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Lecture in CA 1 Updated 1

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bermejoalbert90
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LECTURE NOTES IN CORRECTION ADMINISTRATION 1

(Institutional Corrections)

Prepared by: Gerlen P. Cañonero, MS Crim., Sean Evan C. Liberato, RCrim. and
Krystine Ann R. Crusit-Zomil, RCrim.

INTRODUCTION

This reference on Correctional Administration covers the general concept of penology and
corrections, chronological presentation of the development of correctional theories and
standards, punishment imposed in early society, its evolution and development, and the present
set-up of the Philippine Correctional System. This material was made for students taking up
Criminology Course and for reviewers of the Criminology Licensure Examination.

In Criminal Justice Education, it was been part of the university curriculum and divided into
two subjects, namely Correctional Administration I (Institutional Based Corrections) and the
Correctional Administration II (Non-institutional Based Corrections). While in Professional
Regulatory Commission Criminology Licensure Examination, it constitutes 10% of the Board
Examination. This is given to a graduate of Bachelor of Science in Criminology twice a year in
designated place of examination.

GENERAL CONCEPT

PENOLOGY is the study of punishment for crime or of criminal. It includes the study of
control and prevention of crime through punishment of offenders. It is derived from the Latin
work “poena” which means pain or suffering. It is also known as the Penal Science. It is actually
the 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.

CORRECTIONS is a branch of the Criminal Justice System (CJS) concerned with the
custody, supervision and rehabilitation of criminal offenders. It is the field of criminal justice
system, which utilizes the body of knowledge and practices of the government and the society in
the general involving the processes of handling individuals who have been convicted of offenses
for purposes of crime prevention and control. The CJS is the machinery of any government in the
control and prevention of crimes and criminality. It is composed of the law enforcement,
prosecution, court, the correction, and community. Correction is considered the “weakest pillar”
because of its failure to deter individuals in committing crimes as well as the reformation of
inmates.

CORRECTIONAL ADMINISTRATION is the study and practice of a systematic


management of jails or prisons and other institutions concerned with the custody, treatment, and
rehabilitation of criminal offenders. As a process, it is the reorientation of the criminal offender to
prevent him or her from repeating his delinquent actions without the necessity of taking punitive
action but rather introduction of individual measures of reformation. This is also synonymous
with Penal/Jail Management, which defined as the manner or practice of managing or
controlling places of confinement as in jails or prisons.

THREE DIVISION OF CRIMINOLOGY

1. Sociology of Law- it deals with understanding the nature of criminal law and its
procedure of administration.
2. Criminal Etiology- it is concerned with the determining causes and factors of crime
occurrence; and
3. Penology/ Penal Sciences- it deals with management and administration of inmates.

IMPORTANT TERMINOLOGIES
 CARPETA- It refers to the institutional record of an inmate which consists of his mittimus/
commitment order, the prosecutor’s information and the decision of the trial court,
including the appellate court, if any.
 COMMITMENT- the entrusting for confinement of an inmate to a jail by competent
authority for investigation, trial and/ or service of sentence.

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 CORRECTIONS- it is that branch of administration of criminal justice charged with the
responsibility for the custody, supervision and rehabilitation of the convicted offender.
 COMMITMENT ORDER- it is a written order of the court or any other competent authority
consigning an offender to jail or prison for confinement.
 CONTRABAND- it refers to any article, item or things prohibited by law and/ or forbidden
by jail rules.

TYPES OF CONTRABANDS
1. Illegal Contraband- prohibited by law
2. Nuisance Contraband- prohibited only by jail rules.

 COED Institution or Co-Correctional Institution- which holds both male and female
offenders who interact and share the facility except for sleeping areas. They study, eat,
dance, work and engage in leisure activities within one campus.
 Convict Bogey- society exaggerated fear of the convict and ex-convict which is usually
far cut of proportion to the real danger they present.
 Corporal Punishment- the infliction of physical pain as a form of punishment.
 Detainee- a person who is confined in prison pending preliminary investigation, trial or
appeal; or upon legal process issued by competent authority. A person accused before a
court or competent’ authority who is temporarily confined in jail while undergoing
investigation, awaiting final judgement.
 Prisoner/Inmate- (brief definition) either a prison or detainee confined in jail. As defined
in Bureau of Corrections Operation Manual. It refers to a national prisoner or one
sentenced by the court to serve a minimum term of imprisonment of more than three
years or to fine of more than P1,000.
 Deterrence- a crime control strategy that uses punishment to prevent others from
committing similar crimes.
 Classification- it refers to the assigning or grouping of inmates according to their
sentence, gender, age, nationality, health, criminal records, etc.
 Diversification- administrative device of correctional institution of providing varied and
flexible types of physical plants for more effective control of the treatment programs of its
diversified population.
 Diversion- establishment of alternative to formal justice system such as deferred
prosecution resolution of citizens dispute, and treatment alternatives to street crimes.
 Deinstitutionalization- a crime strategy that focuses on keeping the offenders in the
community rather than placing them in long-term institutions.
 Determinate Sentence- a fixed period of incarceration imposed on the offender by the
court.
 Escape- it refers to an act of getting out unlawfully from confinement or custody by an
inmate.
Evasion service (Art. 157, RPC)
- it is derived from the Greek word ESCAPIO and from the Latin word ESCAPIUM which means
by CHANCE or ACCIDENT.

 Mittimus- a warrant issued by a court bearing its seal and signature of the judge,
directing the jail or prison authorities to receive inmates for custody or service of
sentenced imposed therein.
 Penance- an ecclesiastical punishment inflicted by an ecclesiastical court for some
spiritual offense.
 Penal Servitude- a punishment which consists in keeping an offender in confinement
and compelling him to labor.
 Penalty- it refers to the suffering that is inflicted by the State for the transgression of the
law.
 Penitentiary- a prison, correctional institution, or other place of confinement where
convicted felons are sent to serve out the term of their sentence.
 Prison Record- this refers to information containing ban inmate’s personal
circumstances, the offense he committed, the sentence imposed, the criminal case
numbers in the trial appellate courts, the date he commenced service of his sentence, the
date he was received for confinement, the place of confinement, the date of expiration of
his sentences, the number of previous convictions, if any, and his behavior and conduct
while in prison.
 Proselytizing- this refers to the act of coercing of an inmate to change and practice p-
other religion.

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 Prisonization- it is a process by which an inmate learns through socialization; in
accordance with the rules and regulation of the penitentiary culture.
 Penology- it is a branch of criminology which deals with the management and
administration of inmates. The science of prison management and rehabilitation of
criminals.
 Rehabilitation- it is a program of activity directed to restore an inmate’s self-respect
there by making him a law abiding- citizen after serving his sentence. To change an
offender character, attitude or behavior patterns so as to diminish his or her criminal
propensities.
 Safekeeping- The temporary custody of a person for his own protection, safety, or care;
and/or his security from harm, injury or danger for the liability he has committed.
 Status Offense- These are certain acts or omissions which may not be punishable
socially or legally if committed by adults but become anti-social or illegal because the
offender is a minor.
 Blue-Flu- the practice of uniformed personnel of taking sick leave EN MASSE to back-up
their demands for improved working conditions, salary increments, and other items on
their agenda.
 Furlough- authorization that permits inmate to leave containment for emergency family
crises, usually accompanied by correctional officer crises include visiting “death-bed”.

RULES ON FURLOUGH

-Not more than 30 km. radius from the prison facility.


-More than 30 km but you can return in daylight time
-Duration is for 3 hours only
-Cannot join the funeral procession
-Request at least 3 days before the date of visit
-Approved by the trial court
- Inmates confined in maximum security prison compound are disqualified to avail the privilege
of furlough.

HISTORY OF PUNISHMENT

Punishment is the redress that the state takes against an offending member of society that
usually involves pain and suffering. It is also the penalty imposed on an offender for a crime or
wrongdoing. The justification of punishment are: Retribution, meaning the punishment should
be provided by the state whose sanction is violated, or offenders should be punished because
they deserve it; Expiation or Atonement, it is punishment in the form of group vengeance
where the purpose is to appease the offended public or group; Deterrence, punishment gives
lesson to the offender by showing to others what would happen to them if they violated the law;
Incapacitation and protection, the public will be protected if the offender has being held in
conditions where he cannot harm others especially the public by placing him in a prison; and
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.

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

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

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Theories of Punishment
1) Deterrent Theory;
- The word ‘deter’ means to prevent.
- Deterrent theory refers to refraining from doing a particular act. The main goal behind
using this theory is to restrain criminals from committing crime.
- In such theories, punishments awarded are severe in nature which creates a fear not
only in the criminal’s mind but also in the mind of others.
a) specific deterrence
 The punishment should prevent the same person from committing crimes
 By creating a fear that the punishment will be repeated

b) General deterrence
 The punishment should prevent other people from committing criminal
acts
 It frightens the citizens not to do what the defendant did.

