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CA 1 - INSTITUTIONAL CORRECTION APPROACHES IN THE PHILIPPINES

Institutional Correction
THREE DIVISIONS OF CRIMINOLOGY Rehabilitation of offenders in Jail or Prison.
Sociology of Law – it deals with
understanding the nature of criminal law and Community-Based Correction
its procedure of administration. Correctional activities that takes place in the
Criminal Etiology – it is concerned with community that directly addressed to the
determining causes and factors of crime offender and aimed at helping him to
occurrence; and become a law abiding citizen.
Penology / Penal Science – it deals with
management and administration of inmates.
HISTORICAL PERSPECTIVE ON
PENOLOGY CORRECTIONS
(Classical Doctrine Influence)
13TH CENTURY – SECURING
It is the study of punishment for crime or of SANCTUARY
criminal offenders. It includes the study of In the 13th Century, a criminal could avoid
control and prevention of crime through punishment by claiming refugee in a church
punishment of criminal offenders. for a period of 40 days at the end of which
The term is derived from the Latin word time, he has compelled to leave the realm by
“POENA” which means pain or suffering and a road or path assigned to him.
“POENALIS” which means punishment.
BENEFIT OF THE CLERGY
Penology has stood in the past and, for the In the 13th Century, a compromise between
most part, still stands for the policy of the church and the king, wherein any
inflicting punishment on the offender as a member of the clergy brought to trial in
consequence of his wrongdoing. the king’s court shall be claimed from the
jurisdiction by the bishop or chaplain
Penal Management: representing him and placed under the
- It refers to the manner or practice of authority of the ecclesiastical court.
managing or controlling places of
confinement in jails or prisons.
GAOLS - (Jails) – pre-trial detention facilities
Management – utilization of resources (5Ms) operated by English Sheriff.

CORRECTION GALLEYS – long, low, narrow, single


(Positivist doctrine influence) decked ships propelled by sails usually
rowed by criminals. A type of ship used for
A branch of the Criminal Justice System transportation of criminals in the 16th
concerned with the custody, supervision, and century.
rehabilitation of criminal offenders.
HULKS – decrepit transport, former
It is that field of criminal justice warships used to house prisoners in the 18th
administration which utilizes the body of and 19th century. These were abandoned
knowledge and practices of the government warships converted into prisons as means of
and the society in general involving relieving congestion of prisoners. They were
the processes of handling also called “floating hells”.
individuals who have been convicted of
offenses for purposes of crime prevention and 16th Century
control. Transportation of criminals in England was
authorized. At the end of the 16th century
It is the study of jail/prison management Russia and other European countries
and administration as well as the rehabilitation followed this system. It partially relieved
and reformation of criminals. overcrowding of prisons.

It is a generic term that includes all 17th Century to late 18th Century
government agencies, facilities, programs, Death penalty became prevalent as a form of
procedures, personnel, and techniques punishment.
concerned with the investigation, intake,
custody, confinement, supervision, or
treatment of alleged offenders. REASONS WHY DEATH PENALTY
BECAME USUAL PUNISHMENT DURING
CORRECTIONAL ADMINISTRATION: THIS PERIOD AND THEREAFTER
It is the study and practice of a systematic
management of jails or prisons and other 1. Death outlaws became a “protection
institutions concerned with the custody, for the English people”. It is because the
treatment, and rehabilitation of criminal people during this period did not totally
offenders. believe yet in the ability to a strong police
force to combat criminals.
TWO KINDS OF CORRECTION 2. People lack confidence in the
transportation if criminals. Gaols and Galleys Punishment”, the most exiting essay on
became center of corruption and ineffective law during this century. It presented the
instrument of punishment humanistic goal of law.
3. Doctrine of Crude intimidation appeared or “let the punishment fit the crime”
seemed to be a logical form of threat in order
to deter or prevent the people from violating 5. Jeremy Bentham (1748-1832)
the law.  the greatest leader in
4. The assumption was that, the Ruling Class the reform of English Criminal law. He
is tasked to protect property rights and believes that whatever punishment
maintain public peace and order. The system designed to negate whatever
of maintaining public order had little pleasure or gain the criminal derives
consideration or it did not recognize the social from crime, the crime rate would go
and economic condition of the lower working down.
class. The lawmakers and enforcers used  He proposed the
death penalty to cover property loss or philosophy of utilitarianism.
damage with out further contemplating the  He advocated the
value of life and other people. imaginary mathematical formula of
felicific calculus
 Bentham was the one
THE AGE OF ENLIGHTENMENT / AGE OF who devised the ultimate
REASON 
PANOPTICON PRISON – a prison that
18th Century is a century of change. It is the consists of a large circular building
period of recognizing human dignity. It is the containing multi cells around the periphery. It
movement of reformation, the period of was never built.
introduction of certain reforms in the
correctional field by a certain person, gradually Panopticon – to see everything or to
changing the old positive philosophy of observe.
punishment to a more humane treatment of
prisoners with innovational programs. 6. John Howard (1726 – 1790)
 the sheriff of
NOTE: Bedsfordshire in 1773 who devoted his
1870 – 1880 (GOLDEN AGE OF PENOLOGY) life and fortune to prison reform. After
his findings on English Prisons, he
recommended the following: single
THE PIONEERS CORRECTIONAL SYSTEM: cells for sleeping - segregation of
women - segregation of youth -
1. William Penn (1614-1718) provision of sanitation facilities -
 He fought for religious abolition of fee system by which jailers
freedom and individual rights. obtained money from prisoners.
 He is the first leader to  He is known as the
prescribe imprisonment as correctional Father of Prison Reform in the world;
treatment for major offenders. great prison reformer
 He is also responsible for  A philanthropist and the
the abolition of death penalty and first English prison reformer.
torture as a form of punishment.
7. Elam Lynds
2. Charles Montesiquieu (Charles Louis  A warden of the
Secondat, Baron de la Brede et de Auburn and later of Sing Sing (which
Montesiquieu) he built) was one of the most influential
 (1689- 1755) A French persons in the development of early
historian and philosopher who analyzed prison discipline in America. He is
law as an expression of justice. He described as having been a strict
believes that harsh punishment would disciplinarian who believes that all
undermine morality and that appealing to convicts were cowards who could not be
moral sentiments as a better means of reformed until their spirit was broken. To
preventing crime. this end, he devised a system of brutal
punishments and degrading procedures,
3. VOLTAIRE (Francois Marie Arouet) many of which remained as accepted
 (1694- 1778) He was the practice until very recent times.
most versatile of all philosophers during
this period. He believes that fear of 8. Jean Jacques Villain
shame was a deterrent to crime. He  He is known as the
fought the legality-sanctioned practice Father of Penitentiary Science. -
of torture. pioneered classification to separate
women and children from hardened
4. Cesare Bonesa, Marchese de Beccaria
(1738-1794) 9. James V. Bennett
 He wrote an essay  Director of Federal
entitled “An Essay on Crimes and Bureau of Prisons; he wrote about
closing of Alcatraz Prison; Built the system
Federal Correctional Institution in  Irish System
Seagoville Texas.  He is known as the
Father of Parole in Ireland
10. Elizabeth Fry
 An English reformer THE PRIMARY SCHOOL
sometimes referred to as the "angel of
prisons" because of her driving force THE CLASSICAL SCHOOL
behind new legislation to treat prisoners It maintains the “doctrine of psychological
humanely. hedonism” or “free will”. That the
individual calculates pleasures and pains in
The Reformatory Movement: advance of action and regulates his conduct
by the result of his calculations.
1. Alexander Maconochie
 He was the Basis of criminal liability – absolute human
Superintendent of the penal colony at free will
Norfolk Island in Australia (1840) who
introduced the “Mark System”. A system Purpose of punishment - retribution
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.
 He is known as the 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
discharged the boys were placed 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 as the best reform
institutions for young offenders.

 New York House of


Refuge - the first juvenile reformatory in
USA.

5. Walter Crofton
 He was the Director of
the Irish Prison in 1854 who introduced
the Irish system that was modified from
the Mocanochie’s mark system.
 Progressive mark
THE NEO-CLASSICAL SCHOOL The Hittites
It maintained that while the classical doctrine is existed about two centuries after the reign of
correct in general, it should be modified in certain Hammurabi and they eventually conquered Babylon.
details. Since children and lunatics cannot The laws of the Hittites may also be characterized as
calculate the differences of pleasures from pain, brutal, just like the Code of Hammurabi, because
they should not be regarded as criminals, hence, they used death as punishment for many
they should be free from punishment. offenses.

THE POSITIVIST/ITALIAN SCHOOL Deuteronomy or the Mosaic Code


The school that denied individual responsibility and Deuteronomy is the fifth book in the Bible and it
reflected non-punitive reactions to crime and contains the basis of Jewish laws. It is believed that
criminality. It adheres that crimes, as any other act, it was made by Moses. These laws were in the form
is a natural phenomenon. Criminals are of a covenant between God and the people of Israel,
considered as sick individuals who need to be given to Moses on the mountains. They begin with
treated by treatment programs rather than punitive the Ten Commandments and go on to statutes
actions against them. and ordinances that God commanded Moses to
teach the people.
treats criminals as sick individuals
The Code Of Solon
purpose of punishment is treatment is rehabilitation. Solon, also an Athenian, was appointed archon and
was given legislative powers. During his time, he
EARLY CODES repealed almost all the laws of the Code of Draco
and created laws that provided just punishments.
MAIN LEGAL SYSTEMS IN THE WORLD The term “solon” is used to refer to any member
(chronological order): of the Senate or House of Representatives.

1. ROMAN (most lasting and most pervading The Lex Salica (Frankish King, Clovis)
influence) The lex salica refers to the legal customs of the
2. MOHAMEDDAN OR ARABIC ancient Germanic tribes which invaded and defeated
3. ANGLO-AMERICAN the Roman Empire in the Middle Ages. When the
Germanic tribes codified the lex salica, they set out
1. BABYLONIAN OR a schedule of monetary compensation for
SUMMERIAN CODES wrongdoings, called botes.
Wergild or wergild refers to the value of monetary
Code of Ur-Nammu compensation for human life, based on his status in
The Code of Ur-Nammu is the oldest known law life.
code surviving today. It is from Mesopotamia and is
written on tablets, in the Sumerian language c. The Burgundian Code (500 A.D.)
2100–2050 BCE Specified punishment according to the social
class of offender, dividing them into nobles, middle
Code of King Hammurabi (Hammurabic Code) class and lower class specifying the value of the life
Babylon, about 1900 BC, credited as the oldest code of each person according to social status.
prescribing savage punishment, but in fact,
Summerian codes were nearly one hundred years The Laws Of Islam
older. The laws of Islam can be found in the Koran, the
holy book of the Muslim religion. These laws are also
Both law codes are written in conditional statements, believed to be of divine origin. It is believed that they
but the major difference between the Code of Ur- were given by Allah to the prophet Mohammed.
Nammu and the Code of Hammurabi is that the
former institutes fines for bodily damage, while
the latter implements lex talionis. EARLY CODES (PHILIPPINE SETTING)

Code of Kalantiao (Kalantiaw)


2. ROMAN AND GREEK CODES
Promulgated in 1433 – Time of Datu Kalantiao
Justinian Code– 6th C A.D., Emperor Justinian of Maragtas Code
Rome wrote his code of law. An effort to match a Promulgated during the time of Datu Sumakwel
desirable amount of punishment to all possible
crimes. However, the law did not survive due to the PUNISHMENT AND PENALTY
fall of the Roman Empire but left a foundation of
Western legal codes. PENALTY
Greek Code of Draco - In Greece, the Code of Is the suffering that is inflicted by the state. for
Draco, a harsh code that provides the same
punishment for both citizens and the slaves as it PUNISHMENT
incorporates primitive concepts (Vengeance, Blood It is the redress that the state takes against an
Feuds). The Greeks were the first society to allow offender where it signifies suffering or curtailment of
any citizen to prosecute the offender in the name its freedom.
of the injured party.
PUNISHMENT Human branding or stigmatizing is the process in
which a mark, usually a symbol or ornamental
PURPOSES/JUSTIFICATIONSOF PUNISHMENT pattern, is burned into the skin of a living person,
with the intention that the resulting scar makes it
1. Retribution (PERSONAL VENGEANCE/ permanent. It is done by pressing a burning, hot iron
REVENGE)– the punishment should be provided by to the person’s skin or body which would result in a
the state whose sanction is violated to afford the wound caused by the burning.
society or the individual the opportunity of
imposing upon the offender suitable punishment Jougs, Juggs, or Joggs
as might be enforced. Offenders should be An iron collar fastened by a short chain to a wall,
punished because they deserve it. often of the parish church, or to a tree or cross. The
collar was placed round the offender's neck and
2. Expiation or Atonement – it is punishment in the fastened by a padlock. Time spent in the jougs was
form of group vengeance where the purpose is to intended to shame an offender publicly.
appease the offended public or group.
The Rack
3. Deterrence – punishment gives lesson to the Device that drags apart the joints in the feet and
offender by showing to others what would happen to hands.
them if they violate the law. Punishment is imposed
to warn potential offenders that they cannot afford Iron Maiden
to do what the offender has done. Box-like structure with the front half hinged like and
door so that a person could be placed inside. When
4. Incapacitation and Protection – the public will the door was shut, protruding spikes both back
be protected if the offender has been held in and front entered the body of the prisoner
conditions where he cannot harm others especially
the public. Punishment is effected by placing Scavenger's Daughter (or Skevington's Daughter)
offenders in prison so that society will be ensured It was an A-frame shaped metal rack to which the
from further criminal depredations of criminals. head was strapped to the top point of the A, the
hands at the midpoint and the legs at the lower
5. Reformation or Rehabilitation – it is the spread ends; swinging the head down and forcing
establishment of the usefulness and responsibility the knees up in a sitting position compressing the
of the offender. Society’s interest can be better body so as to force the blood from the nose and ears.
served by helping the prisoner to become law
abiding citizen and productive upon his return to Scold's Bridle
the community by requiring him to undergo intensive Sometimes called a Brank's Bridle or simply
program of rehabilitation in prison. Branks – an instrument of punishment used
primarily on women, as a form of torture and public
humiliation.
ANCIENT FORMS OF PUNISHMENT The device was an iron muzzle in an iron
framework that enclosed the head. A bridle-bit (or
1. Death Penalty / Capital Punishment – Affected curb-plate), about 2 inches long and 1 inch broad,
by burning, beheading, hanging, breaking at the projected into the mouth and pressed down on
wheels, pillory and other forms of medieval top of the tongue. The curb-plate was frequently
executions. studded with spikes, so that if the offender moved
DEATH CONVICT- This refers to an inmate were her tongue, it inflicted pain and made speaking
death penalty/sentence imposed by the Regional impossible.
Trial Court is affirmed by the Supreme Court.
Foot Whipping or Bastinado
2. Physical Torture / Corporal Punishment– It is The undergoing person is required to be barefoot.
affected by maiming, mutilation, whipping and other The beating is typically inflicted with an object in the
inhumane or barbaric forms of inflicting pain. type of a cane or a crop and repeated over a varying
CORPORAL PUNISHMENT – It is the number of times. It is usually targeted at the vaults or
infliction of physical pain as a form of arches of the foot but sometimes the heels and balls
punishment. of the feet can be targeted also.

3. Social Degradation – The act of putting the Iron Boot


offender into shame or humiliation. Designed to cause crushing injuries to the foot and/or
leg
4. Banishment or Exile / ostracism / outlawry –
The sending or putting away of an offender which Milk & Honey
was carried out either by prohibition against coming The person was encased in a box from which his
into a specified territory such as an island to where head, hands & feet protrude, forcibly feed with milk
the offender has been removed. and honey which was also smeared in his face and
- Presently known as Destierro then exposed to the sun seventeen (17) days, he
lingered on this horrible condition until he had been
FORMS OF PUNISHMENT devoured alive by insect and vermin.

Branding Treadmill
Prisoner is continually made to constantly climb
stairs up to 14,000 feet. FEEDING TO THE LIONS – The offender is
thrown in a lion’s den.
Drawing and Quartering
This is one the most brutal methods of execution. An PILLORY – Bouvier’s Dictionary defines pillory as a
offender sentenced to this death was first hanged wooden machine, in which the neck of the doomed
until near death, taken down, their limbs tied to culprit is inserted thereof and usually executed in
horses, and then pulled apart as the horses ran public as a means of punishing the offenders in
in different directions. Europe and Colonial America.
Disembowelment, or the ripping out of internal – Pillory is a wooden frame with three curved
organs, and the removal of genitals often occurred holes in it (two for the left and right wrists and the
while the accused was still alive. middle-curved hole is for the neck) and mounted on
the post upon a platform, the condemned man was
Breaking wheel left to die at the mercy of unfriendly weather. Other
Also known as the Catherine wheel or simply the similar forms with holes for the offender’s feet are
wheel. called as STOCK.
Was a torture device used for capital punishment
from antiquity into early modern times for public DECAPITATION – derived from a LATIN word “DE”
execution by breaking the criminal's meaning FROM and “CAPUT” meaning HEAD.
bones/bludgeoning him to death. Instead of using axe, the method employed is by
the use of a sword and the practice is widespread
Death by Musketry or Firing Squad in China and Muslim States.
Firing Squad refers to a group of soldiers. Usually,
all members of the group are instructed to fire FLAGELLATION – An X-designed log was cross-
simultaneously, thus preventing both disruption of joined and decline at 65 degrees backward. The
the process by a single member and identification of hooded doomed-man was tied on the cross-x with
the member who fired the lethal shot. The prisoner is both hands spread upward while the feet were
typically blindfolded or hooded, as well as restrained. spread apart. The con-man is bared naked except
with the skimpy short pants.
METHODS OF DEATH PENALTY EXECUTED IN The whipping rod is made of stripped hard
THE PHILIPPINES leather with brass button in laid across and
embedded at the tips. At the given signal, six men
GARROTE – This became popular when 3 will whip 30 lashes each alternately and will continue
friars/priests commonly addressed as GOMBURZA except upon the intercession of the victim or the
were executed in 1872 by the Spanish colonial rules State which intervention of the aggrieved to stop is
for exposing the venalities of the church. An iron tantamount to pardon and the co-man shall be
collar attached upon a scaffold formerly used in released to freedom.
Spain and Portugal. This method of execution was
abolished in the Philippines by virtue of Act 451. GUILLOTIN – A device for cutting off people’s head
developed in 1792 by Dr. Joseph Ignacio
LETHAL INFECTION – While the 1987 Constitution Guillotin a member of the French National Assembly,
abolished death sentence, Congress however, in he proposed that all executions must be uniform and
1996 passed RA 7659 as amended by RA 8177 that painless.
imposes death penalty for heinous crime by lethal
injection. ELECTRIC CHAIR – The convict is seated in a chair
made of electrical conducting materials with strap of
STONING/LAPIDATION – It is a form of electrodes on wrist, ankles and head. Upon orders,
execution wherein the condemned person is pelted the lever will be pulled-up and the fatal volts of
with stones alternating current pass the body until the convict
dies. If ever the convict is still alive, the lever shall be
BEHEADING - The condemned man’s neck is pulled-again until he is pronounced dead
placed on the wooden curved wood specially
designed for the purpose. Most often, the doomed- HANGING - Mostly, the execution is conducted at
man is black hooded with both hands tied at the back dawn. The executioner will place a cloth over his
before his head is positioned at the chopping block. head. Steel weights are strapped to the legs of the
At a given signal, the head is axed and the death convict to ensure that he/she will die quickly.
severed head fall on the truck provided therefore. Then the rope will be placed around the neck of
the convict, and, finally, the platform will be
CRUCIFICTION – A person convicted to death was removed
nailed on the cross with both hands and feet to add
ignominy to his agony and humiliation he was GAS CHAMBER- Invented after World War I by a
crowned with the specter of vines of spines on his Medical Corp’s Officer of the US Army as an
head. Then the Roman pears were thrust to his flesh alternative to electric chair. In medical term, the
body and died of asphyxiation. convict will die from Hypoxia which means death
due to the cutting-off of Oxygen in the brain. The
BURNING AT STAKE – It is a form of convict is placed in a sealed chamber where the
execution wherein the convict is tied in a pole and carbon monoxide is introduced until the convict is
then sets on fire alive. pronounced dead.
court and under the supervision of a probation officer.
IMPALEMENT (IMPALING) - a form of capital
punishment; it is the penetration of an organism by 4. Fine – a pecuniary amount given as a
an object such as a stake, pole, spear or hook, by compensation for a criminal act.
complete (or partial) perforation of the body, often
the central body mass. Killing by piercing the body 5. Destierro – the penalty of banishing a person
with a spear or sharp pole. from the place where he committed a crime,
prohibiting him to get near or enter the 25-kilometer.
BRIEF HISTORY OF CAPITAL PUNISHMENT IN
THE PHILIPPINES GOALS OF PUNISHMENT

Electric Chair General Deterrence - the state tries to convince


as a method of execution was introduced in potential criminals that the punishment they face is
1926 during the American occupation. It was certain, swift, and severe so that they will be afraid to
used until 1976, during the time of former commit an offense.
President Ferdinand Marcos. Article 81 of the
Revised Penal Code is the provision pertaining to Specific Deterrence - convincing offenders that the
the death penalty. pains of punishment is greater than the benefits of
crime so they will not repeat their criminal offending
1987 Philippine Constitution - abolished the
death penalty except for heinous crimes, as stated Incapacitation - if dangerous criminals are kept
under Section 19, Article III. behind bars, they will not be able to repeat their
illegal activities.
Republic act 7659
An act to impose the death penalty on certain Retribution/Just Desert - punishment should be no
heinous crimes, amending for that purpose the more or less than the offenders actions deserve, it
revised penal laws, as amended, other special penal must be based on how blameworthy the person is.
laws, and for other purposes.
Equity/Restitution - convicted criminals must pay
Republic Act No. 8177 back their victims for their loss, the justice system for
approved March 20, 1996 the costs of processing their case and society for any
 It is the law that disruption they may have caused.
designated lethal injection as the method for
carrying out the capital punishment in the Rehabilitation - if the proper treatment is applied, an
Philippines. offender will present no further threat to society
 Developed in 1924 by an
anesthesiologist in Nevada. Components of Diversion - criminals are diverted into a community
chemicals used in Lethal Injection are: correctional program for treatment to avoid stigma of
SODIUM THIOPENTAL – a sleep inducing incarceration. The convicted offender might be asked
barbiturate, to make payments to the crime victim or participate
PANCURONIUM BROMIDE – a drug capable of in community based program that features
paralyzing the muscles; counseling.
POTASSIUM CHLORIDE – capable of stopping
heartbeat within seconds and this is commonly used Restorative Justice - repairs injuries suffered by the
in Heart-by-pass operations. victim and the community while insuring reintegration
of the offender. Turn the justice system into a healing
Republic Act No. 9346 process rather than a distributor of retribution and
the law prohibiting the imposition of the death penalty. revenge.
It was approved on June 24, 2006.
PENALTY
CONTEMPORARY FORMS OF PUNISHMENT:
SOCIAL JUSTIFICATION OF PENALTY
1. Imprisonment/ isolation/ incarceration / commitment / incapacitation– puttin
offender in prison for the purpose of protecting 1. PREVENTION – the state shall punish the criminal
the public against criminal activities and at the to prevent or suppress the danger to the state
same time rehabilitating the prisoners by requiring arising from the criminal acts of the offender.
them to undergo institutional treatment programs. 2.
3. SELF-DEFENSE – the state has a right to punish
2. Parole - a conditional release of a prisoner after the criminal as a measure of self-defense so as to
serving part of his/her sentence in prison for the protect society from the threat and wrong inflicted
purpose of gradually re-introducing him/her to free by the criminal
life under the guidance and supervision of a parole
officer. 4. REFORMATION – the object of punishment in
criminal cases is to correct and reform the offender
3. Probation – a disposition whereby a defendant
after conviction of an offense, the penalty of which 5. EXEMPLARITY – the criminal is punished by the
does not exceed six years imprisonment, is released state as an act to deter others from committing
subject to the conditions imposed by the releasing crimes.
6. JUSTICE – that the crime must be punished by PRISON AND JAILS
the state as an act of retributive, a vindication of
absolute right and moral violated by the criminal. PRISON DEFINED
A penitentiary, an institution for the imprisonment
PURPOSE OF PENALTY (incarceration) of persons convicted of major/serious
crimes.
1. RETRIBUTION OR EXPIATION – the penalty is
commensurate with the gravity of offense as a WHO IS A PRISONER?
matter of payment for the damage done a prisoner is a person who is under the
custody of lawful authority.
2. CORRECTIVE OR REFORMATION – as shown
by the rules which regulates the execution of the EARLY PRISON
penalties consisting in deprivation of liberty, thereby
giving chance for his reformation. 1. Fortresses, Castles and Town Gates
2. Mamertine Prison/ Carcere Mamertino - the
3. SOCIAL DEFENSE – as shown by its inflexible only early Roman place of confinement which was
severity to recidivist and habitual delinquents. built under the main sewer old Rome (64 B.C.)
Society must provide the welfare of the people
against any order in the community. 3. Bridewell Workhouse (London 1557) - built for
the employment and housing of English Prisoner.
JURIDICAL CONDITIONS (LEGAL REQUISITES) The most popular workhouse; named after St.
OF PENALTY Bridget Well.
Punishment must be:
1. Productive of suffering – without however 4. Walnut Street Jail (Philadelphia) - Originally
affecting the integrity of the human personality. constructed as a detention cell, converted into an
2. Commensurate with the offense – different estate prison and became the first American
crimes must be punished with different penalties (Art. Penitentiary.
25, RPC).
3. Personal – the guilty one must be the one to be 5. Elmira Reformatory and Correctional Facility
punished, no proxy. (New York USA) - Known as “the Hill”; it is a
4. Legal – the consequence must be in accordance maximum security prison. During the Golden Age, it
with the law. used parole extensively. Considered forerunner of
5. Equal – applicable for all persons. modern penology because it had all the elements of
6. Certain – no one must escape its effects. modern Penology.
7. Correctional - changes the attitude of
offenders and become law-abiding citizens. 6. Ergastulum – it is an ancient prison wherein
DURATION OF PENALTIES prisoners are attached to workbenches and are
Death Penalty – Capital punishment forced to do hard labor in the period of their
Life imprisonment – life time imprisonment for imprisonment.
Special Penal Law
7. Maison de Force (1627) – a house of correction in
AFFLICTIVE PENALTIES Ghent, Belgium which separates adult from juveniles
Reclusion Perpetua – 20 yrs and 1 day up to 40 and women from men; an innovation to prison
years system during the 1600s. It was established by Jean
Reclusion Temporal – 12 yrs and 1 day to 20 years Jaques Villian (Father of Penitentiary Science).
imprisonment
Prision Mayor – 6 yrs and 1 day to 12 years 8. Auburn Prison and Correctional Facility (New
York) - Built in the land that was once a CAYUGA
CORRECTIONAL PENALTIES Indian Village. Maximum Security Facility, “A
Prision Correctional – 6 months and 1 day to 6 Congregate System”
years
Arresto Mayor – 1 month and 1 day to 6 months 9. Singsing Correctional Facility/SingSing Prison
(New York) - The third prison built by New York
LIGHT PENALTIES State. It is a maximum-security prison inflicted aside
Arresto Menor – 1 day to 30 days from floggings, denial of reading materials and
Bond to Keep the Peace – discretionary on the part solitary confinement. The shower bath was a gadget
of the court. so constructed as to drop a volume of water on the
head of a locked naked offender. The force of icy
CONSTITUTIONAL RESTRICTIONS ON cold water hitting the head of the offender caused
PENALTIES so much pain and extreme shock that prisoners
immediately sank into coma due to the shock and
The Phil. Constitution directs that excessive fines hypothermia or sudden drop in body temperature.
shall not be imposed, nor cruel and unusual It became famous to the whole world because of
penalties when it is so disproportionate to the singsing bath.
offense committed as to shock the moral sense of
all reasonable men as to what is right and proper 10. Alcatraz (The Rock) - 1850 – this prison is
under the circumstances. located on an island in San Francisco Bay. It was
built for the military in the 1850's and used by them PRISON DISCIPLINE – It is the state of good order
as a fort and a prison until 1933 when it was passed and behavior. It includes maintenance of good
to the Department of Justice thru the standards of work, sanitation, safety, education,
recommendation of Dir. John Edgar Hoover and health and recreation
became a civil prison until it was closed in 1963 thru
the writings of James Bennet. PREVENTIVE DISCIPLINE –I t is the prompt
correction of minor violations committed by
History where number 1 public enemies are prisoners before they become serious violations
imprisoned like Al Capone.
CONTROL – It involves supervision of prisoners
Famous Escapees of Alcatraz (1962): to ensure punctual and orderly movement from
1. Frank Morris one place work program or assignment to another.
2. Clarence and John Anglin
CUSTODY – is the guarding or penal
JAMES A JOHNSTON “OLD SALTWATER” – the safekeeping, it involves security measures to
1st warden of Alcatraz Prison insure security and control with in the prison.
OLIN GUY BLACKWELL - He was the last warden
of the Alcatraz prison. JAIL DEFINED
It is a place for locking-up persons who are
THE TWO RIVAL PRISON SYSTEM IN THE convicted of minor offenses or felonies who are
HISTORY OF CORRECTION to serve a short sentences imposed upon them by
a competent court, or for confinement of persons
A. The Auburn Prison System – the prison who are awaiting trial or investigation of their cases.
system called the
“Congregate System” / GROUP SYSTEM ORIGIN OF THE WORD JAIL
- The prisoners are confined in their own cells during  It is said to have been derived from the
the night and congregate work in shops during Spanish word JAULA / CAULA which means
the day. Complete silence was enforced. a CAGE.
HARD WOOD SHOP – A place where prisoners do  It is also said to have been derived from
their labor. the French word GAOL. pronounced as
“geole”, a place for the arrested criminals.
B. The Pennsylvania Prison System – the prison
system called “Solitary System” / SILENT SYSTEM TYPES OF JAILS
/ SEPARATE SYSTEM. Prisoners are confined in
single cells day and night where they lived, they 1. Lock-up Jail
slept, and they ate and receive religious instructions. Is a security facility, common to police stations,
Complete silence was also enforced. They are used for temporary confinement of individual held for
required to read the Bible. investigation.

