imprisonment for a serious crime under which the convicted person is to remain in jail for the rest of
his or her life or until paroled.
Lethal Injection
 The practice of injecting a person with a fatal dose of drugs (typically a barbiturate, paralytic, and potassium solution)
for the express purpose of causing the immediate death of the subject.
 It kills the person by first putting the person to sleep, and then stopping the breathing and heart, respectively.
Gas Chamber
 is an apparatus for killing using gas, consisting of a sealed chamber into which a poisonous or asphyxiant gas is
introduced.
 The most commonly used poisonous agent is hydrogen cyanide; carbon dioxide and carbon monoxide have also
been used.
 The gas chamber was first used in the USA in 1924.
 The condemned person is strapped to a chair in a sealed room, which is then filled with cyanide gas. After their death
powerful fans remove the gas
Electrocution
 Death caused by electric shock, either accidental or deliberate.
 The word is derived from "electro" and "execution", but it is also used for accidental death. The term "electrocution,"
coined about the time of the first use of the electric chair in 1890, originally referred only to electrical execution and
not to accidental or suicidal electrical deaths.
 However, since no English word was available for non-judicial deaths due to electric shock, the word "electrocution"
eventually took over as a description of all circumstances of electrical death from the new commercial electricity.
 Electrocution was first used at the Auburn State Prison in the New York State on August 6, 1890.
Electric Chair
 In the late 19th century it occurred to people that electricity could be used to kill.
 It was first used in the USA in 1890 when a man named William Kemmler was executed.
 The first woman executed in the electric chair was Martha Place in 1899.

Asphyxia or asphyxiation("without heartbeat")


Is a condition of severely deficient supply of oxygen to the body that arises from being unable to breathe normally. An
example of asphyxia is choking. This can cause coma or death.
Execution by shooting
 Is a form of capital punishment whereby an executed person is shot by one or more firearms.
 It is the most common method of execution worldwide, used in about 70 countries, with execution by firing squad
being one particular form.

THE PENALTY IN THE MODERN PERIOD OF CORRECTION

Juridical Conditions of Penalty


Punishment must be:
1. Productive of suffering – without however affecting the integrity of the human personality.
2. Commensurate with the offense – different crimes must be punished with different penalties
(Art. 25, RPC).
3. Personal – the guilty one must be the one to be punished, no proxy.
4. Legal – the consequence must be in accordance with the law.
5. Equal – equal for all persons.
6. Certain – no one must escape its effects.
7. Correctional – changes the attitude of offenders and become law-abiding citizens.
Duration of Penalties
 Death Penalty – Capital punishment
 Reclusion Perpetua – life imprisonment, a term of 20-40 yrs imprisonment
 Reclusion Temporal – 12 yrs and 1 day to 20 years imprisonment
 Prision Mayor – 6 yrs and 1 day to 12 years
 Prision Correctional – 6 months and 1 day to 6 years
 Arresto Mayor – 1 month and 1 day to 6 months
 Arresto Menor – 1 day to 30 days

CODIFICATION OF EARLY LAWS ON PUNISHMENT


Law Of Vendetta
 Retribution, personal vengeance or revenge. This was the ancient justification of punishment. Hence, a family whose
member was murdered by a member of another family entitled a member of the aggrieved family to kill the killer of
their relative.
 This resulted to endless killing, which destroys the two warring families, clan or tribe. Today, war between the
terrorists and Muslim-Arab countries against the United States and its allies can be cited as display of vendetta in
civilized world.
Hammurabic Code (1750 BC)
 In Babylonia, named after King Hammurabi enacted as the first formal laws and credited as the oldest code that
deals with the imposition of justice.
 The core principle is known as “lextaliones”(mean an eye for eye and tooth for a tooth).It is a two-tiered concept of
justice because of its inequality in the imposition of punishment. Imposes a stiffer penalty against those who are
powerful and rich than those belongs to the lower rungs of the society. In India (Manama Darma), in Egypt (Hermes
Trismegitus), in the Bible(Mosaic Code).

King –Ur Nammu Code (2100 BC)


 In the City of UR, Ancient Sumeria, decreed the imposition of restitution and at the same time savage penalties.
 Offenders can be punished and at the same time to reimburse the victim for the value of whatever has been taken or
suffered by him as a result of a crime;
 Retribution degraded the offender and restitution elevated the status of the offender;
 This code does not carry the death penalty because in case of death/physical injuries to the victim, punishment has
to be confined only to the financial consequence of the crime.
Mosaic Code
 Allows the offender and the victim to come to a settlement under mediation of the legal authorities;
 Allowed extreme punishment such as flogging and burning alive;
Greek Code of Draco
 Provides the same punishment for both Greek citizens and the slave;
 First to allow any citizen to prosecute the offender in the name of the injured party;
Twelve Tables / XII Tabulae (450 BC)
 Represented the earliest codification of the Roman Law w/c was later incorporated in the Justininian Code;
 Foundation of all private and public laws of the Romans;
 Collection of legal principles engraved on metal tablets and set-up on the forum.
Justinian Code (529 AD)
 IN Roman Empire , Emperor Justin enforced this and became the standard law in all areas occupied by the Roman
Empire particularly in Europe;
 Upgraded version of Twelve Tables of Roman;
 This code did not survive due to the fall of the Roman Empire but left a foundation to Western Legal Codes.
Burgundian Code
 Another criminal code that existed during the Justininian period;
 Specified punishment according to social class of the offenders such as nobles, middle class, and lower class;
 Specified the value of the life of each person according to social status.
The Secular Laws (4 AD)
 Advocated by Christian Philosophers who recognized the need for justice;
 Proposed by St Augustine and St Thomas Aquinas;
 Law which is free from any religious influence whatsoever.
Papal Declaration On Sanctuary (1487 AD)
 Decreed that refugee offenders be driven out of the sanctuary if they use this for committing crime;
 Sanctuaries are maintained by the church for the offenders who would seek refuge when they are accused of crimes;
 Criminal could avoid punishment by claiming refugee in a church for forty (40) days and after which, he was
compelled to leave.
Papal Declaration On Death Penalty
 Pope Leo 1 was the 1st Pope to fully express approval for the killing;
 Priscillian was the 1st recorded Christian who was put to death for being heretic;
 Death as capital punishment ( guillotine) was first used in Orleans, France in 1022 AD when thirteen (13) heretics
were burned at the instigation of the church;
 Pope John Paul II, the Pope who formally apologized to the past intolerance and use of violence in the defense of
truth and to break away from the culture of death.
King Henry The VIII Decree (1531)
 In England, he decreed punishments for vagrant and penal slavery to defend the interest of the landlord, where the
nobility gets their privileged status in society;
 Time where there was an exodus of people flocking to the cities from rural areas.
Pope Gregory IX
 Thru his Papal Encyclical “Encommunicamus” issued in 1231 that made part of the Canon Law the burning of non-
believers;
 Also initiated the Inquisition that led to the burning of hundreds of heretics.
Pope Innocent IV
 Officially introduced torture to the inquisition procedure in 1252.
Penal Code Of Russia (1845)
 Punishes offenders to hard labor of four (4) years to life;
 Fortunate prisoners sentenced to hard labor were destined to the factories or constructions of fortresses.
 Sentences to labor in the mines were the unluckiest.

THE ADMINISTRATIVE ORGANIZATION AND MANAGEMENT OF INSTITUTIONAL CORRECTIONS

HISTORY OF PRISONS AND JAILS IN THE PHILIPPINES


Jail is a building or place for the confinement of arrested or sentenced persons. It is usually made up of cells, which are small
rooms or enclosures where prisoners are actually kept or confined.

Types of Jails
1. Lock- up Cells - is a security facility for the temporary detention of persons held for investigation (e.g. suspects, violators of
city ordinance)
2. City Jails, Provincial and Municipal Jail - house both offenders awaiting for court actions, those serving short sentences
usually up to three years only, and juveniles offenders pending for transfer to social service agency (Macasiano. 1999).

Provincial and Sub-Provincial Jail


 The provincial jail system was first established in 1910 under the American regime. Each of the seventy-six (76) provinces
has a provincial jail which is under the supervision and control of its respective provincial government and headed by a
provincial Jail Warden;
 To solve the problems of congestion in provincial jail, 21 provincial governments have constructed their respective sub-
provincial jails to house prisoners whose prison terms range from six (6) months and one (1) to three and other court
detainees;
 Under the Local Government Code, the Provincial Jails were placed under the effective jurisdiction of the Department of the
Interior and Local Government.

Courts & Other Entities Authorized to Commit a Person to Jail


1. Supreme Court;
2. Court of Appeals;
3. Regional Trial Courts;
4. Metropolitan/Municipal Trial Court;
5. Municipal Circuit Trial Court;
6. Board of Transportation;
7. Deportation Board ( BID);
8. Commission on Elections (COMELEC);
9. National Prosecution Office;
10. Police Authorities; and
All other administrative confine slaves where they were attached to work benches and forced to do hard labor in the period of
their imprisonment.
11. Offices authorized by law to arrest and commit a person to jail