2) Retributive Theory;
- the most ancient justification for punishment.
- the word ‘retributive’ means to give in return the same thing that has been received. To
payback. It is also known as Vengeance Theory. It is based on the principle - “tit for tat”
(“equivalent retaliation”).
- This Theory insists that a person deserves punishment as he has done a wrongful deed .
3) Preventive Theory;
- this theory gets its importance from the notion that society must be protected from
criminals. Thus, the punishment is for solidarity and defense.
- the main aim of this theory is to prevent crime. When the criminals are kept in jails, they
are kept out of society. The object of this theory is to prevent or disable the offenders from
repeating the offence by giving them punishment.
4) Reformative Theory;
- this theory focuses on reforming the criminals and bringing the criminals back to society
as good and law- abiding citizens.

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

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

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

 MOSAIC CODE. Although premised on the concept of retribution, also allow restitution
because it allows the offender and the victim to come to a settlement under mediation of
the legal authorities. The Mosaic Code allowed extreme punishment such as flogging and
burning alive. Here are some of early forms of punishment and its definitions: Flogging is

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whipping the culprit of cat of nine tails; Branding is burning with red hot iron the first
letter of his offense on his forehead or hand of the culprit; Iron Maiden was a hollow form
shaped like a human and made of an iron braced with iron strips used in torturing suspect
to admit the crime he committed. In this process, the more he denied, the more he will
sacrifice to death; and Milk and Honey – Mithridates, the Persian general was tortured to
death in this way. He was encased in a box from which his head, hands and feet
protruded, forcibly feed with milk and honey, which was also smeared to his face, and
then exposed to the sun for seventeen days. Through this, he suffered a horrible condition
until he had been devoured alive by insects and vermin which swarmed about him and
bred within him.

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

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

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

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

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

 PAPAL DECLARATION ON SANCTUARY by Pope Innocent VIII (1487AD). Decreed that


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

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

 KING HENRY THE VIII DECREE (1531). In England, King Henry the VIII decreed
punishments for vagrant and penal slavery to defend the interest of the landlord, where
the nobility gets their privileged status in society. During this time, there was an exodus of
people flocking to the cities from rural areas considering that capitalism was on the rise
and that the feudalism was on the retreat.

 TRANSPORTATION AS PUNISHMENT WAS AUTHORIZED (16th Century).


Transportation of criminals in England was authorized. At the end of the century, Russia
and other European countries followed this system. It partially relieved overcrowding of
prisons. Transportation was abandoned later in 1835. Banishment, as a form of
punishment became widespread during this period. Although this form of punishment has
been practiced since the dawn of history, the systematic transfer of offenders to colonized
land started to intensify in earnest by the advent of 17 th Century. Large numbers of
convicted criminals were transported to distant lands to populate these newly colonized
territories. Special Account on Banishment: The banishment of Russian prisoners to
Siberia was known to the world today as Gulag Archipelago, which was popularized in a
novel by a political prisoner named Alexander Solshenitsyn. The Exile to Siberia was
Russia’s unique contribution to the world’s criminal justice system. The Penal Code of
Russia punishes offenders to hard labor of four years to life. The Russian authorities built
stockades and depots once every fifteen miles from Russia to the places of exile in Siberia.
The distance is about 4,700 to 6,700 miles. Prisoners were gathered to travel this distance
on foot and which took them about three years to reach. The prisoners marched heavily
chained together. Casualties were extremely high and very low percentage reached their
place of exile live. Once they arrived destination, they were subjected to severe discipline
and hard labors. Their heads were shaved and this put added pain of coldness on the icy
winter. They were also subjected to a strict rule of silence. This form of punishment was
abolished in 1901. The benefits of Banishment. This allows country imposing this
punishment to colonize distant lands such as Australia, Canada, Africa, Philippines and
other fur-flung countries and this reduced number of criminals in the country of origin.
Those who sentenced for banishment are those recidivists. After expiration of banishment
period, a returnee is required to have authority to return and violators will be subjected for
execution.

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

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

DEVELOPMENT OF CORRECTIONAL INSTITUTION

The Bridewell Institution (1556) was established as a workhouse for vagabonds, idlers,
and rogues. Under the Bridewell System, vagrants and prostitutes were given work while serving
their sentences. For all practical intents and purposes, capitalist exploit this prison labor. The

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Bridewell System (Workhouse) turned to be very effective workable and profitable. After
twenty years of existence in England, the English Parliament mandated the establishment of this
kind of prison in all countries. After two centuries, the Bridewell System lost its usefulness
because of the banishment of the offenders to the colonies became a more compelling and
profitable proposition to both the landlords and the capitalist invoking strategic national interest
and security considerations as overriding reasons. It turned to be inoperative and and
deteriorated that conditions there have become no difference from the conditions in the county
jails.

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

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

Mill Bank Penitentiary was a huge, gloomy and many towered prison, which looked like a
thick-spoke wheel, containing three (3(miles of corridors and hundreds of cells. The cost was at
that time (1812-1821) was nearly two million five hundred (2,500,000,00) dollars. This was made
possible due to the efforts and revelations of the terrible conditions of English gaols by crusader
John Howard.

Sing Sing Prison became famous in the entire world and was the plot of many movies
filmed because of the Sing Sing Bath which was inflicted aside from floggings, denial of reading
materials and solitary confinement. The shower bath was a gadget, which was constructed to
drop a volume of water on the head of a locked naked offender. The Sing Sing bath became
more frequent when flogging was declared illegal in 1847. The force of the icy cold water hitting
the head of the offender caused so much pain and extreme shock that prisoners immediately
sank into coma due to the shock and hypothermia or sudden drop in body temperature.

Auburn System was a convoluted version of St. Michael System (was introduced by the
Roman Catholic Church at the Hospital of St. Michael during the reign of Pope Clement XI. This
was the prototype of the reformatories for juvenile offenders. This facility emphasized
rehabilitative concept and pioneered the segregation of prisoners and forced silence to make the
prisoners contemplate their wrongdoings) as espoused by the Roman Catholic Church. It culled
its name from the Auburn Prison, which was built in Auburn State, New York. This system
employed “congregate confinement” where individual inmate is confined in their own cells
during the night and congregate work in shops during the day. Complete silence was enforced.
Before inmates were locked in a tiny cell without exercise or any activity. Inmate is whipped if
he dared to speak or make any noise. There was a substantial records of suicide in this system
and was abandoned after five years of existence because the inmates could not be made
productive anymore. Modification was made to Auburn System by allowing prisoners to work
during daytime but still observing rule of silence and then spent their night in solitary
confinement. It was found out that people working collectively in common areas produced more
benefits than people working individually and the smaller individual cells made prisons cheaper
to build and maintain. It was through the Auburn Prison that the United States was able to
harness the labor power of prisoners to become part of the expansion that was pushing the
young nations to rapid industrialization.

Walnut State Prison or otherwise known as Walnut Street Jail is the first prison in the
United States which was constructed in Philadelphia. It established the principles of solitary
confinement by the construction of additional building which house the worst type of prisoners

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

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

The Southern Agricultural Plantations are located in the agricultural deep south of the
United States. These penal institutions possess vast of landholdings and use as prison labor to
produce agricultural products out of the land. These plantations has a minimal facilities and
therefore, inexpensive to operate. They employ also “trustees” from minimum security convicts
to beef-up security forces.

The Chain Gangs. Under this scheme, prisoners work in public works outside of the facilities.
Today, some prisoners, under this scheme, work in natural conservation work. To secure inmates
from escape while outside performing works, they were chained together, hence, the term “chain
gangs” evolved. Chain Gang was originally imposed on black prisoners. In case of violation,
prisoners were subjected to a sweat box, in which prisoners were put in a steel box under the
heat of the sun. This popularly known as American Siberia. Shot drill is a form of punishment
inflicted to prisoners by carrying heavy loads from one place to another and then returned to the
same place over and over again everyday. Treadmill is a form of punishment where the
prisoner was continually made to constantly climb the stairs. Prisoners are made to climb this
treadmill continually during the day with prisoners logging up to 14,000 feet of stairs per day.

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

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

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

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


sentences vis-à-vis proper department, labor and study. This was introduced by Captain
Alexander Maconochie of the English Royal Army. THE IRISH SYSTEM – Using the “Mark
System” and the incorporations of old practices in English Prisons and Sir Walter Crofton’s
program.

