Notes On CA 1 Institutional Corrections

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POLYTECHNIC COLLEGE OF LA UNION

COLLEGE OF CRIMINAL JUSTICE EDUCATION

NOTES ON CA 1- INSTITUTIONAL CORRECTIONS


PREPARED BY: PROF.HASSANOUR P. CALI, RCRIM,CCS,MSCJ

BASIC TERMS TO REMEMBER

PENOLOGY defined:

- The study of punishment for crime or of criminal offenders. It includes the study of control and
prevention of crime through punishment of criminal offenders.
- The term is derived from the Latin word “POENA” which means pain or suffering and
“POENALIS” which means punishment.
- Penology is otherwise known as Penal Science. It is actually a division of criminology that
deals with prison management and the treatment of offenders, and concerned itself with the
philosophy and practice of society in its effort to repress criminal activities.
- Penology has stood in the past and, for the most part, still stands for the policy of inflicting
punishment on the offender as a consequence of his wrongdoing.

Three Divisions of Criminology

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

Penal Management:
- Refers to the manner or practice of managing or controlling places of confinement as in jails
or prisons.

CORRECTION defined:
- A branch of the Criminal Justice System concerned with the custody, supervision and
rehabilitation of criminal offenders.
- It is that field of criminal justice administration which utilizes the body of knowledge and practices
of the government and the society in general involving the processes of handling individuals
who have been convicted of offenses for purposes of crime prevention and control.
- It is the study of jail/prison management and administration as well as the rehabilitation and
reformation of criminals.
- It is a generic term that includes all government agencies, facilities, programs, procedures,
personnel, and techniques concerned with the investigation, intake, custody, confinement,
supervision, or treatment of alleged offenders.

Correction as a Process:

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COLLEGE OF CRIMINAL JUSTICE EDUCATION

- Refers to the reorientation of the criminal offender to prevent him or her from repeating his
deviant or delinquent actions without the necessity of taking punitive actions but rather the
introduction of individual measures of reformation.

INSTITUTIONAL NON INSTITUTIONAL


The reformation and The reformation and
rehabilitation of criminal rehabilitation of criminal
offenders are held inside offenders are provided in
a correctional institution community / outside prison
or penal establishment
BJMP, DSWD, BUCOR Parole, Probation, Executive
Jails And Prisons Clemencies

Correctional Administration:

- 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

FAQ’S
BLUE-FLU – the practice of uniformed personnel of taking sick leave EN MASSE to back-up their
demands fro improved working conditions, salary increments, and other items on their agenda
COMPETENT AUTHORITY – refers to the Supreme Court, Court of Appeals, Regional Trial Court,
Metropolitan Trial Court, Municipal Trial Court, Municipal Circuit Trial Court, Sandigan Bayan,
Military Courts, House of Representatives, Senate, Commission on Elections, Bureau of
Immigration and Deportation and Board of Pardons and Parole.
CARPETA – refers to the institutional record of an inmate which consist 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.
CLASSIFICATION – refers to the assigning or grouping of inmates according to their sentence, gender,
age, nationality, health, criminal records, etc.
– a method by which diagnosis, treatment, planning and execution of treatment programs are
coordinated to an individual.
– the process of assigning inmates to types of custody or treatment programs appropriate to their
needs.
Also known as = DIVERSIFICATION
COMMITMENT ORDER – a written order of the court or any other competent authority consigning an
offender to a jail or prison for confinement.
CONTRABAND – any article, item, or thing prohibited by law and/or forbidden by jail rules.
Types of Contraband:
1. Illegal Contraband – prohibited by law
2. Nuisance Contraband – prohibited only by jail rules

COED INSTITUTION – or co-correctional institution which hold 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 out of
proportion to the real danger they present.

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DETERRENCE – a crime-control strategy that uses punishment to prevent others from committing
similar crimes.
DIVERSIFICATION – administrative device of correctional institutions of providing varied and flexible
types of physical plants for more effective control of treatment programs of its diversified
population.
DEINSTITUTIONALIZATION – a crime strategy that focuses on keeping the offenders in the community
rather than placing them in long-term institution.
DETERMINATE SENTENCE – a fixed period of incarceration imposed on the offender by the court
ESCAPE – an act of getting out unlawfully from confinement or custody by an inmate.
– Evasion of service of sentence (Art. 157, RPC)
– is derived from the Greek word ESCAPIO and from the Latin word ESCAPIUM which means BY
CHANCE OR ACCIDENT.

EXPUNGEMENT – the process by which the record of crime conviction is destroyed or sealed after
expiration of statutory required time.

FURLOUGH – authorization that permits inmate to leave containment, for emergency family crises,
usually accompanied by correctional officer. Crises include “death bed”.

RULES ON FURLOUGH
 Not more than 30 km radius from the prison facility
 More than 3o 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 compounds are disqualified to avail the privilege
of furlough

HALF-WAY HOUSES – are non-confining residential facilities for adjudicated adults or juvenile or those
subject to proceedings. They are alternative to containment for person not suited for probation that need
period for re-adjustment to the community after imprisonment

TYPES OF HALF WAY HOUSE

1. HALFWAY OUT – prerelease facility used 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. HALFWAY IN – consisting of prisoners who are half way in prison includes:
a. Probation Violators
b. Parole Violators
Note: half way house in NBP are 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

INDETERMINATE SENTENCE – sets minimum and maximum period of incarceration.

INSTRUMENT OF RESTRAINT – a device, contrivance, tool, or instrument used to hold back, keep in,
check, or control an inmate; e.g. hand cuffs, leg irons
JAILBREAK - the escape from jail by more than two (2) inmates by the use of force, threat, violence or
deceit or by breaching security barriers such as by scaling the perimeter fence, by tunneling

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COLLEGE OF CRIMINAL JUSTICE EDUCATION

and/or by other similar means or by burning or destructing of the facility or a portion of the facility
with or without the aid of jail officer or any other person.
MITTIMUS – a warrant issued by a court bearing its seal and the signature of the judge, directing the jail
or prison authorities to receive inmates for custody or service of sentence imposed therein.
OPERATION GREYHOUND – a surprise and unannounced invasion of a cell inside a prison facility
conducted by uniformed personnel of the prison establishment to search for any type of
contraband.
PENANCE – an ecclesiastical punishment inflicted by an ecclesiastical court for some spiritual offense.
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 – refers to information containing an 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 sentence, the number of previous convictions, if any,
and his behavior and conduct while in prison.

PROSELYTIZING – coercing an inmate to change and practice other religion


.
PRISONIZATION – process by which an inmate learns through socialization; the rules and regulation of
the penitentiary culture.

REHABILITATION – a program of activity directed to restore an inmate’s self-respect thereby making


him a law-abiding citizen after serving his sentence.
– to change an offender’s character, attitude or behavior patterns so as to diminish his or her criminal
propensities.

WEEK-END CONFINEMENT / DELAYED SENTENCE – offender is allowed to retain current


employment and permit sentences to be served during weekends.

.
HISTORICAL PERSPECTIVE ON CORRECTIONS

Important Dates and Events in the History of Corrections:

13TH CENTURY – SECURING SANCTUARY


- In the 13th C, a criminal could avoid punishment by claiming refugee in a church for a period of 40
days at the end of which time, he has compelled to leave the realm by a road or path assigned to
him.

BENEFIT OF THE CLERGY


In the 13th Century, a compromise between the church and the king, wherein any member of the
clergy brought to trial in the king’s court shall be claimed from the jurisdiction by the bishop
or chaplain representing him and placed under the authority of the ecclesiastical court.
It was provided for the clergies in Europe during the 12th Century by giving them exemption for
criminal punishment
- 1468 (England) – Torture as a form of punishment became prevalent.
- 16th Century – Transportation of criminals in England, was authorized. At the end of the 16th C,
Russia and other European Countries followed this system. It partially relieved overcrowding of
prisons. Transportation was abandoned in 1835.
- Piracy act of 1717 - was an act of the parliament of Great Britain that established a 7 years penal
transportation to North America as a possible punishment for those convicted of lesser felonies
- 17th C to late 18th C – Death Penalty became prevalent as a form of punishment.
GAOLS - (Jails) – pretrial detention facilities operated by English Sheriff.

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GALLEYS – long, low, narrow, single decked ships propelled by sails, usually rowed by criminals. A
type of ship used for transportation of criminals in the 16th century.
HULKS – decrepit transport, former warships used to house prisoners in the 18th and 19th century.
These were abandoned warships converted into prisons as means of relieving congestion of
prisoners. They were also called “floating hells”.
GULAGS
– the term Gulag of Igorot mountain tribe according to the linguist, refers to a wooden-fence where
convicted felons were imprisoned by the elders.
– At the height of the Banawe Rice-Terraces construction, thetribe’s chieftain considers it a crime for
any able-bodied male who refuses to work at the terraces, if found guilty of such idleness, he will
be sent to the Gulag.
GULAG OF GERMANY
– this is infamous Gulag prison of Aleksandr Solzhenitsyn in Germany, where thousands of Jews
were man-slaughtered during the reign of Adolph Hitler.

GULAG OF RUSSIA
– this is synonymous for corrective labor camp, a penal institution established in 1918 after the
Russian Revolution. It was the most feared prison during the reign of Joseph Stalin on 1934 to
1947.

PENOLOGICAL THEORIES

The first attempt to explain crime was made by the Athenian philosopher, Aristotle. In his book
“Nicomedean Ethics”, he discusses corrective justice, thus – “punishment is a means of restoring the
balance between pleasure and pain”.