EARLY FORMS OF PRISON DISCIPLINE 2. Ordinary Jails


The type of jail commonly used to detain a convicted
1. Hard Labor - productive works criminal offender who serves less than three years.
2. Deprivation – deprivation of everything
except the bare essentials of existence 3. Workhouse, Jail Farms or Camp
3. Monotony – giving the same food that is Facility that houses minimum custody offenders who
“off” diet or requiring the prisoners to perform are serving short sentences or those who are
drab or boring daily routine. undergoing constructive work programs. It
4. Uniformity – “we treat the prisoners alike”; “the provides full employment of prisoners, remedial
fault of one is the fault of all”. services and constructive leisure time activities.
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”

PRISON SECURITY, CUSTODY AND CONTROL

SECURITY – It involves safety measures to


maintain the orderliness and discipline with in jail
or prison.
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.

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
THE SEVEN OPERATING CORRECTIONAL feet high. The two fences are from 18 to 20 feet
FACILITIES IN THE PHILIPPINES apart. Usually, the top portion of the fence is provided
with barbed wire.
1. BILIBID PRISONS
A. OLD BILIBID PRISON (CARCEL Y
PRESIDIO CORRECTIONAL) – the main insular C. MINIMUM SECURITY COMPOUND (also
penitentiary during the Spanish regime. This was referred to as Camp Bukang Liwayway) is an open
constructed in 1847 and was formally inaugurated camp with less restrictions and regimentation. This is
in 1865 by virtue of the Royal Decree of the for prisoners who are 65 years old and above,
Spanish Crown. This was located at Azcaraga St. medically certified as invalids and for those prisoners
(now Recto Ave.) then famous “May Haligue Estate” who have six months or less to serve before they are
at nearby Central Market at Oroquieta St. This was released from prison.
constructed in radical spokes-of-a-wheel form with
a tower in the center spoke for easy command and The lethal injection chamber is also located here.
control. This type of institution is usually without a fence and
1. CARCEL – 600 INMATES’ CAPACITY if there is one, its purpose is to keep away the
2. PRESIDIO– 527 INMATES’ CAPACITY civilian population from entering the institution
rather than preventing escapes.
In 1936, the City of Manila exchanged its Muntinlupa
property with that of the Bureau of Prison lot, the 2.SAN RAMON PRISON AND PENAL FARM,
Muntinlupa property was intended as a site for Boys Zamboanga del Sur
Training School, but because it was too far, the – founded by Capt. Ramon Blanco, a member of
City preferred the site of the Old Bilibid Prison, the the Spanish Royal Army and named the prison
present site of Manila City Jail (BJMP). facility after the patron saint. This was initially
intended for the confinement of political
B. NEW BILIBID PRISON, Muntinlupa City prisoners during Spanish era. On August 21,
(Approximately 552 hectares) – this is where the 1869, the San Ramon Prison and Penal Farm in
Bureau of Corrections Central Office is situated. Zamboanga City was established to confine Muslim
The New Bilibid Prison has a capacity of 3,000 rebels and recalcitrant political prisoners opposed
Prisoners. Within the complex are the three (3) to the Spanish rule. The facility which faced the Jolo
security camps administered by a Penal sea had Spanish-inspired dormitories and was
Superintendent and assisted by an Assistant originally set on a 1,414-hectare sprawling estate.
Superintendent in each camp.
Land area: Currently approximately 1,546 hectares
The New Bilibid Prison specializes in the industrial Principal product: Copra, rice, coffee, etc.
type of vocational training. It operates a furniture Year established: 1869 – 1870
shop, shoe repair shop, blacksmith and tinsmith - 2nd oldest prison after Old Bilibid Prison
shop, auto mechanics and automobile body San Ramon has an average population of 1,200
building shop, tailoring, electronics, watch- prisoners
repair, carpentry and rattan furniture shop. It is
also engaged in track gardening, poultry, piggery 3. IWAHIG PRISON AND PENAL FARM (Luhit),
and animal husbandry. Puerto Princesa, Palawan
The Americans established in 1904 the LUHIT
THE THREE (3) SECURITY CAMPS PENAL SETTLEMENT (now Iwahig Prison and
Penal Farm) on a vast reservation of 28,072
A. MAXIMUM SECURITY COMPOUND (Main hectares. It would reach a total land area of 40,000
Building) is for prisoners whose sentences are 20 hectares in the late 1950s. Located on the
years and above, life termers or those under capital westernmost part of the archipelago far from the
punishment, those with pending cases, those under main town to confine incorrigibles with little hope of
disciplinary punishment, those whose cases are on rehabilitation. The area was expanded to 41,007
appeal, those under detention, and those that do not hectares by virtue of Executive Order No. 67
fall under medium and minimum security status. issued by Governor Newton Gilbert on October 15,
= wears tangerine shirt 1912.
= not allowed to do furlough
ENVISIONED BY: Gov. Luke E. Wright ORDERED
This type of institution is characterized by thick all
BY: Gov. William Cameron Forbes With four sub-colonies within the prison compound:
- Envisioned as an institution for incorrigible Central sub-colony
criminals. The first contingent of prisoners who were Pusog sub-clony
confined here revolted against the authorities. Pasugui sub-colony
Yapang sub-colony
The farm is predominantly designed for agro-
industrial activities. Within its area are four (4) sub- - This penal farm is intended for agro-industrial
colonies: activities
Central sub-colony Land area: Approximately 16, 408.5 hectares By
Sta. Lucia sub-colony virtue of: Proclamation no. 72
Montible sub-colony Date established: Sept. 26, 1954
Inagawan sub-colony Principal product: Rice

 All these colonies are administered by a NEAREST PENAL COLONY IN MANILA


Penal Supervisor
 It administers the Tagumpay Settlement 7. DAVAO PRISON AND PENAL FARM,
which is approximately 1, 000 hectares with six Tagum, Davao del Norte
hectares homestead lots distributed to inmates
who desired to live in the settlement after service The Davao Penal Colony was established on
of sentence. January 21, 1932 in accordance, with Act No. 3732
 One of the best open institutions in the and Proclamation No. 414, series of 1931. With two
world. sub-colonies:
 Date established: Nov. 16, 1904 Panabo sub-colony
By virtue of: Reorganization Act of 1407 Kapalong sub-colony
Land area: Approximately 36, 000 hectares – 41,007
(1912)  It administers the Tanglaw
Principal product: rice, corn, copra and other forest Settlement for those inmates who desire to live
product within the compound.
Largest penal colony  30,000 HECTARES
Prison without walls  First headed by: GEN. PAULINO
The most open prison facility SANTOS
The best and the finest prison  RICHEST AND HIGHEST
INCOME EARNER
4. CORRECTIONAL INSTITUTION  BIGGEST FORBANANA AND
Mandaluyong City ABACA PLANTATION
 The only female institution in the NON – OPERATIONAL PRISONS IN THE
Philippines PHILIPPINES
 Since 1934, a female 1. FORT BONIFACIO
Superintendent was assigned to supervise the A committee report submitted to then President
prison facility. Carlos P. Garcia described Fort Bonifacio, formerly
 LOCATED AT WELFARE VILLE known as Fort William McKinley as a military
MANDALUYONG CITY reservation located in Taguig which was established
Year established: 1931 after the Americans came to the Philippines. The
By virtue of: Act 3579 which was passed on Nov. prison was originally used as a detention center for
27, 1929 Vocational activities: Dress making, offenders of US military laws and ordinances.
beauty culture, handicrafts Capacity: 200
2. CORREGIDOR PRISON
In 1908 during the American regime, some 100
5. LEYTE REGIONAL PRISON, Abuyog, Southern prisoners were transferred from the Old Bilibid
Leyte Date established: Jan. 16, 1973 Prison to Corregidor Island to work under military
 Under Proclamation No. 1101 authorities. This move was in accordance with an
 It is a prison facility which has a order from the Department of Instructions which
receiving and process station. approved the transfer of inmates so they could assist
 It has three security facilities – in maintenance and other operations in the stockade.
maximum, medium, minimum.
 Because of its terrain, prison 3. BONTOC PRISON
agro-industrial activities could not be fully The Philippine Legislature during the American
developed. regime passed Act No. 1876 providing for the
 Youngest prison establishment of a prison in Bontoc, Mountain
 Built during martial law - Province. The prison was built for the prisoners of
Ferdinand Marcos. the province and insular prisoners who were
 Fastest growing prison members of the non-Christian tribes of Mountain
 Maximum capacity – 500 Province and Nueva Vizcaya.
prisoners
BJMP MANUAL
6. SABLAYAN PRISON AND PENAL FARM,
Sablayan, Mindoro Occidental POWERS
The BJMP exercises supervision and control over
all district, city and municipal jails.
Conjugal Visitation – refers to the visit by the wife
FUNCTIONS for a short period, usually an hour, more or less, to
A. to enhance and upgrade organizational capability her incarcerated husband during which they are
on a regular basis; thus, making all BJMP allowed privacy and are generally understood to
personnel updated on all advancements in law have sexual contact.
enforcement eventually resulting in greater crime
solution efficiency and decreased inmate Detainee - a person who is accused before a court
population; or competent authority and is temporarily confined in
jail while undergoing or awaiting investigation, trial,
B. to implement strong security measures for the or final judgment.
control of inmates;
Prisoner - an inmate who is convicted by final
C. to provide for the basic needs of inmates; judgment.

D. to conduct activities for the rehabilitation and Inmate - is the generic term used to refer to a
development of inmates; and detainee or prisoner.

E. to improve jail facilities and conditions Escape-Prone Inmates - are inmates who are likely
and have the tendency to escape from the jail facility.
OBJECTIVES
A. To improve the living conditions of offenders Infirmed Inmates - are those inmates who are
in accordance with the accepted standards set by the physically or mentally weak for a prolonged period of
United Nations; time specifically caused by age or illness.