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

GREAT PERSONALITIES BEHIND HISTORY OF CORRECTION

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

 WILLIAM PENN (1614-1718). He fought for religious freedom and individual rights. He is
the first leader to prescribe imprisonment as correctional treatment for major offenders.
He is also responsible for the abolition of death penalty and torture as a form of
punishment.

 CHARLES MONTESIQIEU (1689–1755). A French historian and philosopher who analyzed


law as an expression of justice. He believe that harsh punishment would undermine
morality and that appealing to moral sentiments as a better means of preventing crimes.

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

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


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

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

 CESARE LOMBROSO, Jewish physician and anthropologist who was greatly influenced by
the writings of Charles Darwin espoused the Positivist School of Criminology. This
concept strongly objected to the classical school’s view that punishment could be made to
“fit the crime” by fixing sentences that are tied strictly to the nature of criminal acts. He
described that crime is a social phenomenon. Although, he conceded that there are many
causes of crime, he remained emphatic in his assertion that crime is attributed to
biological causes, which is about 60 to 65%. Lombroso formulated his thinking based on
his studies of a notorious brigand/gangster named Villella. This brigand openly boasted of
his crimes. This was the reason why Lombroso claimed that criminals have the uncanny
ability to quickly recuperate from their wounds and have no moral compunction. On death
of Villella, Lombroso conducted Post-Mortem Examination on the corpse of the bandit.
When he opened the skull, he found a distinct depression, which is found only to inferior
animals. His concept became dominant in the late 19 th Century. Lombroso and his

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followers especially those in the United States were among the first proponents of parole,
probation, the juvenile courts, the experiment with youthful offenders, and other measures
of early twentieth-century penology. They were instrumental of the rise of three landmarks
innovations in corrections: These are: Parole, Probation and the Abolition of Capital
Punishment (History will be discussed in separate lecture).

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

 ALEXANDER MACONOCHIE – He was the Superintendent of the Penal Colony at Norfolk


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

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

 ENRICO FERRI (Italian), one of the most prominent followers of Lombroso. He stated that
it is noble mission to oppose the ferocious penalties of the middle ages but it is still nobler
to forestall crime. He argued that since the causes of crime could be identified and
isolated, he calculated that it could be controlled through prevention. He opined that the
best preventive measures was through the reformation of the society. Lombroso and his
followers especially those in the United States were among the first proponents of parole,
probation, the juvenile courts, the experiment with youthful offenders, and other measures
of early twentieth-century penology. They were instrumental of the rise of three landmarks
innovations in corrections: These are: Parole, Probation and the Abolition of Capital
Punishment (History will be discussed in separate lecture).

SUMMARY

The cited historical developments pointed to the unmistakable sign that prison system
worldwide have been veering away from its cruel, savage past and moving towards a kinder,
more compassionate form. This humanization of punishment has underlying reason. More
humane treatment came into being in the days of colonialism. At that time, offenders were no
longer killed, decapitated, mutilated or demobilized.

It is not that governments have become more humane but rather that these offenders
have become more advantageous to the country alive rather than dead or useless disabled. They
were deployed to man the soars sailing in uncharted waters to discover new worlds. Then they
were used to colonize and work themselves to death clearing virgin forest, bushes, and marshes
and opened them up for agriculture. Then, when the economies of these new worlds were
beginning to develop, prisons were converted into factories producing goods using prison slave
labor. Such are the fate of those who failed to conform to the rules of society as dictated by
those wield economic and political powers.

It is simply the rapacious greed for material worth that drove corrections to spare the lives
of offenders. So the terms evolved to conform to the new mission of prisons. From retribution it
was necessary to spare the criminal, as he is more useful producing goods alive so the term
became reformation, rehabilitation and others. The name of offenders were changed from
prisoners to convicts to inmates which is more politically correct term to make it appear more
humane as justification for not killing the offender and putting him to more productive uses
which will benefit the society.

Some criminologist conducting researches and studies on underlying causes of crime


support the that heredity is also a factor in making of criminals so that they are predestined to
become such even if they avoid it. Others believe that it is the social conditions that underlie
the principal factor, which drives people to crime.

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One very interesting case in point is the study done by Robert Dugdale in 1877
regarding a New York family whose lineage had produced a lot of criminals. In the course of an
inspection tour of county jails in the State, he met this family where 58% of the clan were
convicted of crimes ranging from assault and battery, murder, attempted rape, larceny, burglary,
forgery, cruelty to animals and many others. Having come across this fact, Dugdale went on to
investigate other branches of the family, studying seven generations of the Jukes. He found out
that the clan has produced 200 thieves, 280 beggars, and 90 prostitutes. In view of this, Dugdale
assumed that heredity could only be the underlying factor but he was forced to concede that
environment is a contributory factor working in the same direction as heredity due to living
conditions of the family.

HISTORICAL BACKGROUND IN LOCAL SETTING

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

 KALANTIAW CODE,(1433) it was the governing law in the island of what is now Panay,
particularly in what is now the Province of Aklan, has been the governing law and is
based on beliefs, customs and practice of those days. This Code also reflects the level of
uprightness and morality of the people. The entire Code of Kalantiaw contains only
eighteen articles and they are as follows:

Rule 1 – Do not kill, steal, or harm old people. Punishment is drowning or boiling;

Rule 2 – Pay all your debts promptly. Punishment for first offense is whipping of 100
lashes. If
the debt is large, the violator’s hand will be immersed in boiling water three times.
Second
offense will be death by beating;
Rule 3 - Do not be lustful. Do not marry young girls nor marry more than you can handle
and
support. First offense is swimming for three hours. Second offense is laceration by
thorns;
Rule 4 – Respect the dead, do not disturb their graves and burial places. First offense is
exposure
to the ants while subsequent offense is beating to death by means of thorns;
Rule 5 – Contracts shall be faithfully fulfilled. First offense is one hour whipping.
Subsequent
offense is one day exposure to the ants;
Rule 6 – Valuable trees and places that are holy should be respected. Fine for violation
should be
equal to one month’s labor and paid in gold or honey. Subsequent offense is the
equivalent
of five years labor;
Rule 7 – Cutting sacred trees, shooting arrows at old people treacherously, entering the
Chief’s
homes without permission is punishable by death;
Rule 8 – Setting fire to another’s crops, stealing the wives of Chiefs and owning dogs that
bit the
Chiefs is punishable by one year slavery;
Rule 9 – Those who sing at night while on the road, kill the manual bird, destroy the
Chief’s
records, deceive others and mock the dead will be beaten for two days;

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Rule 10 – Mothers should educate their daughters secretly about sex hygiene to prepare
them
for motherhood. Men should be kind to their wives and should not harm them if
they are
caught in adultery. Violators will be cut to pieces or thrown to the crocodiles;
Rule 11 – Those who escape and evade punishment, kill young children and steal the
wives of old
men will be burned alive;
Rule 12 – Slaves who attack their Master or the Chiefs, masturbate, or destroy their anitos
will
be drowned;
Rule 13 – Those who steal from the Chiefs or old men will be exposed to the ants for a
half day;

Rule 14 – Those who refuse to marry their daughters to the sons of the Chiefs will be
slaved
for life;
Rule 15 – Those who kill the young of the manual birds or white monkeys, will be beaten;
Rule 16 – Those who break the idols on their altars and temples, destroy the daggers
used by the
priestesses for killing sacrificial pigs or break their wine vessels will have their
fingers
cut-off;
Rule 17 – Those who destroy the altars and temples and urinates or defecates in these
sacred
places will die; and
Rule 18 – Chiefs who disobey any of these rules will be stoned or crushed to death while
old men
who disobey will be fed to the sharks or crocodiles.

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

1521. The colonization and subjugation of the Spaniards to this country begins. Royal
Decrees, orders and ordinances from the King of Spain were applied and implemented in the
colony. These laws were incorporated to become the Recompilation of the Laws of the Indies.
These recompiled laws were in effect until 1887 when its implementation was held in abeyance
owing the opposition of the Spanish Governor General in the Philippines. Owing to these
objections, the Spanish King issued a follow-up Royal Decrees, which turned enforceable in the
Philippine Islands together with the “Ley Engiciamento Criminal” and another Royal Decree, the
“Legislacion Ultramarina.”

Corrections in the Philippines started during pre-colonial times when the task was community.
It was only during the Spanish regime that an organized corrective service was made
operational. Hereunder special accounts of the development of prison system in the Philippines
during Spanish period:

 Commandancias, this existed in all provinces and cities where Spanish colonizers
exercise strong control. Its equivalent of today is Police Stations or precincts. The laws
were enforced by the “Guardia Civil” or the equivalent of today’s Police.