THE EMERGENCE OF SECULAR LAW

4th A.D. - Secular Laws were advocated by Christian philosophers who recognizes the need for
justice. Some of the proponents these laws were St. Augustine and St. Thomas Aquinas.

Laws were distinguished:

1. External Law (Lex Externa)


2. Lex Divina (Divine Law)
3. Natural Law (Lex Naturalis)
4. Human Law (Lex Humana)

All these laws are intended for the common good, but the Human law only become valid if it does
not conflict with the other two laws.

The Judean—Christian Theory

Following the Secular Theory of punishment was the Judean or Christian Theory,
which was at its fullest development during the death of Christ in 30 A.D. This theory of
expiation believes that punishment has a redemptive purpose of repelling sin advocated by the
devil.

THE PRIMARY SCHOOLS OF PENOLOGY

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COLLEGE OF CRIMINAL JUSTICE EDUCATION

1. The Classical School – it maintains the “doctrine of psychological hedonism” or “free will”. That
the individual calculates pleasures and pains in advance of action and regulates his conduct by
the result of his calculations.
Basis of criminal liability – absolute human free will
Purpose of punishment - retribution
2. The Neo-classical School – it maintained that while the classical doctrine is correct in general, it
should be modified in certain details. Since children and lunatics cannot calculate the
differences of pleasures from pain, they should not be regarded as criminals, hence they
should be free from punishment.

Result of the Neo-Classical theory

 Exempting circumstances admitted


 Reduction of punishment for partial freedom of the will – only partial responsibility
 Punishment was mitigated for lack of full responsibility
 It represented the reaction against the severity of the classical theory of equal punishment
irrespective of circumstances

3. The Positivist/Italian School – the school that denied individual responsibility and reflected non-
punitive reactions to crime and criminality. It adheres that crimes, as any other act, is a natural
phenomenon. Criminals are considered as sick individuals who need to be treated by treatment
programs rather than punitive actions against them.
- treats criminals as sick individuals
- purpose of punishment is treatment is rehabilitation
4. Eclectic - it means selecting the best of various styles or ideas. Also known as mixed theory.

REDRESS (COMPENSATION) OF A WRONG ACT

Retaliation (Personal Vengeance) – the earliest remedy for a wrong act to any one (in the primitive
society). The concept of personal revenge by the victim’s family or tribe against the family or tribe
of the offender, hence “blood feuds” was accepted in the early primitive societies.
Fines and Punishment – Customs has exerted effort and great force among primitive societies. The
acceptance of vengeance in the form of payment (cattle, food, personal services, etc) became
accepted as dictated by tribal traditions. As tribal leaders, elders and later kings came into power,
they begun to exert their authority on the negotiations. Wrongdoers could choose to stay away
from the proceedings (Trial by ordeal) but if they refuse to abide by the law imposed, they will be
declared to be an outlaw.

Early Codes:

1. Babylonian and Sumerian Codes

a. Code of King Hammurabi (Hammurabic Code) – Babylon, about 1990 BC, credited as the
oldest code prescribing savage punishment, but in fact, Sumerian codes (Code of King Ur-Nammu)
were nearly one hundred years older.

- applied the doctrine of Lex Talionis (Law of Retaliation)


- believed in the philosophy of Tit for Tat

2. Roman and Greek Codes

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COLLEGE OF CRIMINAL JUSTICE EDUCATION

a. Justinian Code– 6th C A.D., Emperor Justinian of Rome wrote his code of law. An effort to match
a desirable amount of punishment to all possible crimes. However, the law did not survive due to
the fall of the Roman Empire but left a foundation of Western legal codes.

* The Twelve Tables (XII Tabulae), (451-450 BC) – represented the earliest codification of
Roman law incorporated into the Justinian Code. It is the foundation of all public and private law of
the Romans until the time of Justinian. It is also a collection of legal principles engraved on metal
tablets and set up on the forum.

b. Greek Code of Draco – In Greece, the Code of Draco, a harsh code that provides the same
punishment for both citizens and the slaves as it incorporates primitive concepts (Vengeance,
Blood Feuds).
* The Greeks were the first society to allow any citizen to prosecute the offender in the name of the
injured party.

3. The Burgundian Code (500 A.D) – specified punishment according to the social class of offenders,
dividing them into: nobles, middle class and lower class and specifying the value of the life of each
person according to social status.

EARLY CODES (PHILIPPINE SETTING)

The Spanish Civil Code became effective in the Philippines on December 7, 1889, the
“Conquistadores” and the “Kodigo Penal”(The Revised Penal Code today, 1930) was introduced by the
Spaniards promulgated by the King of Spain. Basically, these laws adopted the Roman Law principles
(Coquia, Principles of Roman Law, 1996).

Sometimes called as – “Ley Engiciamiento Criminal”

Mostly tribal traditions, customs and practices influenced laws during the Pre-Spanish
Philippines. There were also laws that were written which includes:

a. The Code of Kalantiao (promulgated in 1433) – the most extensive and severe law that
prescribes harsh punishment in Aklan and Panay Islands.
b. The Maragtas Code (by Datu Sumakwel of Ilo-ilo)
c. Sikatuna Law (Bohol)

Early Prisons

1. Mamertine Prison / Carcere Mamertino – the only early Roman place of confinement which is
built under the main sewer of Rome in 64 B.C

Other places of confinement in the history of confinement include FORTRESSES, CASTLES,


and TOWN GATES that were strongly built purposely against roving bands of raiders.

2. The most popular workhouse was the BRIDEWELL WORKHOUSE (1557) in London which was
built for the employment and housing of English prisoners.
- Named after St. Bridget Well

3. Wulnut Street Jail – originally constructed as a detention jail in Philadelphia. It was converted into
a state prison and became the first American Penitentiary.

4. Ergastalum – it is an ancient prison wherein prisoner are attached to workbenches and are forced
to do hard labor in the period of their imprisonment.

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5. Maison de Force (1627) – a house of correction in Ghent, Belgium which separate adult from
juveniles and women from men, an innovation to prison system during the 1600s. established by
Jean Jaques Villian (Father of Penitentiary Science)

6. Sing-sing Prison - was the third prison built by New York State. It is a maximum security prison
inflicted aside from floggings, denial of reading materials and solitary confinement. The shower
bath was a gadget so constructed as to drop a volume of water on the head of a locked naked
offender. The force of 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

7. Alcatraz (The Rock) - 1850 – the prison is located on an island in San Francisco Bay. It was
built for the military in the 1850's and used by them, as a fort and a prison until 1933 when it
passed to the Department of Justice thru the recommendation of Dir. John Edgar Hoover and
became a civil prison until it was closed in1963 thru the writings of James Bennet
- The hardest prison in history where number 1 public enemies are imprisoned like Al Capone.

Famous Escapees of Alcatraz (1962):

1. Frank Morris
2. Clarence and John Anglin

Olin Guy Blackwell - last warden of the Alcatraz prison.

8. Devil's island - French penal colony from 1852 to 1959 where political prisoners are exiled
9. Robben island - A prison complex located at the coast of
Capetown South Africa which serve as a refugee camp for people afflicted with leper before
converted into a prison.
10. Port Arthur - located in Tasmania, Australia, is a penal colony which is the destination for the
hardest English prisoner during the middle of the 19th century.
11. New Gate Prison - not a real prison but an abandoned copper mine of Simsbury Connecticut.
Inmates are confined underground (Black hole of horrors).

EARLY PRISONS IN THE PHILIPPINES:

During the Pre-Spanish period, prison system in the Philippines was tribal in nature. Village
chieftains administered it. It was historically traced from the early written laws.

Established in 1847 pursuant to Section 1708 of the Revised Administrative Code and formally
opened by Royal Decree in 1865, the first Bilibid Prison was constructed and became the central place
of confienment for Filipino Prisoners by virtue of the Royal decree of the Spanish crown.
In 1936, the City of Manila exchanges its Muntinlupa property with the Bureau of Prisons
originally intended as a site for boys’ training school. Today, the old Bilibid Prison is now being used as
the Manila City Jail, famous as the “ May Halique Estate”.

PUNISHMENT

- It is the redress (compensation) that the state takes against an offending member of society that
usually involve pain and suffering.

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COLLEGE OF CRIMINAL JUSTICE EDUCATION

- It is also the penalty imposed on an offender for a crime or wrongdoing.


- The authoritative imposition of something negative or unpleasant on a person in response to
behavior deemed wrong by law.

PENALTY and THE MODERN PERIOD OF CORRECTION

PENALTY is defined as the suffering inflicted by the state against an offending member for the
transgression of law.

Ancient Forms of Punishment:

1. Death Penalty / Capital Punishment – affected by burning, beheading, hanging, breaking at the
wheels, pillory and other forms of medieval executions.

DEATH CONVICT- This refers to an inmate death penalty/sentence imposed by the Regional Trial
Court is affirmed by the Supreme Court.

2. Physical Torture / Corporal Punishment– affected by maiming, mutilation, whipping and other
inhumane or barbaric forms of inflicting pain.

CORPORAL PUNISHMENT – the infliction of physical pain as a form of punishment.

3. Social Degradation – putting the offender into shame or humiliation.


4. Pillory - a wooden framework with holes for the head and hands, in which offenders were formerly
imprisoned and exposed to public abuse.
5. Banishment or Exile / ostracism / outlawry – the sending or putting away of an offender which
was carried out either by prohibition against coming into a specified territory such as an island to
where the offender has been removed.
- Presently known as Destierro

METHODS OF DEATH PENALTY EXECUTED IN THE PHILIPPINES

1. GARROTE
This became popular when three (3) friar’s priests, commonly addressed as GOMBURZA,
were executed in 1872 by the Spanish colonial rulers for exposing the venalities of the church.

An iron collar attached upon a scaffold formerly used in Spain and Portugal. The convict
is seated on the improvised chair with both hands and feet tied. Then, the victim’s neck is placed
on the collar attached to it, finally, the iron collar is slowly tightened by the screw at the back chair
by the executioner until the death convict is pronounced dead.
This method of execution was abolished in the Philippines by virtue of Act 451.

2. MUSKETRY / FIRING SQUAD


Our national hero, Dr. Jose Rizal, died due to the alleged rebellion to the Spanish
government. Drug Lord Lim Seng met his death sentence by firing squad in 1973 at Fort Bonifacio
during Martial Law.

3. BEHEADING / DECAPITATION
Apprehended guerillas were beheaded by Samurai Sword at the Japanese Kempetei Garrison
in 1943.

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Derived from the Latin word “DE” meaning FROM, and “CAPUT” meaning a HEAD. Instead of
using an axe, the method employed is by use of a sword and the practice is widespread in China and
Muslim States.

4. HANGING
The famous tiger of Malaysia Yamashita died of hanging from 13th footstep platform in
1946.

Mostly, the execution is conducted at dawn. The executioner will place a cloth over his
head. Steel weights are strapped to the legs of the death convict to ensure that he/she will die
quickly. Then the rope will be placed around the neck of the convict, and finally, the platform will
be removed

5. ELECTRIC CHAIR / SILIA ELECTRICA


The Muntinlupa electric, which was originally used way back 1926, is chair has claimed
more than seventy (70) offenders convicted of capital offenses since its installation four (4)
decades ago.
The convict is seated on a chair made of electrical conducting materials with strap of
electrodes on wrist, ankle and head. Upon orders, the levers will be pulled-up and the fatal volts of
alternating current pas the body until the convict dies. If ever the convict is still alive, the lever shall
be pulled again until he is pronounced dead.

6. LETHAL INJECTION / INTRAVENOUS POISONING

While the 1987 Constitution abolished death sentence, however, Congress in 1996 passed RA
7659 as amended by RA 8177 that imposes death penalty for heinous crime by lethal injection.

Developed in 1924 by an anesthesiologist in Nevada. Components of chemicals used in Lethal


Injection are: Non-lethal Dose / SODIUM THIOPENTAL – a sleep inducing barbiturate commonly used
in surgery to put the patient asleep; Lethal Dose / PANCURONIUM BROMIDE – a drug capable of
paralyzing the muscles; POTASSIUM CHLORIDE – capable of stopping heartbeat within seconds,
this is commonly used in Heart-by-pass operations.

OTHER FORMS OF EXECUTION

1. STONING TO DEATH / LAPIDATION


It is a form of execution wherein the condemned person is pelted with stones.

2. CRUCIFIXION
A person convicted to death was nailed on the cross with both hands and feet to add ignominy to
his agony and humiliation. He was crowned with the specter of spines of vines in his head. Then the
Roman pears were thrusts to his flesh body and died of asphyxiation.

3. BURNING AT STAKE
Form of execution wherein the convict is tied in pole and then set on fire alive.

4. PILLORY

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Bouvier’s dictionary defines pillory as a wooden machine, in which the neck of the
doomed culprit is inserted thereof and usually executed in public as a means of punishing
offenders in Europe and Colonial America.
Pillory is a wooden frame with three (3) curved holes in it (two for the left and right wrists
and the middle curved hole is for the neck) and mounted on the post upon a platform. The
condemned man is left to die at the mercy of unfriendly weather. Other similar form with holes for
the offender’s feet is called a STOCK.

5. FLAGELLATION
An X-designed log were cross-joined and declined at 65 degrees backward. The hooded
doomed-man was tied on the cross-x with both hands spread upward while the feet were spread
apart. The con-man is bare naked except in the skimpy short pants.
The whipping rod is made of stripped hard leather with brass button in laid across and
embedded at the tips. At the given signal, six men will whip 30 lashes each alternately and will
continue, except upon the intercession of the victim or the State. This intervention of the aggrieved
party to stop is tantamount to pardon and the man shall be released to freedom.

6. GUILLOTINE
A device for cutting-off people’s head developed in 1972 by Dr. Joseph Ignacio
Guillotin, a member of the French National Assembly, he proposed that all executions must be
uniform and painless.

7. GAS CHAMBER
Invented after World War I by a medical Corp’s Officer of the US Army as an alternative
to electric chair. In medical term, the convict will die from HYPOXIA which means death due to the
cutting-off of oxygen in the brain.

8. IMPALEMENT - (IMPALING) a form of capital punishment, is the penetration of an organism by an


object such as a stake, pole, spear or hook, by complete (or partial) perforation of the body, often
the central body mass. Killing by piercing the body with a spear or sharp pole.

Early Forms of Prison Discipline:

1. Hard Labor - productive works.


2. Deprivation – deprivation of everything except the bare essentials of existence
3. Monotony – giving the same food that is “off” diet, or requiring the prisoners to perform drab or
boring daily routine.
4. Uniformity – “we treat the prisoners alike”. “ the fault of one is the fault of all”.
5. Mass Movement – mass living in cell blocks, mass eating, mass recreation, mass bathing.
6. Degradation – uttering insulting words or languages on the part of prison staff to the prisoners to
degrade or break the confidence of prisoners.
7. Corporal Punishment – imposing brutal punishment or employing physical force to intimidate a
delinquent inmate.
8. Isolation or Solitary Confinement / BARTOLINA – non-communication, limited news, “ the lone
wolf”.
BJMP = 1 TO 7 DAYS
BUCOR = 1 MONTH TO 2 MONTHS
UN RULES = 22 hours – 15 days

Contemporary Forms of Punishment:

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1. Imprisonment / isolation / incarceration / commitment / incapacitation– putting the offender in


prison for the purpose of protecting the public against criminal activities and at the same time
rehabilitating the prisoners by requiring them to undergo institutional treatment programs.

Duration of Penalties

1. Death Penalty – Capital punishment


2. Life imprisonment – life time imprisonment for SPL
3. Reclusion Perpetua – 20 yrs and 1 day up to 40 years
4. Reclusion Temporal – 12 yrs and 1 day to 20 years imprisonment
5. Prision Mayor – 6 yrs and 1 day to 12 years
6. Prision Correctional – 6 months and 1 day to 6 years
7. Arresto Mayor – 1 month and 1 day to 6 months
8. Arresto Menor – 1 day to 30 days
9. Bond to Keep the Peace – discretionary on the part of the court.
2. Parole - a conditional release of a prisoners after serving part of his/her sentence in prison for the
purpose of gradually re-introducing him/her to free life under the guidance and supervision of a
parole officer.
3. Probation – a disposition whereby a defendant after conviction of an offense, the penalty of which
does not exceed six years imprisonment, is released subject to the conditions imposed by the
releasing court and under the supervision of a probation officer.
4. Fine – an pecuniary amount given as a compensation for a criminal act.
5. Destierro – the penalty of banishing a person from the place where he committed a crime,
prohibiting him to get near or enter the 25-kilometer perimeter.

PURPOSES/JUSTIFICATIONS OF PUNISHMENT

1. Retribution (personal VENGEANCE / REVENGE)– the punishment should be provided by the


state whose sanction is violated, to afford the society or the individual the opportunity of imposing
upon the offender suitable punishment as might be enforced. Offenders should be punished
because they deserve it.

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

3. Deterrence – punishment gives lesson to the offender by showing to others what would happen to
them if they violate the law. Punishment is imposed to warn potential offenders that they can not
afford to do what the offender has done.

4. Incapacitation and Protection – the public will be protected if the offender has being held in
conditions where he can not harm others especially the public. Punishment is effected by placing
offenders in prison so that society will be ensured from further criminal depredations of criminals.
5. Reformation or Rehabilitation – it is the establishment of the usefulness and responsibility of the
offender. Society’s interest can be better served by helping the prisoner to become law abiding
citizen and productive upon his return to the community by requiring him to undergo intensive
program of rehabilitation in prison.

VI. THE AGE OF ENLIGHTENMENT / AGE OF REASON

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COLLEGE OF CRIMINAL JUSTICE EDUCATION

18th Century is a century of change. It is the period of recognizing human dignity. It is the
movement of reformation, the period of introduction of certain reforms in the correctional field by certain
person, gradually changing the old positive philosophy of punishment to a more humane treatment of
prisoners with innovational programs.

JURIDICAL CONDITIONS (LEGAL REQUISITES) OF PENALTY

Punishment must be:

1. Productive of suffering – without however affecting the integrity of the human personality.
2. Commensurate with the offense – different crimes must be punished with different penalties (Art.
25, RPC).
3. Personal – the guilty one must be the one to be punished, no proxy.
4. Legal – the consequence must be in accordance with the law.
5. Equal – equal for all persons.
6. Certain – no one must escape its effects.
7. Correctional – changes the attitude of offenders and become law-abiding citizens.

THE PIONEERS CORRECTIONAL SYSTEM:

1. 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.

2. Charles Montesiquieu (Charles Louis Secondat, Baron de la Brede et de Montesiquieu)


- (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 crime.

3. VOLTAIRE (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.
4. Cesare Bonesa, Marchese de Beccaria (1738-1794)
- He wrote an essay entitled “An Essay on Crimes and Punishment”, the most exiting essay on law
during this century. It presented the humanistic goal of law.
- “let the punishment fit the crime”

5. Jeremy Bentham (1748-1832) the greatest leader in the reform of English Criminal law. He
believes that whatever punishment designed to negate whatever pleasure or gain the criminal
derives from crime, the crime rate would go down.
- Proposed the philosophy of utilitarianism
- Advocated the imaginary mathematical formula of felicific calculus

- Bentham was the one who devise the ultimate PANOPTICAN PRISON – a prison that consists of
a large circular building containing multi cells around the periphery. It was never built.
Panopticon – to see everything or to observe

6. John Howard (1726 – 1790)

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– the sheriff of Bedsfordshire in 1773 who devoted his life and fortune to prison reform. After his
findings on English Prisons, he recommended the following: single cells for sleeping -
segregation of women - segregation of youth - provision of sanitation facilities - abolition
of fee system by which jailers obtained money from prisoners.
- Father of prison reform in the world, great prison reformer
- a philanthropist and the first English prison reformer

7. Elam Lynds - warden of the Auburn and later of Sing Sing (which he built), was one of the most
influential persons in the development of early prison discipline in America. He is described as
having been a strict disciplinarian who believe that all convicts were cowards who could not be
reformed until their spirit was broken. To this end he devised a system of brutal punishments and
degrading procedures, many of which remained as accepted practice until very recent times

8. Jean Jacques Villain - Father of Penitentiary Science


- pioneered classification to separate women and children from hardened criminals.

9. James V. Bennett - Director of Federal Bureau of Prisons, Wrote about closing of Alcatraz
Prison , Built the Federal Correctional Institution in Seagoville Texas

10. Elizabeth Fry - An English reformer sometimes referred to as the "angel of prisons" because of
her driving force behind new legislation to treat prisoners humanely

The Reformatory Movement:

1. Alexander Mocanochie – He is the Superintendent of the penal colony at Norfolk Island in


Australia (1840) who introduced the “Mark System”. A system in which a prisoner is 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.
- Father of parole (in Australlia)

2. Manuel Montesimos – The Director of Prisons 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.

3. Domets of France / Frederick August Demets – established an agricultural colony for


delinquent boys in 1839 providing housefathers as in charge of these boys. The boys were
housed in cottages with house fathers as in charge. The system was based on re-education
rather than force. When discharge the boys were place under the supervision of a patron.

4. Sir Evelyn Ruggles Brise – The Director of the English Prison who opened the Borstal Institution
for young offenders. The Borstal Institution is considered as the best reform institution for young
offenders today.
Borstal Reformatory – the first juvenile reformatory in England. The Borstal Institution of England
is today considered best reform institutions for young offenders.

New York House of Refuge - the first juvenile reformatory in USA.

5. Walter Crofton – He is the Director of the Irish Prison in 1854 who introduced the Irish system
that was modified from the Mocanochie’s mark system.

- Progressive mark system


- Irish System
- Father of parole in Ireland

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POLYTECHNIC COLLEGE OF LA UNION
COLLEGE OF CRIMINAL JUSTICE EDUCATION

4 STAGES OF IRISH SYSTEM

I. The first stage of the Irish system was solitary confinement for nine months at a certain prison
II. The second stage was an assignment to the public works at Spike Island. The prisoner worked
his promotion through a series of the grades, according to a mark system
III. In the third stage the prisoner without custodial supervision and was expose to ordinary temptations of
freedom.
IV. The final stage was the release on supervision under conditions equivalent to present day
parole.

6. Zebulon Brockway – The Director of the Elmira Reformatory in New York (1876) who
introduced certain innovational programs like the following: training school type - compulsory
education of prisoners - casework methods - extensive use of parole - indeterminate sentence

* The Elmira Reformatory (The Hill) is considered forerunner of modern penology because it had all
the elements of a modern system. Extensively used Non-institutional Corrections. A new institutional
program for boys from 16 to 30 years of age.

- ESTABLISHED ON 1876

GOLDEN AGE OF PENOLOGY – 1870 – 1880

Events: (ACA – IPPC – ER – CIW)

1. The National Prison Association, now American Correctional Association (ACA), was
organized and its first annual Congress was held in Cincinati, Ohio.
2. The first International Prison Congress (IPC) was held in London. Representative of the
government of the United States and European countries attended it. As a result of this congress,
the International Penal and Penitentiary Commission, an inter-governmental organization was
established in 1875 with headquarters at The Hague.
3. The Elmira Reformatory, which was considered as the forerunner of modern penology, was
opened in Elmira, New York in 1876. The figures of Elmira were a training school type of
institutional program, social casework in the institution, and extensive of parole.
4. The first separate institutions for women were established in Indiana and Massachusetts.

THE TWO RIVAL PRISON SYSTEM IN THE HISTORY OF CORRECTION

A. The Auburn Prison System – the prison system called the “Congregate System” / GROUP
SYSTEM
- The prisoners are confined in their own cells during the night and congregate work in shops
during the day. Complete silence was enforced.

HARD WOOD SHOPS – place where prisoners do their labor

B. The Pennsylvania Prison System – the prisons system called “Solitary System” / SILENT
SYSTEM / SEPARATE SYSTEM. Prisoners are confined in single cells day and night where
they lived, they slept, and they ate and receive religious instructions. Complete Silence was also
enforced. They are required to read the Bible.

In 1934, the League of Nations adopted the “Standard Minimum Rules for the Treatment
of Prisoners “, drafted by the IPCC. The League requested all governments to give the greatest
possible publicity to the Rules; to take the necessary measures in order that they might be observed;

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COLLEGE OF CRIMINAL JUSTICE EDUCATION

and to submit regular reports regarding their application and regarding the prison reforms achieved in
the respective countries
PRISON

- A penitentiary, an institution for the imprisonment (incarceration) of persons convicted of major/


serious crimes.
- A building, usually with cells, or other places established for the purpose of taking safe custody or
confinement of criminals.
- A place of confinement for those for those charged with or convicted of offenses against the laws
of the land.

PRISON – a public building or other place for the confinement of person, whether as a punishment
imposed by the law or otherwise in the course of the administration of justice

– (as defined in the Bureau of Corrections Operating Manual) it also refers to a penal
establishment under the control of the Bureau of Corrections and shall include the New Bilibid Prison,
the Correctional Institution for Women, Leyte Regional Prison, and the Davao, San Ramon, Sablayan,
and Iwahig Prison and Penal Farms.

WHO IS A PRISONER / INMATE?

- A prisoner is a person who is under the custody of lawful authority. A person, who by reason of his
criminal sentence or by a decision issued by a court, may be deprived of his liberty or freedom.
- A prisoner is any person detained/confined in jail or prison for the commission of a criminal
offense or convicted and serving in a penal institution.
- A person committed to jail or prison by a competent authority for any of the following reasons: To
serve a sentence after conviction – Trial – Investigation

INMATE – (brief definition) either a prisoner or detainee confined in jail.


- (as defined in Bureau of Corrections Operating Manual) refers to a national prisoner or one
sentenced by the court to serve a maximum term of imprisonment of more than three (3) years or to
a fine of more than one thousand pesos (P1, 000.00); or regardless of the length of the sentence
imposed by the court, to one sentenced for violation of the Customs Law or other laws within the
jurisdiction of the Bureau of Customs or enforceable by it, or violation of immigration and election
laws; or to one sentenced to serve two (2) or more prison sentences in the aggregate exceeding
the period of three (3) years, whether or not he has appealed. It shall include a person committed to
the Bureau by a court or competent authority for safekeeping or similar purpose. Unless otherwise
indicated, “inmate” shall also refer to a “detainee.”

PERSON DEPRIVED OF LIBERTY - Refers to a detainee, inmate, or prisoner, or other person under
confinement or custody in any other manner. However, in order to prevent labeling, branding or
shaming by the use of these or other derogatory words, the term “prisoner” has been replaced by this
new and neutral phrase

General Classification of Prisoners

1. Detention Prisoners – those detained for investigation, preliminary hearing, or awaiting trial. A
detainee in a lock up jail. They are prisoners under the jurisdiction of Courts.

ALSO KNOWN AS “DETAINEE” – person who is confined in prison pending preliminary investigation,
trial or appeal; or upon legal process issued by the competent authority.
– a person accused before a court or competent authority who is temporarily confined in jail while
undergoing investigation, awaiting final judgment.

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COLLEGE OF CRIMINAL JUSTICE EDUCATION

2. Sentenced Prisoners – offenders who are committed to the jail or prison in order to serve their
sentence after final conviction by a competent court. They are prisoners under the jurisdiction of
penal institutions.

3. Prisoners who are on Safekeeping – includes non-criminal offenders who are detained in order
to protect the community against their harmful behavior. Ex. Mentally deranged individuals, insane
person.

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.

JAIL VS PRISON

CATEGORIES JAIL PRISON


Purpose Accept inmates who Accepts inmates
committed minor who committed
offense major offense
Agency BJMP BUCOR
Department DILG DOJ
Law RA 6975 Act 1407
RA 9263 EO 292
RA 10575
Date of January 2, 1991 November 1, 1905
Creation
Powers Accepts Detainees Accepts offenders
and Convicts with 3 with above 3 years
years of imprisonment
imprisonment
Jurisdiction Controls all City, Supervised all
Municipal and seven (7) insular
District Jails prisons in the
Country
Agency Head C, BJMP Director General
(Director Rank) (USec)
Local Head Warden Superintendent
Personnel Jail Officers Correction Officers
Uniform of Yellow Max – Tangerine
Inmates Med – Blue
Min – Brown

Classification of Sentenced Prisoners:

1. Insular or National Prisoners


- Those sentenced to suffer a term of sentence of 3 years and 1 day to life imprisonment.
- Those sentenced to suffer a term of imprisonment cited above but appealed the judgment and
unable to file a bond for their temporary liberty.
2. Provincial Prisoners
- Those persons sentenced to suffer a term of imprisonment from 6 months and 1 day to 3 years or
a fine not more than 1,000 pesos, or both; or
- Those detained therein waiting for preliminary investigation of their cases cognizable by the RTC.

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POLYTECHNIC COLLEGE OF LA UNION
COLLEGE OF CRIMINAL JUSTICE EDUCATION

Nota Bene:

Provincial Jail (1910) - under the office of the Governor. Where the imposable penalty for the crime
committed is more than six months but not more than 3 years and the same was committed
within the municipality, the offender must serve his or her sentence in the provincial jail. Where the
penalty imposed exceeds three years, the offender shall serve his or her sentence in the penal
institutions of the Bureau of Corrections.

3. City Prisoners
- Those sentenced to suffer a term of imprisonment from 1 day to 3 years or a fine of not more than
1,000 pesos or both.
- Those detained therein whose cases are filed with the MTC.
- Those detained therein whose cases are cognizable by the RTC and under Preliminary
Investigation.

4. Municipal Prisoners

- Those confined in Municipal jails to serve an imprisonment from 1 day to 6 months.


- Those detained therein whose trials of their cases are pending with the MTC.

CLASSIFICATION OF PRISONERS ACCORDING TO DEGREE OF SECURITY:

1. Super Maximum-Security Prisoners (inapplicable to the Philippine setting)


- A special group of prisoners composed of incorrigible, intractable, and highly dangerous persons
who are the source of constant disturbances even in a maximum-security prison.
- They wear orange color of uniform.

2. Maximum Security Prisoners


- The group of prisoners whose escape could be dangerous to the public or to the security of the
state.
- It consists of constant troublemakers but not as dangerous as the super maximum-security
prisoners. Their movements are restricted and they are not allowed to work outside the institution
but rather assigned to industrial shops with in the prison compound.
- They are confined at the Maximum-Security Prison (NBP Main Building), they wear orange color
of uniform.
- Prisoners includes those sentenced to serve sentence 20 years or more, or those whose
sentenced are under the review of the Supreme Court, and offenders who are criminally insane
having severe personality or emotional disorders that make them dangerous to fellow offenders or
staff members.

3. Medium Security Prisoners

- Those who cannot be trusted in open conditions and pose lesser danger than maximum-security
prisoners in case they escape.
- It consist of groups of prisoners who may be allowed to work outside the fence or walls of the
penal institution under guards or with escorts.
- They occupy the Medium Security Prison (Camp Sampaguita) and they wear blue color of
uniforms. Generally, they are employed as agricultural workers.
- It includes prisoners whose minimum sentence is less than 20 years and life-sentenced prisoners
who served at least 10 years inside a maximum security prison.

4. Minimum Security Prisoners

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COLLEGE OF CRIMINAL JUSTICE EDUCATION

- A group of prisoners who can be reasonably trusted to serve sentence under “open conditions”.
- This group includes prisoners who can be trusted to report to their work assignments without the
presence of guards.
- They occupy the Minimum Security Prison (Camp Bukang Liwayway) and wear brown color
uniforms.

CLASSIFICATION OF INMATES AS TO PRIVILEGES

1. 3rd Class – committed for three or more time as sentenced prisoner.


2. 2nd Class – newly arrived inmate, demoted from 1st class or promoted from 3rd class
3. 1st class – known for character and credit for work while in detention or one promoted from 2nd
class
4. Colonist – after one year after being promoted from 1st class who served with good conduct the 1/5
of his maximum sentence or served 7 years of his life sentence.

PRIVELEGES OF A COLONIST

1. Automatic commutation to 30 years of life imprisonment


2. Deduction of 5 days / month (GCTA)
3. Wear civilian clothes
4. Can live with his family
5. Subsidy from the Government
6. Transportation allowance
7. Use of Prison facilities

ORIGIN OF THE WORD PRISON

- the word prison was derived from the Greco-Roman word PRESIDIO
- “PRE” means BEFORE and SIDIO means INSIDE. It is synonymous to a fenced-cave or dungeon.

THE PHILIPPINE PRISON SYSTEM

The Philippine prison system is patterned after the Federal Bureau of Prisons of the United
States. It is a bureau within the Department of Justice.

Bureau of Corrections

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.

Bureau of Prisons was renamed Bureau of Corrections under Executive Order 292
(Administrative Code) passed during the Cory Aquino Administration. It states that the head of the
Bureau of Corrections is the Director of Prisons who is appointed by the President of the
Philippines with the confirmation of the Commission of Appointments.

RA 10575 - ALSO KNOWN AS THE “ACT STRENGTHENING THE BUREAU OF CORRECTIONS


AND PROVIDING FUNDS THEREFORE” ALSO KNOWN AS THE BUCOR LAW OF 2013”

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POLYTECHNIC COLLEGE OF LA UNION
COLLEGE OF CRIMINAL JUSTICE EDUCATION

The Bureau of Corrections has general supervision and control of all seven (7) national /
insular prisons or penitentiaries. It is charged with the safekeeping of all Insular Prisoners confined
therein or committed to the custody of the Bureau.
BP 28 - law that change the name penal colony to penal farm

THE SEVEN OPERATING CORRECTIONAL FACILITIES IN THE PHILIPPINES

Prior to the establishment of Bilibid Prison, prisoners were confined in jails under the jurisdiction of
Commandancias where law enforcement units were stationed. Commandancias were established in
practically every province of the country.

1. BILIBID PRISONS

a. OLD BILIBID PRISON (CARCEL Y PRESIDIO CORRECTIONAL) – the main insular penitentiary
during the Spanish regime. This was constructed in 1847 and was formally inaugurated in 1865
by virtue of the Royal Decree of the Spanish Crown. This is located at Azcaraga St. (now Recto
Ave.) then famous “May Haligue Estate” at nearby Central Market at Oroquieta St.. This was
constructed in radical spokes-of-a-wheel form with a tower in the center spoke for easy
command and control.

COMPOSED OF 2 COMPOUNDS:

1. CARCEL – 600 INMATE CAPACITY


2. PRESIDIO – 527 INMATE CAPACITY

Commonwealth Act No. 67 was enacted, appropriating one million (P1,000.000.00) pesos for the
construction of a new national prison in the southern suburb of Muntinlupa, Rizal in 1935. The old prison
was transformed into a receiving center and a storage facility for farm produce from the colonies

In 1936, the City of Manila exchanged its Muntinlupa property with that of the Bureau of Prison lot,
the Muntinlupa property was intended as a site for Boys Training School, but because it was too far, the
City preferred the site of the Old Bilibid Prison, the present site of Manila City Jail (BJMP).

b. NEW BILIBID PRISON, Muntinlupa City (Approximately 552 hectares) – this is where the
Bureau of Corrections Central Office. The New Bilibid Prison has a capacity of 3,000 Prisoners.
Within the complex are the three (3) security camps administered by a Penal Superintendent and
assisted by as Asst. Superintendent in each Camp.

The New Bilibid Prison has a capacity of 3,000 Prisoners.

THE THREE (3) SECURITY CAMPS

a. MAXIMUM SECURITY COMPOUND (Main Building) is for prisoners whose sentences are 20
years and above, life termers or those under capital punishment, those with pending cases, those
under disciplinary punishment, those whose cases are on appeal, those under detention, and those
that do not fall under medium and minimum security status.
= wears tangerine shirt
= not allowed to do furlough
- This type of institution is characterized by thick all enclosures, 18 to 25 feet high. On top of the
wall are catwalks along which the guards patrol at night. At corners and strategic places are tower
posts manned by heavily armed guards.

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POLYTECHNIC COLLEGE OF LA UNION
COLLEGE OF CRIMINAL JUSTICE EDUCATION

b. MEDIUM SECURITY COMPOUND (also known as Camp Sampaguita) is for prisoners whose
sentences are below 20 years (computed from the minimum sentences per classification
interpretation) and those classified for colony assignment.

- This type of institution is usually enclosed by two layers of wire fence. The inner fence is 12 to
14 feet high with curb and the outer fence is 8 to 12 feet high. The two fences are from 18 to 20
feet apart. Usually the top portion of the fence is provided with barbed wire.
c. MINIMUM SECURITY COMPOUND (also referred to as Camp Bukang Liwayway) is an open
camp with less restrictions and regimentation. This is for prisoners who are 65 years old and above,
medically certified as invalids and for those prisoners who have six months or less to serve before
they are released from prison.

 The lethal injection chamber is also located here.

 This type of institution is usually without a fence, and if there is one, its purpose is to keep
away the civilian population from entering the institution rather than preventing escapes.