EVOLUTION AND DEVELOPMENT OF JAILS AND PRISONS

(Underground) Cisterns
 A form of prison used to detain offenders undergoing trial in some cases and to hold sentences offenders where they were to
be starved to death.
 Usually pear shaped, and 15 to 20 feet deep, and the actual opening was only a 2 to 3 feet. There was usually a stone cover
& could be found underground.
Ergastulum
 Roman prison that was used t
Gaols
 Other word for “jails” in early days.
 They were poorly constructed, unsanitary, damp, drafty or airless, gloomy dungeons, foul smelling places of detention in
England in early eighteenth century.
 In this place, the inmates are poorly clothed, without privacy, and the conditions so deplorable that diseases thrive.
Hulks
 Were old sailing ships that are no longer used for sea voyages or naval operations, but are anchored in some English port,
where they were used as prison or places of confinement of convicted criminals.
The Panopticon
 A building plan made by Jeremy Bentham, a noted English Exponent of the classical school of criminology which called for a
tank-like structure, covered by a glass roof.
 The cells were arranged around a central apartment from which the custodians could keep all cells under close supervision.
 This was never built, in spite of a contract with the English authorities for its construction at the state’s expense.
St. Bridget’S Well
 Also called as Bridewell,
 First house of correction in England about the year 1552 to 1557.
 This was intended for locking up, employing and whipping beggars, prostitutes and night walkers of all sorts.
Maine State Prison
 Underground facilities to incarcerate offenders contained in cells in the pits similar to the underground cistern of long ago
Rome that were used do detain offenders.
 These pits were entered thru an iron gate in the ceiling during late 1828.
Connecticut State Prison
 A copper mine at Simsbury from 1773-1827 used as prison facilities wherein prisoners worked in the mines during the day
while their ankles and necks where shackled during night time to prevent escape.
Sing-Sing Prisons
 became famous, rather infamous all over the world and was plot of many movies filmed because of the Sing-sing bath w/c
was inflicted aside from the floggings, denial of reading materials and solitary confinement.
Sing-sing bath – forced shower bath that was constructed as to drop a volume of water on the head of a locked naked offender.
 The force of the icy cold water hitting the head of the offenders caused so much pain and extreme shock that prisoners
immediately sank into coma due to the shock and hypothermia or sudden drop of the body temperature).
Sachsenhausen Prison
 Built in 1939outside the Berlin Proper as Germany’s concentration camps for the dreaded Nazi’s SS elite force.
 Its notoriety became famous when it was transformed into gas chambers.
Auschwitz Prison
 Built by Germans near Cracow Poland, it was popularly known as the “Death Camp” headed by Rudolf Hoess.
 More than (2) million innocent victims perished either by torture, mayhem or gas chamber in this famous dreaded
concentration camp.
Toul Sleng Prison
 One of the most notorious prisons in Cambodia that looks-like a mountain-size file of human skull and bones.
Insein Prison
 Situated in Rangoon Burma, now Myanmar.
 It’s pygmy in size compared with other prisons in western countries but it became famous when political dissents were
placed behind bars.
St Michael Prisons
 First established in 1704 during the reign of Pope Clement X1 at the Hospital of St Michael.
 It was a prototype of the reformatories for juvenile offenders.
 This is the seed of the Auburn Prison System of the US.
Mill Bank Penitentiary
 A huge, gloomy and many towered prison, which looked like a thick-spoke wheel, containing three (3) miles of corridors and
hundreds of cells.
 The cost at that time (1812-1821) was nearly Two Million Five Hundred (2,500,000) dollars.
 This was made possible due to the efforts and revelations of the terrible conditions of English goals by crusader John
Howard.
Walnut State Prison (1790)
 Otherwise known as Walnut Street Jails is the first prison facility in the United States which was constructed in Philadelphia.
 It established the principle of solitary confinement and segregation of more dangerous offenders.
 Each inmate lived, worked, and ate in solitary confinement.
 During confinement, prisoners were supposed to think about their offense and become penitent for their sins.
Eastern State Peniteniary
 The innovations introduced at Walnut Street Jail influence prison architecture and correctional philosophy in America.
 For example, Pennsylvania’s Eastern State Penitentiary, built in the early 1800’s was arranged so that inmates would be
completely isolated from each other.
 “Isolation prisons” were eventually abandoned in the United States because they were expensive to build and difficult to
manage.
Auburn State Prison
 This prison was inaugurated in 1819 in auburn, New York, after the conditions at the Newgate Prison in New York, has
become intolerable.
 The Auburn system is characterized by locking the inmates in separate cells at night but worked together in enforced silence
in congregate workshops during the day.
New York House Of Refuge
 The first juvenile reformatory which was opened in January 1825 and located in New York City, Its purpose was to protect
children from degrading association with hardened criminals in the country and state prison.
 Boston, founded, its house of refuge in 1826 and Philadelphia in 1828. New Orleans erected its Municipal Boys’ Reformatory
in 1845 and Massachusetts in 1847.
Elmira Reformatory
 Considered the forerunner of modern penology;
 The first penal institution to remodel its penal philosophy away from punitive and retributive practices and veered towards
reformation and treatment;
 A prison constructed like a typical Auburn System in New York which was opened in 1876;
 This reformatory housed youthful offenders between 16-30 years of age and were first offenders.
The Borstal Institution
 Exclusively for male offenders between 16-21 years old applying an individualized treatment.
Pennsylvania Prison
 solitary confinement of the prisoners in their own cells day and night, where they lived, slept and received religious
instructions and given the work.
 Silence were also enforced or “Sentencedto Solitary Confinement at Hard Labor”
Super Max or Maxi-Maxi Prisons
 considered the highest security-level facilities in the United States w/c is also called “Control Units” which have areas that
have extraordinarily severe restrictions;
 Human contact is minimal and inmates are kept in solitary confinement in small ( typically 6’by 8’) cells for long periods each
day and they eat alone in their cells;
 No opportunities for work or socialization exist and outdoor recreation is permitted only once a week;
 Restraints such as leg irons are used whenever inmates leave their cells.
Boot Camps or Shock incarceration
 Highly regimented, short-term correctional programs resembling some aspects of military basic training w/c serves as an
alternative to long term traditional incarceration;
 Usually target young offenders who resist authority & refuse to listen or learn in traditional classroom or treatment
environments;
 Offenders are subjected to strict discipline, physical training and hard labor and length of incarceration ranges from 3 to 6
months;
 Was officially established in 1983 at Georgia Department of Corrections.
Ichihara Prison
was established in 1969 in Japan for traffic violators sentenced without forced labor.
Bastille Prisons
 a fortress prison in France, a symbol of royal absolutism before the French revolution in 1370;
 it was intended to augment the cities defense;
 used as prisons were hundred of political prisoners were tortured and executed;
Gulag of Banaue
 anIgorot tribe term that refers to where they refused is dumped . In simple term, a garbage heap, usually found in the
mountain creek or a crevice.
 In crucial times, the gulag was used as a prison. It had wooden fence were criminals were imprisoned.
Gulag of Germany
a prison in Germany that said to be the place where thousands of Jews were slaughtered during the reign of Adolf Hitler.
Gulag of Russia
 Russian acronym for corrective labor camp, a penal institution established in 1918.
 Was given the appellation of insane prison.
Alcatraz Prison (nicknamed the “Rock”)
 The federal prison on Alcatraz Island in the chilly waters of California's San Francisco Bay housed some of America's most
difficult and dangerous felons during its years of operation from 1934 to 1963.
 Among those who served time at the maximum-security facility were the notorious gangster Al "Scarface" Capone (1899-
1947) and murderer Robert "Birdman of Alcatraz" Stroud (1890-1963).
 was a maximum high security federal prison off the coast of San Francisco
 Each cell measures 5 feet by 9 feet and there were 336 cells;
 Inmates were granted 1 visit per month & physical contact was not allowed & they talked via intercom;
 Frank Weatherman, Alcatraz Inmate # 1576 was the last inmate sent to the Rock;
 36 inmates were involved in 14 escape attempts. 23 were caught, 6 were shot & killed during the escape & 2 drowned & 5
inmates have been unaccounted & presumed to have drowned.
The most famous escape was that of Frank Morris & the Anglin Brothers (John & Clarence). All 3 were successful in
swimming off Alcatraz but are believed to have drowned

ROLE OF PRISONS AND JAILS IN TREATING PDL or INMATE (CRIMINAL OFFENDERS)


2 General Categories of Inmates
a. Prisoner- inmate who is convicted by final judgment
b. Detainee – inmate who is undergoing investigation / trial or awaiting final judgment

Mandates of the Bureau Of Corrections And Technical Officers

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.
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 to completely incapacitate inmates from further committing criminal
acts, and have them totally cut-off from their criminal networks (or contacts in the free society) while serving sentence at
BuCor, toultimately 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 valuesformationof inmates which shall be
institutionalized by the Directorate for Moraland 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 andnon-formal education, and skills
development of inmates which shall beinstitutionalized by the Directorate for Education and Training (DET).
Participatingvolunteer teachers, professors, instructors, and trainers shall be regulated and managed by DET.
3. Work and Livelihood Program. This refers to the administration of skillsdevelopment programs on work and livelihood
to achieve self-sufficiency of inmatesin the prison community and for income generation of the agency. This shall
beinstitutionalized by the Directorate for Work and Livelihood (DWL). Volunteerparticipating agencies, Non-
Government Organizations and individuals shall beregulated 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. Behaviour 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 Behaviour 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 behaviour 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.

ORGANIZATIONAL STRUCTURE, POWERS AND FUNCTIONS

Bureau of Jail Management and Penology (BJMP)

Mandate:
BJMP is mandated to direct, supervise and control the administration and operation of all district, city and municipal jails
nationwide with pronged tasks of safekeeping and development of PDL.
Functions
 In line with it's mission, the Jail Bureau endeavors to perform the following functions:
 Formulate policies and guidelines in the administration of all district, city, and municipal jails nationwide;
 Implement strong security measures for the control of PDL;
 Provide for the basic needs of PDL;
 Conduct activities for the development of PDL;
 Improve jail facilities; and,
 Promote the general welfare and development of personnel.
The BJMP was created on January 2, 1991 pursuant to Republic Act (RA) 6975 otherwise known as “DILG Act of 1990,
replacing its forerunner, the Office of Jail Management and Penology of the defunct Philippine Constabulary (PC) / Integrated National
Police (INP).The BJMP has jurisdiction over all DISTRICT/CITY/and MUNICIPAL JAILS. It is a line bureau of the DILG.
Republic Act (RA) 9263 otherwise known as “Bureau of Fire Protection and Bureau of Jail Management and Penology
Professionalization Act of 2004 which was enacted in March 10, 2004 amended certain provisions of RA 6975.

Vision: The BJMP envisions a highly capable agency dedicated to global best practices and standards in jail management.
Mission: The Bureau aims to provide humane safekeeping and development opportunities for persons deprived of liberty as out
contribution to a safe, just, and prosperous Philippines
Core Values:
Makatao (Humane)
Matino (Upright)
Matatag (Resilient)
The BJMP Core Functions:
Classification - Institutionalized evidence-based classification system based on human rights based principles.
Safekeeping - Advanced and secure custody practices and facility management approaches.
Development - Targeted interventions based on the classification of PDL’s specific needs.
Reintegration - Institutionalized whole-of-society approach to community re-integration of former PDL.
The BJMP Objectives:
1. To improve the living conditions of inmates in accordance with the accepted standards set by the United Nations;
2. To enhance the safekeeping and development of inmates in preparation for their eventual reintegration into the society upon
their release;
3. To professionalize jail services.

Twin Mandate of BJMP: Safekeeping and Development of Inmates.


The BJMP Logo: Its Symbolism
The organizational name (BJMP) in bold letters : symbolizes the strong identity of the BJMP
Round Borders: stand for holism
Justice Scale: for the rule of Law
Five Pillars: represent the coordination among the pillars of the Criminal Justice System
Philippine Map: depicts that corrections is a national concern;
Sixteen (16) laurel leaves: stands for 16 regions
Safekeeping & Development: indicate the mandate of the Bureau
Jail Officer: signifies the importance of his presence & professionalism
Inmate in Black & White: symbolizes that the inmate is undergoing Developmental
processes
Bar: speaks of custody, security & control of inmates
Red & Blue Background: for the primary colors of the Philippine Flag
Gray background: depicts the organization’s (BJMP) color
Light to Dark Yellow background: represent the transcending light of Corrections.
Organization and Key Positions:
The BJMP is headed by a Chief, who is assisted by 2 Deputy Chiefs, 1 for Administration and 1 for Operations and 1 Chief of
Directorial Staff, all of whom are appointed by the President upon the recommendation of the DILG Secretary.
The Chief of the BJMP carries the rank of Director and serves a tour of duty that must not exceed four (4) years, unless
extended by the President in times of war and other national emergencies
Officers who have retired or are within six (6) months from their compulsory retirement age are not qualified to be appointed
as Jail Director or designated as BJMP Chief.

The Logo: Bureau of Prisons and Bureau of Corrections


The three (3) keys: symbolized the three Century Prisons namely; the Old Bilibid Prison
(1866), San Ramon Penal Farm (1870) and Iwahig Penal Colony (1904), integrated into one (1) office
of the Bureau of Prisons.
The facade of the Bureau of Prisons with the iron bars and the post towers: reflected the
function of safekeeping of prisoners confined in its custody.
The seal: signifies the productive and worthwhile activities that an inmate is engaged in while
inside prison. The focus of an education as means of self-actualization and personal growth supported
with sports, skills development and religious activities that would help him assume a new outlook in life.
He is also engaged in various livelihood programs under the operation of agro-Industries to enable him
to have employment opportunities once released.
The seal: features a rehabilitated inmate (white) while in custody of the seven (7) prisons and penal farms (bars) thru
educational, therapeutic, productive approaches and restorative justice. He looks forward to a brighter future (rays of the sun), but
would need the assistance of his family and loved ones, the society and the church, for him to completely undergo transformation and
re-integrates successfully in the community.

The Provincial Jails under the Provincial Governor

ORGANIZATION AND KEY POSITIONS OF BUCOR

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 the3 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 appointment of the President shall be the
retired Deputy Directors and Chief Superintendents from the ranks of BuCor’s uniformed personnel.

PERSONNEL BUILD-UP OF BUCOR


The BuCor shall maintain the custodial personnel-to inmate 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. Behaviour Modification personnel-to-inmate ratio is 1:150.

PROFESSIONALIZATION, QUALIFICATIONS UPGRADING, AND TRAINING OF UNIFORMED PERSONNEL IN BUCOR

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

Appointment of Personnel to the BuCOR


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.

BUCOR MANAGED PRISONS / PENAL FARMS / INSTITUTION


Bilibid Prison- the first prison ever constructed in the Philippine by virtue of a Royal Decrees of the King of Spain. Formerly
known as “National Penitentiary” located in the City of Manila. Its construction started in 1847 and was inaugurated in 1865. This
served as the National Penitentiary up to November 1943, when it transferred to Muntinlupa City for exchange of property between the
City Government of Manila and the Bureau of Prisons. Presently, this facility is named Manila City Jail under the stewardship of the
BJMP. Bilibid Prison was renamed New Bilibid Prison.
A. New Bilibid Prison (NBP)- The growing urbanization of Manila and constant lobbying by conservative groups fueled the
idea of transferring the Old Bilibid Prison to a new site, which at the time was considered remote and on the outskirts of the urban
center. Accordingly, Commonwealth Act No. 67 was enacted, appropriating one million pesos for the construction of a new national
prison in Muntinlupa.
On November 15, 1940, all inmates of the Old Bilibid Prison in Manila were transferred to the new site. The new institution
had a capacity of 3,000 prisoners and it was officially named the New Bilibid Prison on January 22, 1941.
On January 22, 1941 the electric chair was transferred to New Bilibid Prison. The death chamber was constructed in the rear
area of the camp when the mode of execution was through electrocution. Today, it is a security zone where those convicted of drug
offenses are held.
This is officially the “National Penitentiary” as provided in the RPC Art 84.
The NBP expanded with the construction of new security facilities. These were the Medium Security Camp (Sampaguita
Camp), which was used as a military stockade during martial law which now housed offenders sentenced to not more than 20 years
and those waiting for release on parole. This is where the Reception and Diagnostic Center, the Medium Security Unit and the Youth
rehabilitation Center, and Halfway Houses is located and the Minimum Security Camp (BukangLiwayway) housed inmates which has 6
months or less to stay and those working on the various projects of the institution.
B. Correctional Institution for Women (CIW) - In a report dated January 22, 1959, submitted to a committee created by
Administrative Order No. 287 by the President of the Philippines, it was noted that “before a separate building was constructed
especially for women prisoners, all female convicts were confined at the Old Bilibid Prison on Azcarraga St., Manila. The male
prisoners were confined in dormitories near the women’s quarters. Prison authorities were aware of the conditions that the women
prisoners had to endure. The Republic Act No. 3579 in November, 1929 is authorizing the transfer of all women inmates to a building in
Welfareville at Mandaluyong, Rizal and appropriated P60,000 for the move.
On February 14, 1931, the women prisoners were transferred from the Old Bilibid Prison to the building especially constructed
for them. Its old name, “Women’s Prison,” was changed to “Correctional Institution for Women.”
C. Davao Prison and Penal Farm (Davao Penal Colony) - is the first penal settlement founded and organized under Filipino
administration. The settlement, which originally had an area of approximately 30,000 hectares in the districts of Panabo and Tagum,
Davao del Norte, was formally established on January 21, 1932 by virtue of Act No. 3732.
D. Iwahig Prison & Penal Farm (Iwahig Penal Colony) - during the Spanish regime that Puerto Princesa was designated as a
place where offenders sentenced to banishment were exiled. A specific area of Puerto Princesa was selected as the site for a
correctional facility. The American military carved out a prison facility in the rain forest of Puerto Princesa. The institution had for its first
Superintendent Lt. George Wolfe, a member of the U.S. expeditionary force, who later became the first prisons director.
E. San Ramon Prison & Penal Farm - According to historical accounts, the San Ramon Prison was established in southern
Zamboanga on August 21,1870 through a royal decree promulgated in 1869. Established during the tenure of Governor General
Ramon Blanco (whose patron saint the prison was named after), the facility was originally established for persons convicted of political
crimes. Considered the oldest penal facility in the country, prisoners in San Ramon were required to do agricultural work.
F. Sablayan Prison and Penal Farm - the Sablayan Penal Colony is located in Occidental Mindoro and relatively new.
Established on September 26, 1954 by virtue of Presidential Proclamation No. 72, the penal colony has a total land area of
approximately 16,190 hectares. Prison records show that the first colonists and employees arrived in Sablayan on January 15, 1955.
G. Leyte Regional Prison: The Leyte Regional Prison, situated in Abuyog, Southern Leyte, was established a year after the
declaration of martial law in 1972 by virtue of Presidential Decree No. 28. While its plantilla and institutional plan were almost ideal, lack
of funds made the prison unable to realize its full potential and its facilities are often below par compared with those of other
established penal farms.
The LRP has an inmate capacity of 500. It follows the same agricultural format as the main correctional program in addition to
some rehabilitation activities. The prison admits convicted offenders from Region VI and from the national penitentiary in Muntinlupa.
H. Correctional Institution for Women – Mindanao (CIWM) is a new kid in town. It is the most recent facility organized in the
Bureau of Corrections. It was only inaugurated in September 18, 2007, the second institution which branched out from the first and
only penal establishment dedicated in rehabilitating female offenders. (The first, which was founded in 1932 is the Correctional
Institution for Women situated in Mandaluyong City, Metro Manila). It was during the incumbency of Secretary of Justice Agnes
Devanadera when it was formally opened.

Project Commencement
The process however was not that easy. As a matter of fact, it was protracted and almost about to be forgotten. It was in
2002 when the women sector of Mindanao headed by Soroptomist president Pat Garcia-Montemayor along with former Judge Thelma
Avisado and Sister Jo Manahan who persevered to have a female correctional facility for Mindanao female offenders. They were
disturbed by information that female offenders of Mindanao after the sentencing are brought to CIW Mandaluyong City would suffer
alienation since they are far from their community of orientation. Visitation from their families took so much expense and efforts.
Those who made it would eventually settle along the fringes of Metro Manila as informal settlers—-contributing to social problems even
more. The Soroptomist and the Womenyt of Davao would subsequently form a solid alliance that would lobby for the establishment of
a female corrective facility in Mindanao.
The formal proposal was presented to then President Gloria Macapagal Arroyo during a regional cabinet meeting held at
Tagum City in 2002. Part of the cabinet agenda was the establishment of a correctional facility in Mindanao. Then Secretary of Justice
Hernando Perez directed then Director of Corrections Ricardo Macala to discuss in the cabinet conference the mechanics for the
organization of a penal facility for women. Director Macala instructed then Davao Prison Superintendent Ven Jo Tesoro to discuss the
concept. A small group discussion was held and Supt Tesoro outlined the idea. Thereafter, the cabinet adjourned and it would take
another year before it would again resurface among the pending issues to be taken up. The proposal snagged when there was no site
suggested for the purpose.

Project Launching
The Tagum Agricultural Development Corporation, Inc. (Tadeco) of Floirendo and the Del Rosarios of Davao del Norte ,
prodded by Soroptomist leader Pat Montemayor pursued for the identification of an area within Davao Prison and Penal Farm as site
for the women’s prison. The proposal went through the central office in charge of Davao Prison. Thereupon, then Director Vicente
Vinarao ordered for a Bureau of Corrections committee to undertake the plan. Supt Tesoro who was already recalled in Muntinlupa
was designated as chair in 2006.
Supt Rachel Ruelo of CIW Mandaluyong went through her organizational connections and pursued the formal issuance of a
Department of Justice order for the operation of the Correctional Institution for Women in Mindanao. A DOJ Order was signed by then
Secretary of Justice Agnes Devanadera and the soft opening of the facility was carried out on March 6, in observance of the
International Month for Women. It took a number of months thereafter before the first contingent of female prisoners (around 98 of
them) serving time at CIW Mandaluyong would be listed and transferred. On September 18, 2007 the contingent arrived and on said
date, the CIW Mindanao began its full operation.
It has expanded its population from 98 to 250 female inmates, all coming from the 26 provinces comprising the six
administrative regions in the whole Mindanao province.
Note: The CIWM is a satellite prison facility under the supervision and direction of Davao Prison and Penal Farm administration
pursuant to an administrative order issued by BuCor central office.

LAWS CREATING THE CITY/MUNICIPAL/DISTRICT JAILS UNDER THE BUREAU OF JAIL MANAGEMENT AND PENOLOGY, THE
PROVINCIAL JAILS

HOUSE BILL 1352

PLACING THE PROVINCIAL, SUB-PROVINCIAL AND DISTRICT JAILS UNDER THE JURISDICTION OF THE BUREAU OF JAIL
MANAGEMENT AND PENOLOGY (BJMP), AMENDING SECTIONS 61, 62 AND 63 OF REPUBLIC ACT NUMBERED SIXTY-NINE
HUNDRED AND SEVENTY-FIVE, OTHERWISE KNOWN AS THE "DEPARTMENT OF INTERIOR AND LOCAL GOVERNMENT ACT
OF 1990" AND FOR OTHER PURPOSES

Be it enacted by the Senate and House of Representatives in Congress assembled:


SECTION 1. Section 61 of Republic Act No. 6975 is hereby amended to read as follows:
"Section 61. POWERS AND FUNCTIONS. - The Jail Bureau shall exercise supervision and control over ALL PROVINCIAL,
SUB-PROVINCIAL, DISTRICT, city and municipal jails. [The provincial jails shall be supervised and controlled by the provincial
government within its jurisdiction. whose expenses shall be subsidized by the National Government for not more than three (3) years
after the effectivity of this Act.] JAILS DO NOT INCLUDE DETENTION CENTERS AND LOCK-UP CELLS BEING MAINTAINED BY
THE ARMED FORCES OF THE PHILIPPINES (AFP), PHILIPPINE NATIONAL POLICE (PNP), NATIONAL BUREAU OF
INVESTIGATION (NBI) AND THE BUREAU OF IMMIGRATION AND DEPORTATION."

SECTION 2. Section 62 of the same Act is hereby amended to read as follows:


"Section 62. Organization. -- The Jail Bureau shall be headed by a Chief who shall be assisted by [a deputy chief] OTHER
OFFICERS ENUMERATED IN SECTION 3 OF R.A. 9263, OTHERWISE KNOWN AS THE 'BUREAU OF FIRE AND PROTECTION
AND BUREAU OF JAIL MANAGEMENT AND PENOLOGY PROFESSIONALIZATION ACT OF 2004".
The Jail Bureau shall be composed of PROVINCIAL, SUB-PROVINCIAL, DISTRICT, city and municipal jails [each headed by
a city or municipal jail warden]: Provided. That. in the case of large cities and municipalities. a district jail with subordinate jails headed
by a district jail warden may be established as necessary.
The Chief of the Jail Bureau shall recommend to the Secretary the organizational structure and staffing pattern of the Bureau
as well as the disciplinary machinery for officers and men of the Bureau in accordance with the guidelines set forth herein and as
prescribed in Section 85 of this Act."

SECTION 3. Section 63 of the same Act is hereby amended to read as follows:


"Section 63. Establishment of PROVINCIAL, SUB-PROVINCIAL, District, City or Municipal Jail. There shall be established and
maintained in every PROVINCE, SUB-PROVINCE, district, city and municipality a secured. clean adequately equipped and sanitary jail
for the custody and safekeeping of PROVINCIAL, SUBPROVINCIAL, DISTRICT, city and municipal prisoners. any fugitive from
justice. or person detained awaiting investigation or trial and/or transfer to the national penitentiary. and/or violent mentally ill person
who endangers himself or the safety others. duly certified as such by the proper medical or health officer. pending the transfer to a
medical institution.
The PROVINCIAL, SUB-PROVINCIAL, DISTRICT, municipal or city jail service who shall assist in the immediate rehabilitation
of individuals or detention of prisoners shall preferably be headed by a graduate of a four (4) year course in psychology. psychiatry,
sociology, nursing. social work or criminology, PUBLIC SAFETY,PENOLOGY, 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 SUPERINTENDENT POSITION AS MAY
BE AS ESTABLISHEDBY THE JAIL BUREAU who shall assist in the immediate rehabilitation of individuals or detention of prisoners.
Great care must be exercised so that the human rights of this prisoners are respected and protected, and their spiritual and physical
well-being are properly and promptly attended to.”

SECTION 4. Provincial Jail Administrator, Sub-Provincial Jail Administrator. - The heads of the provincial and sub-provincial jails within
the province shall have the rank of superintendent and shall be appointed by the chief of the jail bureau. The appointment of which
must be attested to by the civil service commission. The provincial jail administrator shall exercise supervisory control over the
provincial, district, city and municipal jail in their respective provinces.

SECTION 5. Authority of the Chief, Bureau of Jail Management and Penology to Reorganize Provincial Jails. - The Chief. Bureau of
Jail Management and Penology have the authority to reorganize existing provincial jails. including its offices and personnel: Provided,
That in the exercise of this power. the services of the personnel assigned therein and holding a permanent appointment shall not be
terminated.

