Ca 1 Reviewer
Ca 1 Reviewer
Ca 1 Reviewer
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.
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.
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.
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)
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
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.
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
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.
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.
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
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.
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.
CELL CAPACITY
NOTE: