CORRECTIONAL ADMINISTRATION

CHIVAS GOCELA DULGUIME, R.C

I. INTRODUCTION
PENOLOGY
- the study of punishment of crime.
- a branch of Criminology dealing with prison management, and the deterrence
and reformatory treatment of criminals.
SOURCES OF THE TERM PENOLOGY:
a. Peno was derived from Greek word piono and from the Latin word poena, both terms
mean punishment.
b. Logy was from the Latin word logos, meaning science.
c. Penology d!"ng#!$ %&o' Pen"en"(&y S)en)e- Penology deals with the various means
of fighting crimes as regards to penalties and other measures of security, while Penitentiary
cience is limited only to the study of penalties dealing with deprivation of liberty.
T$e Golden Age o% Penology
- the period from !"#$ to !""$ was considered the golden age of penology because of
the following significant events%
*+,- - the &ational prisons 'ssociation organi(ed in Cincinnati, )hio.
*+,. * the +irst ,nternational Congress was held at London w-c established the
,nternational Penal and Penitentiary Commission. *+,/* its head/uarters was
established at 0ague, &etherlands.
*+,0 * the 1lmira 2eformatory was established in &ew 3ork.
the +irst separate institution for women were established in ,ndiana and
4assachusetts.
DIVISIONS OF CRIMINOLGY:
!. So)ology o% L(1 is an attempt at scientific analysis of the conditions under w-c criminal
laws develop and w-c is seldom included in the book of criminology.
5. C&'n(l E"ology is an attempt of scientific analysis of the causes of crimes.
6. Penology is concerned with the control of crime.
THE CONCEPT OF PENALTY
Penalty in its general sense signifies pain. in the 7udicial sphere, it means suffering
undergone, because of the action of society, to one who commits a crime.
8he very purpose or reason why society has to punish a criminal is to secure 7ustice.
8he state has to protect its e9istence, assess what is right for the people based on moral
principles, which vindicated. 8he giving of punishment, which is e9ercised by society, is the
fulfillment of service and satisfaction of a duty to the people it protects.
PENALTY * it is the suffering that is inflicted by the state for the transgression of law.
PUNISHMENT - an instrument of public 7ustice.
a. ,t is inflicted by the group in its corporate capacity upon one who is regarded as a
member of the same group.
b. Punishment involves pain or suffering produced by designed and 7ustified by some value
that the suffering is assumed to have.
THEORIES OF 2USTIFICATION OF PENALTIES:
!. P&e3en"on . 8he state must punish the criminal to prevent or suppress the danger to the
state arising from the criminal acts of the offender.
5. Sel%-de%en!e . 8he state has the right to punish the criminal as a measure of self*
defense so as to protect society from the threat and wrong action inflicted by the
criminal.
6. Re%o&'("on . 8he ob7ect of punishment in criminal case is to correct and reform the
offender.
:. E4e'5l(&"y . 8he criminal is punished to serve as an e9ample to others to deter from
committing the crime.
;. 2#!")e . 8hat the crime must be punished by the state as an act of retributive 7ustice, a
vindication of absolute right and moral law violated by the criminal.
<. Re"&6#"on . Personal vengeance
#. E45("on o& A"one'en" . ,t is advocated during the pre*historic age. ,t is the e9ecution
of punishment visibly or publicly for the purpose of appeasing a social group.
". De"e&&en)e . Cesare =ecarria, the e9ponent of the Classical 8heory contended that
punishment is to prevent others in committing a crime.
CONSTITUTIONAL RESTRICTIONS OF PENALTIES
Se). .*, A&". IV, *7,8 Con!""#"on o% "$e P$l55ne!. >irects that e9cessive fines shall not
be imposed, nor be cruel and unusual punishment inflicted.
ORIGIN AND HISTORY OF PENALTIES OR PUNISHMENTS
N("#&(l L(1. 8his originated from God ?natural law@ to enforce the law that laid down in 0is
infinite wisdom and power. 0e also prescribed the penalty or punishment.
9(n!$'en": d!"e&&o. 8he first penalty or punishment prescribed by God to 'dam and 1ve
when they disobey 0is order which made them as the first criminals.
Re"&6#"on: Pe&!on(l 3enge(n)e: Re3enge.
8he most common ancient 7ustification of punishment, and this is called the Law of
Aendetta.
T$e Code o% H(''#&(6. 8he oldest written penal law in =abylonia in !#;$ that stopped the
ancient practice of retribution or personal vengeance and punishment became the responsibility
of the state. 8his code of laws was a compilation of the laws of the emetic tribes, and was
written on stone. ,t instituted the law of the 8alon ?Les 8aliones@ w-c means that the state would
mete out punishment e/ually, as an eye for an eye or a tooth for a tooth.
PUNISHMENT IN PRIMITIVE SOCIETY
Mo!" )o''on P#n!$'en"!.
*. De("$
a. Crucifi9ion
b. =eheading
c. 0anging
d. ,mpaling
e. >rowning
f. =urning
.. P$y!)(l "o&"#&e
a. +logging
b. >ismemberment and starvation
c. Public humiliation
d. tocks
e. Pillory
f. >ocking tools
g. =randing and banks
h. 4utilation
8. I'5&!on'en"
a. Confinement in dungeons, galleys, hulks, 7ails, houses of corrections, work
houses and penitentiaries.
;. Fne! (nd %o&%e"#&e o% 5&o5e&"y
CAPITAL PUNISHMENT . ,t is the infliction of death penalty upon a person who
committed a serious crime.
CORPORAL PUNISHMENT . ,t is the infliction of physical pain upon a convicted
criminal.
So)(l 2#!"%)("on o% Pen(l"y
!. P&e3en"on* the state must punish the criminal to prevent or suppress the danger to
the state arising from the criminal acts of the offender.
5. Sel%-de%en!e- the state has a right to punish the criminal as a measure of self*
defense so as to protect society from the threat and wrong inflicted by the criminal.
6. Re%o&'("on* the ob7ect of punishment in criminal cases is to correct and reform the
offender.
:. E4e'5l(&"y* the criminal is punished by the state as an act to deter others from
committing crimes.
;. 2#!")e* that crime must be punished by the state as an act of retributive 7ustice, a
vindication of absolute right and moral violated by the criminal.
P#&5o!e o% Pen(l"y
!. Re"&6#"on o% E45("on- the penalty is commensurate with the gravity of the
offense as a matter of payment for the damage done.
5. Co&&e)"on o% Re%o&'("on- as shown by the rules which regulates the e9ecution of
the penalties consisting in deprivation of liberty, thereby giving chance for his
reformation.
6. So)(l De%en!e- as shown by its infle9ible severity to recidivist and habitual
delin/uents. ociety must provide the welfare of the people against any disorder in
the community.
Go(l! o% Sen"en)ng:
!. Re"&6#"on - is the fact of lasting revenge upon a criminal perpetrator.
5. In)(5()"("on - is the use of imprisonment or other means to reduce the likelihood
that an offender will be capable of committing future offences.
6. De"e&&en)e * is a means which seeks to prevent others from committing crimes or
repeating criminality.
:. Re$(6l"("on * is the attempt to reform a criminal offender, the state in which a
reformed offender is said to be rehabilitated.
;. Re!"o&("on * a goal of which attempts to make the victim whole again.
2#&d)(l Cond"on! o% Pen(l"y
!. 8he penalty must be productive of suffering without affecting the integrity of the
human personality.
5. 8he penalty must be commensurate with the offense, that different crimes must be
punished with different penalties.
6. 8he penalty must be personal in that no one should be punished for the crime of
another.
:. 8he penalty must be legal that it is the conse/uence of a 7udgment according to law.
;. 8he penalty must be certain, that no one may escape its effects.
<. 8he penalty must be e/ual for all.
#. 8he penalty must be correctional.
P&e3en"3e I'5&!on'en"* the accused undergoes preventive imprisonment when the
offense charge is non*bailable, or even if bailable he cannot furnish the re/uired bail.
S#6!d(&y Pen(l"y* ,t is subsidiary personal liability to be suffered by the convict who
has no property with which to meet the fine, at the rate of one ?!@ day for eight pesos, for its
imprisonment. 8his is only applicable when the penalty imposes a fine and not to damages or
civil liabilities imposed upon the convicted felon.