B. To enhance the safekeeping, rehabilitation and Instrument of Restraint - a device, contrivance, tool
development of offenders in preparation for their or instrument used to hold back, keep in, check or
eventual reintegration into the mainstream of society control inmates; e.g., handcuffs.
upon their release; and
Jail Incident -any untoward or uncommon actions,
C. To professionalize jail services events, or conditions such as jail break, riot, noise
barrage, stabbing or assault upon personnel that
DEFINITION OF TERMS occurs in jail and perpetrated by any person, which
may or may not have followed or depended upon
Carpeta - otherwise known as “inmate record or another action of grave or serious consequences
jacket”, contains the personal and criminal such as escape, injury, death, fire, flood, earthquake,
records of inmates, documents related to his/her or other calamity which affects the jail.
incarceration such as but not limited to: commitment
order, subpoenas, personal identification, orders Jailbreak - the escape from jail by more than two
from the court, and all other papers necessarily (2) inmates by the use of force, threat, violence or
connected with the detention of an inmate. deceit or by breaching security barriers such as by
scaling the perimeter fence, by tunneling and/or by
Mittimus Order - a warrant issued by a court other similar means or by burning or destructing of
bearing its seal and the signature of the judge, the facility or a portion of the facility with or without
directing the jail or prison authorities to receive the aid of jail officer or any other person.
inmates for the service of sentence.
Jail escape - it is an act of leaving from jail of an
Contraband - any article, item, or thing prohibited inmate through unofficial and illegal ways or
by law and/or forbidden by jail rules that would without any legal order from the authorities.
pose as security hazards or endanger the lives of
inmates. Rehabilitation - a program of activity directed to
restore an inmate’s self respect and sense of
Illegal Contraband- are those that are unlawful in responsibility to the community, thereby making
themselves and not because of some extraneous him/her a law-abiding citizen after serving his/her
circumstances (i.e. dangerous drugs, weapons, sentence.
potential weapons, explosives).
Safekeeping - refers to the temporary custody of a
Nuisance Contraband - are those that may not be person for his/her own protection from the
classified as illegal under the Philippine laws but are community he or she comes from, and for the
forbidden by jail rules i.e. cellphone, money or other community he or she comes from.
commodities of exchange such as jewelry,
appliances and gadgets, excessive wearing apparels Sex Offenders - are those inmates who committed
and sleeping paraphernalia, intoxicating liquors, crimes involving sex, including rape, molestation,
cigarettes, pornographic materials, gambling pedophilia, sexual harassment and pornography
paraphernalia and other products that are considered production or distributions.
as instruments for vices since they threaten the
security, fire safety, sanitation of the facility, and the Sexual Deviates - inmates who have a type of
orderly activities of the jail. mental disorder characterized by a preference for or
obsession with unusual sexual practices, as
pedophilia, sadomasochism, or exhibitionism or Insular Prisoner - one who is sentenced to a
inmates whose sexual practices are socially prison term of three
prohibited. (3) years and one (1) day to reclusion perpetua or life
imprisonment;
Suicidal Inmates - are those inmates who have a
tendency to commit suicide or to harm themselves. Provincial Prisoner - one who is sentenced to a
prison term of six (6) months and one (1) day to three
Bisexual - are those inmates who have a sexual (3) years;
attraction or sexual behavior toward both males
and females, and may also encompass sexual City Prisoner - one who is sentenced to a prison
attraction to people of any gender identity or to a term of one (1) day to three (3) years; and
person irrespective of that person’s biological sex or
gender. Municipal Prisoner - one who is sentenced to a
prison term of one (1) day to six (6) months.
Gay - is a male homosexual inmate, who
experiences romantic love or sexual attraction to CLASSIFICATION OF DETAINEES
fellow male inmates.
a. Undergoing investigation;
Lesbian - is a female homosexual inmate, who b. Awaiting or undergoing trial;
experiences romantic love or sexual attraction to and
fellow female inmates. c. Awaiting final judgment.

Transgender - are those inmates whose gender INMATES SECURITY CLASSIFICATION


identity or gender expression does not match
with their innate sexual identity. A. High Profile Inmate - those
who require increased security based on
COMMITMENT AND CLASSIFICATION OF intense media coverage or public concern as
PRISONERS AND DETAINEES a result of their offense such as but not limited to
those who have been involved in a highly
COMMITMENT controversial or sensationalized crime or those
Means entrusting for the confinement of an who became prominent for being a politician,
inmate to a jail by a competent court or authority, government official, multi-million entrepreneur,
for the purposes of safekeeping during the religious or cause-oriented group leader and
pendency of his/her case. movie or television personality.

COURTS AND OTHER ENTITIES AUTHORIZED B. High Risk Inmate - those who
TO are considered highly dangerous and who
COMMIT A PERSON TO JAIL require a greater degree of security, control
and supervision because of their deemed
Supreme Court; capability of escape, of being rescued, and
Court of Appeals; their ability to launch or spearhead acts of
Sandiganbayan; violence inside the jail. This includes those
Regional Trial Court; charged with heinous crimes such as murder,
Metropolitan/Municipal Trial Court; kidnapping for ransom, economic sabotage,
Municipal Circuit Trial Court; syndicated or organized crimes, etc. Also
Congress of the Philippines; and included are inmates with military or police
All other administrative bodies or persons authorized trainings or those whose life is in danger or
by law to arrest and commit a person to jail. under imminent threat.
C.
CLASSIFICATION D. High Value Target (HVT) - a
target, either a resource or a person, who may
Refers to assigning or to grouping of inmates either be an enemy combatant, high ranking
according to their respective penalty, gender, age, official or a civilian in danger of capture or
nationality, health, criminal records, etc. death, typically in possession of critical
intelligence, data, or authority marked as an
CATEGORIES OF INMATES objective for a mission and which a commander
The two (2) general categories of inmates are: requires for the successful completion of the
same.
A. Prisoner - inmate who is convicted by final
judgment; and E. Security Threat Group - any
formal or informal ongoing inmates’ group,
B. Detainee - inmate who is undergoing gang, organization or association consisting
investigation/trial or awaiting final judgment. of three or more members falling into one of
the following basic categories: street gangs,
CLASSIFICATION OF PRISONERS prison gangs, outlaw gangs, traditional
organized crime, aboriginal gangs, subversive
The four (4) main classes of prisoners are: groups and terrorist organizations.
F. Subversive Group - a group of medical certificate taken within 24 hours prior to
persons that adopts or advocates subversive admission;
principles or policies tending to overthrow or c) Complaint/Information;
undermine an established government. d) Police Booking Sheet; and
e) Certificate of Detention from
G. Terrorist Group - a group of PNP and/or NBI.
persons that commits any of the following:
piracy and mutiny in the high seas or in the RECORDS UNIT- This unit examines the
Philippine waters, rebellion or insurrection, coup completeness and authenticity of the
d’état, murder, kidnapping and serious illegal requirements for Commitment (Commitment Order,
detention, crimes involving destruction, arson, Booking Sheet, Arrest Report and Information)
hijacking, violation of laws on toxic substances before it refers the inmate for physical examination
and hazardous and nuclear waste control, by the Health Unit.
violations of atomic energy regulations, anti-
piracy and anti highway robbery, illegal and HEALTH UNIT: Checks the authenticity of the
unlawful possession, manufacture, dealing in, entries in the medical certificate; conducts
acquisition or disposition of firearms, ammunition thorough physical examination of the inmate to
or explosives. determine his or her true physical condition; and
asks searching questions to determine injury/injuries
H. Violent Extremist Offender found to have been sustained by the inmate after the
(VEO) - a person whose political or religious conduct of medical examination or those injuries not
ideologies are considered far outside the diagnosed prior to commitment in jail.
mainstream attitudes of the society or who
violates common moral standards and who has In case of any discrepancy found during physical
adopted an increasingly extreme ideals and examination but same discrepancy is not
aspirations resorting to the employment of indicated in the medical certificate, the
violence in the furtherance of his/her beliefs. committing officer shall be required to secure
another medical certificate of the inmate.
I. Medium Risk Inmates -those
who represent a moderate risk to the public If no discrepancy is found during physical
and staff. These inmates still require greater examination, the inmate shall be referred back to the
security, control and supervision as they Records Unit.
might escape from and might commit violence
inside the jail. RECORDS UNIT
1. Start the booking procedures:
J. Minimum Risk Inmates a) Accomplish the jail booking
(Ordinary Inmates) - those inmates who have sheet;
lesser tendencies to commit offenses and b) Strip-search the inmate to
generally pose the least risk to public safety. check for any birth marks, tattoos, etc;
In most cases, they may be first time offenders c) Encode the inmate's information
and are charged with light offenses. to the NIMS;
d) Fingerprint and photograph
REQUIREMENTS FOR COMMITMENT the inmate with mug shot background; and
e) List the names of the visitors
No person shall be committed to any jail authorized by the inmate.
facility without the following required documents:
2. Apprise the inmate in a dialect that he/she
a. Commitment Order; understands of the provisions of Art 29 of the
b. Medical Certificate - recent RPC which was further amended by R.A. 10592;
medical certificate taken within 24 hours prior to
admission; Facilitate the signing of the Detainee’s
c. Complaint/Information; Manifestation if he/she agrees to abide by the same
d. Police Booking Sheet; and disciplinary rules imposed upon convicted inmates.
e. Certificate of Detention from Otherwise, the warden issues a certification
PNP and/or NBI. under oath manifesting that the inmate was
apprised of the provision of Art 29 of the RPC as
RECEPTION PROCEDURES amended and refused to abide by the same; and

GATER - He or she checks the credentials of the PROPERTY CUSTODIAN


person bringing the inmate/the committing 1. Checks the inmate’s
officer to determine his/her identity and authority. belongings for presence of contraband.
Also, he or she reviews the completeness of the Discovery of any contraband shall be treated in
following documents before the person bringing an accordance with existing policies.
inmate/the committing officer is allowed to enter the 2. Takes all cash and other
facility. The documents mentioned earlier refer to the: personal properties from the inmate, lists them
down on a receipt form with duplicate, duly
a) Commitment Order; signed by him/her and countersigned by the
b) Medical Certificate – recent inmate. The original receipt should be given to
the inmate and the duplicate be kept by the present mental state of the inmate and to
Property Custodian. diagnose any existing psychiatric illness for further
3. Keeps all cash and other treatment.
valuables of the inmate in a safety vault. Said
cash and valuables may be turned over to any 8. Case Management -The case manager shall be
person authorized by the inmate. responsible for the consolidation of all the results
4. Refers the inmate to the desk and shall make the proper decision as to the
officer. classification of the inmates and the identification
development programs for each inmate.
DESK OFFICER - books the newly committed
inmate in the jail blotter; assigns the inmate to 9. Inmate Orientation and Counseling -
a reception area, if any, where he/she shall be inmate shall be oriented on the basic jail rules and
scheduled for orientation on jail rules and regulations.
regulation, and Shall undergo risk assessment and
classification, evaluation and conduct of further 10. Inmate Evaluation and Classification - inmate
medical evaluation/screening by the Medical Officer. will now be classified based on the level of risk and
present physical, mental and emotional state.
ASSISTANT WARDEN OR OFFICER OF THE
DAY - Orients the newly committed inmates on jail 11. Proper Cell Assignment and Development
rules and regulations using the Inmate’s Orientation Plans
Sheet.
12. The newly committed inmate is encouraged to
JAIL WARDEN - Coordinates with concerned participate in the recommended development
agencies regarding the case of inmate for speedy programs.
disposition and to furnish them with copies of the
available needed documents. 13. Monitoring