 BILIBID PRISON is the first penal institution in the country. This facility was constructed
in 1847, became operational in 1865 and was formally opened on April 10, 1866 by a
Royal Decree. Its physical lay-out was in conformity with the dominant concept of design
existing in Europe during that time. It was perfectly a replication of Millbank Penitentiary
where it was constructed in a radial spoke of wheel, it has a central tower, and the
brigadas (building) were made of strong adobe stones. It was situated at the heart of the
City of Manila but was later on transferred to the Muntinlupa following the inevitable
development of the area for commercial purposes. In addition, the Bilibid Prison in Manila
has become overcrowded due to the considerable increase in prison population. A 1969
Senate report prepared by Senator Salvador Laurel described the Old Bilibid Prison as
the “main insular penitentiary designed to house the prison population of the country. This

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prison was known as the “Carcel y Presidion Correccional” and could accommodate
1,127 prisoners.
The Carcel was designed to house 600 prisoners who were segregated according to class,
sex, and crime while the Presidio could accommodate 527 prisoners. The Bureau of
Prisons had a ship, the BUPRi, that transported goods and prisoners to all penal
establishments in the country.

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

 SAN RAMON PRISON AND PENAL FARM – About 4 years later after the formal opening
of Old Bilibid Prison, on August 21, 1870, San Ramon Prison and Penal Farm was
established to confine Muslim rebels and recalcitrant political prisoners opposed to the
Spanish rules. The facility, which faced the Jolo Sea, had Spanish-inspired dormitories and
was originally set on 1,414-hectare sprawling estate. The biggest source of income of the
Bureau of Correction came from this colony. It was named in memory of its founder,
Ramon Blanco, a Spanish Captain in the Royal Army. It was closed during the Spanish-
American War of 1898.

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

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


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

 IWAHIG PENAL COLONY – Before the construction of San Ramon Prison, the Americans
established in 1904 the Iuhit Penal Settlement or now known as the Iwahig Prison and
Penal Farm on a vast reservation of 28,072 hectares. It would reach a total land area of
40,000 hectares in the late 1950s. The area was expanded to 41,007 hectares by virtue of
executive Order No. 67 issued by Governor Newton Gilbert on October 15,1912. This is
minimum security or open institution. This is located in Puerto Princesa, Palawan. The
main colony is at the Sta. Lucia sub-colony (9,865), with Inagawan (13,000), Montible
(8,000) and Central (14,700) sub-colonies. The “Tagumpay Settlement” (1,000 hectares of
land) which is the portion of the colony, is divided into 6 hectares homestead parcel lots,
and released to the inmates who wants to live in the settlement with his family will
awarded to him. The establishment of this facility was made on the suggestion of
Governor Luke E Wright who felt the need for an institution designed for incorrigible
offenders. The institution had for its first Superintendent Lt. George Wolfe, a member of
the U.S. expeditionary force, who later became the first prison’s director.

 CORRECTIONAL INSTITUTION FOR WOMEN – With the approval of Act. No. 3579, on
November 27, 1929, the Correctional Institution for Women also known as the Correctional
Women’s Institution was established in 1931 on an 18 hectares parcel of land located at
Welfareville, Mandaluyong. Metro Manila. Before the establishment of this institution,

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women prisoners were confined in portion of the Bilibid Prison. In 1934, the position of
female Superintendent was created to superintend the operations of this penal facility.
Today, the institute is run entirely by female personnel with the exception of the perimeter
guards who are male.

 CORRECTIONAL INSTITUTION WOMEN IN MINDANAO (CIW MINDANAO), located at


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

 INMATE RECEPTION & EDUCATION CENTER – Formerly known as Inmate Reception


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

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

 SABLAYAN PENAL COLONY – With an area of 16,408.5 hectares, it is located in the


Municipality of Sablayan, Occidental Mindoro was opened on September 26, 1954 by
virtue of Proclamation No. 72. The rationale for its opening and establishment was the
overcrowding of the New Bilibid Prison. The first contingent of prison personnel and
prisoners were drawn from the Iwahig Penal Colony.

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

 FORT BONIFACIO PRISON – A committee report submitted to then President Carlos P


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

PHILIPPINE CORRECTIONAL SYSTEM

The Philippine Correctional System has two (2) approaches, namely: Institutional and
Non-Institutional (Community-Based) Correction. The Institution-based approach has three (3)
levels – National, Provincial and Sub-Provincial, and District, City and Municipal level. There are
three (3) Executive Departments that supervise and control the numerous institutional facilities

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nationwide, which provide incarceration and rehabilitation to offenders. These are: Department
of Justice (DOJ), Department of the Interior and Local Government (DILG) and the Department of
Social Welfare and Development (DSWD). The DOJ supervise and control the Bureau of
Corrections; DILG, the BJMP, jails that are still under the PNP; DSWD, the youth detention homes/
Children In Conflict with Law (CICL) rehabilitation centers. Provincial jails are still under the
supervision and control of the Provincial Government. The Community-Based approach has
probation, parole, conditional pardon and Release on Recognizance (ROR).These programs also
formed part of the paralegal related laws, which applies by the BJMP to effectively decongest its
jails.

INSTITUTION-BASED CORRECTIONAL PRACTICE. Offenders found guilty and sentenced by


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

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


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

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


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

 The Classification Process is adopted to determine the work assignment, type of


supervision and custody which will be applied to the prisoners. Classification
procedures are: Diagnosis, wherein prisoner’s case history is taken and his personality
is being studied through examination and observations; Treatment Planning, is the
formulation of tentative treatment program suited for the prisoners; Execution of the
Treatment Program, is the application of the treatment programs and policies by the
classification committee; Re-classification, treatment program is kept current with the
inmates changing needs.

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

 Custody is the guarding or penal safekeeping, it involves security measures to ensure


security and control within the prison. The Prison Custodial Division carries it out. This
division is also charged of all matters pertaining to the custody of the prisoners and
security of the institution.

 National Prisoners are also referred to under the law as Insular prisoners. They are
those whose sentence is for more than three years and are sent to BUCOR. Those
sentenced to six months and one day up to three years of imprisonment are categorized
as provincial prisoners and sent to serve in the provincial jails having jurisdiction of their
sentence.
An offender sentenced up to six months in prison is categorized as a municipal prisoner
and will serve time at the jail of the municipality where the offender is convicted. Those who
were convicted in city courts and sentenced to a maximum of three years will be sent to
serve their time in city jails. (In effect, city jails are the same as a municipal and

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provincial jail combined). Sentenced youth offenders are sent to Regional Rehabilitation
Centers operated by the DSWD.

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

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

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

 Upon admission, the inmate or detainee if he has a pending case, will be put in quarantine
in a designated cell at the RDC for a minimum of five days during which he shall be
administered the following: 1) Physical and mental examination to determine fitness.
Those found to have infectious diseases and if sick, are brought to the New Bilibid Prison
hospital for medical treatment, 2) Orientation on prison rules that must be observed by
the inmate and 3) Private interview by a counselor, social worker, psychologist or whoever
is available. Within two months upon arrival at the RDC, the inmate will undergo various
tests that will serve as the basis for his individualized treatment program. These tests are:
psychiatric, psychological, sociological, vocational, educational, religious, IQ test and other
tests necessary to come up with the treatment program. After this he shall then be
assigned to any of the six prison facilities of the BUCOR. These are the New Biliibid Prison
(NBP), Sablayan Prison and Penal Farm, Iwahig Prison and Penal Farm, San Ramon Prison
and Penal Farm, Davao Prison and Penal Farm and Leyte Prison and Penal Farm.

 Upon admission, the inmate will be issued two regulation uniforms, two T-shirts, one pair
of slippers, a blanket , mat, pillow with case, mosquito net, and one set mess kit. But this
depends on supply availability. The inmate may bring his own clothes and other personal
items essential for his well being inside the facility provided that the volume of his
possessions he will be bringing in will not compromise safety and the situation of his fellow
inmates. Electrical equipment like television set, radio, cassette, video players, electric
fans and the like may be allowed to be brought in by the Chief RDC as long as this will not
be exclusively used by the owning inmate but will be shared with others. Unauthorized
items brought in by the inmate will be placed to the custody of the guard in charge thereof
properly receipted to be returned upon release or disposed later at the inmates request or
ordered condemned by the Superintendent after two years. A Classification Board is
tasked to classify inmate as to security status and for privilege entitlement.

 The Classification Board shall have the following composition: Chairman – Penal
Superintendent, Vice-Chairman – Chief, Reception and Diagnostic Center, Member –
Medical Officer, Member – Chief, Education Section, Member – Agro-Industries Section,
Secretary – Chief Overseer. The Classification Board will classify inmate as to security
status, which are: maximum, medium or minimum security.