8he de("$ 5en(l"y was restored through 2.' #<;B which took effect on >ecember 6,
!BB6 for certain heinous crimes. uch as 8reason, Piracy, Cualified Piracy, Cualified =ribery,
Parricide, 4urder, ,nfanticide, Didnapping and erious >etention, 2obbery with 0omicide,
destructive 'rson with 0omicide, Plunder, >angerous >rugs and Car napping
. 8he death sentence shall be e9ecuted by lethal ,n7ection as provided under 2epublic 'ct
&o. "!##, which was approved on 4arch 5$, !BB<.
8he death sentence shall be carried out not earlier than one ?!@ year nor later than
!"months after the 7udgments becomes final and e9ecutor. Provided, that the upreme Court
who does the review of the case in which death penalty was imposed have reach a vote of eight
?"@ Eustices as provided under 2epublic 'ct &o. 5B<. )therwise death penalty shall not be
imposed. 8he convicted felon will be given a penalty of reclusion perpetua.
,n all cases where the death sentence has become final, the records of the cases shall
be forwarded to the office of the President for possible e9ercise of the pardoning power.
De("$ Pen(l"y !$(ll no" 6e '5o!ed %:
!. Fhen the guilty person is more than #$ years of age.
5. Fhen upon appeal or automatic review of the case by the upreme Court, the
re/uired votes is not obtained for imposing the death penalty.
6. Fhen the convict is a minor under under !" years of age
De("$ Pen(l"y !$(ll 6e !#!5ended 1$en "$e )on3)" ! (:
!. Pregnant woman.
5. Fithin one ?!@ year after delivery of a pregnant woman..
6. Person over #$ years of age
CRIMINOLOGICAL THEORIES
MODERN THEORIES OF CAUSES OF CRIME INCLUDE:
9olog)(l: 5$y!)(l "$eo&e!- suggest empherical, deductive and inductive process of
observing scientifically analy(ing human behavior thru biological influences of the environment
as the igniting factors.
P$y!olog)(l: 5!y)$("&) %()"o&!- suggest that crimes are the results of physiological
imbalances as well as psychiatric maladaptiveness.
C&'e (nd !o)(l o&g(n<("on stress that crime persists within social organi(ations because
this is the actual social contact of men of different behavior, that to deal and please one another
is e9tremely impossible.
C&'e (nd !o)(l 5&o)e!!- propose that societal institutionali(ation of rules seeks to control
the behavior of the society. 8his is referred to us, deviant process, may fall under the legal
definition of crime, offense or felony.
!. CLASSICAL THEORY- tresses on the crime and not on the person or criminal
offender. ,n this approach, punishment, which is retributive and punitive, is standardi(ed
and proportioned to the gravity and nature of the offense. ,t assumes that every
individual has a free will, knows the penal law. 4oreover, it postulates that man is a
rational being and calculating being who acts with reference to feelings of pleasure and
pain. 8hus, he will refrain from criminal acts if imposed punishment is sufficient to cancel
hope of possible gain and advantage.
CESARE 9ECCARIA- ?!#6"*!"$:@ an ,talian writer, who collected and presented the principles
of 4ontes/uieu, Aoltair, 2ousseau and other eighteenth century writers and philosophers
pertaining to crimes and punishment into a small book entitled Crimes and Punishment which
was published in !#<:.
PRINCIPLES OF THE CLASSICAL SCHOOL:
!. F&!", the rights and liberties of the individual must be conserved. ince all persons
are e/ual, those who commit the same crime should be treated alike.
5. Se)ond, crime is 7udicial abstraction and, therefore, a definite penalty should be
attached to each crime and invariably be inflicted.
6. T$&d, punishment should be limited by the social need. ,ts social utility consists of
definite deterrence influence, and much of it should be inflicted as is necessary to
prevent others from committing the same crime.
5. NEO-CLASSICAL SCHOOL- 8his approach of penology arose at the time of the +rench
revolution and the period immediately thereafter. ,t maintains that while the classical
school doctrine in general is correct, it should be modified in certain details. ,t argues
that since children and lunatic persons cannot calculate pleasure and pain, they should
not be regarded as criminals and as such they should not be punished. 8he reaction to
crime, therefore, under this school is no longer punitive. punishment is imposed on some
lawbreakers but not on others.
6. POSITIVE SCHOOL OF CRIMINOLOGY- also known as the ,talian chool of
Criminology.
- inaugurated in !"#5, by an ,talian army surgeon, Ce!(& Lo'6&o!o.
- Aiews crime as a social phenomena and attaches importance to the criminal offenders.
- ' criminal is like a sick man who needs not to be punished but treated in hospital so that
his illness, that has something to do with the commission of the crime maybe cured.
- 8he concept of guilt may be substituted with that of social behavior, the incurable
criminal should be treated and the correctional institution is to constitute a criminology
school.
II. EUROPEAN 9AC=GROUND
0istorically, institutional confinement has been used since ancient times, but not until the !<$$s
and !#$$s as a ma7or punishment for criminals. Prior to that it was used to%
>etain people before trial
0old prisoners awaiting other sanctions
Coerce payment of debts and fines
0old and punish slaves
'chieve religious indoctrination ?the ,n/uisition@
Cuarantine disease
Fo&e&#nne&! o% Mode&n In)(&)e&("on
* 4odern incarceration strives to change the offenderGs character and is carried out away
from public view.
* 1arly punishments for crime were directed more at the offenderGs body and property.
Goals were to inflict pain, humiliate the offender, and deter onlookers from crime.
* Add"on(l %o&e&#nne&! o% 'ode&n n)(&)e&("on 1e&e:
o 9(n!$'en" - ' punishment, originating in ancient times that re/uired offenders
to leave the community and live elsewhere, commonly in the wilderness.
' practice which has given us the modern word >!)(5ego("ng?.
o T&(n!5o&"("on * ' punishment in which offenders were transported from their
home nation to one of that nationGs colonies to work.
A'e&)(n Re3ol#"on @*,,0A ended the practice of transportation as a
punishment and 1uropeans shifted to the use of ship known as 0ulk as a
confinement facility of the convicted criminals.
o Bo&C$o#!e! - 1uropean forerunners of the modern H.. prison, where
offenders were sent to learn discipline and regular work habits.
9RIDES BELL- @S". 9&dge"D! BellA an institution for locking up,
employing and whipping beggars, prostitutes and night walkers of all
sorts.
+irst house of correction in 1urope.
o GAOLS. 're poorly constructed unsanitary, damp, drafty or airless gloomy
dungeons, foul smelling places of detention in early eighteenth century.
,nmates were poorly clothed, without privacy and the conditions so
deplorable that disease thrive, especially the deadly typhus fever
or goal fever.
,t spawn idleness, vice, perversion, profligacy, shameless
e9ploitation and ruthless cruelty among its inmates as well as its
caretakers thereby making them hotbeds of infection and cesspool
of corruptions.
Ne1 G("e G(ol o% London E the famous Gaol in 1urope.
o HUL= E an old sailing ship that is n o longer used for sea voyages or naval
operations, but is anchored in some 1nglish Port, where they are used for
prisons or places of confinement of convicted criminals.
>uring the 'd *+
"$
)en"#&y, forms of punishment where starting to changed, as the period of
enlightenment begin to emerge. 8raditional punishments were challenged by individuals who
studied the condition of prisoner.
2o$n Ho1(&d I one of the pioneers to advocate the change of punishment and became the
first 1nglish prison reformer who crusaded for a better and humane treatment of prisoners as he
was appointed as the sheriff of =edford hire, a local gaol in 1ngland. 0e visited other prison in
1ngland and 'merica evaluating the conditions of the prisoners, he comes up with prisons
concepts that.
Prisoners must be segregated according to se9, age and gravity of the offense.
8he 7ailer or staff must be paid to prevent e9tortion to prisoners.
' chaplain and medical officer must be employed to address the spiritual and
medical needs of the prisoners.
Prisoners should be provided with clothing and food.
Li/uor should be prohibited in 7ail.