CLASSIFICATION BOARD DISCIPLINARY BOARD


Each jail shall maintain a classification board, if
facilities and personnel are available, to be Chairperson - Assistant Warden
composed of the following: Member - Chief, Custodial/Security Office Member -
Medical Officer/Public Health Officer Member - Jail
Chairperson - Assistant Warden Chaplain
Member - Chief, Custodial/Security Office Member - Member - Inmates Welfare and Development Officer
Medical Officer/Public Health Officer Member - Jail Member - Inmates’ Representative
Chaplain
Member - Inmates Welfare and Development Officer If the above composition is not feasible because of
personnel limitation, the warden shall perform the
CLASSIFICATION PROCESS board’s functions and he shall act as the summary
disciplinary officer.
1. Admission of Inmate
Once the inmate has undergone the registration AUTHORIZED DISCIPLINARY
process; he/she will be temporarily housed at the ACTIONS/MEASURES
Inmate Classification and Counseling Unit (ICCU)
in jails where it is available. The inmate shall stay FOR INMATES
at the ICCU for a minimum period of thirty
(30) days but not exceeding sixty (60) days or For Detainees:
until the completion of the classification process. At a. Admonition or verbal reprimand;
the ICCU, the newly committed inmate will undergo b. Restitution or reparation;
assessment by the different health professionals. c. Temporary or permanent
cancellation of all or some recreational privileges;
2. Medical Examination d. Reduction of visiting time;
3. Dental Examination e. Close confinement in a cell for
4. Psychological Examination a period not exceeding seven (7) days in any
calendar month, provided that this disciplinary
5. Social Case Study - The jail social worker at action shall be imposed only in the case of an
the ICCU shall conduct in-depth interview with incorrigible inmate, and when other disciplinary
the newly admitted inmate, an interview that measures had been proven ineffective; and
considers the "who the inmate is" from birth up to f. Transfer to another BJMP jail in
the present including his/her familial, educational, the area, in coordination with the Court.
social, vocational and other issues that has an
impact on his/her personality. For Prisoners:
a) Admonition or verbal reprimand;
6. Risk Assessment - A risk assessment tool shall b) Restitution or reparation;
be utilized to determine the level of violence/risk c) Additional job functions/community
the inmate poses, either external or internal. service within the jail premises;
d) Temporary or permanent
7. Psychiatric Evaluation - to determine the cancellation of some or all recreational
privileges;
e) Reduction of visiting time; 3. Records/Admin Officer
f) Close confinement in a cell for A. Starts processing inmate’s release.
a period not exceeding seven(7) days in B. Checks inmate records to ensure that the data in
any calendar month, provided that this the release order coincide with the data in the
disciplinary action shall be imposed only in inmate’s carpeta (spelling of name, offense, Criminal
the case of an incorrigible inmate, and when Case Number, etc.).
other disciplinary measures had been proven C. Checks that the inmate has no other pending
ineffective; case/s.
g) Transfer to another BJMP jail in D. Routes the release paper to different signatories.
the area in coordination with the Court;
h) Suspension of visiting privileges
for a period not exceeding one (1) month, 4. Property Custodian
provided that this sanction shall not apply to 1. Checks on the receipt of property and returns to
the lawyer, physician or religious minister the inmate his/her deposited items.
serving the needs of the prisoner. 2. Makes sure that returned items of the inmate are
i) Permanent cancellation of duly received and properly recorded.
visiting privileges with respect to persons
not included in the definition of immediate 5. Desk Officer
family under RA 7438, provided that this Records the release of inmate and the condition of
sanction shall not apply to the lawyer, the inmate upon his/her release.
physician or religious minister serving the
needs of the prisoner. 6. Jail Warden
Reports to concerned agencies/persons the release
In addition to the above-mentioned punishment, the of inmate for aftercare program.
disciplinary board may recommend to the warden
partial or full forfeiture of good conduct time
allowance (GCTA) to be earned for a particular DUTIES AND FUNCTIONS OF THE DISCIPLINARY
month and subsequent months depending upon the BOARD
gravity of the offense.
The Board is tasked to investigate the facts of an
MODES AND GUIDELINES FOR RELEASE alleged misconduct referred to it. It shall hold
sessions as often as necessary in a room, which
An inmate may be released through: may be provided for the purpose. All cases referred
a. Service of sentence; to it shall be heard and decided within forty-eight
b. Order of the Court; (48) hours from the date of receipt of the case
c. Parole;
d. Pardon; and PROCEDURES IN THE HEARING OF
e. Amnesty DISCIPLINARY CASES
Note:
Before an inmate is released, he/she shall be Upon submission of the complaint to the desk officer,
properly identified to ensure that he/she is the same he/she will submit a written report to the warden
person received and is subject of release. and the latter will direct the investigation unit to
conduct an investigation within 24 hours.
No inmate shall be released on a mere verbal order
or an order relayed via telephone. If no sufficient ground – warden will dismiss the
case
Upon proper verification from the court of the If minor violations – warden
authenticity of the order, an inmate shall be released If less grave or grave violations – warden will
promptly and without unreasonable delay; endorse it to disciplinary board for hearing, or
decide it in himself/herself as summary disciplinary
Under proper receipt, all money earned, other officer in the absence of the latter
valuables held and entrusted by the inmate upon
admission, shall be returned to him/her upon release; Decisions of the board are subject to review and
a approval by the warden whose decision should be
final and executory.
The released inmate shall be issued a certification of
discharge from jail by the warden or his/her PUNISHABLE ACTS
authorized representative.
MINOR OFFENSES:
PROCEDURE ON RELEASING a. Selling or bartering with fellow
1. Desk Officer inmate(s) those items not classified as
Upon receipt of release order, the desk officer shall contraband;
coordinate with the paralegal officer for verification of b. Rendering personal service to fellow inmate(s);
the authenticity of said order. c. Untidy or dirty personal
appearance;
2. Paralegal Officer d. Littering or failing to maintain
Verifies the authenticity of the release order. cleanliness and orderliness in his/her quarters
and/or surroundings; g. Punishing or inflicting injury or
e. Making frivolous or groundless any harm upon himself/herself or other inmates;
complaints; h. Receiving, keeping, taking or
f. Taking the cudgels for or drinking liquor and prohibited drugs;
reporting complaints on behalf of other i. Making, improvising or keeping
inmates; any kind of deadly weapon;
g. Reporting late for inmate j. Concealing or withholding
formation and inmate headcount without information on plans of attempted escapes;
justifiable reasons; and k. Unruly conduct and flagrant
h. Willful waste of food. disregard for discipline and instructions;
l. Escaping, attempting or planning
LESS GRAVE OFFENSES: to escape from the institution or from any guard;
a. Failure to report for work detail without sufficient m. Helping, aiding or abetting others to escape;
justification; m. Fighting, causing any
b. Failure to render assistance to an injured disturbance or participating therein and/or
personnel or inmate; agitating to cause such disturbance or riot;
c. Failure to assist in putting out fires inside the jail; n. Indecent, immoral or lascivious
d. Behaving improperly or acting boisterously acts by himself/herself or othersand/or allowing
during religious, social and other group functions; himself/herself to be the subject of such
e. Swearing, cursing or using profane or indecent, immoral or lascivious acts;
defamatory language directed at other persons; o. Willful disobedience to a
f. Malingering or pretending to be sick to skip work awful order issued by any BJMP personnel;
assignment; p. Assaulting any BJMP personnel;
g. Spreading rumors or malicious intrigues to q. Damaging any government
besmirch the honor of any person, particularly BJMP property or equipment;
personnel; r. Participating in kangaroo court,
h. Failure to stand at attention and give due respect an unauthorized or irregular court conducted
when confronted by or reporting to any BJMP with disregard for or perversion of legal
personnel; procedures as a mock court by the inmates in a
i. Forcing fellow inmates to render personal service to jail/prison;
him/her and/or to others; s. Affiliating with any gang or
j. Exchanging uniforms or wearing clothes other than faction whose main purpose is to foment
those issued to him/her for the purpose of regionalism or to segregate themselves from
circumventing jail rules; others;
k. Loitering or being in an unauthorized place; t. Failing to inform the authorities
l. Using the telephone without authority from the desk concerned when afflicted with any
officer/warden; communicable disease, such as
m. Writing, defacing, or drawing on walls, floors or tuberculosis, sexually-transmitted diseases,
any furniture or equipment; etc.;
n. Withholding information, which may be inimical or u. Engaging in gambling or any
prejudicial to the jail administration; game of chance;
o. Possession of lewd or pornographic literature v. Committing any act which
and/or photographs; violates any law or ordinance, in which case,
p. Absence from cell, brigade, place of work during he/she shall be prosecuted criminally in
headcount, or at any time without justifiable reason; accordance with law; and
and w. Committing any act prejudicial to
q. Failure to turn over any implement/article/s issued good order and discipline.
after work detail.
INMATES COUNT
GRAVE OFFENSES: It is imperative that at specified times during each
a. Making untruthful statements 24-hour period, all inmates are physically counted.
or lies in any official communication, transaction, For this type of count, the general procedures are as
or investigation; follows:
b. Keeping or concealing keys or
locks of places in the jail which are off-limits to A. Count each inmate physically at specified times
inmates; or as necessary;
c. Giving gifts, selling, or bartering B. During the count, ensure that all movements of
items with jail personnel; inmates are stopped until the count is completed;
d. Keeping in his/her possession C. The count must be accurate. Make a positive
money, jewelry, cellular phones or other verification to ascertain that the inmates are
communication devices and other items physically present. Refrain from conducting a count
classified as contraband under the rules; on the basis of only having seen any part of his
e. Tattooing others or allowing clothing, hair or shoes;
him/her to be tattooed on any part of the body, D. Submit a report of each count of a group of
or keeping any paraphernalia to be used in inmates to the warden and/or assistant warden
tattooing; (officer of the day); and
f. Forcibly taking or extorting money E. If the total jail count does not tally with the
from fellow inmates and visitors; total jail population at any given time, conduct
another count. Render an immediate report to the attempt to detect contraband. For same gender
warden and/or assistant warden (officer of the day) searches the Pat/Frisk search is normally
relative to any unaccounted inmate. accomplished in concert with Rub Search.

NOTE: RUB SEARCH - is a search wherein the officer rubs


Conduct regular count of inmates at least five to six and/or pats the subject’s body over the clothing, but
(5-6) times within a 24-hour period and strictly in a more intense and thorough manner. In a rub
implement the established procedures in counting search, the genital, buttocks, and breast (of
inmates females) areas are carefully rubbed-areas, which
are not searched in a frisk/pat search. Rub searches
RULES TO BE FOLLOWED WHEN shall not be conducted on cross-gender
TRANSPORTING INMATES individuals.

STRIP SEARCH - is a search, which involves the


NOTES: visual inspection of disrobed or partially
 Whenever possible, transfer shall disrobed subject.
only be made during daytime;
 Long distance transport of one VISUAL BODY CAVITY SEARCH - is a search,
(1) or more inmates shall be escorted by a which involves the inspection of the anus and/or
 minimum of three (3) escort personnel and a vaginal area, generally requiring the subject to bend
back-up vehicle, if available; over and spread the cheeks of the buttocks; to squat
 The most direct and shortest and/or otherwise expose body cavity orifices.
route to the destination shall be taken and no
deviation shall be allowed except when security GREYHOUND FORCE
consideration requires otherwise;
 Team leader of the escort It aims to eliminate in all BJMP manned facilities
personnel must be equipped with a two-way any form of contrabands that could have adverse
radio and/or a mobile phone; implications on overall administration of the facilities
 Using rented vehicle shall not and to ultimately establish order in all jails, promote
be allowed when transporting inmates; Escort operational efficiency and encourage adherence
personnel shall be the first ones to to prescribed operating policies.
disembark from the vehicle and shall position
in a safe distance to ensure clear vision of QUICK RESPONSE TEAM (QRT)
disembarking inmates. However, when
boarding the vehicle, it should be the inmate It is created purposely to respond immediately and
who shall first board the vehicle; efficiently and to contain, control, and solve in the
 Escort personnel are justified in shortest possible time any form of jail
using deadly force to protect themselves incidents/disturbance while waiting for the arrival of
and/or the inmate/s from ambush or any reinforcement from the National/Regional STAR
deadly attack while in transport; team/s and friendly forces.
 Maximum security measure shall
be observed at all times in providing escort to
high risk, high profile inmates and VEO’s
following the ratio of one is to one plus one
escort supervisor; Shall be under the command and control of the jail
 The driver shall not leave the warden, or in his absence, the assistant warden or
vehicle while in court or other authorized the most senior JCO/JNCO.
destination and be watchful of any suspicious
individual; NATIONAL INMATES’ MONITORING SYSTEM
 To avoid unnecessary stops while (NIMS)
in transit, inmates should have relieved
themselves from personal necessity; A dynamic stand-alone client application software is
used in Bureau of Jail Management and Penology
(BJMP) Jails nationwide in automating the inmates’
CONDUCT OF BODY SEARCHES ON JAIL
records.
VISITORS

PURPOSE AND SCOPE BUCOR MANUAL

This SOP aims to provide adequate safeguards PURPOSE OF CONFINEMENT


against the introduction of contraband into jail a. to segregate him from society;
facilities and to establish guidelines for different and
types of searches. All searches should be conducted b. to rehabilitate him so that
in a professional manner, without violating the upon his return to society he shall be a
legal rights of visitors/inmates and with due responsible and law-abiding citizen.
respect and regard to human dignity.
BASIC PRINCIPLES
PAT/FRISK SEARCH - is a search wherein the A. Seek to promote discipline and to secure the
officer pats or squeezes the subject’s clothing to reformation and safe custody of inmates.
B. Shall be applied impartially, without and
discrimination on grounds of race, color, sex, d. Certification that the case of the
language, religion or other opinion, national or social inmate is not on appeal.
origin, property, birth or other status.
C. Shall be enforced with firmness but A female inmate shall be received only at the CIW.
tempered with understanding.
REGISTRATION BOOK
DEFINITION OF TERMS
"CARPETA" refers to the institutional record of an A prison shall keep abound registration book
inmate which consists of his mittimus/commitment wherein all commitments shall be recorded
order, the prosecutor's information and the decision chronologically. The register shall contain the
of the trial court, including that the appellate court, if following entries:
any; A. Name of the inmate;
B. Reason for commitment and the authority therefor;
"PRISON RECORD" refers to information C. Sentence;
concerning an inmate's personal circumstances, D. Date and hour of admission;and
the offense he committed, the sentence imposed, the E. Date and hour of discharge or transfer and basis
criminal case numbers in the trial and appellate therefor.
courts, the date he commenced service of his
sentence, the date he was received for confinement, THE CLASSIFICATION PROCESS
the place of confinement, the date of expiration of his
sentence, the number of previous convictions, if any, DIAGNOSIS – inmates case history is taken and his
and his behavior or conduct while in prison. personality is studied