 The Death Row. One special facility that needs to be discussed separately so as to allow
us to understand more fully is the death row where inmates will be released to another
world if and when the sentence is carried out. Furthermore, the death penalty has sparked
so much controversy not only in this country but worldwide. But considering the economic

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vulnerability of our country, the divisiveness posed by carrying out executions tends to
aggravate and further divide our already divided society.

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

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

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

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

 Half-way House- These are non- confining residential facilities for adjudicated adults or
juvenile or those who are subject to proceedings. They are alternative to containment for
persons not suited for probation who need period of re-adjustment to the community after
imprisonment.
TYPE OF HALF-WAY HOUSE
1. Half-way out- pre-release facility to orient the prisoner before release for adjustment
purposes in coping in the outside.
a. Pre-Release- place for parole eligible
b. Parolees- granted parole but needs assistance in coping outside.
2. Half-way in- consisting of prisoners who are half way in prison includes:
a. Probation Violators
b. Parole Violators

Note: Halfway house in NBP is a joint project of Asia Crime Prevention Foundation, Nagoya Japan
West Club and UNAFEI from the Japanese end and the Asia Crime Prevention Inc, DOJ,
NAPOLCOM, Muntinlupa Lions Club and other NGO’s on the side of the Philippines.

 Quarter House- For probationers


 Half Houses- For parolees
 Three Quarter House- Intensive alternative for prison confinement/committed.

MODELS OF CRIMINAL TREATMENT

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

 Responsibility Model of prison management that stresses prisoners’ responsibility for


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

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

 Rehabilitation Model – security and housekeeping activities are viewed primarily as a


framework for rehabilitation efforts. Professional treatment specialist enjoys a higher
status than other employees, in accordance with the idea that all aspect of prison
management should be directed towards rehabilitation with the rethinking of the goal of
rehabilitation;

 Reintegration Model is linked to the structures and goals of community corrections but
has direct impact on prison operations. Although an offender is confined in prison, that
experience is pointed toward reintegration into society. This kind of treatment gradually
gives inmates greater freedom and responsibility during their confinement and move them
into a halfway house, work release programs, or community correctional center before
releasing them to supervision. Consistent with the perspective of community corrections,
this model is based on the assumption that it is important for the offender to maintain or
develop ties with free society the entire focuses this approach is on the resumption of a
normal life (Clear and Cole, 1986); &

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

APPROACHES IN DEALING WITH CRIMINALS

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

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

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

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

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

BUCOR’S DIRECTORATE FOR RECEPTION AND DIAGNOTICS


(FORMERLY RECEPTION AND DIAGNOTIC CENTER) RA 10575

This is a special unit of prison (Camp Sampaguita) where new prisoners undergo
diagnostics examination, study and observation for the purpose of determining the
programs of treatment and training best suited to their needs FOR A TOTAL PERIOD
OF 60 DAYS and the institution to which they should be transferred.

It is composed of the following staff members:


1. The Psychiatrist- responsible in the examination of the prisoner’s mental and
emotional make-up.
2. The Psychologist- responsible to conduct study on the character and behavior of the
prisoners.
3. The Sociologist- study the social case situation of the individual prisoner.
4. The Educational Counselor- conducts orientation classes in order to change
inmate’s attitude towards education and recommends educational program for the
prisoner.
5. The Vocational Counselor- to test the prisoner’s special abilities, interests and skills
and recommends for the vocational course best suited to the prisoner.
6. The Chaplain- encourages the prisoner to participate in religious activities.
7. The Medical Officer- conducts physical examination and recommends medical
treatment of prisoners.
8. Custodial- Correctional Officer- recommends the transfer and type of custody of
inmates.

ADMISSION AND CONFINEMENT ON INMATES


 Reception and Diagnostic Center; functions- There shall be a Reception and
Diagnostic Center (NOW DRD) in every prison which shall receive, study and classify
inmates and detainees committed to the Bureau.
 Quarantine- Upon admission the Reception and Diagnostics Center, an inmate shall be
placed in quarantine for at least five (5) days during which he shall be
a. given a physical examination to determine any physical illness or handicap or
mental aliment and to segregate those suspected of having an infectious or contagious
disease. If found sick, the inmate shall be immediately confined in the prison hospital;
b. oriented with prison rules; and
c. interviewed by a counselor, social worker and other program staff officers. The
interview shall be conducted in private.
 Assignment of inmate,- After the quarantine period, the inmate shall remain in the
Reception and Diagnostic Center for a period not exceeding fifty-five (55) days where he
shall undergo psychiatric, psychological, sociological, vocational, educational and religious
and other examinations. The results of said examination shall be the basis for the inmate’s
individualized treatment program. Thereafter, he shall be assigned to a prison facility as
may be recommended by the Chief of the Reception and Diagnostic Center.

ADMISSION ON INMATES
An inmate shall be admitted in the Reception and Diagnostic Center of a prison upon
presentation of the following documents:

gpc Page 19
a. Mittimus/Commitment Order of the court;
b. Information and Court decision in the case;
c. Certification of detention, if any; and Certification that the case of the inmate is not on appeal.
A female inmate shall be received only at the CIW, REGISTRATION BOOK

A prison shall keep abound registration book wherein commitments shall be recorded
chronologically.
The registration shall contain the following entries:
a. Name of the inmate;
b. Reason for commitment and the authority therefor,
c. Sentence;
d. Date and hour of admission; and
e. Date and hour of discharge or transfer and basis therefor.

THE CLASSIFICATION PROCESS


 DIAGNOSIS- inmates case history is taken and his personality is studied.
 TREATMENT PLANNING- formulation of tentative treatment program best suited to the
needs of the person
 EXECUTION OF TREATMENT PROGRAM- actual application of the treatment program
 RE- CLASSIFICATION- process of monitoring the response of the prisoner to the
treatment program and conduct review to the previous finding compared to new
information available.

CLASSIFICATION INMATES
Classification Board. – Every person shall have a Classification Board that shall classify
inmates in accordance with this Chapter, The Board shall be composed of the following:
- Chairman: Superintendent
- Vice-chairman: Chief, Reception and Diagnostic Center
- Members:
Medical Officer
Chief, Education Section
Chief, Agro- Industries Section
- Secretary: Chief Overseer

THE NATIONAL CORRECTIONS CONSCIOUSNESS WEEK


 Every last week of October
 By virtue of Proclamation Number 551 signed on March 15, 1995 issued by former
President Fidel V. Ramos
REVISED IMPLEMENTING RULES AND REGULATIONS OF REPUBLIC ACT NO. 10575,
OTHERWISE KNOWN AS “THE BUREAU IF CORRECTIONS ACT OF 2013”

PRELIMINARY PROVISIONS

Section 1. Short title and Purpose. This Revised Implementing Rules and Regulations,
hereinafter called the IRR, is hereby adopted and promulgated pursuant to Section 23 of
Republic Act (RA) No. 10575, otherwise known as the “The Bureau of Corrections Act of 2013” for
the purpose of prescribing and applying the necessary rules and regulations for the
strengthening of the correctional services.

GENERAL PROVISIONS (RA 10575 IRR)


Declaration of Policy. It is the policy of the State to promote the general welfare and
safeguard the basic rights of every prisoner incarcerated in our national penitentiary by
promoting and ensuring their reformation and social reintegration, creating an environment
conducive to rehabilitation and compliant with the United Nations Standard Minimum
Rules for Treatment of Prisoners (UNSMRTP). It also recognizes the responsibility of the
State to strengthen government capability aimed towards the institutionalization of highly
efficient and competent correctional services.
The concept of imprisonment is stated in Rules 57 of UNSMRTP:
“Imprisonment and other measures which result in cutting off an offender from the outside word
are afflictive by the very fact of taking from the person the right of self-determination
by depriving him of his liberty. Therefore, the prison system shall not, except as incidental to
justifiable segregation of the maintenance of discipline, aggravate the suffering inherent in such
a situation”

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THE CONCEPT OF REINTEGRATION TO SOCIETY IS STATED IN RULES 58 OF UNSMRTP:
“The purpose and justification of a sentence of imprisonment or a similar measure deprivative of
liberty is ultimately to protect society against crime. This end can only be achieved if the period
of imprisonment is used to ensure, so far as possible, that upon his return to society the
offender is not only willing but able to lead a law-abiding and self-supporting life”

AND THE CONCEPT OF REFORMATION IS STATED IN RULE 59 OF UNSMRTP:


“To this end, the institution should utilize all the remedial. educational, moral, spiritual and other
forces and forms of assistance which are appropriate and available, and should seek to apply
them according to the individual treatment needs of the prisoners”
DEFINITION OF TERMS
Section 3. Definition of Terms. For purpose of this IRR, the following terns or words and
phrases shall mean or be understood as follows;