's a result of Eohn 0owardGs findings and recommendations the penitentiary act of !##B was
passed which provided an establishment of a secure, clean and systematic prison and
abolished the fees for basic services. 0e then coined the word >Pen"en"(&y? a concept that
re7ects hard labor as a form of punishment. 8hus, Ml6(nC Pen"en"(&y was constructed in
Clear & Cole, American Corrections, 8
th
Evolution of punishment
in America, 1600 2000 Flow Chart
Crime
Control
Model
1970s - 2000
Community
Model
1960s - 1970s
Medical
Model
1930s - 1960s
Progressive
Period
1890s - 1930s
Reformatory
Movement
1870s - 1890s
Prisons in
out! "
#est
1800$s
%rrival of t!e
Penitentiary
1790s - 1860s
Colonial
Period
1600s - 1790s
!"!5 and finished in !"5!, considered as the first 1nglish prison using the concepts and
principles introduced by Eohn 0oward.
Ml6(nC Pen"en"(&y E constructed on the reformation I by I solitude theory, was a huge
gloomy and towered prison, which looked like a thick spoke wheel, containing three miles
corridors and hundreds of cells.
Ho!5)e de S(n M)$elle I a papal prison which opened in!#$: by Pope Clement J, which
houses only 7uvenile delin/uents and advocated reformation rather than punishment.
T$e P(no5")(n o& n!5e)"on 5&!on $o#!e I is a building plan made by Eeremy =entham
a noted 1nglish classicist which called for a tank like structure, covered by a glass roof. 8he
plan was never reali(ed, however, it was adopted by 2()F#e! Vll(n n *,,*, and applied it to
the Prison of Ghent in =elgium.
III. DEVELOPMENTS IN THE
UNITED STATES
,n colonial 'merica, penal practice was loose, decentrali(ed, and unsystematic, combining
private retaliation with fines, banishment, harsh corporal punishments, and capital punishment.
*. THE PENITENTIARY MOVEMENT - 8he Falnut treet Eail opened in !#B$ in
Philadelphia and is considered the first state prison.
* ,nmates labored in solitary cells and received large doses of religious training.
>Pen"en"(&y? * an institution intended to isolate prisoners from society and from one
another so that they could reflect on their past misdeeds, repent, and thus undergo
reformation.
P&n)5le! o% "$e >5en"en"(&y?
isolate prisoner from bad influences of society * li/uor, temptation, people
penance K silent contemplation
productive labor
reform ?thinking K work habits@
return to society, renewed
key L solitary confinement
isolate from contagion
foster quiet reflection
punishment, since man is social animal
cheap shorter sentence, fewer guards

* Pennsylvania and &ew 3ork pioneered the penitentiary movement by developing two
competing systems of confinement%
Penn!yl3(n( Sy!"e'
A#6#&n !y!"e'
* Bll(' Penn ?!<::I!#!"@ English Quaker who arrived in Philadelphia in 1682.
ucceeded in getting Penns!lvania to adopt "#he $reat %aw& emphasi'ing hard la(or in
a house of correction as punishment for most crimes
* 9enG('n R#!$ ?!#:;I!"!6) Ph!sician, patriot, signer of the *eclaration of
+ndependence, and social reformer, ,ush advocated the penitentiar! as replacement for
capital and corporal punishment.
COMPETING MODELS
* Pennsylvania system * ' penitentiary system developed in Pennsylvania in which each
inmate was held in isolation from other inmates, with all activities, including craft work,
carried on in the cells.
o Separate system
solitary confinement
eat, sleep, work in cell
religious instruction
reflection upon crimes
o reform through
salvation
religious enlightenment
o model for Europe
o e.g.
B(ln#" S". 2(l
Be!"e&n Pen"en"(&y
E(!"e&n S"("e Pen.
* New York system (Auburn System)
o evolved into
Congregate system&
hard labor in shops*day
solitary confinement*night
strict discipline
rule of silence
o reform through
good work habits
discipline
o model for -.economical
o e.g., Auburn Prison, 11!
o won out in -/ more cost.effective la(or/ state negotiated contracts with
manufacturers
* =y the end of the Civil Far, many were /uestioning the value of the penitentiary
movement, as prisons failed to deter crime, and became increasingly e9pensive to
maintain. ' new movement sought to improve the method of incarceration.
So#"$e&n Penology - >evastation of war and economic hardship produced 5 results%
Lease system * Private (usiness negotiated with state for la(or 0 care of inmates..
1entuck! 21823)
Penal farms
tate.run plantations which grew crops
8o feed inmates
8o sell on free market
Be!"e&n Penology:
penology in west not greatly influenced by the ideologies of the east
prior to statehood, prisoners held in territorial facilities or in federal military posts and
prisons
!";5% an Cuentin * CaliforniaGs !st prison
!"##% alem, )regon prison * 'uburn model
western states discontinued use of lease system as states entered into the union
e.g. 4regon, 5alifornia, 6ontana, 7!oming
.. THE REFORMATORY MOVEMENT @ *+,-! - *+7-!A
* 8he effect of the opposing views of 'uburn and Pennsylvania ystem of Prison, a new
concept was developed and emerging into other prisons. 8he concept grew out from the
philosophical beliefs of the outstanding correctional leaders in the person of Captain
'le9ander 4aconochie, ir Falter Crofton and 2utherford =. 0ayes.
* product of disillusionment with oppressive penitentiary system
* focus remained on inmate changeM
* key features%
o indeterminate sentences 8 fi9ed
o offender classification should (e (ased on character 0 institutional (ehavior
o use earl! release as incentive to
H(ll'(&C! o% "$e &e%o&'("o&y 'o3e'en":
N("on(l P&!on A!!o)("on
R#"$e&%o&d 9. H(ye&! E the former President of the Hnited tates, was
elected as the first President of the &ational Prison 'ssociation.
precursor: ;merican 5orrectional ;sso.
strong religious influence 2still)
Cn)nn(" 'ee"ng,*+,-
>eclaration of Principles % 2eformation is a work of time% and a benevolent regard
to the good of the criminal himself, as well as to the protection of society, re/uires
that his sentence be long enough for the reformatory process to take effect.
e"g", #a$%ono$%ie, Cro&ton, 'ro$kway
Re%o&'("o&y * an institution for young offenders emphasi(ing training, a mark system of
classification, indeterminate sentences, and parole.
M(&C Sy!"e' -a system for calculating when an offender will be released from custody, based
on both the crime K his behavior in prison.
devised by Ale4(nde& M()ono)$e ?1ngland@, at &orfolk ,sland penal settlement
?off 'ustralia, !":$@. 4aconochie is considered as the >%("$e& o% P(&ole.?
at sentencing, offender is NgivenG a number of marks, based on offense severity
?a debt to society, to be paid off@
for release, offender must earn marks via
voluntar! la(or
participation in educational, religious programs
good (ehavior
adopted in ,reland, never in 1ngland
I&!$ Sy!"e':
developed by S& B(l"e& C&o%"on
derived from 4aconochieGs mark system
precursor of modern parole
ystem used in Sng Sng P&!on in &ew 3ork, using a reformatory based upon the
concept of an earned early release if the inmate reformed himself.
G(ylo&d 9. H#66ell was the warden which recommended the used of
,ndeterminate sentencing in the 'merican Prisons.
four*stage program of graduated release, based on offender performance
all sentences served in four stages.
1. olitar! confinement . all start here
2. pu(lic works prison . (egin earning marks
<. +ntermediate stage . 2like half.wa! house) after earning enough marks
=. #icket of leave . conditional release
El'&( Re%o&'("o&y I it is an institution for young offenders emphasi(ing training, mark system
of classification, indeterminate sentences, and parole e9clusively given for first time offenders
whose age is within !< to 6$ years old.
Hnder the direction of Oebulon =rockway and considered as the first
reformatory institution opened in 1lmira, &ew 3ork on the year !"#<.
8he 1lmira 2eformatory claimed success in their process of reformation
of offender which includes d(gno!!, nd3d#(l<ed "&e("'en" (nd
&e%o&'("on.