ADMISSION AND CONFINEMENT OF INMATES TREATMENT PLANNING – formulation of tentative


treatment program best suited to the needs of the
Reception and Diagnostic Center; functions. — person
There shall be a Reception and Diagnostic Center EXECUTION OF TREATMENT PROGRAM – actual
(NOW DRD) in every prison which shall receive, application of the treatment program
study and classify inmates and detainees committed
to the Bureau. RE-CLASSIFICATION – process of monitoring the
Quarantine. — Upon admission in the Reception and response of the prisoner to the treatment program
Diagnostic Center, an inmate shall be placed in and conduct review to the previous finding compared
quarantine for at least five (5) days during which to new information available.
he shall be —
A. given a physical examination to determine any THE RDC STAFF AND THEIR FUNCTIONS
physical illness or handicap or mental ailment and to
segregate those suspected of having an infectious or Psychiatrist — examines the prisoner and prepares
contagious disease. If found sick, the inmate shall be an abstract of his findings. The abstract includes a
immediately confined in the prison hospital; brief statement of the mental and emotional make-
oriented with prison rules; and up of the individual with particular reference to
B. interviewed by a counselor, social worker or abnormalities of the nervous system and the
other program staff officers. The interview shall be presence of psychoses, psychopathic behavior,
conducted in private. neurotic tendencies, paranoid trends and other
special abnormalities.
Assignment of inmate. — After the quarantine
period, the inmate shall remain in the Reception and Psychologist — interviews the man and
Diagnostic Center for a period not exceeding fifty- administers tests. The psychological
five (55) days where he shall undergo psychiatric, a
psychological, sociological, vocational, Sociologist — the prisoner is interviewed by the
educational and religious and other examinations. sociologist. Additional information is obtained
The results of said examinations shall be the basis through correspondence with the prisoner's friends,
for the inmate's individualized treatment program. relatives, and social agencies.
Thereafter, he shall be assigned to a prison facility
as may be recommended by the Chief of the Education Officer or Counselor — the prisoner is
Reception and Diagnostic Center. interviewed by the educational officer in order to
determine his educational strengths and
ADMISSION OF INMATES weaknesses and to recommend suitable educational
program for him.
An inmate shall be admitted in the Reception and
Diagnostic Center of a prison upon presentation of Vocational Counselor — the vocational counselor,
the following documents: by interview, obtains a record of the man's former
employment and tests the man to determine his
a. Mittimus/Commitment Order of general and special abilities, interests and skills.
the court;
b. Information and Court decision The Chaplain - The inmate is interviewed by the
in the case; Chaplain and he is encouraged to participate in
c. Certification of detention, if any; religious worship.
who cannot be trusted in less-secured areas and
Medical Officer — a complete physical examination those whose conduct or behavior require minimum
is given each inmate at which time his medical supervision. Under this category are —
history is obtained. The examination covers the i. those whose minimum sentence
major organs of the body, such as the lungs and the is less than twenty (20) years imprisonment;
heart, and includes tests of the blood and sense ii. remand inmates or detainees
organs. whose sentences are below twenty (20) years;
iii. those who are eighteen (18)
Custodial-Correctional Officer — the Chief of the years of age and below, regardless of the case
correctional unit prepares the custodial officer's and sentence;
abstract which includes all significant iv. those who have two (2) or more
observations made by the correctional officers of records of escapes. They can be classified as
the inmate's behavior and interactions to various medium security inmates if they have served
situations in the dormitory, place of recreation, work eight (8) years since they were recommitted.
assignments, etc. Those with one (1) record of escape must serve
five (5) years; and
CLASSIFICATION OF INMATES v. first offenders sentenced to life
imprisonment. They may be classified as
Classification Board. — Every prison shall have a medium security if they have served five (5)
Classification Board that shall classify inmates in years in a maximum security prison or less,
accordance with this Chapter. The Board shall be upon the recommendation of the Superintendent.
composed of the following: Those who were detained in a city and/or
provincial jail shall not be entitled to said
Chairman: Superintendent classification.
Vice-chairman: Chief, Reception and Diagnostic
Center Members: C. MINIMUM SECURITY — This shall include those
Medical Officer who can be reasonably trusted to serve their
Chief, Education Section Chief, Agro- sentences under less restricted conditions. Under
Industries Section this category are —
Secretary: i. those with a severe physical
Chief Overseer handicap as certified by the chief medical officer
of the prison;
INMATES; HOW CLASSIFIED ii. those who are sixty-five (65)
years old and above, without pending case and
Inmates shall be classified as to security status whose convictions are not on appeal;
and as to entitlement to prison privileges. iii. those who have served one-
half (1/2) of their minimum sentence or one-third
CLASSIFICATION OF INMATES AS TO SECURITY (1/3) of their maximum sentence, excluding
RISK Good Conduct Time Allowance (GCTA) as
provided in Chapter 4,Part III hereof; and
An inmate shall be assigned to any of the following iv. Those who have only six (6)
security groups: months more to serve before the expiration of
their maximum sentence.
A. MAXIMUM SECURITY — This shall include
highly dangerous or high security risk inmates as COLOR OF UNIFORM AS TO SECURITY
determined by the Classification Board who require a CLASSIFICATION
high degree of control and supervision. Under this
category are — The color of the uniform of an inmate shall be
i. those sentenced to death; based on his security classification, as follows:
ii. those whose minimum sentence
is twenty (20) years imprisonment; Maximum security — tangerine
iii. remand inmates or detainees Medium security — blue
whose sentence is twenty (20) years and above Minimum security — brown
and those whose sentences are under review Detainee — gray
by the Supreme Court or the Court of Appeals;
iv. those with pending cases; CLASSIFICATION OF INMATES AS TO
v. recidivists, habitual delinquents ENTITLEMENT TO PRIVILEGES
and escapees; Inmates shall be classified as follows to determine
vi. those confined at the Reception their entitlement to prison privileges:
and Diagnostic center; a. Detainee;
vii. those under disciplinary b. Third Class inmate — one who
punishment or safekeeping; andviii. those who has either been previously committed for three
are criminally insane or those with severe (3) or more times as a sentenced inmate,except
personality or emotional disorders that make those imprisoned for non-payment of a fine and
them dangerous to fellow inmates or the prison those who had been reduced from a higher class;
staff. c. Second Class inmate — a
newly arrived inmate; an inmate demoted from
B. MEDIUM SECURITY — This shall include those first class; or one promoted from the third class;
d. First Class inmate — one from a national prison to a provincial jail, or vice
whose known character and credit for work while versa. The expenses for such transfers shall be
in detention earned assignment to this class borne by the Bureau except the cost of escort
upon commencement of sentence; or one who service which shall be provided by the Philippine
has been promoted from the second class; National Police.
e. Colonist.
OUTSIDE MOVEMENT OF INMATES
PRIVILEGES OF A COLONIST
Movement of inmate outside confinement facility
A colonist shall have the following privileges:
The Superintendent of a prison may authorize an
a. credit of an additional GCTA of five (5) days for inmate to be taken out of prison in the following
each calendar month while he retains said instances:
classification aside from the regular GCTA a. to appear in court or other
authorized under Article 97 of the Revised Penal government agency as directed by competent
Code; authority;
b. for medical
b. automatic reduction of the life sentence imposed examination/treatment or hospitalization in an
on the colonist to a sentence of thirty (30) years; outside clinic or hospital; or
c. to view the remains of a
c. subject to the approval of the Director, to have his deceased relative.
wife and children, or the woman he desires to
marry, live with him in the prison and penal farm. Outside movement of death convict. — A death
Transportation expenses of the family going to and convict shall not be allowed to leave his place of
the discharge of the colonist from the prison and confinement except for the urgent treatment or
penal farm shall be for the account of the government. diagnosis of a life-threatening or serious ailment, if
The family may avail of all prison facilities such as the diagnosis cannot be done or the treatment
hospital, church and school free of charge. All the provided in the prison hospital.
members of the family of a colonist shall be
subject to the rules governing the prison and penal Basis of court appearance. — The court appearance
farm; of an inmate shall be based on a subpoena issued
by the court as endorsed by the Director.
d. as a special reward to a deserving colonist, the
issuance of a reasonable amount of clothing and APPLICATION TO VIEW THE REMAINS OF A
ordinarily household supplies from the DECEASED RELATIVE; SUPPORTING
government commissary in addition to free DOCUMENTS
subsistence; and
A minimum or medium security inmate may, upon
e. to wear civilian clothes on such special written application, be allowed by the Superintendent
occasions as may be designated by the to view the remains of the following relatives upon
Superintendent. written application and submission of the original or
certified true copies of the death certificate, the burial
INMATES WHO ARE SPOUSES permit and the documents specified hereunder:
Husband and wife inmates may be allowed to serve a) Wife or husband (marriage
their sentence together in a prison and penal farm as certificate);
soon as both are classified as colonists. b) Child (birth certificate of child and
marriage certificate of the inmate);
REVOCATION OF COLONIST STATUS c) Brother/sister (birth certificate of
The grant of colonist status may, for cause, be brother/sister and birth certificate of the inmate);
revoked at any time by the Superintendent with the d) Father/mother (birth certificate of
approval of the Director. the inmate);
e) Grandchild (birth certificate of
TRANSFER OF INMATES grandchild and of the latter's parent who may
be son or daughter of the inmate);
Transfer of inmate to another prison. — An inmate f) Grandparent (birth certificate of
may be transferred by the Director upon the the inmate and of his/her parent who is the
recommendation of the Superintendent concerned to son/daughter of the deceased grandparent).
another prison facility to bring said inmate closer to
his family or as part of his rehabilitation program. DURATION OF PRIVILEGE

Transfer of insane inmates. — An inmate who has The inmate may be allowed more or less three (3)
been confirmed to be mentally abnormal or insane hours to view the deceased relative in the place
may be transferred to a mental hospital with the where the remains lie in state but shall not be
approval of the Director. allowed to pass any other place in transit, or to join
the funeral cortege.
Transfer of inmates to a provincial jail and vice
versa. — The President of the Philippines may direct, DISTANCE OF TRAVEL
as the occasion may require, the transfer of inmates
The privilege may be enjoyed only if the deceased assigned to work on jobs suitable to her age and
relative is in a place within a radius of thirty (30) physical condition. She shall be supervised only by
kilometers by road from the prison. Where the women officers.
distance is more than thirty (30) kilometers, the
privilege may be extended if the inmate can leave Old inmate. — An inmate over sixty (60) years of
and return to his place of confinement during the age may be excused from mandatory labor.
daylight hours of the same day.
Place of work assignment. — Only medium and
minimum security inmates may be assigned to
RIGHTS AND PRIVILEGES OF AN INMATE work in agricultural field projects within a prison
reservation. Maximum security inmates shall not
Rights of an inmate. — An inmate shall have the be allowed to work outside the maximum
following basic rights: security compound.

a. to receive compensation for COMPENSATION CREDITS


labor he performs;
b. to be credited with time Inmate compensation. — Six (6) months after
allowances for good conduct and loyalty; being permanently assigned to work in prison, an
c. to send and receive mail matter; inmate may receive compensation credits at rates to
d. to practice his religion or be prescribed by the Director, provided:
observe his faith;
e. to receive authorized visitors; a. He maintains good conduct;
f. to ventilate his grievances and
through proper channels; and b. He shows interest and a
g. to receive death benefits and definite degree of progress in the particular
pecuniary aid for injuries. work assigned to him

PRIVILEGES OF AN INMATE
WITHDRAWAL OF EARNINGS
The following privileges shall also be extended to an The inmate may, at any time, withdraw from his
inmate: compensation earnings in an amount not exceeding
a) Attend or participate in any one-half (1/2) of his total earnings.
entertainment or athletic activity within the
prison reservation; However, in cases of urgent need and at the
b) Read books and other reading discretion of the Superintendent, the whole of his
materials in the library; earnings may be withdrawn. But he may, at any
c) Smoke cigar and cigarettes, time, withdraw any part or all monies received from
except in prohibited places; other sources.
d) Participate in civic, religious
and other activities authorized by prison INMATE COMMUNICATION
authorities; and
e) Receive gifts and Right to communicate. — An inmate shall have the
prepared food from visitors subject to right to communicate or correspond with
inspection. persons and organizations and to send and
receive letters, packages, books, periodicals and
RIGHTS OF A DETAINEE other materials that can be lawfully sent by mail.
A detainee may, aside from the rights and privileges
enjoyed by a finally convicted inmate, wear civilian Collection and delivery of mail. — The mail officer
clothes and to grow his hair in his customary style. shall collect and deliver mail matters on a daily basis,
Monday through Friday. An inmate shall be advised
PRISON LABOR to claim his mail if he fails to claim his letter
within twenty-four
Prison labor of finally convicted inmate. — A (24) hours after it is received in prison.
finally convicted able bodied inmate may be
required to work at least eight (8) hours a day,
except on Sundays and legal holidays, in and Expenses for special delivery of mail. — Inmates
about the prison, public buildings, grounds, roads, shall be allowed to send letters by registered,
and other public works of the national government. In certified, stamped or special delivery at their expense
the interest of the service, however, they may be
required to work on excepted days. Use of telephone. — All offender who demonstrates
good behavior shall earn one telephone call to an
Prison labor of detainee. — A detainee may not authorized individual every ninety (90) days. In
be required to work in prison. However, he may be such a case, the telephone call shall be monitored
made to police his cell and perform such other labor and shall have a duration not exceeding five (5)
as may be deemed necessary for hygienic or minutes. When making the call, the inmate shall
sanitary reasons. identify himself as an inmate.