The New Bilibid Prison specializes in the industrial type of vocational training. It operates a
furniture shop, shoe repairing shop, blacksmith and tinsmith shop, auto mechanics and
automobile body building shop, tailoring, electronics, watch-repairing carpentry, and rattan
furniture shop. It is also engaged in track gardening, poultry, piggery and animal husbandry.

2. SAN RAMON PRISON AND PENAL FARM, Zamboanga del Sur – founded by Capt. Ramon
Blanco, a member of the Spanish Royal Army and named the prison facility after his patron saint.
This was initially intended for the confinement of political prisoners during Spanish era. It
was closed during the Spanish-American War and was reopened during the American occupation.
It has three facilities (maximum, medium, minimum). The penal farm was designed to promote
agro-industrial activities.

On August 21, 1869, the San Ramon Prison and Penal Farm in Zamboanga City was
established to confine Muslim rebels and recalcitrant political prisoners opposed to the Spanish rule.
The facility, which faced the Jolo sea had Spanish-inspired dormitories and was originally set on a
1,414-hectare sprawling estate.

Land area: Currently approximately 1,546 hectares


Principal product: Copra, rice, coffee, etc.
Year established: 1869 – 1870

- 2nd oldest prison after OBP

San Ramon has an average population of 1,200 prisoners

3. IWAHIG PRISON AND PENAL FARM (Luhit), Puerto Princesa, Palawan

The Americans established in 1904 the LUHIT PENAL SETTLEMENT (now 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. Located on the westernmost part of the archipelago far from the main town to confine
incorrigibles with little hope of rehabilitation, the area was expanded to 41,007 hectares by virtue of
Executive Order No. 67 issued by Governor Newton Gilbert on October 15, 1912.

- ENVISIONED BY : Gov. Luke E. Wright


- ORDERED BY: Gov. Forbes

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- Envisioned as an institution for incorrigible criminals, however, the first contingent of prisoners
to be confined revolted against the authorities.
- On November1, 1905 under the Reorganization Act 1407, the policy was changed, instead of
putting hardened criminals, well behaved and obedient inmates were sent to the colony
- The farm is predominantly designed for agro-industrial activities. Within its area are four (4) sub-
colonies:

1. Central sub-colony
2. Sta. Lucia sub-colony
3. Montible subcolony
4. Inagawan sub-colony

- All these colonies are administered by a Penal Supervisor


- It administers the Tagumpay Settlement, which is approximately 1, 000 hectares, with six
hectares homestead lots distributed to inmates who desired to live in the settlement after service
of sentence.
- One of the best open institutions in the world.

Date established: Nov. 16, 1905


By virtue of: Reorganization Act of 1407
Land area: Approximately 36, 000 hectares – 41,007 (1912)
Principal product: rice, corn, copra and other forest product

- Largest penal colony


- Prison without walls
- The most open prison facility
- The best and the finest prison

4. CORRECTIONAL INSTITUTION FOR WOMEN, Mandaluyong City


- The only female institution in the Philippines
- Since 1934, a female Superintendent was assigned to supervise the prison facility.
- LOCATED AT WELFARE VILLE MANDALUYONG CITY

Year established: 1931

By virtue of: Act 3579 which was passed on Nov. 27, 1929
Vocational activities: Dress making, beauty culture, handicrafts
Capacity: 200

Trivia

First Women's Prison - opened in Indiana 1873. Based on the reformatory model.

5. LEYTE REGIONAL PRISON, Abuyog, S. Leyte

Date established: Jan. 16, 1973


- under Proclamation No. 1101
- It is a prison facility, which has a receiving and process station.
- It has three security facilities – maximum, medium, minimum
- Because of its terrain, prison agro-industrial activities could not be fully developed.
- Youngest prison

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COLLEGE OF CRIMINAL JUSTICE EDUCATION

- Built during martial law - Ferdinand Marcos


- Fastest growing prison
- Max capacity – 500 prisoners

6. SABLAYAN PRISON AND PENAL FARM, Sablayan, San Jose, Mindoro Occidental

- With four sub-colonies within the prison compound:


1. Central sub-colony
2. Pusog sub-clony
3. Pasugui sub-colony
4. Yapag sub-colony

- This penal farm is intended for agro-industrial activities

Land area: Approximately 16, 408.5 hectares


By virtue of: Proclamation no. 72
Date established: Sept. 26, 1954
Principal product: Rice

- NEAREST PENAL COLONY IN MANILA

7. DAVAO PRISON AND PENAL FARM, Tagum, Davao del Norte


- The Davao Penal Colony was established on January 21, 1932, in accordance, with Act No. 3732
and Proclamation No. 414, series of 1931. With two sub-colonies:
1. Panabo sub-colony
2. Kapalong sub-colony
- Administer the Tanglaw Settlement for those inmates who desire to live within the compound

- 30,000 HECTARES
- First headed by: GEN. PAULINO SANTOS
- RICHEST AND HIGHEST INCOME EARNER
- BIGGEST BANANA AND ABACA PLANTATION

NON – OPERATIONAL PRISONS IN THE PHILIPPINES

1. FORT BONIFACIO
A committee report submitted to then President Carlos P. Garcia described Fort Bonifacio,
formerly known as Fort William McKinley, as a military reservation located in Taguig, 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.
5. CORREGIDOR PRISON
In 1908 during the American regime, some 100 prisoners were transferred from the Old Bilibid
Prison to Corregidor Island to work under military authorities. This move was in accordance with an
order from the Department of Instructions, which approved the transfer of inmates so they could assist
in maintenance and other operations in the stockade.

6. BONTOC PRISON

The Philippine Legislature during the American regime passed Act No. 1876 providing for the
establishment of a prison in Bontoc in Mountain Province. The prison was built for the prisoners of the

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province and insular prisoners who were members of the non-Christian tribes of Mountain Province
and Nueva Vizcaya.

ADMISSION PROCEDURES IN PRISON

1. RECEIVING – the new prisoner is received at the RDC. The new prisoner usually comes from a
provincial or city jail where he was immediately committed upon conviction by the court, and
escorted by the escort platoon during his transfer to the National Prison.
2. CHECKING OF COMMITMENT PAPERS – the receiving officer checks the commitment papers if
they are in order. That is, if they contain the signature of the judge or the signature of the clerk of
court, and the seal of the court.
3. IDENTIFICATION / BOOKING– the prisoner’s identity is established through the picture and
fingerprint appearing in the commitment order. This is to ensure that the person being
committed is the same as the person being named in the commitment order.
4. SEARCHING / SHAKEDOWN – this step involves the frisking of the prisoner and searching his
personal things. Weapons and other items classified as contraband are confiscated and deposited
to the property custodian. Other properties are deposited with the trust fund officer under
recording and receipts.

a. Pat – patting of subjects clothing


b. Rub – patting of body over the clothing including the groin, buttocks and breast
c. Strip – naked search
d. Body cavity search – expose body cavities like anus and vagina to look for contrabands.

5. BRIEFING AND ORIENTATION – the prisoner will be brief and oriented on the rules and
regulations of the prison before he will be assigned to the RDC or the quarantine unit.
6. Issuance of Clothes and Equipment - from the receiving office, the new prisoner goes to the
supply room where he receives his prison uniform, mosquito net and beddings.
7. Assignment to Quarters - after the prisoner is issued his clothing’s and beddings, he is sent to
the quarantine unit. The quarantine may be a unit of the prison or a sec¬tion of the Reception
Center.

BUCOR’S DIRECTORATE FOR RECEPTION AND DIAGNOSTICS


(FORMERLY RECEPTION AND DIAGNOSTIC CENTER
RA 10575

This is a special unit of prison (Camp Sampaguita where new prisoners undergo diagnostic
examination, study and observation for the purpose of determining the programs of treatment and
training best suited to their needs 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 inmates’ attitude
towards education and recommends educational program for the prisoner.
5. The Vocational Counselor – to test the prisoner’s special abilities, interest and skills and
recommends for the vocational course best suited to the prisoner.
6. The Chaplain – encourage the prisoner to participate in religious activities.

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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.

THE QUARANTINE CELL OR UNIT

This may be a unit of the prison or a section of the RDC where the prisoner is given thorough
physical examination including blood test, x-rays, vaccinations and immunity for 5 to 10 days. This is for
the purpose of insuring that the prisoner is not suffering from any contagious disease, which might be
transferred to the prison population.

THE NATIONAL CORRECTIONS CONSCIOUSNESS WEEK

 Every last week of October


 By virtue of Proclamation Number 551 signed on March 15, 1995, by former President Fidel V.
Ramos

WHAT IS A JAIL?

JAIL – is a place for locking-up of persons who are convicted of minor offenses or felonies who are to
serve a short sentence imposed upon them by a competent court, or for confinement of persons
who are awaiting trial or investigation of their cases.

– a place of confinement for inmates under investigation, awaiting or undergoing trial or


serving sentence.

– is a building or place of confinement of arrested or sentenced persons. It is usually made up of


cells which are made up of small rooms or enclosures where prisoners are actually kept or
confined (People vs. Caricaban, 13672-CR, Sept. 9, 1965)

ORIGIN OF THE WORD JAIL

- It is said to have been derived from the Spanish word JAULO / CAULA which means a CAGE.
- It is also said to have been derived from the French word GAOL pronounced as “geole”, a place
for the arrested criminals.

Types of Jails:

1. Lock-up Jails – is a security facility, common to police stations, used for temporary confinement
of an individual held for investigation.
2. Ordinary Jails – is the type of jail commonly used to detain a convicted criminal offender to serve
sentence less than three years.
3. Workhouses, Jail Farms or Camp – a facility that houses minimum custody offenders who are
serving short sentences or those who are undergoing constructive work programs. It provides full
employment of prisoners, remedial services and constructive leisure time activities.