,ts operation involved%
intake interview: determine causes of crime
individuali'ed work 0 education program
mark s!stem of classification 2work, school, (ehavior).
administrators determine release date
Re%o&'("o&y 'o3e'en" end! 6e)(#!e o% "$e %ollo1ng &e(!on:
failed to reform ?like penitentiary@
brutality
corruption
not administered as planned
but, important features survived%
inmate classification
reha(ilitation programs
indeterminate sentences
parole
8. THE INDUSTRIAL PRISON I 8he failure of reformatory style of prison was lead to the
development of attractive alternative where potential profitability of inmate labor was
conceptuali(ed. Prisons in the H.. were converted into industries and farms. 8here are <
?si9@ systems of inmate labor used%
a. Contract ystem I materials were provided by private businesses its manufacturing
process was supervised inside the prison.
b. Piece Price ystem I materials and the products are produced by the prisons and
bought by the private businesses.
c. Public 'ccount system I goods and products are owned and manage by the prison
and sold it to the market.
d. tate I use system I prisoners provided the labor for state agencies.
e. Public works I prisoners work in roads and highways construction and maintenance.
;. THE PROGRESSIVE MODEL
* ;ge of reform% set tone for 'merican social thought K political action until !B<$sM
* condemned ills of new urban society**big business, big industry, urban blight
* faith in science to find answers to
crime, criminal behavior, treatment
* new faith in government action to
eliminate social problems**slums, crime
* trends of period
a. industriali'ation
(. ur(ani'ation
c. technological change
d. scientific advancement
* socially conscious, politically active, mostly upper*class reformers of early !B$$s
* believed science ?positivism@ P state intervention could-should solve social K political
problems
* advocated treatment according to the needs of the offender, not punishment according
to severity of the crime
* subscribed to >5o!"3!'? o&? de"e&'n!'? E @(55l)("on o% !)en"%) (55&o()$A
* Po!"3!" S)$ool - an approach to criminology and other social sciences based on the
assumption that human behavior is a product of biological, economic, psychological, and
social factors, and that the scientific method can be applied to ascertain the causes of
individual behavior
P&n)5le! o% Po!"3!" S)$ool:
=ehavior ?including crime@ is &)8 the product of free will.
(ehavior stems from factors (e!ond control of the individual
Criminals can be treated so they can lead crime*free lives.
8reatment must focus on the individual K his-her problem?s@.
* P&og&e!!3e Re%o&'!:
o 5 strategies for CE reform%
improve general social, economic conditions that seem to (reed crime
reha(ilitate individual offenders
o : planks in progressive platform%
pro(ation 2>ohn ;ugustus, 18=1)
indeterminate sentencing 2(! 1?2@s, <A states)
parole 2(! 1?2@s, == states/ 8@B of releases)
Cuvenile courts 218??, 5ook 5ount!)
o =y !B#$s, most of these enlightened K well*meaning reforms seen as having
failed to live up to their promise.
/. THE MEDICAL MODEL
* a model of corrections positing that criminal behavior is caused by social, psychological,
biological deficiencies that re/uire medical treatment
a. first serious efforts to implement trul! medical strategies aimed at scientificall!
classif!ing, treating, reha(ilitating criminal offenders
(. e.g. "medical& programs 0 institutions
i. psychology ?Darl 4enninger@
ii. 4aryland Patu9ent ,nstitution, !B;;
iii. se9ual psychopath, sociopath laws
iv. crime as sickness
0. THE COMMUNITY MODEL
* model of corrections positing goal of CE% to reintegrate offender into community
* key features
a. prisons should (e avoided/
prison D artificial environment/
prison frustrates crime.free lifest!le
(. need to focus on offenderEs adCustment into societ!/ not Cust on ps!chological
treatment
i. probation
ii. intermediate sanctions.
?alternatives to incarceration@
iii. parole
,. THE CRIME CONTROL MODEL
* less ambitious, less optimistic, less forgiving view of man K
ability of CE to change him
* crime better controlled by more incarceration K strict supervision
* precipitating factors
a. pu(lic concern over rising crime in F6@s
(. disillusionment with treatment
c. pu(lic clamor for longer sentences
d. distrust of (road discretion given to correctional 0 parole authorities
IV. HISTORICAL SETTING OF CORRECTION IN THE PHILIPPINES
C$(5"e& *
T$e P&e-)olon(l (nd S5(n!$ Reg'e!:
>uring the pre*colonial times, the informal prison system was community*based, as
there were no national penitentiaries to speak of. &atives who defied or violated the local laws
were meted appropriate penalties by the local chieftains. ,ncarceration in the community was
only meant to prevent the culprit from further harming the local residents.
8he formal prison system in the Philippines started only during the panish regime, where
an organi(ed corrective service was made operational. 1stablished in !":# pursuant to ection
!#$" of the 2evised 'dministrative Code and formally opened by 2oyal >ecree in !"<;, the )ld
=ilibid Prison was constructed as the main penitentiary on )ro/uieta treet, 4anila and
designed to house the prison population of the country. 8his prison became known as the
Carcel y Presidio Correccional and could accommodate !,!5# prisoners.
8he Carcel was designed to house <$$ prisoners who were segregated according to class,
se9 and crime while the Presidio could accommodate ;5# prisoners. Plans for the construction
of the prison were first published on eptember !5, !";B but it was not until 'pril !$, !"<< that
the entire facility was completed.
8he prison occupied a /uadrangular piece of land !"$ meters long on each side, which was
formerly a part of the 4ayhali/ue 1state in the heart of 4anila. ,t housed a building for the
offices and /uarters of the prison warden, and !; buildings or departments for prisoners that
were arranged in a radial way to form spokes. 8he central tower formed the hub. Hnder this
tower was the chapel. 8here were four cell*houses for the isolated prisoners and four isolated
buildings located on the four corners of the walls, which served as kitchen, hospital and stores.
8he prison was divided in the middle by a thick wall. )ne*half of the enclosed space was
assigned to Presidio prisoners and the other half to Carcel prisoners.
,n !B$", concrete modern 5$$*bed capacity hospitals as well as new dormitories for the
prisoners were added. ' carpentry shop was organi(ed within the confines of the facility. +or
sometime the shop became a trademark for fine workmanship of furniture made by prisoners. 't
this time, sales of handicrafts were done through the institutions and inmates were
compensated depending on the availability of funds. 's a conse/uence, inmates often had to
sell through the retail or barter their products.
)n 'ugust 5!, !"<B, the an 2amon Prison and Penal +arm in Oamboanga City was
established to confine 4uslim rebels and recalcitrant political prisoners opposed to the panish
rule. 8he facility, which faced the Eolo sea had panish*inspired dormitories and was originally
set on a !,:!:*hectare sprawling estate.
C$(5"e& .
T$e A'e&)(n (nd Co''on1e(l"$ Go3e&n'en"!:
Fhen the 'mericans took over in the !B$$s, the =ureau of Prisons was created under
the 2eorgani(ation 'ct of !B$; ?'ct &o. !:$# dated &ovember !, !B$;@ as an agency under the
>epartment of Commerce and Police. ,t also paved the way for the re*establishment of an
2amon Prison in !B$# which was destroyed during the panish*'merican Far. )n Eanuary !,
!B!;, the an 2amon Prison was placed under the auspices of the =ureau of Prisons and
started receiving prisoners from 4indanao.
=efore the reconstruction of an 2amon Prison, the 'mericans established in !B$: the ,uhit
penal settlement ?now ,wahig Prison and Penal +arm@ on a vast reservation of 5",$#5 hectares.
,t would reach a total land area of :$,$$$ hectares in the late !B;$s. Located on the
westernmost part of the archipelago far from the main town to confine incorrigibles with little
hope of rehabilitation, the area was e9panded to :!,$$# hectares by virtue of 19ecutive )rder
&o. <# issued by Governor &ewton Gilbert on )ctober !;, !B!5.
)ther penal colonies were established during the 'merican regime. )n &ovember 5#, !B5B,
the Correctional ,nstitution for Fomen ?C,F@ was created under 'ct &o. 6;#B to provide
separate facilities for women offenders while the >avao Penal Colony in outhern 4indanao
was opened in !B65 under 'ct &o. 6#65.
C$(5"e& 8
T&(n!%e& o% "$e Old 9l6d "o M#n"nl#5(:
8he increasing number of committals to the )ld =ilibid Prison, the growing urbani(ation
of 4anila and the constant lobbying by conservative groups prompted the government to plan
and develop a new site for the national penitentiary, which was to be on the outskirts of the
urban center. 'ccordingly, Commonwealth 'ct &o. <# was enacted, appropriating one million
?P!,$$$.$$$.$$@ pesos for the construction of a new national prison in the southern suburb of
4untinlupa, 2i(al in !B6;. 8he old prison was transformed into a receiving center and a storage
facility for farm produce from the colonies. ,t was later abandoned and is now under the
7urisdiction of the Public 1states 'uthority.
)n &ovember !;, !B:$, all inmates of the )ld =ilibid Prison in 4anila were transferred to
the new site. 8he new institution had a capacity of 6,$$$ prisoners and it was officially named
the &ew =ilibid Prison on Eanuary 55, !B:!. 8he prison reservation has an area of ;"#
hectares, part of which was arable. 8he prison compound proper had an area of 6$$ 9 6$$
meters or a total of nine hectares. ,t was surrounded by three layers of barbed wire.
C$(5"e& ;
De3elo5'en"! A%"e& BBII:
'fter Forld Far ,,, there was a surplus of steel matting in the inventory and it was used
to improve the security fences of the prison. ' death chamber was constructed in !B:! at the
rear area of the camp when the mode of e9ecution was through electrocution. ,n the late N<$s,
fences were further reinforced with concrete slabs. 8he original institution became the ma9imum
security compound in the #$s and continues to be so up to present, housing not only death
convicts and inmates sentenced to life terms, but also those with numerous pending cases,
multiple convictions and sentences of more than 5$ years.. ,n the !B"$s, the height of the
concrete wall was increased and another facility was constructed, 5.; kilometers from the main
building. 8his became known as Camp ampaguita or the 4edium ecurity Camp, which was
used as a military stockade during the martial law years and the 4inimum ecurity Camp,
whose first site was christened =ukang Liwayway. Later on, this was transferred to another
site within the reservation where the former depot was situated.
Hnder Proclamation &o. #5 issued on eptember 5<, !B;:, the ablayan Prison and Penal
+arm in )ccidental 4indoro was established. ,n 8he Leyte 2egional Prison followed suit under
Proclamation &o. !!$! issued on Eanuary !<, !B#6.
C$(5"e& /
9&"$ o% "$e Re)e5"on (nd D(gno!") Cen"e&:
2ecogni(ing the need to properly orient newly committed prisoners to the =ureau of
Corrections, the 2eception and >iagnostic Center ?2>C@ was created through 'dministrative
)rder &o. ", series of !B;6 of the >epartment of Eustice. ,t was patterned after the reception
facilities of the California tate Prison. 8he 2>C is an independent institution tasked to receive,
study, and classify all national prisoners committed by final 7udgment to the &ational
Penitentiary.
8he first 2>C facility was created in =uilding &o. B of the 4a9imum ecurity Compound of
the &ew =ilibid Prison ?&=P@, 4untinlupa City. 8o isolate the facility from the ma9imum security
wing which was rocked by violence in !B#6, the 2>C was relocated to =uilding &o. #, formerly
referred to as 4etro Eail of the 4edium ecurity Compound of Camp ampaguita, &=P. 8o
further insulate the newly received inmates from gangs, the Center was transferred to what was
once the military command post ad7acent to the 4edium ecurity facility where the 2>C
remains to this day. 8he 2>C is a separate division with a technical function. 8he Chief of the
2>C sees to its independence in carrying out its tasks of receiving and classifying all male
national inmates committed to the =ureau of Corrections by the competent courts. 8he 2>C
chief reports directly to the >irector all the activities undertaken by 2>C personnel.
8he success of prison rehabilitation programs depends on how the 2>C handles the
orientation, diagnosis and treatment of newly arrived inmates. 1very effort is made to determine
an inmateGs strength as well as moral weaknesses, physical inade/uacies, character disorders,
and his educational, social and vocational needs. ,t is during the first si9ty ?<$@ days, during the
initial contact between a prisoner and his new environment that primordial functions pertaining
to his care and rehabilitation treatment are e9haustively carried out by the staff. 't the end of
the period, the inmate is ready for transfer to any of the penal institutions. 0e is e9pected to
have overcome his fears and pre7udices and is prepared to cooperate in the implementation of
his rehabilitation program.
=eing the initial stop of every national male prisoner, the 2>C is constantly improving its
rehabilitative programs. )ne such reform is the adoption of the behavioral modification modality.
)riginally a program for drug dependents, the 2>C chief recogni(ed the potential of applying its
principles to all committed inmates. 8hus the 2>C was turned into a 8herapeutic Community
Camp on +ebruary <, 5$$6.
)n Eune :, 5$$:, the 2>C also started erasing gang marks of all newly committed prisoners
in an effort to eradicate the gang system within the =ureau. Later, then >irector >ionisio
antiago entrusted the administration of the 4untinlupa Euvenile 8raining Center ?4E8C@ to the
2>C through a memorandum dated Eune !", 5$$;. Hnder a memorandum of >irector Aicente
G. Ainarao dated 4arch 6!, 5$$;, the 2>C was given administrative control over all other
2>Cs of the =ureau of Corrections. 8he 2>C has evolved into an institution that uses a modern
positive approach towards penology.
C$(5"e& 0
Non-O5e&("on(l N("on(l P&!on!:
=efore Forld Far ,,, two national prisons were established by the government which are no
long operational. )ne was on Corregidor ,sland and the other in the 4ountain Province.
,n !B$" during the 'merican regime, some !$$ prisoners were transferred from the )ld
=ilibid Prison to the Corregidor ,sland Prison tockage to work under military authorities. 8his
move was in accordance with an order from the >epartment of ,nstructions, which approved the
transfer of inmates so they could assist in maintenance and other operations in the stockade.
8he inmates were transported not to serve time but for prison labor. Hntil the outbreak of the
econd Forld Far, inmates from =ilibid Prison were regularly sent to Corregidor for labor
purposes. Fhen the Far broke out, prisoners on Corregidor were returned to =ilibid Prison. 8he
island prison was never re*opened.
8he Philippine Legislature during the 'merican regime also passed 'ct &o. !"#< providing
for the establishment of a prison in =ontoc, 4ountain Province. 8he prison was built for the
prisoners of the province and insular prisoners who were members of the non*Christian tribes of
4ountain Province and &ueva Aiscaya.
8he =ontoc prison could be reach only through narrow, poorly developed mountain roads.
>ue to the enormous e9penses incurred in transporting personnel, e/uipment and supplies to
the prison, the facility was abandoned and officially closed on 'pril 5<, !B65.
V. PHILIPPINES CORRECTIONAL SYSTEM
8he Correctional ystem in the Philippines is composed of si9 agencies under three distinct
and separate departments of the national government% 8he >epartment of Eustice or >)E. 8he
>epartment of ,nterior and Local Government or >,LG. and the >epartment of ocial Felfare
and >evelopment or >F>.
8he =ureau of Corrections or =uCor, is an agency under the >epartment of Eustice,
mandated to carry out institutional rehabilitation programs of the government for national
offenders, those sentenced to more than three years, and to ensure their safe custody. ,t is
composed of seven operating institutions strategically located all over the country to accept
national prisoners. 8he central office is located in the &ew =ilibid Prison, 4untinlupa City, 4etro
4anila, where the >irector, the assistant directors and the general administration staff are
holding official functions.
MANDATE
801 P2,&C,P'L 8'D )+ 801 =H21'H )+ C)221C8,)& , 801 210'=,L,8'8,)&
)+ &'8,)&'L P2,)&12
SLOGAN
=2,&G,&G ='CD 801 >,G&,83 )+ 4'&.
PRINCIPLES
8he =uCor adheres and adopts the following principles in accomplishing its mandated
ob7ectives and performing its assigned functions%
!@ 8o confine prisoners by giving them ade/uate living spaces as the first conditions to be
met before any effective rehabilitation programs can be undertaken.
5@ 8o prevent prisoners from committing crimes while in custody.
6@ 8o provide humane treatment by affording them human basic needs in the prison
environment and prohibiting cruel methods and provide a variety of rehabilitation program.
A. Ad$e&en)e "o "$e Un"ed N("on! @U.N.A S"(nd(&d Mn'#' R#le! %o& "$e T&e("'en" o%
P&!one&! (nd "$e UN S"(nd(&d Mn'#' R#le! %o& Non-C#!"od(l Me(!#&e!