Female inmate. — A female inmate shall only be GUIDELINES ON CENSORSHIP OF


MAIL MATTERS provided to inmates requesting information about the
activities of any religion with whom they may not be
The sending and receiving of mail by all inmates actually affiliated
shall be governed by the following guidelines:
PUNISHMENT
a) Inmate mail shall be secured Board of Discipline; composition. — The Director
until such time that the censors are ready to shall establish a Board of Discipline in each prison to
examine them. hear cases involving an inmate who violates prison
b) Inmate mail shall be opened rules. It shall be presided over by the Assistant
and searched by qualified, trained and Superintendent.
authorized personnel.
c) Greeting cards shall be IMPOSABLE PUNISHMENT
carefully examined and fillers of any kind The Board of Discipline shall be authorized to
found therein shall be collected for impose any of the following disciplinary measures
laboratory examination. on an errant inmate:
d) Photographs shall be marked a) Caution or reprimand.
on the reverse side and replaced in the b) Cancellation o
envelope. c) Deprivation of GCTA for a
e) In censoring mail, prison specific period.
slang, unusual nicknames and sentences d) Change of security status to the
with next higher category e.g., from medium to
f) double meaning shall be carefully studied and maximum
deciphered.
g) Letters passed by censors shall CONFINEMENT IN DISCIPLINARY CELL
bear the censor's stamp at the top of each
page and on the envelope. The letter shall be If the above corrective measures prove to be
replaced in the same envelope and resealed. ineffective, an obstinate inmate may be punished by
h) The contents of an inmate's confinement in a disciplinary cell from one (1) to two
mail shall be confidential and shall not be (2) months depending upon the gravity of the offense
discussed with other prison personnel. committed. This punishment shall only be meted out
if the prison medical officer, after examination,
INMATE HEAD COUNT certifies that the inmate is fit to undergo the same or
A head count of inmates shall be conducted four (4) will not adversely affect his physical or mental health.
times a day or as often as necessary to ensure that
all inmates are duly accounted for. NOTE:
BJMP (1-7 DAYS)
PROCEDURE FOR INMATE COUNT
RELEASE OF INMATE
The procedure for conducting a periodic
physical head count of inmates shall be as Basis for release of an inmate. — An inmate may be
follows: released from prison:
a. During the count, the inmates i. upon the expiration of his
shall not be allowed to move until the count sentence;
is completed. ii. by order of the Court or of
b. There must be a positive competent authority; or
verification of an inmate's presence. Counting iii. after being granted parole,
an inmate as present on the basis of seeing any pardon or amnesty.
part of his clothing, his hair, or shoes shall not
be made. WHO MAY AUTHORIZE RELEASE
c. A written report on the The following are authorized to order or approve the
results of each head count shall be release of inmates:
submitted to the Chief Overseer. a. the Supreme Court or
d. If the inmate count does lower courts, in cases of acquittal or grant
not tally with the list of inmates, the of bail;
matter shall be immediately reported to the b. the President
Chief Overseer. c. the Board of Pardons and
Parole, in parole cases; and
EXERCISES OF RELIGIOUS BELIEFS AND d. the Director, upon the expiration
PRACTICES of the sentence of the inmate.

Religious freedom. — The religious beliefs and moral


precepts of an inmate shall be respected. APPROVAL BY DIRECTOR RELEASE

An inmate shall only be released by the


Proselytizing. — No prison official shall proselytize Superintendent with the approval of the Director.
inmates under his supervision or allow any inmate to
do so without the consent of the inmate concerned. VERIFICATION OF IDENTITY OF INMATE TO BE
Reasonable opportunity and access shall be RELEASED
4. All telephone calls to and from
Before an inmate is released, he shall be properly the prison compound shall be controlled.
identified. His fingerprints and other identification 5. The Armorer shall issue the
marks shall be verified with those which were taken necessary anti-riot equipment and firearms.
when he was admitted in prison, and any change in 6. Based on his assessment of the
his distinguishing marks since said admission. prevailing conditions, the guard in command
shall deploy the guards into the following groups:
PROHIBITED RELEASE OF INMATES BEFORE (1st,2nd and 3rd group)
AND AFTER ELECTION
1st Group — This is the initial wave of anti-riot
The Director shall not order or allow an inmate to assault contingent who shall be armed with wicker
leave prison sixty (60) days before and thirty (30) shields, protective headgear, gas masks and night
days after an election except for valid or legal sticks or batons, when these are available. The
reasons. objectives of this group are to disperse the rioters
and get their leaders.
SEPARATION AND PLACEMENT CENTER
2nd Group — This is the back-up force of the 1st
An inmate shall, thirty (30) days before his Group who shall be equipped with tear gas guns
scheduled date of release, be transferred to the and gas grenades.
Separation and Placement Center to prepare him
for reentry into free society, provided he is not under 3rd Group — This is composed of guards who are
punishment or an escape risk, and is cleared of his trained in the proper handling and use of firearms.
government property accountability Under the direct command of the guard-in-charge,
they shall provide covering fire to the first two
SECURITY PROCEDURES DURING groups.
EMERGENCIES, RIOTS, ESCAPES OR MAJOR
DISTURBANCES

Control Center shall be under the command of the


Superintendent or, in his absence, the Assistant
Superintendent, and in the latter's absence, the
most senior prison guard present.

NOTES: Procedure during an escape or jailbreak.


 When a jail break is in progress or
has just occurred, the Control Center shall
immediately sound the alarm and the
Superintendent or the Commander of the
Guards shall be notified.
 At the first sound of the alarm, all
inmates shall be locked in their respective EXECUTION OF DEATH PENALTY
cells while those in work detail shall be marched
in orderly manner to their cells. Death penalty, how executed. — The death penalty
 In case of mass jail breaks, all shall be executed under the authority of the Director
members of the custodial force shall be by lethal injection.
immediately issued firearms and assigned to
critical posts to seal off all possible escape Holding cell. — Whenever practicable, the death
routes while teams search the prison premises. convict shall, twelve (12) hours prior to the
Prison personnel who are off-duty shall be scheduled time of execution, be confined in an
required to report for duty immediately. individual cell in a maximum security level facility.
 If any prison officer or employee is The convict shall be provided therein with a bunk, a
held hostage by the escapee, reasonable steel/wooden bed or mat, a pillow, a blanket and a
caution to insure safety shall be taken. If it is the mosquito net.
Superintendent who is taken as hostage, the
Assistant Superintendent shall assume Death watch. — Four (4) guards shall keep a close
command. watch over a death convict confined in the holding
cell. Said guards shall keep a detailed log book of
PROCEDURE DURING RIOTS AND their watch.
DISTURBANCES
Visitation. — A death convict shall be allowed to be
1. Sound the alarm visited by his immediate family and reputable
2. All visitors shall be immediately friends at regular intervals and during designated
ushered out the prison hours subject to security procedures. Subject to the
3. All guards who are not on duty approval of the Superintendent, a death convict shall,
shall be directed to immediately report to the seven (7) days before the scheduled date of
Desk Officer. The most senior guard present execution, be allowed daily visits by his
shall take command of the custodial force and authorized visitors and his attorney of record.
make assessment of the situation.
Log book for mail of death convict. — Thirty (30)
days prior to the execution date, the Superintendent NOTE:
shall instruct the mail room officer to forward all the SEC 13 - NAPOLCOM SEC 23 - PNP
incoming mail of the death convict to the SEC 53 – BFP SEC 66 - PPSC
Commander of the Guards for censorship.
Organization and Key Positions of the BFP and
Suspension of execution of the death sentence. the BJMP
— Execution by lethal injection shall not be inflicted (RA 9263)
upon a woman within one year after delivery, nor
upon any person over seventy (70) years of age. In 1ST IN COMMAND – Chief, BJMP (Rank: Director)
this last case, the death sentence shall be 2ND IN COMMAND - Deputy Chief for Administration
commuted to the penalty of reclusion perpetua (Rank: CSUPT)
with the accessory penalty provided in article 40 of 3RD IN COMMAND - Deputy Chief for Operation
the Revised Penal Code. (Rank: CSUPT)
4TH IN COMMAND - Chief of Directorial Staff (Rank:
Place of execution. — The execution by lethal CSUPT)
injection shall take place in the prison establishment
and space thereat as may be designated by the APPOINTED BY: PRESIDENT RECOMMENDED BY:
Director. Said place shall be closed to public view. SECRETARY OF DILG

Administering of lethal drugs. — The injection Organization and Key Positions of the BFP and
of the lethal drugs to a death convict shall be the BJMP
made by a person designated by the Director. (RA 9263)

Identity of relatives of death convict and of The BFP and the BJMP shall be respectively headed
person administering lethal injection. — The by a Chief who shall be assisted by two (2) deputy
identity of the relatives of the death convict and the chiefs, one (1) for administration and one (1) for
person who were designated to administer the lethal operations, all of whom shall be appointed by the
injection shall be kept secret. President upon recommendation of the Secretary of
the DILG from among the qualified officers with at
REPUBLIC ACT No. 9346 least the rank of senior superintendent in the service
AN ACT PROHIBITING THE IMPOSITION OF
DEATH PENALTY IN THE PHILIPPINES

SECTION 1. The imposition of the penalty of death


is hereby prohibited. Accordingly, Republic Act No.
Eight Thousand One Hundred Seventy-Seven (R.A.
No. 8177), otherwise known as the Act Designating
Death by Lethal Injection is hereby repealed.
Republic Act No. Seven Thousand Six Hundred Fifty-
Nine (R.A. No. 7659), otherwise known as the Death
Penalty Law, and all other laws, executive orders
and decrees, insofar as they impose the death
penalty are hereby repealed or amended
accordingly.

RA 9263
AN ACT PROVIDING FOR THE Lateral Entry of Officer into the BFP and the
PROFESSIONALIZATION OF THE BUREAU OF BJMP
FIRE PROTECTION (BFP) AND THE BUREAU OF (RA 9263)
JAIL MANAGEMENT AND PENOLOGY (BJMP), In general, all original appointments of officers in the
AMENDING CERTAIN, PROVISIONS OF Fire Bureau and Jail Bureau shall commence the
REPUBLIC ACT NO. 6975, PROVIDING FUNDS rank of fire/jail inspector
THEREOF AND FOR OTHER PURPOSES
SECTION 1. Title. - This Act shall be known as the Doctor of Medicine, members of the Philippine
"Bureau of Fire Protection and Bureau of Jail Bar and chaplains shall be appointed to the rank of
Management and Penology Professionalization fire/jail senior inspector in their particular technical
Act of 2004” service. Graduate of the Philippine National Police
Academy (PNPA) shall be automatically appointed to
CHAPTER V the initial rank of fire/jail inspector.
Bureau of Jail Management and Penology (RA
6975) Professionalization and Upgrading of
SECTION 60. COMPOSITION - The Bureau of Jail Qualification Standards in the Designation of
Management and Penology, hereinafter referred to Uniformed Personnel of the BFP and the BJMP to
as the Jail Bureau, is hereby created initially Key Positions. (RA 9263)
consisting of officers and uniformed members of the
Jail Management and Penology Service as a. Municipal Jail Warden. –
constituted under Presidential Decree No. 765. Should have the rank of chief inspector, who
have finished at least second year Bachelor of cutting off an offender from the outside world are
Laws or earned at least twelve (12) units in a afflictive by the very fact of taking from the
master' degree program person the right of self-determination by
depriving him of his liberty. Therefore the prison
b. City Jail Warden. – Should system shall not, except as incidental to justifiable
have the rank of chief inspector, who must segregation or the maintenance of discipline,
have finished at least second year Bachelor of aggravate the suffering inherent in such a
Laws or earned at least twenty four (24) units in situation.”
master's degree program
THE CONCEPT OF REINTEGRATION TO
Provided, That in city jails with a population of one SOCIETY IS STATED IN RULE 58 OF UNSMRTP:
thousand (1,000) or more inmates, the city jail “The purpose and justification of a sentence of
warden shall the rank and qualification of a district imprisonment or a similar measure deprivative of
jail warden. liberty is ultimately to protect society against
crime. This end can only be achieved if the
District Jail Warden, Provincial Jail Administrator, period of imprisonment is used to ensure, so far
Assistant Regional Director for Administration, as possible, that upon his return to society the
Assistant Regional Director for Operations and offender is not only willing but able to lead a law-
Regional Chief of Directorial Staff. – Should have abiding and self-supporting life.”
the rank of senior superintendent, who must be a
graduate of Bachelor of Laws or a holder of a AND THE CONCEPT OF REFORMATION IS
master's degree. STATED IN RULE 59 OF UNSMRTP:

Regional Director for Jail Management and “To this end, the institution should utilize all the
Penology and Director of the Directorate of the remedial, educational, moral, spiritual and other
National Headquarters Office. – Should have the forces and forms of assistance which are
rank of senior superintendent, who must be a appropriate and available, and should seek to apply
graduate of Bachelor of Laws or a holder of a them according to the individual treatment needs of
master's degree. the prisoners.