SECTION 6. Special Oversight Committee. - A Special Oversight Committee is hereby created. composed of the Secretary of the
Department of the Interior and Local Government as Chairman. the Secretary of the Department of Budget and Management as Co-
Chairman. and the Chief of the Bureau of Jail Management and Penology, the Chairman of the Commission on Audit and the President
of League of Provinces as members. which shall plan and oversee the expeditious implementation of the transfer and absorption into
the Bureau of all existing provincial jail facilities. equipment. records, rights. liabilities, appropriations. installations and other assets of
the provincial and sub-provincial jails, subject to just compensation under appropriate terms and conditions.

SECTION 7. Transitory Provision. - The incumbent personnel of provincial jails shall continue to perform their duties and
responsibilities in a holdover capacity until such time that qualified personnel are. based on the staffing pattern assigned and
appointed. the qualified incumbent personnel of provincial jails may be absorbed by Che jail bureau without loss of seniority.
Any personnel who are not absorbed by the jail bureau shall be given preference in the filling-up of vacancies in the provincial
government or shall be allowed to retire under existing laws. rules and regulations.

THE CLASSIFICATION OF PDL (INMATE) AND ADMISSION PROCEDURES IN JAILS AND PRISONS

Classification Process
Once the inmate has undergone the registration process, he will be temporarily housed at the Inmate Classification and
Counselling Unit (ICCU) in jails where it is available. The inmate shall stay at the ICCU for a minimum period of 30 days but not
exceeding 60 days or until the completion of the classification process. At the ICCU, the newly committed inmate will undergo
assessment by the different health professionals.
Classification of Detainees
c. Undergoing investigation
d. Awaiting or undergoing trial
e. Awaiting final judgment

Main Classification of Prisoners


 Insular or national prisoner – one who is sentenced to a prison term of three years and one day to death (3 yrs& 1 day to
death);
 Provincial prisoner – one who is sentenced to a prison term of six months and one day to three years (6 mos& 1 day to 3 yrs)
 City prisoner – one who is sentenced to a prison term of one day to three years (1 day to 3 yrs)
 Municipal Prisoner – one who is sentenced to a prison term of one day to six months(1 day to 6 mos)

Classification of Inmates as to Security: BUCOR


1. Maximum Security Inmates – those sentenced to death, 20 years minimum sentenced and others who are considered
dangerous or those who are confined at the RDC;
2. Medium Security Inmates – those sentenced below 20 years regardless of case and others upon recommendation of the
Superintendent;
3. Minimum Security Inmates – those with severe physical handicap,65 years old and above and not on appeal w/o pending
case, those who serve at least ½ of their minimum sentence and 1/3 of the maximum excluding GCTA and those with 6
months to serve before expiration of the maximum sentenced.

Classification of Inmates as to Class: BUCOR


1. Detainee – those with pending case
2. Third Class Inmates – those with reduced sentence
3. Second Class Inmates – newly arrived inmates
4. First Class Inmates – those promoted from lower class to higher class
5. Colonist (trusty) – classified as 1st Class inmates for at least a year, immediately proceeding classification as such and has
served with good conduct and at least 1/5 of his sentenced or has served 7 years in case of life sentence.
Uniform Color as to Security Classification: BUCOR
Tangerine – Maximum Security - BUCOR
Blue - Medium Security - BUCOR
Brown – Minimum Security - BUCOR
Detainee - Gray - BUCOR
THE ADMISSION PROCEDURES IN JAILS AND PRISON.

Requirements for Commitment


 Commitment Order
 Medical certificate – taken within 24 hours
 Complaint/Information
 Police Booking Sheet
 Certificate of Detention from PNP or NBI
Reception Procedures
1. Gater – Checks the credentials of the person bringing the inmate /committing officer to determine his identity and authority. Also, he
reviews the completeness of the documents before the committing officer is allowed to enter the facility. Additionally, the “gater” shall
subject the person to be committed and his escorts for search and inspection. Finally, the gater refers the person to be committed and
his escorts to the Records Unit.
2. Records Unit – This examines the completeness and authenticity of the requirements for COMMITTMENT before it refers
the inmate for physical examination by the Health Unit.
3. Health Unit:
Checks the authenticity of the entries in the medical certificate; conducts thorough physical examination of the inmate
to determine his true physical condition. Inmate is required to undress while undergoing medical examination. A female inmate
shall be examined b y female health personnel. A male inmate may be examined by either male or female health personnel.
In case of any discrepancy found during physical examination but same discrepancy is not indicated in the medical
certificate, the committing officer shall be required to secure another medical certificate of the inmate. The commitment of an
inmate shall be held in abeyance pending the submission of the new medical certificate with findings congruent to the medical
findings of the jail physician/nurse. The reason for the deferment of commitment shall be recorded in the jail blotter. In case
the committing officer fails to return the inmate to jail within 24 hours , the reasons for the deferment of commitment and the
grounds thereof shall be reported immediately to the court that issued the commitment order;
In the absence of a jail nurse/medical personnel, the receiving officer shall refer the person to be committed to the
nearest government health facility for medical evaluation; and If no discrepancy is found during physical examination, the
inmate shall be referred back to the records unit
4. Records Unit – Receives the inmate and the documents from the committing officer and conducts the following:
 Start the booking procedures:
 Accomplish the jail booking sheet
 Strip-search the inmate to check for any birthmarks, tattoos, etc;
 Encode the inmate’s information to the National Inmates Monitoring System;
 Fingerprint and photograph the inmate with mug shot background;
 List the names of the visitors authorized by the inmate
 Apprise the inmate in a dialect that he understands of the provisions of Article 29 of the Revised Penal Code which was
further amended by RA 10592;
 Facilitate the signing of the Detainee’s Manifestation if he agrees to abide by the same disciplinary rules imposed upon
convicted inmates. Otherwise, the warden issues a certification under oath manifesting that the inmate was apprised of
the provisions of Article 29 of the RPC as amended and refused to abide by the same; and
 Store all documents in the Inmate’s Carpeta
5. Property Custodian
 Checks the inmates belongings for presence of contraband
 Takes all cash and other personal properties from the inmate, lists them down on a receipt form with duplicate, both
signed by the inmate and the Jail Officer. The ORIGINAL RECEIPT should be given to the INMATE and the
DUPLICATE be kept by the PROPERTY CUSTODIAN.
 Keeps all cash and other valuables of the inmate in a safety vault. Said cash and valuables may be turned over to any
person authorized by the inmate
 Refers the inmate to the Desk Officer.
6. Desk Officer – books the newly committed inmate in the jail blotter; assigns the inmate to the reception area, if any where
he shall be scheduled for orientation on jail rules, and shall undergo risk assessment and classification, evaluation and
conduct of further medical evaluation/screening by the Medical Officer.
7. Assistant Warden/ Officer Of The Day – Orients the newly committed inmate on jail rules and regulations using the Inmate’s
Orientation Sheet
8. Jail Warden – Coordinates with concerned agencies regarding the case of inmate for speedy disposition and to furnish
them with copies of the available needed documents.

OPERATIONS AND STRUCTURE OF BUCOR


a) General Process. The BuCor shall operate with a directorial structure. It shall undertake reception of inmates through its
Directorate for Reception and Diagnostics (DRD), formerly Reception and Diagnostic Center (RDC), provide their basic
needs and security through its Security and Operations Directorates, administer their reformation programs through its
Reformation Directorates, and prepare inmates for reintegration to mainstream society through its Directorate for External
Relations (DER), formerly External Relations Division (ERD).
b) Reception and Diagnostics. Here under are the Basic Procedures for Reception and Diagnostics for new inmates.
b.1)Reception. Committed inmates shall be admitted to BuCor through DRD in the following institutional procedure:
1) Admission of Prisoners. The BuCor, through its penal establishments, shall receive prisoners from competent authority upon
presentation of the following documents:
 Mittimus/Commitment Order of the Court,
 Information and Court Decision in the case,
 Certification of Detention,
 Certification of No Pending Case,
 Certification of Non-Appeal, and
 Provincial Form 35 / Inmate data sheet
2) A female offender shall be received only at the Correctional Institution for Women.
3) All prisons and penal farms are also authorized to receive directly from courts convicted prisoners in consonance with the
Supreme Court Circular No. 63-97dated October 6, 1997.
b.2) Diagnostics. The DRD shall likewise be responsible for the conduct of classification of each and every inmate admitted to the
BuCor. Inmates shall be classified according to security risk and sentence. Included in the classification are
determining an inmate’s certain:
a. Interests, skills or talents;
b. Physical, mental, spiritual, psychological evaluation; and
c. Social (socio-demographic), and other behavioural-trait assessments.
The core diagnostics objective is to determine an inmate’s “Reformability.” These classification activities shall serve as
reference of the DRD in the preparation of individual inmate reformation treatment programs and inmate-group reformation
treatment programs.
3-B
c) Segregation Scheme. Aside from those borne of the provisions under Rule 8, Part IRules of General Application of the
UNSMRTP and that of the existing regulation of the BuCor on security classification (i.e. maximum, medium and minimum
security risk),inmates shall also be internally classified by the DRD and segregated according to crimescommitted based on
the related penal codes such as Crimes Against Persons, CrimesAgainst Properties, Crimes Against Chastity, so on and so
forth, as well as by other related Special Laws, Customs Laws and Immigration Laws. This is to ensure that an inmate willnot
be susceptible to acquire other criminal skills brought about by his exposure withother inmates who are committed to BuCor
for different crimes or offenses, which normally happens in the present prison setup.
d) Security and Reformation. From the DRD, the Custodial Force and Reformation Personnel of respective security
institutions/camps shall be in charge for the security and the implementation of the recommended individual inmate
reformation treatment program and the inmate-group reformation treatment program of each and every inmate while serving
sentence, respectively.
e) Pre-Release and Post-Release Programs. The Directorate for External Relations (DER) shall be responsible for pre-release
and post-release programs of inmates due for release. The DER shall also evaluate, classify and apply necessary
reformation programs to inmates for readiness to join the mainstream society upon release, as part of the pre release
program. The inmate readiness programs are customized towards their specialization in the areas of educational growth,
livelihood entrepreneurship, sports engagement, religious practice, and appropriate medical treatment. This specialization is
intended for the continuous practice of inmates in these areas in the free society through linkages, liaison, and coordination
efforts undertaken by DER with the appropriate agencies/institutions participating in Post-Release Programs such as
government or private schools, churches, health centers, government or private hospitals, and local government units. The
DER shall also classify inmates according to professional, technical and vocational skills acquired for referral and
endorsement to appropriate companies or corporations participating in BuCor On-The-Job Training and Skills Development
Programs for newly reformed inmates. The conduct of post release programs by DER includes monitoring and evaluation of
performance of released inmates on their specialized areas among the participating agencies/institutions in the free society
to assess the effectiveness and applicability of reformation programs institutionalized by BuCor.
In order to fully implement a successful reintegration of released inmates to the community, the following
circumferential objectives are to be focused upon by DER, to wit:
1) Secure support from family and community prior to release period; and
2) Secure acceptance from family and community upon release.
These shall facilitate the achievement of the core reintegration objectives, which are aimed at the a) restoration of
civil identity by society upon restoration of civil rights by law, and b) re-establishment of lost personal identity as law-abiding
citizen in the free society. The personnel of DER shall perform diagnostics functions to classify inmates for the application of
appropriate pre-release and post-release programs. Administration of pre-release programs by DER shall be assisted by
reformation officers. Post release programs shall be performed solely by DER personnel. Throughout the course, from DRD to
the Custodial Force and Reformation Personnel, and finally to DER, inmates of BuCor are continuously accorded with the
proper safekeeping.
f) Administration. Apart from handling inmates, the BuCor shall administratively operate like a standard government agency
through its Administrative Directorates with internal control and internal audit units. It shall conduct its planning and
management through its Directorate for Planning and Management, conduct personnel recruitment and welfare development
through its Directorate for Personnel and Human Resource Development, conduct budgeting and accounting through its
Directorate for Comptrollership, conduct facility and equipment maintenance and other engineering services through its
Directorate for Engineering Services, and conduct procurement process through its Directorate for Logistics. These
directorates are assisted by support service group such as Legal Service, Training Service, Public Affairs Service,
Information and Communications Technology Service, Finance Service, Reservation Security-Safety and-Cleanliness
Service, Health Services, and Logistics Support Service. For effective and timely discharge of duties, all BuCor Directorates
shall have a commensurate distribution of the following administrative personnel: admin officer, budget officer, supply officer,
finance officer, liaison officer, planning officer, record officer, monitoring officer, statistician, performance evaluator, and
message center officer. They shall have a prescribed mandatory rotational assignments among the clusters of directorates
on Security and Safekeeping, Reformation, and Administration.
g) Computerization. The BuCor, through the Directorate for Inmate Documents and Records and Directorate for Personnel
shall employ full computerization system.
1. Inmate Records. Computerization shall be developed in the build-up, maintenance and transmittal of necessary inmate
records to all its Prison and Penal Farms and other recipient agencies (i.e. Board of Pardons and Parole, Office of the
President). This shall also facilitate the immediate processing of records for timely release of inmates. This shall be
done through development of needed information system, network infrastructure, internet connectivity, procurement of
hardware and software and creation of Information Technology (IT) positions. The system shall efficiently monitor
inmates as well as provide decision support system that will help in determining the needed reformation programs and
for the timely transmittal of inmate’s record to the Board of Pardons and Parole for those who are eligible for early
release.
2. Personnel Records. Computerization shall be developed for Personnel Accounting and Information System (PAIS),
which shall record the
a. Recruitment and Selection,
b. Training and Development,
c. Employment and Reassignment,
d. Performance Evaluation,
e. Promotion and Servicing, and
f. Attrition of uniformed personnel of BuCor.
g. Classification. Inmates shall undergo on the following classification upon admission up to their release:
1. Pre-Admission Classification at DRD,
2. Re-Classification for Reformation Programs while serving sentence,
3. Pre-Release Classification at DER,
4. Security Classification while serving sentence (by length of sentence and by crimes committed), and
5. Safekeeping Classification while serving sentence (by health condition, age bracket, and gender).
h) Inspection. Admin technical officers are duty bound to conduct ocular inspection inside security camps on a regular basis
such as monthly, quarterly, semi-annually, and annually, to monitor the actual deployment of administrative effects (facilities,
equipment, supplies, and personnel) in terms of authorized quantity, quality and utilization. Likewise, engineering technical
officers shall conduct regular inspection to monitor the functional and serviceable conditions of prison facilities, vehicles and
equipment. Medical technical officers, on the other hand, shall conduct regular inspection pertaining to: 1) the
quantity,quality, preparation and service of food; 2) the hygiene and cleanliness of prisoners; 3) the sanitation, heating,
ventilation of the institution; and 4) the suitability and cleanliness of the prisoner’s clothing and bedding. The Director
General shall take into consideration the reports and advice that the medical officer submits and, upon his evaluation, shall
take immediate steps to give effect to those recommendations.
i) Gender Sensitivity Program. Gender concerns should be addressed in all planning activities, setting of priorities, allocating
of resources and identifying actions and activities of the BuCor. It should also incorporate a gender sensitive perspective in
the implementation of such plans and programs.
1. Gender sensitivity shall also be employed in all its internal policies, strategies, budget, projects, structures and
mechanisms, including but not limited to hiring, promotions, assignment, training opportunities, pay and benefits. A
gender perspective should likewise be integrated in all its training programs.
2. The BuCor, in accordance with existing laws shall provide appropriate funds to effectively implement Gender and
Development programs, activities and projects: Provided, That no such funds shall be taken from the appropriations for
inmates’ monthly operating and other expenses (MOOE) and inmates’ capital outlay (CO).
Registration Book
A prison shall keep a bound registration book wherein all commitments shall be recorded chronologically. The register shall
contain the following entries:
 Name of the inmate;
 Reason for commitment and the authority therefore;
 Sentence;
 Date and hour of admission; and
 Date and hour of discharge or transfer and basis therefore
After registration, the inmate shall be photographed, front and side view, fingerprinted and assigned a permanent prison
number. The male inmate shall then be given a regulation haircut and his beard/mustache, if any, shall be shaven off.
Issuance Of Uniforms
The newly-admitted inmate shall be issued two (2) regulation uniforms/suits and two (2) t-shirts. Whenever practicable, he shall
also be issue the following items:
 One (1) blanket;
 One (1) mat;
 One (1) pillow with pillow case;
 One (1) mosquito net;
 One (1) set, mess kit, and
 One (1) pair, slippers.
The inmate shall be held responsible and accountable for the items issued to him.