8he Philippines adheres to the provisions of the H& tandard 4inimum 2ules for the
8reatment of Prisoners and H& tandard 4inimum 2ules for &on*Custodial 4easures ?the
8okyo 2ules@ and other international human rights instruments which define and guarantee the
rights of inmates. ome of these provisions are already embodied in the Philippine Constitution:
and in its laws, rules and regulations and ordinances. ection 5, 'rticle of the Constitution,
moreover, provides that 8he PhilippinesQ adopts the generally accepted principles of
international lawQ.
9. P&!on:Pen"en"(&y, 2(l D!"ng#!$ed
,n the Philippines, there is a distinction between a 7ail and prison. ' 7ail is defined as
a place of confinement for inmates under investigation or undergoing trial, or serving short*term
sentences. ,t is differentiated from the term prison which refers to the national prisons or
penitentiaries managed and supervised by the =ureau of Corrections, an agency under the
>epartment of Eustice.; Eails include provincial, district, city and municipal 7ails managed and
supervised by the Provincial Government and the =ureau of Eail 4anagement and Penology
?=E4P@, respectively, which are both under the >epartment of the ,nterior and Local
Government. 4unicipal and city prisoners are committed to municipal, city or district 7ails
managed by the =E4P. ' district 7ail is a cluster of small 7ails, each having a monthly average
population of ten or less inmates, and is located in the vicinity of the court.< Fhere the
imposable penalty for the crime committed is more than si9 months and the same was
committed within the municipality, the offender must serve his or her sentence in the provincial
7ail which is under the )ffice of the Governor. Fhere the penalty imposed e9ceeds three years,
the offender shall serve his or her sentence in the penal institutions of the =uCor.
C. Fo#& Cl(!!e! o% P&!one&!,
!. ,nsular or national prisoner I one who is sentenced to a prison term of three years and one
day to death.
5. Provincial prisoner I one who is sentenced to a prison term of si9 months and one day to
three years.
6. City prisoner I one who is sentenced to a prison term of one day to three years. and
:. 4unicipal Prisoner I one who is sentenced to a prison term of one day to si9 months.
D. T$&ee Ty5e! o% De"(nee!
!. 8hose undergoing investigation.
5. 8hose awaiting or undergoing trial. and
6. 8hose awaiting final 7udgment.
INSTITUTIONAL FRAMEBOR=
8hree ma7or government functionaries are involved in the Philippine correctional system,
namely% the >epartment of Eustice ?>)E@, >epartment of the ,nterior and Local Government
?>,LG@ and the >epartment of ocial Felfare and >evelopment ?>F>@. 8he >)E supervises
the national penitentiaries through the =ureau of Corrections, administers the parole and
probation system through the Parole and Probation 'dministration, and assists the President in
the grant of e9ecutive clemency through the =oard of Pardons and Parole. >,LG supervises the
provincial, district, city and municipal 7ails through the provincial governments and the =ureau of
Eail 4anagement and Penology, respectively. >F> supervises the regional rehabilitation
centers for youth offenders through the =ureau of Child and 3outh Felfare.
A. 9#&e(# o% Co&&e)"on! @9#Co&A
=uCor has for its principal task the rehabilitation of national prisonersB, or those
sentenced to serve modern penology and has shifted from the traditional view of imprisonment
as societyGs retribution against criminal offenders into one which regards imprisonment as a
humani(ing and enriching e9perience. Corrections focus on rehabilitation and regards inmates
as patients who need treatment and guidance in order to become productive and responsible
members of society upon their release.
't present, =uCor has seven prison facilities for its 5<,#B5 prisoners. ,t has one prison
institution for women and one vocational training centre for 7uveniles. 'll prison institutions have
their own 2eception and >iagnostic Centre ?2>C@, Classification =oard, 2ehabilitation and
Aocational 8raining Programmes, ,nmate Complaints, ,nformation and 'ssistance Centre
?,C,'C@, ,nmate Council and =oard of >iscipline. 2>C receives, studies and classifies inmates
committed to
=uCor. 8he Classification =oard classifies inmates according to their security status. 8o
e9tend prompt, efficient and timely services to inmates, =uCor created ,C,' which is tasked to
act, within seventy*two hours, on all the complaints, re/uests for information and assistance of
inmates.!$ 8he common complaints-re/uests made by inmates are complaints against
employees-co*inmates, status of prisonersG release, computation of Good Conduct and 8ime
'llowance and problems regarding visitorsG visits. 8he ,nmate Council, which is composed of
finally convicted inmates, serves as an advisory body of the uperintendent of each
institution.!! 8he =oard of >iscipline hears complaints and grievances with regard to violations
of prison rules and regulations.
9. 9#&e(# o% 2(l M(n(ge'en" (nd Penology @92MPA
'lso known as the Eail =ureau, =E4P, an agency under the >,LG, was created pursuant to
ection <$, 2epublic 'ct &o. <B#;, which took effect on Eanuary 5, !BB!. ,t is mandated to
direct, supervise and control nationwide.
!. +unctions
?i@ +ormulate policies and guidelines on the administration of all district, city and municipal 7ails.
?ii@ +ormulate and implement policies for the programmes of correction, rehabilitation and
treatment of inmates.
?iii@ Plan and programme funds for the subsistence allowance of inmates.
?iv@ Conduct research, develop and implement plans and programmes for the improvement of
7ail services throughout the country.!:
'fter twelve ?!5@ years of e9istence as a separate agency under the >,LG, the =E4P still
shares its responsibilities with the Philippine &ational Police ?P&P@. 8he involvement, however,
of the police in penology and 7ail management is a temporary arrangement in view of =E4PGs
limited capacity.
C. 9#&e(# o% C$ld (nd Yo#"$ Bel%(&e
Presidential >ecree ?P.>.@ &o. <$6, as amended!<, was promulgated to provide for the
care and treatment of youth offenders from the time of apprehension up to the termination of the
case!#. 8he =ureau provides intensive treatment for the rehabilitation of youth offenders on
suspended sentence. Hnder the said law, a youth offender is defined as a child, minor or youth
who is over nine years but less than eighteen years of age at the time of the commission of the
offence.!"
D. P&o3n)(l Go3e&n'en"
Provincial 7ails, numbering !$: in all, including sub*provincial e9tensions, are under the
supervision and control of the provincial governments.!B
E. P(&ole (nd P&o6("on Ad'n!"&("on @PPAA
8he PP' was created pursuant to Presidential >ecree ?P.>.@ &o. B<"5$, as amended, to
administer the probation system. Hnder 19ecutive )rder &o. 5B55!, the Probation
'dministration was renamed as the Parole and Probation 'dministration, and given the added
function of supervising prisoners who, after serving part of their sentence in 7ails are released on
parole or granted conditional pardon. 8he PP' and the =oard of Pardons and Parole are the
agencies involved in the non*institutional treatment of offenders. Probation is the status of an
accused who, after conviction and sentence, is released sub7ect to conditions imposed by the
court and to the supervision of a probation officer.55 ,t is a privilege granted by the court. it
cannot be availed of as a matter of right by a person convicted of a crime. 8o be able to en7oy
the benefits of probation, it must first be shown that an applicant has none of the
dis/ualifications imposed by law.
!. Criteria for Probation
,n determining whether an offender may be placed on probation, the court shall consider all
information relative to the character, antecedents, environment, mental and physical condition of
the offender, and available institutional and community resources. Probation shall be denied if
the court finds that%
?i@ the offender is in need of correctional treatment that can be provided most effectively by his
commitment to an institution.
?ii@ there is an undue risk that during the period of probation, the offender will commit another
crime. or
?iii@ probation will depreciate the seriousness of the offence committed.
5. >is/ualified )ffenders
)ffenders who are dis/ualified are those%
?i@ sentenced to serve a ma9imum term of imprisonment of more than si9 years.
?ii@ convicted of subversion or any offence against the security of the tate, or the public order.
?iii@ who have previously been convicted by final 7udgment of an offence punished by
imprisonment of not less than one month and one day and-or a fine of not more than 8wo
0undred Pesos ? 5$$.$$@. or
?iv@ who have already been on probation under the provisions of the >ecree.