Deputy Chief for Administration of the Jail


Bureau, Deputy Chief for Operations of the Jail DEFINITION OF TERM
Bureau and Chief of Directorial Staff of the Jail
Bureau. – Should have the rank of senior (a) Safekeeping, which is the custodial component
superintendent, who must be a member of the of the BuCor’s present corrections system, shall refer
Philippine Bar or a holder of a master's degree. to the act that ensures the public (including families
of inmates and their victims) that national inmates
Chief of the Jail Bureau. – Should have the rank of are provided with their basic needs, completely
director, who must be a member of the Philippine incapacitated from further committing criminal acts,
Bar or a holder of a master's degree. and have been totally cut off from their criminal
networks (or contacts in the free society) while
REPUBLIC ACT No. 10575 AN ACT serving sentence inside the premises of the national
STRENGTHENING THE penitentiary. This act also includes protection against
BUREAU OF CORRECTIONS (BUCOR) AND illegal organized armed groups which have the
PROVIDING FUNDS THEREFOR capacity of launching an attack on any prison camp
of the national penitentiary to rescue their convicted
Short Title. – This Act shall be known as "The comrade or to forcibly amass firearms issued to
Bureau of CorrectionsActof2013″. prison guards.

GENERAL PROVISIONS (RA 10575 IRR) (b) Reformation, which is the rehabilitation
component of the BuCor’s present corrections
Declaration of Policy. It is the policy of the State to system, shall refer to the acts which ensure the
promote the general welfare and safeguard the basic public (including families of inmates and their victims)
rights of every prisoner incarcerated in our national that released national inmates are no longer harmful
penitentiary by promoting and ensuring their to the community by becoming reformed individuals
reformation and social reintegration, creating an prepared to live a normal and productive life upon
environment conducive to rehabilitation and reintegration to the mainstream society.
compliant with the United Nations Standard
Minimum Rules for Treatment of Prisoners OPERATIONS OF THE BUREAU OF
(UNSMRTP). It also recognizes the responsibility of CORRECTIONS
the State to strengthen government capability aimed (a) The BuCor shall operate with a directorial
towards the institutionalization of highly efficient and structure. It shall undertake reception of inmates
competent correctional services. through its Directorate for Reception and Diagnostics
(DRD), formerly Reception and Diagnostic Center
The concept of imprisonment is stated in Rule 57 of (RDC), provide basic needs and security through its
UNSMRTP: Security and Operations Directorates, administer
reformation programs through its Reformation
“Imprisonment and other measures which result in Directorates, and prepare inmates for reintegration to
mainstream society through its Directorate for  The fifth officer in command of
External Relations (DER), formerly External the BuCor, with the rank of Superintendent,
Relations Division (ERD). shall have the position and title of Corrections
Superintendent.
The DRD shall be responsible for the conduct of
classification of each and every inmate admitted to
the BuCor. PERSONNEL BUILD-UP OF BUCOR
The Directorate for External Relations (DER) shall (RA 10575 IRR)
be responsible for pre-release and post-release
programs of inmates due for release. Section 10. Increase of Personnel. The BuCor
shall maintain the custodial personnel-to-inmate ratio
THE MANDATES OF THE BUREAU OF of 1:7 for three (3) shifts and reformation personnel-
CORRECTIONS to-inmate ratio of 1:24 for one (1) shift.
A. Safekeeping of National Inmates – The
safekeeping of inmates shall include decent The reformation ratio is broken down into the
provision of quarters, food, water and clothing in following:
compliance with established United Nations
standards. The security of the inmates shall be a) Moral and Spiritual personnel-to-inmate ratio is
undertaken by the Custodial Force consisting of 1:240;
Corrections Officers with a ranking system and b) Education and Training personnel-to-inmate ratio
salary grades similar to its counterpart in the BJMP. is 1:120;
c) Work and Livelihood personnel-to-inmate ratio is
B. Reformation of National Inmates – The 1:180;
reformation programs, which will be instituted by d) Sports and Recreation personnel-to-inmate ratio is
the BuCor for the inmates, shall be the following: 1:225;
a) Moral and Spiritual Program; e) Health and Welfare personnel-to-inmate ratio is
b) Education and Training 1:80; and
Program; f) Behavior Modification personnel-to-inmate ratio is
c) Work and Livelihood Program; 1:150.
d) Sports and Recreation
Program; •Administrative personnel requirements which shall
e) Health and Welfare Program; have a ratio of 1:14.58
and •Engineering personnel ratio of 1:58.33
f) Behavior Modification •Directorate for Reception and Diagnostics and
Program, to include Therapeutic Community. Directorate for External Relations combined
g) personnel ratio of 1:120 (at 50% share each)
The reformation programs shall be undertaken by •Directorate for Inmate Documents and Records
Professional Reformation Personnel consisting of personnel ratio of 1:116.7
Corrections Technical Officers with ranking system
and salary grades similar to Corrections Officers. APPOINTMENT OF PERSONNEL TO THE BUCOR
The appointment of the BuCor shall be effected in
ORGANIZATION AND KEY POSITIONS OF THE the following manner:
BUREAU OF CORRECTIONS (RA 10575)
HEAD: Director General of Corrections (a) Corrections Officer I to Corrections Chief (Rank: U
Superintendent
ASSISTED BY: 2nd in command – Appointed by the Director General of Corrections,
Deputy Directors of Corrections (Rank: Assistant and attested by the Civil Service Commission (CSC);
Secretary) and
-Administration
-Security and Operations (b) Director General of Corrections and Deputy
-Reformation Director of Corrections – Appointed by the
President upon the recommendation of the Secretary
APPOINTED BY: PRESIDENT RECOMMENDED BY: of the DOJ, with the proper endorsement by the
DOJ SECRETARY Chairman of the CSC.
TOUR OF DUTY: NOT EXCEEDING 6 YEARS,
EXPN: IN TIMES OF WAR (DECLARED BY PROFESSIONALIZATION AND UPGRADING OF
CONGRESS) QUALIFICATION STANDARDS IN THE
APPOINTMENT OF THE BUCOR PERSONNEL
 The third officer in command of (a) No person shall be appointed as personnel of the
the BuCor, with the rank of Chief BuCor unless one possesses the following minimum
Superintendent, shall have the position and title qualifications:
of Corrections Chief Superintendent. (1) A citizen of the Republic of the Philippines;
(2) A person of good moral character;
 The fourth officer in command (3) Must have passed the psychiatric/psychological,
of the BuCor, with the rank of Senior drug and physical test for the purpose of determining
Superintendent, shall have the position and title his/her physical and mental health;
of Corrections Senior Superintendent. (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 Provided, That in prison and penal farms with an
discharged or dismissed for cause from previous inmate population of three thousand (3,000) but
employment; below five thousand (5,000), the Regional
(7) Must not have been convicted by final judgment Superintendent shall have the rank and qualification
of an offense or crime involving moral turpitude; and of a Colony Senior Superintendent: Provided,
(8) Must be at least one meter and sixty-two further, That in prison and penal farms with an
centimeters (1.62 m.) in height for male, and one inmate population of over five thousand (5,000), the
meter and fifty-seven centimeters (1.57 m.) for Regional Superintendent shall have the rank and
female: Provided, That a waiver for height and age qualification of a Chief Superintendent.
requirement/s may be granted to applicants
belonging to the cultural communities: Provided,
further, That a new applicant must not be less FACILITIES OF THE BUREAU OF CORRECTIONS
than twenty-one (21) or more than forty (40) years of (RA 10575 IRR)
age. Except for this particular provision, the above-
enumerated qualifications shall be continuing in A) Dormitory – refers to the facility exclusively used
character and an absence of any one of them at any as confinement area of all inmates within the prison
given time shall be ground for separation or camp with specific consideration on spatial
retirement from the service: Provided, furthermore, designation.
That those who are already in the service upon the
effectivity of this Act shall be given five (5) years from Classification of Dormitory
the date of such effectivity to obtain the minimum Type A Dormitory – above 500 inmate capacity
educational qualification and eligibility with subsidiary and lot area of more than 1.5 hectares
assistance as provided for in this Act. Type B Dormitory – 101 to 500 inmate
capacity and lot area of 1.5 hectares
Type C Dormitory – 1 to 100 inmate capacity and
lot area of 3,000 sq. m.

The recommended lot area per inmate is 30 sq. m.

CELL CAPACITY

- Ideal habitable floor area per inmate = 4.7 square


meters
- Maximum number of inmates per cell = 10
- Maximum number of bunks beds = 5 units two level
- Wash area (for utensils, hand washing) = 1 unit
- Water closet (toilet bowl) = 1 unit
PROFESSIONALIZATION AND UPGRADING OF - Bath area = 1 unit
QUALIFICATION STANDARDS IN THE
DESIGNATION OF PERSONNEL OF THE BUCOR REPUBLIC ACT No. 10592
TO KEY POSITIONS AN ACT AMENDING ARTICLES 29, 94,
97, 98 AND 99 OF ACT NO. 3815, AS AMENDED,
1) Sub-Colony Supervisor – Should have the rank OTHERWISE KNOWN AS THE REVISED PENAL
of Senior Inspector, who must have finished at CODE
least-second year Bachelor of Laws or earned at
least twelve (12) units in a master’s degree program Section 1. Article 29 of Act No. 3815, as amended,
otherwise known as the Revised Penal Code, is
2) Colony Assistant Superintendent – Should hereby further amended to read as follows:
have the rank of Chief Inspector, who must have "ART. 29. Period of preventive imprisonment
finished at least second year Bachelor of Laws or deducted from term of imprisonment. –Offenders or
earned at least twenty-four (24) units in a master’s accused who have undergone preventive
degree program imprisonment shall be credited in the service
of their sentence consisting of deprivation of liberty,
3) Colony Superintendent –Should have the rank of with the full time during which they have
Superintendent, who must be a graduate of undergone preventive
Bachelor of Laws or a holder of a master’s degree imprisonment if the detention prisoner agrees
voluntarily in writing after being informed of the
Provided, That in prison and penal farms with an effects thereof and with the assistance of counsel to
inmate population of two thousand (2,000) but below abide by the same disciplinary rules
three thousand (3,000), the Colony Superintendent imposed upon convicted prisoners, except in the
shall have the rank and qualification of a Colony following cases:
Senior Superintendent; and
"1. When they are recidivists, or have been convicted
4) Regional Superintendent – Should have the rank previously twice or more times of any crime; and
of Senior Superintendent or Chief Superintendent, "2. When upon being summoned for the execution
who must be a graduate of Bachelor of Laws or a of their sentence they have failed to surrender
holder of a master’s degree. voluntarily.
Granted only by the director of BUCOR to a
"If the detention prisoner does not agree to convicted inmate & cannot be applied in
abide by the same disciplinary rules imposed BJMP.
upon convicted prisoners, he shall do so in writing Act No. 2489, otherwise known as the Industrial
with the assistance of a counsel and shall be Good Time Law, provides that when a prisoner has
credited in the service of his sentence with been classified as trusty or penal colonists, he is
FOUR-FIFTHS of the time during which he has given an additional 5 days’ time allowance for
undergone preventive imprisonment. every month of service. A prisoner serving life
sentence has his sentence automatically reduced to
"Credit for preventive imprisonment for the 30 years of imprisonment upon attaining the
penalty of reclusion perpetua shall be deducted classification of trusty or penal colonists
from thirty (30) years.
The above mentioned privilege will not apply if,
Whenever an accused has undergone preventive - When they are recidivists, or have been convicted
imprisonment for a period equal to the possible previously twice or more times of any crime; and
maximum imprisonment of the offense charged - When upon being summoned for the execution of
to which he may be sentenced and his case is not their sentence they have failed to surrender
yet terminated, he shall be released immediately voluntarily.
without prejudice to the continuation of the trial
thereof or the proceeding on appeal, if the same is NEW GOOD CONDUCT TIME ALLOWANCE (RA
under review 10592)
1st to 2nd year – 20 days / month
That recidivists, habitual delinquents, escapees 3rd to 5th year – 23 days / month
and persons charged with heinous crimes are 6th to 10th year – 25 days / month
excluded from the coverage of this Act. 11th up – 30 days / month
15 days / month for study and mentoring
In case the maximum penalty to which the May be granted by the Director of BJMP, Director
accused may be sentenced is Destierro, he shall of BuCor and Provincial, City and Municipal Jail
be released after thirty (30) days of preventive Wardens and can now be granted even to a
imprisonment." detainee while undergoing trial.

Section 4. Article 98 of the same Act is hereby DISQUALIFIED FOR GCTA


further amended to read as follows: - Recidivist, quasi-recidivist and habitual delinquents
"ART. 98. Special time allowance for loyalty. – A - Failed to surrender voluntarily after being
deduction of one fifth of the period of his summoned to the execution of the sentence.
sentence shall be granted to any prisoner who,
having evaded his preventive imprisonment or the ***
service of his sentence under the circumstances FIGHTING FUTURE REGISTERED
mentioned in Article 158 of this Code, gives himself CRIMINOLOGISTS!
up to the authorities within 48 hours following the
issuance of a proclamation announcing the passing By : Ma’am Cecille E. Ison
away of the calamity or catastrophe referred
to in said article. A deduction of two-fifths of
the period of his sentence shall be granted in case
said prisoner chose to stay in the place of his
confinement notwithstanding the existence of a
calamity or catastrophe enumerated in Article 158 of
this Code.
"This Article shall apply to any prisoner
whether undergoing preventive imprisonment or
serving sentence."

NOTE:

Art 158 – Evasion of Service of Sentence due to


failure to return within 48 hours after passing of
calamity or disorder. Surrendered after 48 hours
shall also be charged with Art. 158 but must be given
the mitigating circumstance of voluntary
surrender

GOOD CONDUCT TIME ALLOWANCE


OLD GCTA LAW ART 97. RPC
1 st 2 year – 5 days per month
3 rd – 5 th year – 8 days per month
6 th – 10 th year – 10 days per month
11 th – succeeding years – 15 days per month

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