THE GOALS OF CORRECTIONAL TREATMENT

Correction and Rehabilitation of Penitent Offenders


Objective:
To effect the rehabilitation and reintegration of probationers, parolees, pardonees, and first-time minor drug offenders as
productive, law-abiding and socially responsible members of the community through well-planned supervision programs for
probationers, parolees, pardonees, and first-time minor drug offenders which are aligned to national program thrusts of the
government, such as, the Sariling-Sikap, Jail Decongestion, etc.

a. establishment of innovative and financially and technically feasible projects for the moral, spiritual and economic upliftment of
probationers, parolees, pardonees, and first-time minor drug offenders utilizing available community resources.

PROBATION

Scope and Beneficiaries:


All offenders granted probation, parole, pardon and suspended sentence.
The Administration has adopted a harmonized and integrated treatment program for these clients to effect their rehabilitation.
This harmonized and integrated program involves (1) The Therapeutic Community Modality (2) The Restorative Justice Principles and
Concepts and (3) the Use of Volunteer Probation Aides (VPAs).
The Therapeutic Community Modality is a self-help social learning treatment model used for clients with problems of drug
abuse and other behavioral problems such as alcoholism, stealing, and other anti-social tendencies. As a treatment model, it includes
four (4) categories, namely, behavior management, intellectual/spiritual aspect, emotional and social aspects, and vocational/survival
aspects.
In this regard, the Therapeutic Community Modality provides a well-defined structure for a synchronized and focused
implementation of the various intervention strategies/activities undertaken by the Agency such as:

1. Individual and group counseling


This activity intends to assist the clients in trying to sort out their problems, identify solutions, reconcile conflicts and
help resolve them. This could be done either by individual or group interaction with the officers of the Agency.
2. Moral, Spiritual, Values Formation
Seminars, lectures or trainings offered or arranged by the Agency comprise these rehabilitation activities. Active
NGOs, schools, civic and religious organizations are tapped to facilitate the activities.
3. Work or Job Placement/Referral
Categorized as an informal program wherein a client is referred for work or job placement through the officer’s own
personal effort, contact or information.
4. Vocational/Livelihood and Skills Training
The program includes the setting up of seminars and skills training classes like food preservation and processing,
candle making, novelty items and handicrafts making, etc., to help the clients earn extra income. Likewise, vocational and
technical trade classes are availed of such as refrigeration, automotive mechanic, radio/television and electronics repairs,
tailoring, dressmaking, basic computer training, etc. through coordination with local barangays, parish centers, schools and
civic organizations.
5. Health, Mental and Medical Services
To address some of the basic needs of clients and their families, medical missions are organized to provide various
forms of medical and health services including physical examination and treatment, free medicines and vitamins, dental
examination and treatment, drug dependency test and laboratory examination.
Psychological testing and evaluation as well as psychiatric treatment are likewise provided for by the Agency’s
Clinical Services Division and if not possible by reason of distance, referrals are made to other government accredited
institutions.
6. Literacy and Education
In coordination with LGU programs, adult education classes are availed of to help clients learn basic writing, reading
and arithmetic. Likewise, literacy teach-ins during any sessions conducted for clients become part of the module. This is
particularly intended for clients who are “no read, no write” to help them become functionally literate.
Likewise, linkages with educational Foundation, other GOs and NGOs are regularly done for free school supplies,
bags and uniform for client’s children and relatives.
7. Community Service
This program refers to the services in the community rendered by clients for the benefit of society. It includes tree
planting, beautification drives, cleaning and greening of surroundings, maintenance of public parks and places, garbage
collection, blood donation and similar socio-civic activities.
8. Client Self-Help Organization
This program takes the form of cooperatives and client associations wherein the clients form cooperatives and
associations as an economic group to venture on small-scale projects. Similarly, client associations serve another purpose by
providing some structure to the lives of clients where they re-learn the basics of working within a group with hierarchy,
authority and responsibility much like in the bigger society.
9. Payment of Civil Liability
The payment of civil liability or indemnification to victims of offenders are pursued despite the economic status of
clients. Payment of obligations to the victims instills in the minds of the clients their responsibility and the consequences of the
harm they inflicted to others.
10. Environment and Ecology
To instill awareness and concern in preserving ecological balance and environmental health, seminars/lectures are
conducted wherein clients participate. These seminars/lectures tackle anti-smoke belching campaign, organic farming, waste
management, segregation and disposal and proper care of the environment.
11. Sports and Physical Fitness
Activities that provide physical exertion like sports, games and group play are conducted to enhance the physical well
being of clients. Friendly competition of clients from the various offices of the sectors, together with the officers, provide an
enjoyable and healthful respite.
The success of the Therapeutic Community treatment model is also anchored on the implementation of restorative
justice. To highlight the principles of restorative justice, offenders are recognized to indemnify victims and render community
services to facilitate the healing of the broken relationship caused by offending the concerned parties. Mediation and
conferencing are also utilized in special cases to mend and/or restore clients’ relationship with their victim and the community.
Considering that it is in the community that the rehabilitation of clients takes place, the utilization of therapeutic
community treatment model coupled with the principles of restorative justice would be further energized with the recruitment,
training and deployment of Volunteer Probation Aides (VPAs). The VPA program is a strategy to generate maximum
participation of the citizens in the community-based program of probation and parole. Through the VPAs, the substance of
restorative justice is pursued with deeper meaning since the VPAs are residents of the same community where the clients
they supervise reside. Thus, it is practicable for the volunteers to solicit support for clients’ needs and assist the field officers in
supervising the probationers, parolees, and pardonees.