6. Probation Conditions
8he grant of probation is accompanied by mandatory or discretionary conditions imposed by the
court%
?i@ 8he mandatory conditions re/uire that the probationer shall ?a@ present himself or herself to
the probation officer designated to undertake his or her supervision at each place as may be
specified in the order within #5 hours from receipt of said order, and ?b@ report to the probation
officer at least once a month at such time and place as specified by said officer.
?ii@ >iscretionary or special conditions are those additional conditions imposed on the
probationer which are geared towards his or her correction and rehabilitation outside of prison
and right in the community to which he or she belongs.
' violation of any of the conditions may lead either to a more restrictive modification of the same
or the revocation of the grant of probation. Conse/uent to the revocation, the probationer will
have to serve the sentence originally imposed.
:. 2evocation of Probation
't any time during probation, the court may issue a warrant for the arrest of a probationer for
any serious violation of the conditions of probation. 8he probationer, once arrested and
detained, shall immediately be brought before the court for a hearing of the violation charged.
8he probationer*defendant may be admitted to bail pending such hearing. ,n such case, the
provisions regarding release on bail of persons charged with a crime shall be applicable to the
arrested probationer. 'n order revoking the grant of probation or modifying the terms and
conditions of the said order cannot be appealed.
F. 9o(&d o% P(&don! (nd P(&ole @9PPA
8he =oard of Pardons and Parole was created pursuant to 'ct &o. :!$6, as
amended56. ,t is the intent of the law to uplift and redeem valuable human material to economic
usefulness and to prevent unnecessary and e9cessive deprivation of personal liberty.
!. +unctions
?i@ 8o grant parole to /ualified prisoners.
?ii@ to recommend to the President the grant of pardon and other forms of e9ecutive clemency.
?iii@ to authori(e the transfer of residence of parolees and pardonees, order their arrest and
recommitment, or grant their final release and discharge.
5. =asis for Grant of Parole
=PP may grant parole if it finds that%
?i@ the prisoner is fit to be released.
?ii@ there is a reasonable probability that, if released, he or she will live and remain at liberty
without violating the law. and
?iii@ his or her release will not be incompatible with the welfare of society.
8he =PP provides invaluable assistance to the President in e9ercising the power of
e9ecutive clemency. ,t is e9ercised with the ob7ective of preventing a miscarriage of 7ustice or
correcting a manifest in7ustice. 19ecutive clemency may be e9ercised through a reprieve,
absolute pardon, conditional pardon, or commutation of sentence.
1C. !B. 19cept in cases of impeachment, or as otherwise provided in the Constitution,
the President may grant reprieves, commutations, and pardons, and remit fines and forfeitures,
after conviction by final 7udgment. 0e shall also have the power to grant amnesty with the
concurrence of a ma7ority of all the members of the Congress. ?'rticle #, !B"# Constitution@.
>Re5&e3e? refers to the deferment of the implementation of the sentence for an interval
of time. it does not annul the sentence but merely postpones or suspends its e9ecution.
>Co''#"("on o% Sen"en)e? refers to the reduction of the duration of a prison sentence of a
prisoner. >A6!ol#"e P(&don? refers to the total e9tinction of the criminal liability of the individual
to whom it is granted without any condition. ,t restores to the individual his or her civil and
political rights and remits the penalty imposed for the particular offence of which he or she was
convicted. >Cond"on(l P(&don? refers to the e9emption of an individual, within certain limits
or conditions, from the punishment which the law inflicts for the offence he or she had
committed resulting in the partial e9tinction of his or her criminal liability.
6. =asis for Grant of 19ecutive Clemency
8he =PP recommends to the President the grant of e9ecutive clemency when any of the
following circumstances are present%
?i@ the trial or appellate court recommended in its decision the grant of e9ecutive clemency for
the prisoner.
?ii@ under the peculiar circumstances of the case, the penalty imposed is too harsh compared to
the crime committed.
?iii@ offender /ualifies as a youth offender at the time of the commission of the offence.
?iv@ prisoner is seventy years old and above.
?v@ prisoner is terminally*ill.
?vi@ alien prisoners where diplomatic considerations and amity among nations necessitate
review. and
?vii@ other similar or analogous circumstances whenever the interest of 7ustice will be served
thereby.
:. Fhen 'pplications for 19ecutive Clemency will not be +avourably 'cted Hpon
&otwithstanding the e9istence of any of the circumstances mentioned above, the =PP shall not
favorably recommend petitions for e9ecutive clemency of the following prisoners, those%
?i@ convicted of evasion of service of sentence.
?ii@ who violated the conditions of their conditional pardon.
?iii@ who are habitual delin/uents or recidivists.
?iv@ convicted of kidnapping for ransom.
?v@ convicted of violation of the >angerous >rugs 'ct of !B#5 and the Comprehensive
>angerous >rugs 'ct of 5$$5.
?vi@ convicted of offences committed under the influence of drugs an.
?vii@ whose release from prison may constitute a danger to society.
Fhere the President grants conditional pardon to a prisoner, the =PP monitors the
prisonerGs compliance with the conditions imposed for the duration of the period stated in the
grant of e9ecutive clemency. Hpon determination that a prisoner granted conditional pardon has
violated the conditions of his or her pardon, the =oard recommends to the President the
prisonerGs arrest or recommitment.
VI. PROGRAMS OF THE 9UREAU OF CORRECTIONS
)ne of the primordial mandates of the =ureau of Corrections is the effective rehabilitation of
prisoners. thus, various programs are in place to address the rehabilitation aspect in
corrections.
8he term H&e$(6l"("onH entered the official 7argon of corrections in the country in !B;;.
8his was when the Geneva Convention introduced the Hnited &ations tandards on the
8reatment of Prisoners to which the country is a signatory. Considered a breakthrough in
protecting the rights of the incarcerated or those under the custody of law, rehabilitation has
become the principal goal of corrections. 2ehabilitation was first applied in medical practice. ,t
came from the Latin word habilis ** literally, fit or suitable. ,ts meaning was e9panded to mean
to restore to sound operation or to reestablish the good reputation ?=antam, !BB!@.
2ehabilitation in correctional work is done through a combination of programs that involves
spiritual activities, educational courses ?formal and informal@, medical and hygienic practices,
cultural and recreational activities, productive work, counseling, therapeutic and disciplinary
measures. 'fter the basic needs of an inmate are met, the formal rehabilitation process involves
the following institutionali(ed programs% In'("e Bo&C 5&og&(', $e(l"$ )(&e, ed#)("on (nd
!Cll! "&(nng, &e)&e("on (nd !5o&"!, &elgo#! g#d(n)e (nd 6e$(3o& 'od%)("on #!ng
"$e "$e&(5e#") )o''#n"y (55&o()$.
In'("e Bo&C P&og&('
8he =ureau offers a variety of inmate work programs, from agricultural to industrial. 8he
purpose of the inmate work program is to keep the inmates busy, and to provide them money
for their personal e9penses and their families as well as help them ac/uire livelihood skills, in
order that they may become productive citi(ens once they are released and assimilated back
into the mainstream of society.
>ifferent prison and penal farms provide institutional work programs for inmates. 't the
>avao Penal Colony, inmates work on the banana plantations of 8agum >evelopment
Company ?8'>1C)@ which has a 7oint venture agreement with the =ureau. imilarly, the vast
tracts of land at the ,wahig Penal Colony are developed and tilled by inmates to produce various
agricultural products, thereby generating income for the =ureau. 8he ablayan Prison and
Penal farm also provides agriculture and a/uaculture programs for inmates.
'long this end, the =ureau under the present >irector has encouraged agricultural and
industrial production by providing farming implements, tractors, fertili(ers and other inputs in
order to sustain this area of rehabilitation for inmates.
He(l"$ C(&e Se&3)e!
Hpon his initial commitment to the 2eception and >iagnostic Center ?2>C@, the inmateGs
medical history is recorded and properly documented by the 4edical pecialist. 4edical
information and mental status e9aminations are given to ascertain his overall physical - mental
fitness and whether he would be fit for work. 8his forms part of the diagnostic process which will
eventually determine the most appropriate rehabilitation program for the inmate.