 Act- refers to R.A. 10575, entitled “An Act Strengthening the Bureau of Corrections
(BuCor) and providing Funds Therefore.” Otherwise know as the Bureau of Corrections Act
of 2013”
 Active Service- refers to the services rendered as a civilian official or employee in the
Philippine government including services rendered in the uniformed service prior to the
date of separation or retirement.
 Admin- refers to Administrative.
 Administrative Requirement- refers to the sufficient provision of personnel, facilities,
equipment and supplies.
 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 for temporary confinement.
 Base Pay- refers to a fixed amount of compensation for regular work rendered,
designated in the Salary Schedule for Uniformed Personnel for all ranks computed on
monthly or annual basis, excluding fringe benefits and other allowances.
 BuCor- refers to the Bureau of Corrections.
 Bureau of Corrections- refers to the central office and the prison and penal farms which
are known as a 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.
 Civil Identity- refers to societal functional identity recognized and/or granted by
government agencies and authorities (i.e. Judge, Attorney, Accountant).
 Competent Authority- refers to the President of the Republic Philippines, Supreme
Court, Court of Appeals, Sandiganbayan, Regional Trial Court, Metropolitan Trial Court,
Municipal Trial Court, Municipal Circuit Trial Court, Shari’a Court, and Military Courts,
House of Representatives, Senate, COMELEC, Bureau of Immigration, Board of Pardons
and Parole and other courts of jurisdiction provided for by law.
 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.
 DOJ- refers to the Department of Justice.
 Inmate- refers to person confined in jails/prisons to serve his/her sentence for
safekeeping who is officially called Person Deprived of Liberty (PDL).
 IRR- refers to the Revised Implementing Rules and Regulations of RA 10575.

gpc Page 21
 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 the one thousand pesos; or
regardless of the length of the sentence imposed by the court, to one sentence 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 and 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”.
 Personal Identity- refers to social recognition accorded as member of the family (i.e.
parent, brother, sister, uncle, aunt, grandfather) and the community (i.e. neighbor).
 Practitioner Research- refers to research and/or workplace research such as evaluation
performed by individuals who also work in a professional field as opposed to being full-
time academic researchers.
 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.
 Reservation- refers to a penal/prison land reservation area comparable to a military
reservation area.
 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.
 Retribution- refers to making a person accountable for offense committed, by serving
sentence, community service, fines and other means.
 Safekeeping- refers to the custodial mandate of the BuCor’s present correction system,
and shall refer to the act that ensures the public (including families of inmates and their
victims) that national inmates are provided with their basic needs. The safekeeping of
inmates shall moreover comprise decent provision for their basic needs, which include
habitable quarters, food, water, clothing, and medical care, in compliance with the
established UNSMRTP, and consistent with restoring the dignity of every inmate and
guaranteeing full respect for human rights. The complementary component of Safekeeping
in custodial function is Security which ensures that inmates are completely incapacitated
from further committing criminal acts, and have been totally cut off from their criminal
networks (or contacts in the free society) while serving sentence inside the premises of
the national penitentiary. Security also includes protection against illegal organized armed
groups which have the capacity of launching an attack on any prison camp of the national
penitentiary to rescue their convicted comrade or to forcibly amass firearms issued to
corrections officers.Secretary- refers to the Secretary of Justice.
 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).

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 Seniority and Lineal List (SLL)- refers to a document containing the names of all
officers in the active corrections service, arranged by grade and in accordance with their
relative seniority for each regular component, and by service to which they are appointed.
 Similar Professional Skills- refers to prison administration, resource management and
engineering skills.
 Victims- refers to the casualties of the offense committed but is not limited to those who
filed the charges against the offender but also include the family of the offender himself.

OPERATIONS OF THE BUREAU OF CORRECTIONS


(a) The BuCor shall operate with a directorial structure. It shall undertake reception of inmates
through its Directorate for Reception and Diagnostics Center (RDC), provide basic needs and
security through its Security and Operations Directorates, administer 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).
The DRD shall be responsible for the conduct of classification of each and every inmate admitted
to the BuCor.
The Directorate for External Relations (DER) shall be responsible for pre-release and post-release
programs of inmates due for release.

THE MANDATES OF THE BUREAU OF CORRECTIONS


(a) Safekeeping of National Inmates- the safekeeping of inmates shall include decent
provision of quarters, food, water, and clothing in compliance with established United Nations
Standards. The security of the inmates shall be undertaken by the Custodial Force consisting of
Corrections Officers with a ranking system and salary grades similar to its counterpart in the
BJMP.
(b) Reformation of National Inmates- the reformation programs, which will be instituted by
the BUCOR for the inmates, shall be the following:
1) Moral and Spiritual Program;
2) Education and Training Program;
3) Work and Livelihood Program;
4) Sports and Recreational Program;
5) Health and Welfare Program; and
6) Behavior Modification Program, to include Therapeutic Community.
The reformation programs shall be undertaken by Professional Reformation Personnel consisting
of Corrections Technical Officers with ranking system and salary grades similar to Corrections
Officers.

PROFESSIONALIZATION AND UPGRADING OF QUALIFICATION STANDARDS IN THE


APPOINTMENT OF THE BUCOR PERSONNEL
(a) 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 judgement of an offense or crime involving moral
turpitude;
8) Must be at least one meter and sixty-two centimeters (1.62 cm) in height for male, and
one meter and fifty-seven centimeters (1.57 cm) for female; Provided, that a waiver for
height and age requirement/s may be granted to application belonging to the cultural
communities; Provided, further, That the new applicant must not be less than twenty-one
(21) or 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 any one of
them at any given time shall be ground for separation of retirement from service.
Provided, furthermore, that those who are already in service upon the effectivity of this
Act shall be given five (5) years from the date of such effectivity to obtain the minimum

gpc Page 23
educational qualification and eligibility with subsidiary assistance as provided for in this
Act,.
STANDARDIZATION OF THE BASE PAY AND OTHER BENEFITS OF THE UNIFORMED
PERSONNEL OF THE BUBOR.

APPOINTMENT OF PERSONNEL TO THE BUCOR


The appointment of the BuCor shall be effected in the following manner:
a) Corrections Officer I to Corrections Chief Superintendent- Appointed by the
Director General of Corrections, and attested by the Civil Services Commission (USC);
and
b) Director General of Corrections and Deputy Director of Corrections- Appointed
by the President upon the recommendation of the Secretary of DOJ, with the proper
endorsement by the Chairman of the CSC

CUSTODIAL RANK REFORMATION RANK


Corrections Chief Superintendent
Corrections Senior Superintendent Corrections Technical Senior
Superintendent
Corrections Superintendent Corrections Technical Superintended

Corrections Chief Inspector Corrections Technical Chief Inspector

Corrections Senior Inspector Corrections Technical Senior Inspector


Corrections Inspector Corrections Technical Inspector

Corrections Senior Office IV Corrections Technical Senior Officer IV


Corrections Senior Office III Corrections Technical Senior Officer III

Corrections Senior Office II Corrections Technical Senior Officer II

Corrections Senior Office I Corrections Technical Senior Officer I

Correction Officer III Corrections Technical Officer III

Corrections Office II Corrections Technical Officer II

Corrections Office I Corrections Technical Officer I

PROFESSIONALIZATION AND UPGRADING OF QUALIFICATION STANDARDS IN THE


DESIGNATION OF PERSONNEL OF THE BUCOR TO KEY POSITIONS
(1) Sub- Colony Supervisor- Should have the rank of Senior Inspector, who must have finished
at least-second year of Bachelor of Laws or earned at least twelve (12) units in a master’s degree
program
(2) Colony Assistant Superintendent- Should have the rank of Chief Inspector, who have
finished at least second year Bachelor of Laws or earned at least twenty-four (24) units in a
master’s degree program.
(3) Colony Superintendent- Should have the rank of Superintendent, who must be a graduate
of Bachelors of Laws or a holder of a master’s degree
Provided, That in prison and penal farms with an inmate population of two thousand (2,000), but
below three thousand (3,000) the Colony Superintendent shall have the rank and qualification of
a Colony Senior Superintendent; and
(4) Regional Superintendent- Should have the rank of Senior Superintended or Chief
Superintendent, who must be graduate of Bachelor of Laws or a holder of a mater’s degree
Provided, That in prison and penal farms with an inmate population of three thousand (3,000) but
below five thousand (5,000), the Regional Superintendent shall have the rank and qualification of
a Colony Senior Superintendent: Provided, further, That in prison and penal farms with an inmate
population of over five thousand (5,000), the Regional Superintendent shall have the rank and
qualification of the Chief Superintendent.