Bureau of Jail Management and Penology (BJMP)

The BJMP exercises supervision and control over all cities and municipal jails throughout the
country. The enactment of Republic Act no. 6975 created the BJMP and further amended by RA 9263
of the BFP and BJMP Professionalization Act of 2004. It operates as a line bureau under the
Department of the Interior and Local Government (DILG).
J/DIR. CHARLES MONDEJAR - the first chief of the BJMP way back its establishment

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MISSION

To enhance public safety by ensuring humane safekeeping and development of Persons Deprived
of Liberty (PDL) in all district, city, and municipal jails for their integration to society.

VISION

A premier institution highly regarded by society for the secure and humane treatment of Persons
Deprived of Liberty (PDL) by its competent and motivated corps.

Objectives of the BJMP:

1. To improve the living conditions of the offenders in accordance with the accepted standards set by
the United Nations.
2. To enhance rehabilitation and reformation of offenders in preparation for their eventual reintegration
into the mainstream of society upon their release.
3. To professionalize jail services.
POWERS, FUNCTIONS AND ORGANIZATION OF THE BJMP
A. Powers:

The Bureau shall exercise supervision and control over all districts, city and municipal
jails to ensure a secured, clean, sanitary and adequately equipped jail for the custody and
safekeeping of city and municipal prisoners, any fugitive from justice or persons detained awaiting
investigation or trial and/or transfer to the National Penitentiary, and any violent, mentally ill person who
endangers himself or the safety of others.

B. Organization and Key Positions in the BJMP:

The BJMP, also referred to as the Jail Bureau, was created pursuant to Section 60, R.A. no.
6975, and initially consisting of uniformed officers and members of the Jail management and Penology
service as constituted under P.D. no. 765.

The Bureau shall be headed by a chief with the rank of Director, and assisted by a Deputy
Chief with the Rank of Chief Superintendent.

The Central Office is the Command and Staff HQ of the Jail Bureau composed of 3 Command
Groups, 6 Coordinating Staff Divisions, 6 Special Staff Groups and 6 Personal Staff Groups namely:

1. Command Group
- Chief, BJMP (Director Rank)
- Deputy C/BJMP (Admin and Operation)
- Chief of Directorial Staff

2. Coordinating Staff Groups


- Administrative Division
- Operations Division
- Logistics Division - EQUIPMENT
- Finance Management Division - COMPTROLLERSHIP
- Research Plans and Programs Division
- Inspection and Investigation Division

3. Special Staff Groups

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- General Services Unit – REPAIRS AND MAINTENANCE


- Health Services Unit
- Chaplain Services Unit – SPIRITUAL SERVICES
- Community Services Unit
- Finance Services Unit
- Hearing Office
4. Personal Staff Groups
- Aide-de-Camp
- Intelligence Office
- Public Information Office
- Legal Office
- Adjudication Office
- Internal Audit

Regional Office:

At the Regional Level, each Region shall have a designated Regional Director for Jail
management and Penology.

Provincial Level:

In the Provincial Level, there shall be designated a Provincial Jail Administrator to perform
the same functions as the ARDs province wide.

District Office:
In the District Level, where there are large cities and municipalities, a district jail with
subordinate jails, headed by a District warden may be established as necessary.

City and Municipal Office:

In the City and Municipal level, a city or municipal Warden shall head each jail.

FUNCTIONS OF A JAIL WARDEN OR PRISON SUPERINTENDENT

1. Decision Making - is important in the prison setting. The warden limits his role to considering
policy matters and major problems. He delegates with confidence, to well trained subordinate
executives, sufficient authority for management of daily operations in line with established policy.

2. Control prison operations and activities - It has always been important to insure that the
program and policy are carried out and avoid mismanagement by incompetent personnel or by
individual or group of inmates getting into positions of power. The warden depends more on sound
organizational planning, written manual policies and procedures, and an effective communications
system than controlling operations by constant personnel inspection of all areas and frequent
contact with all personnel and a large number of inmates.

3. Public Relation - The warden today provides leadership to involve all personnel in a program
aimed at gaining public understanding, goodwill and community acceptance.

4. Personnel Program - It is the warden’s responsibility to provide leadership and assign


responsibility for recruitment, selection, training and supervision of personnel.

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Executive Leadership - must be constantly demonstrated by the administrative head. He must offer
leadership and motivation to his staff in his personal drive, knowledge and sincerity of purpose
and must tie together all programs or discipline in cementing a meaningful administrative course.
RANK CLASSIFICATION OF THE BJMP (RA 9263)

RANK POSITION/TITLE APPOINTING AUTHORITY

Director Chief of the BJMP President


C/ Supt. Deputy C/BJMP President
Sr. Supt. Asst. Regional Dir. DILG Secretary
Supt. Asst. Regional Dir. C, BJMP
Chief Insp. Warden C, BJMP
Sn. Insp. Warden C, BJMP
Inspector Warden C, BJMP
SJO 4 to Jail Guards Regional Director
JO1

The BFP and the BJMP shall be respectively headed by a Chief who shall be assisted by two
(2) deputy chiefs, one (1) for administration and one (1) for operations, all of whom shall be
appointed by the President upon recommendation of the Secretary of the DILG from among the
qualified officers with at least the rank of senior superintendent in the service (RA 9263 Sec. 3)

NOTE: All uniformed personnel of the BJMP shall be trained in the National Jail Training Institute under
the Philippine Public Safety College (PPSC-NJTI)

Duties and Responsibilities:

A. WARDEN
- Direction, Coordination, and Control of the Jail
- Responsible for the:

Security, safety, discipline and well-being of inmates

The office of the warden may organize the following units:

1. Intelligence and Investigation Team


– It gathers, collates and submits intelligence information to the office of the warden on matter
regarding the jail condition.

2. Jail Inspectorate Section


- Inspect jail facilities, personnel, prisoners and submit reports to the warden.
3. Public Relation Office
- Maintain public relation to obtain the necessary and adequate public support.

B. ASSISTANT WARDEN

- The office of the Assistant Warden undertakes the development of a systematic process of
treatment.
- Chairman of the Classification Board and Disciplinary Board.

Note: Once the inmate has undergone the registration process; he/she will be temporarily housed at the
Inmate Classification and Counseling Unit (ICCU) in jails where it is available. The inmate shall stay
at the ICCU for a minimum period of thirty (30) days but not exceeding sixty (60) days or until the

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completion of the classification process. At the ICCU, the newly committed inmate will undergo
assessment by the different health professionals.

ICCU – Equivalent of Reception and Diagnostic Center of BuCor

C. ADMINISTRATIVE GROUPS

The administrative groups take charge of all administrative functions of the jail bureau.

1. Personnel Management Branch


- Assignment of personnel
- Procedures of selection
- Preparation of personnel reports
- Individual record file
2. Records and Statistics Branch
- Keep and maintain booking sheets and arrest reports
- Keep an orderly record of fingerprints and photographs
- Present/ Prepare statistical data of inmates
3. Property and Supply Branch
- Take charge of the safekeeping of equipments and supplies and materials needed for the operation of
the jail.
4. Budget and Finance Branch
- Take charge of all financial matters such as budgeting, financing, accounting, and auditing.
5. Mess Service Branch
- Take charge of the preparation of the daily menu, prepares and cook the food and serve it to inmates.
6. General Service Branch
- Responsible for the maintenance and repair of jail facilities and equipment. It is also task with the
cleanliness and beautification of the jail compound.
7. Mittimus Computing Branch

- Tasked to receive court decisions and compute the date of the full completion of the service of
sentence of inmates.

Mittimus – is a warrant issued by a court directing the jail or prison authorities to receive the
convicted offender for the service of sentence imposed therein or for detention.

D. SECURITY GROUPS:

- The security groups provides a system of sound custody, security and control of inmates and
their movements and also responsible to enforce prison or jail discipline.
1. Escort Platoon

a) Escort Section – to escort inmate upon order of any judicial body; upon summon of a court; or
transfer to other penal institutions. Ratio of 1:2 (one inmate: 2 jail officers)
b) Subpoena Section – receives and distribute court summons, notices, subpoenas, etc.
2. Security Platoon – a three (3) working platoon shifts responsible for overall security of the jail
compound including gates, guard posts and towers. They are also responsible for the admitting
and releasing unit.

JAIL MANNING LEVEL

1. CUSTODIAL RATIO – 1 personnel for every 7 inmates


2. COURT ROOM RATIO – 2 personnel for every 1 inmate

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3. ESCORT RATIO – 1 personnel for every 1 inmate plus one personnel for high risk inmate
4. LONG DISTANCE TRAVEL – Minimum of 3 personnel
5. REFORMATION OFFICER RATION – 1 personnel to 24 inmates

E. REHABILITATION PURPOSES GROUPS:

- This group provides services and assistance to prisoners and their families to enable them to
solve their individual needs and problems arising from the prisoners’ confinement.

1. Medical and Health Services Branch - Provides medical and physical examinations of inmates
upon confinement, treatment of sick inmates and conduct medical and physical examinations and
provide medicines or recommends for the hospitalization of seriously ill prisoners or inmates. It also
conducts psychiatric and psychological examinations.
2. Work and Education Therapy Services - It take charge of the job and educational programs
needed for rehabilitation of inmates by providing them job incentives so they can earn and provide
support for their families while in jail.

EDUCATION – CORNERSTONE OF REHABILITATION or THE MOST IMPORTANT PROGRAM OF


REHABILITATION

3. Socio- Cultural Services - It takes care of the social case work study of the individual prisoners by
making interviews, home visits, referral to community resources, free legal services, and liaison
works for the inmates.
4. Chaplaincy Services - It takes charge of the religious and moral upliftment of the inmates through
religious services. This branch caters to all religious sects.
5. Guidance and Counseling Services - Responsible for the individual and group counseling
activities to help inmates solve their individual problems and to help them lead a wholesome and
constructive life.

BJMP MANUAL Section 30. PUNISHABLE ACTS:

1. MINOR OFFENSES:
a. Bartering and Vending
b. Personal Services
c. Untidy Appearance
d. Littering
e. Groundless complaints;
f. Reporting complaints on behalf of other inmates;
g. Late in headcount
h. Waste of food.

2. LESS GRAVE OFFENSES:


a. Absent in prison labor
b. Failure to render assistance to an injured personnel or inmate and in putting out fires inside the jail;
c. Improper behavior during religious, social and other group functions;
d. Profanity
e. Malingering
f. Spreading rumors
g. Failure to give due respect to any BJMP personnel;
h. Forcing to render personal service to him/her and/or to others;
i. Exchanging uniforms and wearing unauthorized uniforms
j. Loitering
k. Unauthorized use of telephone

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l. Vandalism
m. Withholding information
n. lewd or pornographic literature and/or photographs;
o. absent in headcount
p. Failure to turn over any implement/article/s issued after work detail.
3. GRAVE OFFENSES:
a. Malicious lying
b. Keeping or concealing keys or locks
c. Direct / indirect bribery
d. Possession of contrabands
e. Tattooing others or allowing him/her to be tattooed
f. Extortion
g. Punishing or inflicting injury or any harm upon himself/herself or other inmates;
h. Concealing or withholding information on plans of attempted escapes;
i. Unruly conduct and flagrant disregard for discipline and instructions;
j. Escaping, attempting or planning to escape from the institution or from any guard;
k. Helping, aiding or abetting others to escape;
l. Fighting, causing any disturbance or participating therein and/or agitating to cause such
disturbance or riot;
m. Indecent, immoral or lascivious acts by himself/herself or others and/or allowing himself/herself to
be the subject of such indecent, immoral or lascivious acts;
n. Willful disobedience to a lawful order issued by any BJMP personnel;
o. Assaulting any BJMP personnel;
p. Damaging any government property or equipment;
q. Participating in kangaroo court, an unauthorized or irregular court conducted with disregard for or
perversion of legal procedures as a mock court by the inmates in a jail/prison;
r. Affiliating with any gang or faction whose main purpose is to foment regionalism or to segregate
themselves from others;
s. Failing to inform the authorities concerned when afflicted with any communicable disease, such as
tuberculosis, sexually-transmitted diseases, etc.;
t. Engaging in gambling or any game of chance;
u. Committing any act which violates any law or ordinance, in which case, he/she shall be
prosecuted criminally in accordance with law; and
v. Committing any act prejudicial to good order and discipline.

Any personnel, especially warden, found to be allowing and tolerating any violation mentioned
above will be immediately relieved from his/her designation without prejudice to his or her being
administratively charged.

Section 26. DUTIES AND FUNCTIONS OF THE DISCIPLINARY BOARD – The Board is tasked to
investigate the facts of an alleged misconduct referred to it. It shall hold sessions as often as necessary
in a room, which may be provided for the purpose. All cases referred to it shall be heard and decided
within forty-eight (48) hours from the date of receipt of the case.

Disciplinary Punishments in Jail / Prison

1. Counsel and reprimand


2. Reduced Diet
3. Loss of Privileges
4. Loss of Good Conduct Time Allowance
5. Close Confinement

THE TREATMNENT PROGRAMS

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A. The Institutionalized Treatment Programs

1. Prison Education – the cornerstone of rehabilitation. It is the process or result of formal


training in school or classrooms intended to shape the mind and attitude of prisoners towards
good living upon their release.

2. Work Programs / livelihood programs – these are programs conducive to change behavior in
morale by training prisoners for a useful occupation. It is purposely to eliminate idleness on the
part of prisoners, which may contribute to “Prison stupor”, and it affects the incidence of Prison riot.

a. Industrial Programs – concerned in goods or products production


b. Agricultural Programs – concerned in crops and farm activities and programs

3. Religious Services in Prison / spiritual programs- The purpose of this program is to change
the attitudes of inmates by inculcating religious values or belief.

4. Sports and Recreational Programs - The only leisure program that is conducted during free time
schedule.

5. Medical and Health Services - Medical and health services includes: Mental and physical
examination - Diagnosis and treatment – Immunization – Sanitary - inspections - Participation in
training

6. Counseling and Casework

PENAL SERVITUDE / PRISON LABOR

PENAL SERVITUDE – a punishment, which consist of keeping an offender in confinement and


compelling him to labor.

-Also known as PRISON LABOR

-Penal servitude is being conducted in HARD WOOD SHOPS

The six systems of prison labor are:

1. Lease System - The state turns the prisoners over to a private lease. The latter feeds,
clothes, guards, and houses and disciplines the prisoners. This system prevailed in the
southern states of the United States. These systems no longer exist. (Private Controlled with
Less Government Supervision)
2. Contract System - The state, under this system, retains control of the prisoner and the
contractor merely engages with the state for the labor of the inmates, which is performed within
or near the prison. The contractor supplies the raw material and supervises the work and pays
the institution the stipulated amount for the services of the prisoners. This system no longer
exists too. (Government Controlled with Private Paying Contractor)
3. Price-Piece System - Under this system the contractor supplies the raw materials and pays
the state a determined amount for the work done on each article produced. The institution
retains control of the inmates including the daily quantity of work required. This system has
also been abolished. (Government Controlled prison with Private company partnership
paying per piece of work)

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4. Public Account System - In the Public Account System, the state buys the raw material,
manufactures and sells the products and assumes all the risks of conducting a manufacturing
business. Today, prison-made products cannot be sold in the open market. (Full Government
Control)
5. State-Use System - Under this system, the state conducts the manufacture of the article but
the use of the article is limited to state owned institutions. The principle of the system is that
the state produces articles or merchandise for its own consumption alone and in the process,
affords the prisoner opportunities to train for a vocation. (Government Manufactures for its
own consumption)
6. Public Works and Ways System — Prison labor is used in the construction and repair of
public buildings, roads, bridges, flood control, reforestation, clearing land, preventing soil
erosion, etc. The system does not involve the application of prison labor to the production of
consumption goods. (inmate in public works)
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:


 Service of sentence – released by director
 Order of the Court – thru probation or acquittal
 Parole – by BPP
 Pardon – released by the order of the President
 Amnesty - released by the order of the President and Congress

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

Any changes or differences in his/her distinguishing marks and scars shall be investigated to ascertain
his/her real identity in order to prevent the mistaken release of another person.
c. No inmate shall be released on a mere verbal order or an order relayed by telephone. The
release of an inmate by reason of acquittal, dismissal of case, payment of fines and/or indemnity,
of 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/she was charged with, the
criminal case number and such other details that will enable the officer in charge to properly
identify the inmate to be released.

 Upon proper verification from the court of the authenticity of the Order, an inmate shall be
released promptly and without unreasonably delay.
 Under proper receipt, all money earned and other valuables held in trust when first admitted, shall
be returned to the inmate upon release.
 The released inmate shall be issued a Certification of Discharge from jail by the Warden/Wardress
or his/her authorized representative.

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PREGNANT FEMALE INMATE

Pregnant women must be given special considerations and if ever that the child was born, the
said child will have to stay to his/her mother for not more than 1 year (BUCOR) and not more than 1
month (BJMP)

CAN AN INMATE MARRY?

 Yes, but
 Be held inside the jail
 Request must be produced to the superintendent
 Expenses must be shouldered by the inmate
 Solemnized by the prison chaplain
 No media coverage
 No jail personnel sponsors and witness

MISCELLANEOUS TOPICS ABOUT INSTITUTIONAL CORRECTION

 The United Nations Standard Minimum Rules for the treatment of offenders prescribes that penal
institution should not exceed 1,200 inmates. Smaller institutions should however not be too
small as to make operating cost too expensive.
 Super Security Facility - A small portion of any prison population consists of incorrigibles,
recidivists, escape artists, and chronic troublemakers. This category of prisoners should be
confined in a unit or institution separate from the general population.

BUCOR’S TEAMS UNDER RIOT AND DISORDERS

 Group 1 – anti riot assault with shields, head gear, gas mask and baton to disperse the rioters
and leaders
 Group 2 – backup team with tear gas and gas grenades
 Group 3 – fire arms team, use firearms with permission of the guard in charge

SALIENT POINTS ON RA 10575


“BUCOR LAW OF 2013”

Classification of Dormitory

1. Type A Dormitory – above 500 inmate capacity and lot area of more than 1.5 hectares
2. Type B Dormitory – 101 to 500 inmate capacity and lot area of 1.5 hectares
3. Type C Dormitory – 1 to 100 inmate 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

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

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reformation, all of whom shall be appointed by the President upon the recommendation of the
Secretary of the DOJ who shall have a tenure of 6 years.

BUCOR MANNING LEVEL

1. 1:7 for 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 )

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