The Therapeutic Community treatment modality, Restorative Justice paradigm and deployment of VPAs integrated into one
rehabilitation program have yielded tremendous outcome in the rehabilitation and reformation of probationers, parolees, pardonees,
and first-time minor drug offenders.
Furthermore, the Agency believes that the client’s family is a major part or support in the rehabilitation process, thus the
Administration adopts the Integrated Allied Social Services program to address the needs of the children and other minor dependent of
the clients. Under the said program, interventions relative to the growth and development of the minor dependents are done to help
them become productive, law abiding and effective individuals.
BJMP (Bureau of Jail and Management and Penology) CORE PROGRAMS
A. Provisions of Basic Needs
All PDL under custody are provided with three (3) meals (breakfast, lunch and supper). Adequate supply of potable
water is made available to them at all times. Likewise, upon admission, each PDL is issued his or her PDL uniform consisting
of the yellow shirt and brown jogging pants. Hygiene kits are also distributed to the PDL on monthly or quarterly basis.
Occasionally, the provision of basic needs for the PDL is supplemented by the food and non-food donations from local
government units, non-government organizations, business sector and private individuals.
B. Health Services
Health services for PDL consist of interventions towards the prevention, promotion, treatment of illnesses and
rehabilitation. All PDL undergo medical assessment upon admission. During confinement, PDL are provided with health
education and counseling, medical consultations, regular health monitoring, and provided medicines subject to availability. To
maintain the physical health of PDL, they are allowed daily sunning and physical exercises.
C. Educational Program
The educational program aims to provide opportunities for PDL to achieve mandatory education. For this reason,
BJMP adopted the Alternative Learning System (ALS) of the Department of Education for the PDL to earn their elementary
and high school diplomas. Teachers in the jail-based ALS are BJMP Personnel who are professional teachers and trained on
the Instructional Method for ALS. In jails where there are no personnel trained to handle ALS classes, the ALS teachers
would be coming from the Department of Education. All PDL enrolled in the ALS earn their respective Time Allowance for
Teaching, Studying and Mentoring (TASTM) pursuant to RA 10592.
D. Skills Training/ Enhancement Program
The objective of the skills training program is to equip the PDL with technical/vocational skills which they can use in
seeking employment or starting their own business after release from confinement. To make the PDL as competitive as other
potential job seekers, the skills trainings preferred are those accredited by the Technical Education and Skills Development
Authority (TESDA) so that the PDL will be able to earn National Certifications. Thus, only the PDL who meet the eligibility
requirements of the specific skills training program being offered can participate.
E. Livelihood Program
The livelihood program presents income-generating activities to PDL during their confinement where they are able to
earn for their personal upkeep and for financial support to their families. The capital for the livelihood project are either from
BJMP for BJMP-funded projects or from the common fund of a group of PDL for non-BJMP funded projects. Examples of
continuing and most popular livelihood projects of PDL are bags and purses, bonsai made of beads, pastries, rugs, paper
crafts, and wood crafts. To help the PDL earn from these livelihood projects, the jail unit Welfare and Development Officer
(UWDO) facilitates the sale of the products in display centers or livelihood caravans organized by the local government units
and other service providers. In addition, online or e-marketing of PDL products is also run by the jail unit Welfare and
Development Office.
F. Behavioral Management/ Modification Program
BJMP implements the Therapeutic Community Modality Program (TCMP) to manage and modify behaviors of PDL
with the goal of positively changing their thinking and behavior through structured group processes. The program endeavors to
teach and model positive thinking, pro-social values, good decision-making, and positive coping. Through the program, PDL
are trained on socially acceptable ways of behaving and relating with their fellow PDL and with personnel and visitors thereby
fostering a therapeutic jail environment and maintaining a peaceful communal atmosphere.
G. Interfaith Program
PDL are provided with the opportunity to practice their faith while under custody without discrimination, subject only
to usual safety and security measures. The BJMP chaplains and imams provide different religious services such as but not
limited to mass celebrations, communal prayers, spiritual counseling, catechism, and others. Religious organizations and their
respective ministers/pastors and leaders are accredited by BJMP to facilitate their regular contact with PDL for the provision of
religious services.
H. Cultural and Sports Program
The cultural program aims to promote camaraderie among PDL, encourage the development of self-confidence and
sharing of cultural talents as form of positive entertainment. Cultural activities allowed in jails include dance, singing,
theatre/drama, and art workshops. Also, through this program, PDL experience some sense of social normalcy through the
communal celebrations of socio-cultural events like birthdays, Valentine’s Day, Mothers’ and Fathers’ Day, Christmas, Lent
and Easter, Ramadan, local festivals and other similar activities.
I. Paralegal Program
The main objective of the Paralegal Program is to address the overcrowding in jail facilities. Through the paralegal
program, PDL are assisted in availing of the different early modes of release. Regional and jail paralegal officers conduct
continuous informative seminars/orientations to PDL on their rights, modes of early release, and other paralegal/legal
remedies which can be availed of by them. Other paralegal services include paralegal counseling and case follow-up in the
courts by the jail paralegal officers.
J. E-Dalaw
The E-DALAW service is an alternative to the traditional face-to-face visitation between PDL and respective families.
This service enables the PDL to connect with his/her family through a supervised video call and chat. The program is
conceptualized specifically to cater to PDL whose family members cannot go to the jail for actual visit because of the long
distance to the jail from the residence or workplace of the family members. However, in case of jail lockdown by reason of
public health emergency where visitation is suspended, all PDL are allowed to use the e-dalaw to communicate with their
families on equitable rotation basis.

SUPPORT SERVICES
A. Human Rights Desks
Every jail facility operates a 24-hour Human Rights Desk handled by a designated Human Rights Affairs Officer. The
main function of the Human Rights Desk is to receive complaints concerning human rights violations from PDL and visitors
and to report the complaints thru the appropriate reporting system to the concerned BJMP offices and to the Commission on
Human Rights for investigation and appropriate action.
B. Help Desk
In line with the government’s policy of providing timely and speedy access to government services, each jail facility
has established its own Help Desk managed by a designated Held Desk Officer. The Help Desk functions as a referral unit
where PDL and visitors can lodge their request for assistance concerning personal or family needs. These requests are
evaluated by the Help Desk Officer and all requests for assistance that cannot be addressed by the jail are referred to the
concerned government agencies for appropriate action.
C. Referrals for Aftercare
Although BJMP recognizes the importance of aftercare program for PDL to be released for them to start a new, it is
limited only to providing welfare and developmental programs to PDL while they are in custody. Nevertheless, to ensure
continuity of care of PDL upon release, the jail unit Welfare and Development Officer facilitate referrals to different community
resources. These referrals addressed to the local government units, non-government organizations and the business sector
usually include but not limited to seeking immediate financial assistance for PDL’s repatriation, employment/livelihood
assistance, educational/vocational training scholarships, medical and psychological interventions.

Special Program for Vulnerable Groups

A. Services for Pregnant PDL


Pregnant PDL, by reason of their medical condition, are given special attention by the jail nurses to ensure
compliance to pre-natal and post-natal care, timely provision of other pregnancy-related needs, and assistance for the care of
the newborn until the latter is endorsed to the immediate family or accredited child-caring agency.
B. Services for Senior Citizen PDL and PDL with Disabilities
In addition to implementing measures to protect the senior citizen PDL and PDL with disabilities from discrimination
and establishing functional priority lanes for them, the primary policy is to link them to the local Office of Senior Citizen Affairs
Office (OSCA) and Person with Disability Affairs Office (PDAO) for the acquisition of their respective Identification Cards. The
respective identification cards issued by the local government unit are the PDL’s access key to the different services for senior
citizens and persons with disabilities mandated by the Senior Citizen’s Act and Magna Carta for Persons with Disabilities.
C. Services for PDL with other Special Needs
PDL who are members of the LGBT community maybe segregated from the general population in terms of housing to
prevent potential mistreatments towards them by reason of their gender expression and other vulnerabilities. Nevertheless,
they receive the same programs and services provided to the general population and they are encouraged to participate fully
in the socio-cultural activities of the jail.
D. Mental Health Services
In general, preventive mental health aimed at reducing incidence of mental health disorders and developing positive
coping mechanisms are provided to all PDL. Preventive mental health interventions include informative seminars on stress
management, psycho-educational counseling and other supportive psychological group activities. Likewise, psycho-social
support services or stress debriefing to address trauma are facilitated for PDL after the occurrence of untoward jail incidents or
in the aftermath of devastating calamities directly affecting the PDL.
E. Drug Counseling for PDL with Substance use Disorder
PDL with substance use disorder or have history of illegal drug use and who were granted plea bargaining under
A.M. No. 18-03-16 SC, are provided with drug counseling using the Katatagan Kontra Droga sa Komunidad (KKDK) approach.
The KKDK is a psycho-educational drug counseling program developed consisting of twenty-four (24) modules: eighteen (18)
modules to be completed by the PDL in a small group setting with fellow PDL and six (6) family modules to be participated by
the PDL’s family. The drug counseling runs for maximum duration of four (4) months.

PERSONAL EFFECTS OF INMATE


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

Visiting Rights
An inmate shall have the right to be visited by his family and reputable friends at regular intervals.
Visitors list
The Superintendent shall compile and maintain a list of persons named by the inmate who may visit the latter. The
list may include the members of the inmate’s immediate family such as his parents, step parents, foster parents, brothers and
sisters, wife or husband and children. Upon the request of the inmate, the list may include his grandparents, aunts, uncles, in-
laws and cousins. Other visitors may, after investigation, be included in the list if the inmate will benefit from such contact.
Visiting days and hours
An inmate may be visited from Sundays to Thursdays from 9:00 a.m. to 3:00 p.m. visitors shall not be allowed to stay
overnight in prison. There shall be no visits on Fridays and Saturdays.
Limitation on visiting rights
The Director may limit the length or frequency of prison visits as well as the number of visitors to avoid overcrowding.
Exceptions may be granted after taking into account special circumstances, such as the distance of travel of the visitor and the
frequency of the visits received by the inmate.
Visiting room
Whenever practicable, a prison shall have a visiting room which shall be as comfortable and as pleasant as possible
and equipped to meet the needs of visitors, including children.
Privacy of visits
Prison guards shall supervise the visiting area in an unobtrusive manner. They shall not eavesdrop on conversations
or otherwise interfere with the privacy of the inmate and his visitor.
Conjugal visits
A male inmate may enjoy conjugal visits from his spouse in prisons where there are facilities therefore under such
conditions as may be prescribed by the Director.
Visit of legal counsel
An inmate may be visited by his legal counsel of record at reasonable hours of the day or night.
Violation of visiting rules
Any circumvention or violation of visiting rules by the inmate or his visitor shall result in the suspension or deprivation
of visiting privileges and the initiation of disciplinary action against the erring inmate.

HOSPITALIZATION
Basic guidelines on medical consultations
The following guidelines shall be observed whenever an Inmate visits a prison hospital/clinic for consultation and/or treatment:
 The inmate shall be in proper uniform during consultations.
 He shall be attended to on a “first-come, first served” basis.
 The number of inmates allowed at the hospital/clinic for consultation/treatment shall depend on the number of available
doctors.
 An inmate shall be subjected to a body search upon entering and leaving the prison hospital/clinic.
 In emergency cases, only the medical staff and the patient shall be allowed inside the emergency room.
 An inmate shall not loiter in the hospital/clinic or leave the same without permission from the medical staff.
 Visitors of inmates shall not be allowed to stay inside the hospital/clinic to attend to the sick inmate without the permission of
the prison medical staff.
 Children below twelve (12) years of age shall not be allowed to say inside a hospital ward or treatment room.
 Patients in the hospital shall not be required to stand for checking.
RELEASE
 An inmate may be released from prisons:
 Upon the expiration of his sentence
 By order of the Court or of competent authority; or
 After being granted parole, pardon or amnesty.
Who may authorize release
The following are authorized to order or approve the release of inmates:
 The Supreme Court or lower courts, in cases of acquittal or grant of bail;
 The President of the Philippines, in cases of executive clemency or amnesty;
 The Board of Pardons and Parole, in parole cases; and
 The Director, upon the expiration of the sentence of the inmate.
Approval by Director of release
An inmate shall only be released by the Superintendent with the approval of the Director.
Verification of identity of inmate to be released
Before an inmate is released, he shall be properly identified. His fingerprints and other identification marks shall be
verified with those which were taken when he was admitted in prison, and any change in his distinguishing marks since said
admission.
Documentary basis for release
An inmate shall not be released on the basis of authority relayed through telegram or telephone. Inmates to be
released by reason of acquittal, dismissal of the case, the filing of bond or the payment of indemnity shall only be released
upon receipt by the Superintendent of a written order bearing the seal of the court and duly signed by the clerk of court or by
the judge thereof. The release order shall bear the full name of the inmate, the crime charged, the number of the case, and
such other details as will enable the releasing officer to properly identify the inmate to be released.
Prompt release of inmate
An inmate shall be released without delay. However, before releasing an inmate who is suffering from a
communicable disease or mental derangement, and who cannot defray the expenses of his treatment, the Superintendent
shall take the necessary steps to arrange for the follow-up treatment of the inmate in an appropriate government institution.
Release of foreign national
The Director shall notify the Commissioner of Immigration of the Release of an inmate who is a foreign national. At
least thirty (30) days before the approximate date of release, the Director shall furnish the Commissioner of Immigration with
certified copies of the court decision in the case of the alien inmate, a synopsis of his prison record, and the expected date of
release.
Release of inmate with pending criminal case
If the inmate to be released has a pending criminal case, the Director shall inform the court where the case is
pending of the inmate’s discharge from prison at least thirty (30) days before the actual date of release. In the proper case,
the Director shall turn over the inmate to the proper court where the inmate has a pending criminal case for disposition.
Prohibited release of inmates before and after election
The Director shall not order or allow an inmate to leave prison sixty (60) days before and thirty (30) days after an
election except for valid or legal reasons.
Separation and Placement Center
An inmate shall, thirty (30) days before his scheduled date of release, be transferred to the Separation and
Placement Center to prepare him for re-entry into free society, provided he is not under punishment or an escape risk, and is
cleared of his government property accountability.
Pre-release seminar
All inmates eligible for release shall undergo a one-day seminar in preparation for his life outside prison.
Assistance to inmate to be release
Upon release of the inmate, he shall be supplied by the Bureau with transportation to his home, including a gratuity to
cover the probable cost of subsistence en route, and if necessary, a suit of clothes.
Transmittal of carpeta and prison records
In executive clemency and parole cases, the Director shall forward the carpeta and prison record of an inmate to the
Board within the following periods:
 For commutation of sentence-at least one (1) month before the expiration of one-third (1/3) of the minimum period of
the inmate’s indeterminate sentence and in special cases, at least one (1) month before the periods specified by the
Board.
 For conditional pardon-at least one (1) month before the expiration of one-half (1/2) of the minimum period of the
inmate’s indeterminate sentence and in special cases, at least one (1) month before the periods as the board may
specify.
 For parole-at least one (1) month before the expiry date of his minimum sentence.
Half-Way House: is a place to allow people to begin the process of reintegration with society, while still providing monitoring and
support; this is generally believed to reduce the risk of recidivism or relapse when compared to a release directly into society. Halfway
houses are meant for reintegration of persons who have been recently released from jail or a mental institution
Inmate Complaints, Information and Assistance Centre (ICIAC)
To extend prompt, efficient and timely services to inmates which is tasked to act within seventy-two (72) hours on all
the complaints, requests for information and assistance of inmates.