FACILITIES OF THE BUREAU OF CORRECTION (RA 10575 IRR)


Classifications of Dormitory
1) Type A Dormitory - above 500 inmates’ capacity and lot area of more than 1.5 hectares

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2) Type B Dormitory - 101 to 500 inmates’ capacity and lot area of 1.5 hectares
3) Type C Dormitory - 1 to 100 inmates’ capacity and lot area of 3,000 sq. m.
Cell Capacity (1 Cell: 4.7 sqm per inmate: 10 maximum inmate per cell: 5 Maximum Beds by 2
floors)
1) Ideal habitable floor area per Inmate = 4.7 square meters
2) Maximum number of inmates per cell = 10
3) Maximum number of bunks beds = 5 units two level
BUCOR 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 DOJ who shall have a tenure of 6 years.

BUROR MANNING LEVEL


1. 1:7 for the three (3) shifts and
2. reformation personnel-to- inmate ratio of 1:24 for one (1) shift.
3. The reformation ratio is broken down into the following:
a) Moral and Spiritual personnel-to-inmate ratio is 1:240; (1 priest: 240 inmates)
b) Education and Training personnel-to-inmate ratio is 1:120; (1 teacher; 120 inmates)
c) Work and Livelihood personnel-to-inmate ratio is 1:180; (1 vocational officer: 180
inmates)
d) Sports and Recreation personnel-to-inmate ratio is 1:225; (1 Sports officer: 225
inmates)
e) Health and Welfare personnel-to-inmate ratio is 1:80; and (1 health officer: 80
inmates)
f) Behavior Modification personnel-to-inmate ratio is 1:150. (1 Behavior Mod Officer:
150 inmates)
 Administrative personnel requirements which shall have a ratio of 1:14.58
 Engineering personnel ratio of 1:58.33
 Directorate of Reception and Diagnostics and External Relations combined personnel ratio
of Directorate for 1:120 (at 50% share each)
 Directorate for Inmate Documents and Records personnel ratio of 1:116.7
BUCOR OFFICERS BASIC QUALIFICATIONS
All of the requirements asked by law is very much the same as the PNP, BFP and BJMP but only
differs in mandatory AGE requirement which is 21 to 40 years old for the BuCor.

BUREAU OF JAIL MANAGEMENT AND PENOLOGY

MANDATES. The Bureau of Jail Management and Penology was created on January 2, 1991
pursuant to Republic Act 6975, replacing its forerunner, the Office of the Jail Management and
Penology of the defunct Phil. Constabulary/ Integrated National police. The BJMP has jurisdiction
over all district, city and municipal jails. It is a line bureau of the Department of the Interior and
Local Government (DILG).
As such, it shall ensure the establishment of secured, clean, adequately equipped, and sanitary
facilities and provision of quality services for the custody, safekeeping, and development of
district, city and municipal inmates, any fugitive from justice, or person detained, awaiting or
undergoing investigation or trial and/ or transfer to the National Penitentiary, and/ or violent
mentally ill person who endangers him/herself or the safety of others as certified by the proper
medical or health officer, pending transfer to a mental institution.

VISION-The BJMP envision it self as dynamic institution highly regarded for its sustain humane
safekeeping and development of inmates.

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

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

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a. Formulate policies and guidelines in the administration of all district, city and
municipal jails nation wide;
b. Implement strong security measures for the control of inmates;
c. Provides for the basic needs of inmates;
d. Conduct activities for the development of inmates;
e. Improve jail facilities; and,
f. Promote the general welfare and development of personnel.

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

a. Commitment- strong sense of dedication to the ideals of the organization and to the
public.
b. Respect for Human Rights- promote and protect the right of our fellow human
beings.
c. Efficiency/Competence-mastery of important skills for delivery of quality services.
d. Self-Discipline- the ability to act regardless of emotional state, or to withstand
undue and unjust influence.
e. Teamwork-the combined effective action of al personnel.

OBJECTIVES-The objectives of the Bureau are the following:

a. To improve the living conditions of inmates in accordance with the accepted standards
set by the UN.
b. To enhance safekeeping and development of inmates in preparation for their eventual
reintegration into the mainstream of society upon their release; and,
c. To professionalize jail services.

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

a. Humane treatment of inmates.


b. Observance of professionalism in that performance of duties.
c. Strengthened multi-sectoral approach in the safekeeping and development of inmates
through active partnership with other menders of the criminal justice system and
advocates in correction.

SAFEKEEPING FUNCTIONS. COURTS AND OTHER ENTITLES AUTHORIZED TO COMMIT A


PERSON TO JAIL- The following (course and entitles) are authorized to commit a person to jail.

a. Supreme Court
b. Court of Appeals
c. Sandiganbayan
d. Regional Trial Court
e. Metropolitan/Municipal Trial Court
f. Municipal Circuit Trial Court
g. Congress of the Philippines
h. All other administrative bodies or persons authorized by law to arrest and/or commit a
person to jail.

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

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


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

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

a. Insular Prisoner- one who is sentenced to a prison term of three (3) years and one (1)
day to death.
b. Provincial Prisoner-one who is sentenced to a prison term of six (6) months and one
(1) day three (3) years.
c. City Prisoner-one who is sentenced to a prison term of one (1) day to three (3) years.
d. Municipal Prisoner- one who is sentenced to a prison term of one (1) day to six (6)
months.

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

a. Undergoing investigation
b. Awaiting and undergoing trial; and,
c. Awaiting final judgment.

INMATES SECURITY CLASSIFICATION- The following are the classification inmates according
to risks:

a. High Risk Inmates- is the type of inmates that is incorrigible.


b. High Profile Inmates - an inmate that is prominent or have a high rank in our society or
government.
c. Ordinary Inmates - inmates that came from ordinary family.

REQUIREMENT FOR COMMITMENTS-The following are the requirements for commitment:

a. Commitment Order - issued by the court

b. Medical Certificate - issue by the medical officer of the BuCor or by a Public Physician
in the absent of the Medical officer of BuCor.

c. Police Booking Sheet- document from the police station that has the jurisdiction of the
crime. It composes of the Fingerprint Record of inmates, whole body and close-up
photograph of the inmates and other related document.

CUSTODY, SECURITY AND CONTROL EMERGENCY PLANS, MOVEMENT AND TRANSFER


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

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

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

c.. Maintain 24-hour supervision of inmates;

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

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

f. Supervise the proper use of tools and other potentially dangerous articles such as
bottles, acids, kitchen knives, etc., and keep them out of any inmates reach when not in
use;

g. conduct regular inmates count, at least four (4) times within a 24-hours period.
Establish procedures, which will insure beyond doubt, that every inmates is physically
present or accounted for, at every count.

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

i. Conduct frequent inspections of security facilities to detect tampering or defects;

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

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

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

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

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n. Designate a gate supervisor for every shift who will be made administratively
responsible and accountable for a daily activities at the entrance gate of jail;

o. Never allow a jail officer to open the inmates’ quarter alone. At lease one (1) other jail
officer should be present; and,

p. Select carefully the inmates to be assign as jail aide and maintain rigid control over
their activities. No inmate should be allowed to assumes any authority which belongs to
jail personnel or to exercise authority, supervision and control over other inmate.

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

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


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

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

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

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

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


following circumstances:

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

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


investigation, arraignment or hearing of a criminal case;
2) To appear, as witness with leave of court in any investigation or formal inquiry being
conducted by a government agency;
3) To view with leave of court the remains of a deceased relative within the second degree
of affinity or consanguinity; and,
4) To undergo with leave of court medical examination or treatment in an outside hospital
or clinic.

b. An inmate maybe transferred to another institution only upon specific order of the court
having jurisdiction over him/her, except in cases of serious illness where hospitalization is
necessary, and the detainee has to be immediately taken to the nearest hospital, with the Court
subsequently notified.