8he principal medical care of inmates is provided through a ;$$*bed capacity hospital at the
&ew =ilibid Prisons and at si9 ?<@ other mini*hospitals or clinics in the si9 ?<@ other prison and
penal farms. 'll correctional facilities have a full and competent staff of medical practitioners in
charge of clinics, infirmaries and hospitals. 8hese centers are capable of minor surgical
operations, laboratory e9aminations, radiology, psychiatric, rehabilitation and dental treatment.
)ther government and private hospitals are also tapped in the implementation of standards
pertaining to nutrition and protective health services for the prison community. 4edical services
also include a wide range of counseling techni/ues and therapy programs which address the
psychological problems of inmates, including suicidal thoughts and feelings of re7ection which
may lead to disruption of peace and order within the prison compounds. Fhen an inmateGs
ailment is beyond the competence of the in*house medical doctors, the inmate is referred to a
government hospital in accordance with prison rules and under proper security escorts.
Ed#)("on (nd SCll! T&(nng
2ehabilitation can be facilitated by improving an inmateGs academic and 7ob skills. 2ecords
show that many prisoners are poorly educated. ' ma7ority are elementary school drop outs or
have not even finished primary school. Prison education amounts to remedial schooling
designed to prepare inmates to obtain basic skills in reading, writing and mathematics.
,n most correctional facilities, vocational programs are incorporated into 7ob assignments
and serve as on*the*7ob training. 8he goal is to provide inmates with skills that will improve their
eligibility for 7obs upon release. 4ost prison vocational training is geared toward traditional blue*
collar employment in areas such as electronics, auto mechanics and handicrafts. 't the
2eception and >iagnostic Center, a basic computer literacy course with typing as a support
course is available for inmates who have finished at least high school level.
Aocational training and social education focus on 7ob readiness. 8he concern in these areas
is life skills. ,f inmates are to reenter society and abstain from criminal activity, they must be
employable and have the basic tools necessary to function as responsible citi(ens.
8he &ational Penitentiary has a college degree program and a tertiary degree
correspondence course, in addition to the regular secondary and compulsory basic literacy
classes. Prisoners are strongly encouraged by the =uCor authorities to enroll while serving their
sentence and to advance their academic skills.
Re)&e("on (nd S5o&"!

8he inmates en7oy sunrise by participating in daily calisthenics. 8here are various indoor
and outdoor sports activities, programs, tournaments and leagues all year round, to include
basketball, volleyball, billiards, table tennis and chess. 8hese sports competitions promote
camaraderie among inmates, good sportsmanship and team*building. 8he latest addition is the
newly constructed indoor sports center-gymnasium at the 4a9imum ecurity Compound which
boasts of competition*standard flooring, sound system, locker rooms and bleachers.
'll prison and penal farms have ade/uate recreational facilities for inmates, both for outdoor
and indoor sports. 4ini*bodybuilding gyms are available in most prison facilities, including the
4untinlupa Euvenile 8raining Center and the 8herapeutic Community Center for inmates with
drug cases.
+or music lovers and musically*inclined inmates, numerous RvideokeR centers are available.
4usical instruments are available for practice or for use in variety shows.
Relgo#! (nd S5&"#(l G#d(n)e P&og&('
,nmates en7oy freedom of religion. 'll inmates are free to observe the rituals of their
faith, with orderly conduct supervised by prison authorities. ' religious guidance adviser or
chaplain is assigned in every prison and penal farm. 8he prison chaplain sets the stage for
every regular spiritual activity. 0e is an officer of the institution who oversees the operation of
the prison chapel. 0e is not only the spiritual leader but also a counselor and adviser. Prisoners
may be bapti(ed or given other sacraments. 2eligious Aolunteer )fficers, or 2A)s belonging to
different church groups provide weekly religious activities ranging from bible studies, devotions,
prayer meetings or praise and worship. Fith a predominantly 2oman Catholic prison population,
a Catholic 4ass is a regular feature in spiritual activities of the prison communities. 2estrictions,
however, are imposed if, in the course of religious activities, security is compromised or a
program is too e9pensive.
T$e&(5e#") Co''#n"y P&og&('
8he 8herapeutic Community ?8C@ Program represents an effective, highly structured
environment with defined boundaries, both moral and ethical. 8he primary goal is to foster
personal growth. 8his is accomplished by re*shaping an individualGs behavior and attitudes
through the inmatesG community working together to help themselves and each other, restoring
self confidence, and preparing them for their re*integration into their families and friends as
productive members of the community.
Patterned after >aytop 8C, &ew 3ork which is the base of the 8herapeutic Community
movement in the world, the =uCor 8C program was adopted as part of the =ureauSs holistic
approach towards inmate rehabilitation. ,t is implemented primarily but not limited to drug
dependents.
8he 8C approach has been continuously proven worldwide as an effective treatment and
rehabilitation modality among drug dependents, and has been noted to be effective in many
prisons. =y immersing a drug offender in the 8C environment, he learns why he had developed
his destructive habits, which led him to substance abuse. 8he program modifies negative
behavior and or attitudes while restoring self confidence, and prepare inmates for their re*
integration into their families and friends as productive members of the community. 8his
behavioral modification program gradually re*shapes or re*structures the inmate within a family*
like environment, wherein every member acts as his brotherGs keeper.
's 8C family members go on with their daily activities, a strong sense of responsibility and
concern for each otherGs welfare are developed. 8hey are constantly being monitored for their
progress and are regularly being evaluated by the 8C*trained staff. 8he 8C process allows for
genuine introspection, cultivation of self*worth and positive rationali(ation that move the
individual towards assuming a greater sense of personal and moral responsibility.
8he efforts of the =ureau of Corrections to rehabilitate >rug dependents under its care using
the 8C approach are in line with its commitment to create a >rug*+ree Prison. Forldwide
developments in the treatment and rehabilitation of drug offenders using this therapeutic
community approach have been noted to be effective in many prisons.
TERMS TO PONDER:
!. Allo5l(!") Ad(5"("on . ' form of ad7ustment which results from changes in the
environmental surrounding of a person.
5. An"$&o5o5$(gy . ' se9ual offense related to the eating of human flesh ?cannibalism@
and yhe drinking of the human blood ?vampirism@,
6. A"(3!' . >erived from the Latin term Atavus , meaning an$estor . ,t postulates
that criminality diminishes in the evolutionary development of humanity, and that its
appearance is a hereditary throwback on the evolutionary scale.
:. A#6#&n Sy!"e' . 8he organi(ing principle for prisoners begun in 'uburn, &ew 3ork in
!"5! and still prevails. ,t emphasi(ed common activities, e9ternal discipline, hard labor,
and forced rehabilitation.
;. 9(n!$'en" . 0istorically, this was a form of punishment whereby a person was e9iled
from a community for a specific time or for life.
<. 9olog)(l De"e&'n!' . 8he theory that certain /ualities inherent in an organism
cause its behavior. ,n this view, the substantive concerns of social science are
eliminated or at least enormously subordinated.
#. 9&#"(l<("on E%%e)" . 8he belief that capital punishment encourages rather than
discourages violent behavior. 8he e9ecution itself, being violent and brutal, is thought to
contribute to aggressive.
". C(3e(" E'5"o& . Latin for "let the (u!er (eware& that is often used to 7ustify fraudulent
behavior. 8he belief that it is the responsibility of the consumer to e9ercise caution in
business transaction.
B. Cogn"3e T$eo&y . ' branch of psychology that focuses on the mental processes of
individuals. 8he theory tends to focus on perceptual distortions of reality which create
problems in relationship.
!$. Con%l)" T$eo&y . 'n attempt to analy(e its causes and conse/uences and eventually to
speculate about its resolution or regulation.
!!. DECISION* is the 7udgment of a court based on the verdict of a 7udicial officer or 7udge,
that the accused is guilty of the offense in which he-she was charge.
!5. SENTENCE* is the penalty imposed by the court upon a person convicted of a crime.
!6. ACIUITTAL* is the 7udgment of a court based on the verdict or decision of the 7udge,
that the defendant is not guilty of the charge against him.
!:. PUNISHMENT* it is the redress that the state takes against an offender where it signifies
pain suffering, or curtailment of its freedom.
!;. PENALTY* is the suffering that is in flicted by the state for the transgression of law.
!<. INDETERMINATE SENTENCE* is a type of sentence to imprisonment where the
commitment is not specified to a fi9ed period.