INMATES SECURITY CLASSIFICATION


High Profile Inmate – those who require increased security based on intense media coverage or public concern as a result of
their offense such as but not limited to those who have been involved in a highly controversial or sensationalized crime or those who
became prominent for being a politician, government official, multi million entrepreneur, religious or cause-oriented group leader and
movie or television personality.
High Risk Inmate–those who are considered highly dangerous and who require a greater degree of security, control and
supervision because of their deemed capability of escape, of being rescued and their ability to launch or spearhead acts of violence
inside the jail. This includes those charged with heinous crimes. Also included are inmates with military or police trainings or those
whose life is in danger or under imminent threat.
High Value Target (HVT)–a target, either a resource or a person , who may either be an enemy combatant, high ranking
official or a civilian in danger of capture or death, typically in possession of critical intelligence, data, or authority marked as an
objective for a mission and which a commander requires for the successful completion of the same.
Security Threat Group – any formal or informal ongoing inmates’ group, gang, organization or association
Subversive Group – a group of persons that adopts or advocates subversive principles or policies tending to overthrow or
undermine an established government.
Terrorist Group–a group of persons that commits any of the following: piracy and mutiny in the high seas or in the Philippine
waters, rebellion or insurrection, coup d’etat, murder, kidnapping and serious illegal detention, crimes involving destruction, arson, hi
jacking , illegal and unlawful possession, manufacture, dealing in, acquisition or disposition of firearms, ammunitions and explosives.
Violent Extremist Offender – a person whose political or religious ideologies are considered far outside the mainstream
attitudes of the society or who violates common moral standards and who has adopted an increasingly extreme ideals and aspirations
resorting to the employment of violence in the furtherance of his beliefs.
Medium Risk Inmates – those who represent a moderate risk to the public and staff
Minimum Risk Inmates (Ordinary Inmates) – those inmates who have lesser tendencies to commit offenses and generally
pose the least risk to public safety. In most cases, they may be first time offenders and are charged with light offenses.

AUTHORIZED DISCIPLINARY ACTIONS / MEASURES FOR INMATES

For DETAINEES:
 Admonition or verbal reprimand
 Restitution or reparation
 Temporary or permanent cancellation of all or some recreational privileges
 Reduction of visiting time
 Close confinement in a cell for a period not exceeding 7 days in any calendar month in cases of incorrigible inmate
 Transfer to another BJMP jail in the area, in coordination with the court
For PRISONERS:
 Admonition or verbal reprimand
 Restitution or reparation
 Additional job functions / community service within the jail premises
 Temporary or permanent cancellation of some or all recreational privileges
 Reduction of visiting time
 Close confinement in a cell for a period not exceeding 7 days in any calendar month in cases of incorrigible inmate
 Transfer to another BJMP jail in the area, in coordination with the court
 Suspension of visiting privileges for a period not exceeding 1 month, except to the lawyer, physician or religious minister
serving the needs of the prisoner.
 Permanent cancellation of visiting privileges, except to the immediate family, lawyer, physician or religious minister serving
the needs of the prisoner

Modes And Guidelines For Release


An inmate may be released through:
 Service of sentence
 Order of the Court
 Parole
 Pardon
 Amnesty

Inmates With Special Needs


 Female
 Drug Users/Dependents/Alcoholics
 Mentally-Ill
 Lesbian, Gay, Bisexual, Transgender ( LGBT)
 Sex offenders
 Suicidal Inmates
 Sex Deviates
 Escape Prone Inmates
 Inmates with Disability
 Children in Conflict with the Law
 Senior Citizen Inmates
 Infirm Inmates
 Pregnant Inmates/Female Inmates with Infants
 Inmates of Other Nationalities / Alien Inmates
Custody, Security And Control
 Conduct regular briefing for every shift;
 Maintain strict control of firearms. No firearms inside the jail except in authorized areas;
 Maintain 24 hour supervision of inmates;
 Maintain a system of key control;
 Secure firearms & anti-riot equipment wherein they can be easy access of jail officers;
 Supervise the proper use of tools & other potentially dangerous articles;
 Conduct regular inmates count, at least 5 to times within a 24 hour period;
 Conduct frequent surprise searches of inmates & their quarters to detect contraband;
 Conduct frequent inspections of security facilities;
 Guard against escape, assault on jail personnel & inmate disturbances;
 Develop OPLAN(Operational Plan) dealing with emergencies like fires, escapes, riots & assaults;
 Never allow a jail officer to render successive shifts of duty except in cases of emergencies;
 Designate a supervisor for every shift;
 Never allow a jail officer to open the inmates’ quarters alone; and
 Select carefully the inmates to be assigned as jail aide.

Movement / Transfer of Inmates


An inmate may be transferred to another institution only upon specific Order of the Court having jurisdiction over him/her,
EXCEPT in cases of serious illness where hospitalization is necessary, and the detainee has to be immediately taken to the nearest
hospital, with the court subsequently notified.
 To appear, as witness or as accused before any court of justice;
 To appear as witness with leave of court;
 To view with leave of court the remains of a deceased relative within the second degree of affinity or consanguinity;
EXCEPT:
a. The decease d relative is lying in state in a place beyond thirty (30) kilometers radius from the place of confinement of
the inmate or, in any case, where the inmate cannot return to said place during daylight hours;
b. The inmate has a record of escape;
c. The inmate is classified as high risk/profile and the jail has inadequate resources to ensure his/her safety and security.
d. To undergo with leave of court medical examination or treatment in an outside hospital/clinic.
Rights of Inmates
 The right to be treated as a human being, and not to be subjected to corporal punishment;
 The right to be informed of the regulations governing the detention center;
 The right to adequate food, space and ventilation, rest and recreation;
 The right to avail of medical, dental and other health services;
 The right to be visited by counsel anytime;
 The right to practice his religious beliefs and moral precepts;
 The right to vote unless disqualified by law;
 The right to separate detention facilities or cells particularly for women inmates;
 If a foreigner, the right to communicate with his embassy or consulate.
Privileges Allowed for Inmates
 To wear their own clothes while in confinement;
 To write letters, subject to reasonable censorship, provided that expenses for such correspondence shall be borne by them;
 To receive visitor’s during visiting hours;
 To receive books, letters, magazines, newspapers and other periodicals that the jail authorities may allow;
 To be treated by their own doctor and dentist;
 To be treated in a government or private hospital;
 To request free legal aid;
 To sport hair in their customary style;
 To receive fruits and prepared food;
 To read books and other reading materials;
 To maintain cleanliness in their cells/brigades or jail premises and perform other work as may be necessary for hygienic and
sanitary purposes;
 To be entitled to GCTA (Good Conduct Time Allowance) as provided by law
 To be utilized as jail aides as designated by the warden himself, with the consent of the inmate or upon the recommendation
of the personnel
Classification Board
 To conduct background investigation of inmates to determine the work assignment, type of supervision and the degree of
custody & restrictions under which an inmate must live in jail.This is headed by the Deputy/Assistant Warden.
Disciplinary Board
 Hearing disciplinary cases involving any inmate who violate jail rules and regulations & must be acted within 48 hours from
the receipt of the case. Deputy Warden as the Chairman and Warden functions as a Summary Disciplinary Officer.

INMATES WELFARE DEVELOPMENT PROGRAM (IWDP)


Is a set of physical, psycho-social, intellectual, vocational and spiritual activities or interventions that facilitate inmates’ well-
being and enhancement in accordance with the accepted social norms and ethical standards.

TRANSFER OF INMATES
Transfer of Inmates- an inmate maybe transferred by the Prison Director upon recommendation of the Superintendent
concerned to another prison facility to bring said inmate closer to family as part of his rehabilitation.
Transfer of an insane inmate - an inmate who has been to be confirmed to be mentally abnormal or insane maybe transferred
to mental hospital with the approval of the Prison Director.
Transfer of an inmate to a stockade of the Armed Forces of Philippines - the confinement of an inmate maybe transferred to
an AFP stockade provided the inmate is certified as minimum security risk and does not belong to any of the following
categories:
1. Inmate serving a life term or sentence to death;
2. Inmate with previous record of escape;
3. Recidivist;
4. Inmate serving a crime involving moral turpitude;
5. Female Inmate;
6. Inmate who has been previously transferred to an AFP stockade and was returned to prison for cause;
7. Inmate who is more than 50 years of age or who can no longer perform manual work;
8. Inmate who is a permanent resident of a place within a radius of one hundred (100) kilometers from the AFP
stockade where he is being transferred;
9. Inmate with a pending case or who is a witness in any pending criminal case.

Transfer of inmates not eligible to be a colonist to a prison and penal farm- upon the recommendation of the Classification
Board, the director may also transfer to a prison and penal farm an inmate who, although not eligible for classification as a
colonist;
1. physically and psychologically fit to absorb the rehabilitative program in the colony; and
2. that such assignment is therapeutically indicated.
Transfer of an inmate to provincial jail and vice versa - the President of the Philippines may direct the, as the occasion may
require the transfer of inmates from the national prison to a provincial jail or vice versa. The expenses for such transfer shall
be borne by the Bureau except the cost of escort service which shall be provided by the Philippine National Police.
Mental and Physical examination of inmate to be transferred - the inmate shall be given a mental and physical examination
prior to their transfer.

OUTSIDE MOVEMENTS OF INMATES


 Movement of inmate outside confinement facility - the Superintendent of the prison may authorize an inmate-to be taken out of
prison in the following instances:
1. to appear in court or other government agency as directed by the competent authority;
2. for medical examination/treatment or hospitalization in an outside clinic or hospital;
3. to view the remains of a deceased relative.
 Approval by a Secretary of outside movements - prior approval of the Secretary of Justice shall be required for the outside
movements of an NBP or CIW inmates as provided in paragraphs a, b and c above.
 Outside movement of the Death Convicts - a death convict shall not be allowed to leave his place of confinement except for the
urgent treatment or diagnosis of a life threatening or serious ailments, if the diagnosis cannot be done or the treatment in the
prison hospital.
 Basis Of Court Appearance - the court appearance of inmates shall be based on subpoena issued by thecourtasendorsed by the
director.
 Court Appearance of life termer or death convict - no inmate sentenced to death or life imprisonment confined in the NBP shall be
brought outside said prison for appearance or attendance in any court except when the Supreme Court authorized the presiding
judge of said court upon proper application to effect the transfer of said inmates. The NBP Cavite and Laguna who require the
appearance or attendance in any judicial proceeding of an NBP death convict or life, termer to conduct such proceeding within the
premises of the said prison.
 Application to view the remain of deceased relative with supporting documents- a minimum or medium security inmates may;
upon written application be allowed by the Superintendent to view the remains of the following relatives upon written application
and submission of the original or certified true copies of the death certificate; the burial permit, and the documents specified
hereunder:
 wife or husband (Marriage contract)
 Child (birth certificate and the marriagecertificateofthe inmates
 Brother/Sister (birth certificate of the brother/sisterandbirth certificate of the inmates)
 Father/Mother (birth certificate of the inmates)
 Grand children birth certificate of the grand child and of the letters of parent's who maybe son or daughter of the
inmates.

 When to file Application - the application to view the remains of a deceased relative and all its supporting documents shall be filed
with the superintendent at least two (2) days before the enjoyment of the privilege sought.
 Duration of Privilege - the inmate maybe allowed more or less three (3) hours to view the deceased relative in the place where the
remains lie in state but shall not be allowed to pass any other place in transit; or to join funeral cortege.
 Distance of Travel - the privilege maybe enjoyed only if the deceased relative is in place within a radius of thirty (30) kilometers by
road from the prison, where the distance is more than 30 kilometers; the privilege maybe extended if the inmates can leave and
return to his place of confinement during day time of the same date.

RIGHTS AND PRIVILIGE OF INMATES


Rights of Inmates - An inmate shall have the following basic rights:
 to receive compensation for labor they perform;
 to be credited with time allowances for good conduct and loyalty; to send and receive mail matters;
 to practice their religion or observe their faith;
 to receive authorize visitors;
 to ventilate their grievances through proper channels; and
 to receive death benefits and pecuniary aid for injuries.

Privileges of Inmates - The following privileges shall also be extended to an inmate: a. attend or participate in any entertainment or
athletic activity within the prison reservation;
 read books and other reading materials in the library;
 smoke cigar and cigarettes, except in prohibited places;
 participate in civic, religious, and other activities authorize by prison authorities; and e. receive gifts and prepared food from
visitors subject to inspection.

Rights of Detainee - a detainee may, aside from the rights and privileges enjoyed by a finally convicted inmate to wear civilian clothes,
to grow his hair in his customary style (Correctional Operating Manual (1998).

PRISON LABOR
Prison labor of finally convicted inmates - A finally convicted able-bodied inmates maybe require to work at least 8 hours a day, except
on Sundays and Legal Holidays, in and about the prison, public buildings, grounds, roads, and other public works of the National
government. In the interest of the service; however they may be required to work on expected holidays.
Prison labor of detainee - A detainee may not be required to work in prison; however he may be made to polish his cell and perform
reasons.such other labor as maybe deemed necessary for hygienic or sanitary
PENAL PROVISIONS ON CORRECTIONS
Article 29 of the Revised Penal Code (RPC) as amended by RA 6127. Period of Preventive Imprisonment Deducted from Term of
Imprisonment
Offenders who have undergone preventive imprisonment shall be credited in the service of their sentence consisting of
deprivation of liberty, with the full time during which they have undergone preventive imprisonment, if the detention prisoner agrees
voluntarily in writing to abide by the same disciplinary rules imposed upon convicted prisoners,EXCEPT in the following cases:
When they are recidivists or have been convicted previously twice or more times of any crime;
 When upon being summoned for the execution of their sentence they have failed to surrender voluntarily.
 If the detention prisoner does not agree to abide by the same disciplinary rules imposed upon convicted prisoners, he shall
be credited in the service of his sentence with four-fifths (4/5) of the time during which he has undergone preventive
imprisonment.
Whenever an accused has undergone preventive imprisonment for a period equal to or more than the possible maximum
imprisonment of the offense charged to which he may be sentenced and his case is not yet terminated, he shall be released
immediately without prejudice to the continuation of the trial thereof or the proceeding on appeal, if the same is under review.

REPUBLIC ACT # 10592


Good conduct time allowance or GCTA is the most important alphabetical representation to the prisoner. It is earned through
his demeanour while serving time in the prison system. It is something that is immediately reflected on his prison record as a tentative
computation on the timeline of his incarceration.
Barring any unfortunate incident, the prisoner deserves his freedom in a period of time, which is not according to the actual calendar
date but rather on the legal correctional timetable. On top of said prison sentence reduction scheme, another law was passed (RA
10592). It would add more days that would reduce further the sentence, and that which is reckoned as jail time.
Republic Act No. 10592, otherwise known as an act amending Articles 29, 94,97, 98 and 99 of Act no. 3815 (otherwise known as
Revised Penal Code) authorises the credit of preventive imprisonment and a revised schedule of good conduct time allowance in the
initial computation should a penalty is handed down.
The law further allows the Director of Corrections, Chief of BJMP, Warden (provincial, district, municipal or city jail) to grant
allowances for good conduct. Previously, it is the Director of Corrections who is the only one authorised to grant such reduction
scheme.
The provision in the computation procedure on the reduction scheme for good conduct/ behaviour incentive has the following
features:

1. First two years of imprisonment, 20 days off for each month.


2. Third and Fifth year, 23 days off.
3. Following year up to 10th year, 25 days off.
4. Eleventh and successive years, 30 days off.
5. At any time when his services includes teaching,study or mentoring, additional 15 days off.
6. Appeals made by prisoner do not disturb entitlement of good conduct allowance.
7. The law (RA 10592) is a serious correctional provision because any officer who fails to comply with the application of said law is
liable to be imprisoned (one year imprisonment), a fine of P100,000 and perpetual disqualification to hold public office.

GOOD CONDUCT TIME ALLOWANCE (GCTA)


a privilege granted to a prisoner, whether detained or convicted by final judgment, entitling him to a reduction of his jail or
prison term for very month of actual detention or service of sentence as a reward for good conduct and exemplary behavior

TIME ALLOWANCE FOR STUDY, TEACHING AND MENTORING (TASTM)


a privilege granted to a prisoner, whether detained or convicted by final judgment, as a reward for having earned a post
graduate degree or college degree, a certificate of completion of a vocational or technical skills or valued development course, a high
school or elementary diploma or to one serving his fellow prisoner as teacher or mentor while incarcerated, equivalent to a deduction
of maximum of 15 days for every month of study or mentoring services.

SPECIAL TIME ALLOWANCE FOR LOYALTY (STAL)


A deduction of one fifth (1/5) of the period of his sentence shall be granted to any prisoner who, having evaded his preventive
imprisonment or the service of his sentence under the circumstances mentioned in Article 158 of RPC, gives himself up to the
authorities within 48 hours following the issuance of a proclamation announcing the passing away of the calamity or catastrophe referred to in
said article.
A deduction of two-fifths (2/5) of the period of his sentence shall be granted in case said prisoner chose to stay in the place of
his confinement notwithstanding the existence of a calamity or catastrophe enumerated in Article 158 of RPC.
Art 158 (occasion of disorder resulting from a conflagration, earthquake, explosion, or similar catastrophe, or during a mutiny in which
he has not participated) as amended

INFIDELITY IN THE CUSTODY OF PRISONERS

Conniving with or Consenting to Evasion.


Any public officer, who shall consent to the escape of a prisoner in his custody, shall be punished:
1. By prision correccional (6 months and 1 day to 6 years) in its medium and maximum periods and temporary special
disqualification in its maximum period to perpetual special disqualification, if the fugitive shall have been sentenced by final
judgment to any penalty.
2. By prision correccional in its minimum period and temporary special disqualification, in case the fugitive shall not have been
finally convicted but only held as a detention prisoner for any crime or violation of law or municipal ordinance.

Evasion through negligence.


If the evasion of the prisoner shall have taken place through the negligence of the officer charged with the conveyance or
custody of the escaping prisoner, said officer shall suffer the penalties of arresto mayor (1 month and 1 day to 6 months) in its
maximum period to prision correccional in its minimum period and temporary special disqualification.

Maltreatment of prisoners.
The penalty of arresto mayor in its medium period to prisioncorreccional in its minimum period, in addition to his liability for the
physical injuries or damage caused, shall be imposed upon any public officer or employee who shall overdo himself in the correction or
handling of a prisoner or detention prisoner under his charge, by the imposition of punishment not authorized by the regulations, or by
inflicting such punishment in a cruel and humiliating manner.
If the purpose of the maltreatment is to extort a confession, or to obtain some information from the prisoner, the offender shall
be punished by prisioncorreccional in its minimum period, temporary special disqualification and a fine not exceeding 500 pesos, in
addition to his liability for the physical injuries or damage caused.

AGREEMENT OF DETAINEE TO ABIDE BY RULES


Impose on Finally Convicted Inmates
Upon his admission, the detainee shall be informed that he may be credited in the service of his prison sentence with the full
time during which he may have to undergo a preventive imprisonment if he agrees in writing to abide by the same disciplinary rules
imposed on convicted inmates, provided the detainee is not a recidivist or has been convicted previously twice or more times of any
crime.

Certification of Superintendent if detainee refused to abide by rules imposed on finally convicted inmates
If the detainee does not agree to abide the same disciplinary rules as a finally convicted inmates, the Superintendent shall
issue a certification under oath to the effect that the detainee was apprised of his right to be credited in the service of his prison
sentence with the full time during which he may have undergone preventive imprisonment and that the inmates refused to abide by the
rules imposed upon convicted inmates.
In such cases the detainee shall be credited in the service of his sentence with four fifths (4/5) of the time during which he has
undergone preventive imprisonment.

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

Female inmates - A female inmate shall only be assigned to work on jobs suitable to her age and physical condition. The female inmate
shall be supervised only by women officers.

Old Inmates - An inmate over sixty (60) years of age maybe be excused from mandatory labor.

Place of work assignments - Only Medium and Minimum security inmates maybe assigned to work in agricultural field projects within a
prison reservation. Maximum security inmates shall not be allowed to work outside the maximum security compound.

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

COMPENSATION CREDITS
Inmate's compensation - Six (6) months after being permanently assigned to work in prison, an inmate may receive Compensation
credits at rates to be prescribed by the prison director; provided:
 He maintains good conduct, and
 He shows interest and a definite degree of progress in the particular work assigned to him.

Compensation credits - Compensation credits shall be allowed in the payment of those classified on workmanship as maybe prescribed
by the Director.

Keeping of work record of inmate's - A record shall be kept of inmate showing the workmanship classification of skilled and semi- of
grades. The credits accruing to each of shall approved by the recommendation of the committee named for their purpose. A copy of the
committee recommendation, duly approved by the Director or the Superintendent, shall be furnished to the Commission on Audit for his
information in connection with his duty of supervising the proper accountability of the fund created the credits to which shall be part of
the inmates Trust Fund.

Compensation earned, how applied - The whole or part of the compensation credits earned by an inmate maybe forfeited and applied
to the payment of supplies and equipments lost or damage resulting from the inmates misconduct or willful negligence. One half of (1/2)
said earning maybe utilized by the inmates to purchase some of his needs. The remainder shall be withheld, to be paid to him upon
release only.
In exceptional cases however; upon satisfactory showing of a necessity for withdrawal, the Director or the Superintendent may
authorize the disbursement of a part of the amount retained.

Trust Fund - Compensation credits earned by the inmates as provided for in the preceding section and all monies received by him from
any source shall be deposited in the Trust Fund provided for the purpose.
Withdrawal of earning - The inmate at any anytime withdraw from his compensation earnings in an amount not exceeding one- half
(1/2) of his total earning; However in cases of urgent need and at the discretion of the Superintendent, the whole of his earning maybe
withdrawn. But he may, at any time withdraw any part or all monies received from other sources.

Payment of trust deposit amount to released inmate - Upon the inmates discharged from prison he shall be given the full balance of his
deposit (Correctional Operating Manual (1998).
References
1. http://bustthefacts.blogspot.com/2011/09/provincial-jails-gr-no-175457.html
2. https://bjmp.gov.ph/index.php/about-us/administration/organizational-structure
3. https://d1mf53gmgg2cqd.cloudfront.net/wp-content/uploads/2018/02/bjmp-logo.png
4. https://en.wikipedia.org/wiki/Bureau_of_Corrections_%28Philippines%29

PREPARED BY:
APRIL BLASS S. DELA CRUZ
Criminology Instructor

RIENA GRACE G. DEFENSOR


Criminology Instructor

You might also like