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

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d. For those inmates who wish to view the remains of the deceased relative, leave of court shall
be first obtained. However, the Warden may request reconsideration form the court to recall and
disapprove said order under any of the following grounds:

1) The deceased relative is lying-in-state in a place beyond thirty (30) –kilometer radius
from the place of confinement of the inmate or, in any case, where the inmate cannot
return to said place during daylight hours;

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

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

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

COOPERATION AMONG JAIL WARDENS ON TEMPORARY DETENTION OF INMATES – Jail


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

RULES TO BE FOLLOWED DURING MOVEMENT / TRANSFER OF INMATES – Whenever the


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

a) The responsibility for the security of the inmate being moved / transferred shall remain
with the custodian until received by another custodian. Whenever possible, it should be
made during daytime and it must be treated confidentially.
b) All jail officers shall be given detailed instructions on their duties and responsibilities, to
include that the most direct route to the destination must be followed.
c) An inmate moved / transferred shall be handcuffed .When two or more inmates are
transported, each must be secured to the other.
d) All inmates shall be inspected and searched for dangerous weapons or objects which
may be used for escape or self destruction.
f) The following basic security precautions shall be observed during the transfer /
movement of inmates:
1) Do not allow inmates to tinker with the handcuffs;
2) Regard all inmates as extremely notorious to avoid being careless;
3) Do not allow an inmate to go to a toilet or wash room alone;
4) A jail officer shall always walk one step behind and never in front of an
inmate. The inmate shall always precede the jail officer into an automobile..
5) Stopping along the highway while in transit is highly discouraged.
g) In case an inmate is moved / transferred from one jail to another facility or correctional
institution, his carpeta must be forwarded to the jail where he is to be confined and
duly received by the designated Records Custodian.

RIGHTS OF INMATES – Although the purpose for committing a person on jail is to deprive him
of liberty in order to protect society against crime, such person is still entitled to certain
rights even while in detention. These rights are:

a) The right to be treated as human being, and not to be subjected to corporal punishment;
b) The right to be informed of the regulations governing the detention center;
c) The right to adequate food, space and ventilation, rest and recreation;
d) The right to avail of medical, dental and other health services;
e) The right to be visited by his counsel anytime;
f) The right to practice his religious beliefs and moral precepts;
g)The right to vote unless disqualified by law
h) The right to separate detention facilities or cells particularly for women inmates;
i) If a foreigner, the right to communicate with his embassy or consulate.

PRIVILEGES ALLOWED FOR INMATES - Inmates may enjoy the following privileges:

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a) To wear their own clothes while in confinement;
b) To write letters, subject to censorship, provided that expenses for such correspondence shall
be borne by them;
c) To receive visitors during visiting hours. However, visiting privileges may be denied in
accordance with the rules and whenever public safety so requires;
d) To receive books, letters, magazines, newspapers and other periodicals that the jail
authorities may allow;
e) To be treated by their own doctor and dentist at their expense upon request from and
approval by appropriate authorities;
f) To be treated in a government or private hospital, provided it is deemed necessary and
allowed by the rules:
g) To request free legal aid if available:
h) To sport hair in their customary style, provided it is decent and allowed by the jail authorities;
i) To receive fruits and prepared foods, subject to inspection and approval by jail officials;
j) To read books and other reading materials available in the library, if any
k) To maintain cleanliness in their cells and brigades or jail premises and perform other work as
may be necessary for hygienic and sanitary purposes; and,
l) To be entitled to Good Conduct Time Allowance ( GCTA ) as provided by law.

GOOD CONDUCT TIME ALLOWANCE (GCTA)

“GOOD CONDUCT”
 Refers to the conspicuous and satisfactory behaviour of a detention or convicted prisoner
consisting of active involvement in rehabilitation programs, productive participation in
authorized work activities or accomplishment of exemplary deeds coupled with faithful
obedience to all prison jail rules and regulations;
“GOOD CONDUCT TIME ALLOWANCE”
 A privilege granted to a prisoner, whether detained or convicted by final judgement,
entitling him to a reduction of his jail or prison term for every month of actual detention
or service of sentence as a reward for good conduct and exemplary behaviour.

Who are Entitled?


As pursuant to Article 29 of the Revised Penal Code, as amended:
A) A detention prisoner qualified for credit for prevention imprisonment for his good
conduct and exemplary behaviour; and
B) A prisoner convicted by final judgement in any penal institution, rehabilitation or
detention center or any local jail for his good and exemplary behaviour.

Deductible Good Conduct Time Allowance


 A qualified prisoner, whether detained or convicted by final judgement, shall be entitled
to the following deduction from his sentence for good conduct:
A) During the first two years of imprisonment, he shall be allowed a deduction of
twenty days (20) for each month of good behavior during detention;
B) During the third to fifth year, inclusive of his imprisonment, he shall be allowed a
reduction twenty-three days of each month of good behavior during detention;
C) During the following years until the tenth year, inclusive for his imprisonment he
shall be allowed a reduction of twenty-five days for each month of good behavior
during detention; and
D) During the eleventh and successive years of his imprisonment, he shall be
allowed a deduction of thirty days of his month of good behavior during detention.

MODES AND GUIDELINES OF RELEASE - The following modes and guidelines shall be
observed when inmates are to be released from detention.
A. An inmate may be released through:
1) Service of Sentence
2) Order of the Court
3) Parole
4) Pardon
5) Amnesty
B. Before an inmate is released, he shall be properly identified to ensure that he is the same
person received and will be released . His marks and fingerprints shall be verified with
those taken when he was received. any changes or differences in his distinguishing marks and
scars shall be investigated to ascertain his real identity in order to prevent the mistaken
release of another person.

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C. No inmate shall be released on a mere verbal order or an order relayed by telephone. The
release of an inmate by reason of acquittal, dismissal of case, payment of fines and or indemnity,
or filing of bond shall be effected only upon receipt of the Release Order served by the Court
Process server. The Court Order shall bear the full name of the inmate, the crime he was charged
with, the criminal case number and such other details that will enable the Jail Officer to properly
identify the inmate to be released.

REPUBLIC ACT NO. 9263. An act providing for the professionalization of the Bureau of Fire
Protection and the Bureau of Jail Management and Penology, amending certain provisions of
the Republic Act No. 6975. This act is a consolidation of Senate Bill No. 2373 and House Bill
No. 6557, which was passed by the Senate and the House of Representatives on January 29,2004
and February 2, 2004, respectively and was signed and approved by Her Excellency Gloria
Macapagal-Arroyo on March 10, 2004 . Salient features of the law include upgrading of
salary, qualifications and the former Assistant regional Director, being the head in the region
was upgraded to full-fledge Regional Director.

INMATES DISCIPLINE AND ORDER is defined as the maintenance of good standards of works;
sanitation; safety; dedication; personal health and recreation and the ultimate goal is to
develop self reliance; self-control; self-respect; and most especially self-discipline.

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

INMATE’S WELFARE AND DEVELOPMENT PROGRAM (IWDP) “The Smarter Version of the
Rehabilitation Program” is a set of physical, psychological, intellectual, vocational, and
spiritual activities or interventions that facilitate inmate’s well-being and enhancement in
accordance with the accepted social norms and ethical standards. IWP Services and
Activities include: Provision of Basic Needs; Health Care Services; Livelihood Services;
Educational Services; Sports and Recreation Services; Visitation Services; Paralegal and
Religious Services.

INMATES CLASSFICATION UNIT (ICU) is a unit that receive, study, classify the inmates
committed to the jail and composed of trained IWDP personnel. It performed the following
functions: (1) Admission and Registration; (2) Identification Process; (3) Body Search and
Property Receipting; (4) Quarantine; (5) Assignment of Inmates; (6) and Inmates. The
procedures it undertakes are: systematic reception, identification and case studies; intake of
the initial interview; inmate assessment; inmate’s welfare and development plan; evaluation
scheme; discharge and follow-up care.

PROVINCIAL JAILS & YOUTH REHABILITATION CENTERS

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

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

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

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 House Bill No. 3441 An act amending Sections 61,62, 63, and 65 of Republic Act No.
6975 and Section 3 of Repu8clic Act no. 9263 placing for the purpose the Provincial and
Sub-Provincial Jails under the jurisdiction of the Bureau of Jail Management and Penology.

The Regional Rehabilitation Centers for Youth. These correctional facilities are maintained
and operated by the Department of Social Welfare and Development (DSWD). There are nine
Regional Rehabilitation Centers for Youth (RRCY) nationwide the National Training School for
Boys (NTSB) which are the places of destination for youthful offenders ranging from nine (9)
years old to below eighteen (18) years old.

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

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

 Republic Act no. 9344. An Act establishing a comprehensive Juvenile Justice and Welfare
System creating the Juvenile Justice and Welfare Council under the Department of Justice.
The salient features of this law includes the new definition of minimum age of criminal
responsibility, under Section 6 of this law it provided that a child fifteen (15) years of age
or under at the time of the commission of the offense shall be exempt from criminal
liability. However, the child shall be subjected to an intervention program pursuant to
Section 20 of this act. A child above fifteen (15) years old but below eighteen (18) years of
age shall be likewise be exempt from criminal liability and be subjected to an intervention
program, unless he/she has acted with discernment, in which case, such child shall be
subjected to the appropriate proceedings in accordance with this act.

“I alone know the plans I have for you plan to bring you prosperity and not disaster,
plans to bring about the future you hope.” Jeremiah 29:11.

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