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CORRECTION ADMINISTRATION
I. Basic Definition of Terms:
PENOLOGY defined:
o The study of punishment for crime or of criminal
offenders. It includes the study of control and
prevention of crime through punishment of criminal
offenders.
o The term is derived from the Latin word “POENA”
which means pain or suffering.
o Penology is otherwise known as Penal Science. It is
actually a division of criminology that deals with prison
management and the treatment of offenders, and
concerned itself with the philosophy and practice of
society in its effort to repress criminal activities.
o Penology has stood in the past and, for the most part,
still stands for the policy inflicting punishment on the
offender as a consequence of his wrongdoing.
Penal Management:
o Refers to the manner or practice of managing or
controlling places of confinement as in jails or prisons.
CORRECTION defined:
o A branch of the Criminal Justice System concerned
with the custody, supervision and rehabilitation of
criminal offenders.
o It is that field of criminal justice administration which
utilizes the body of knowledge and practices of the
government and the society in general involving the
processes of handling individuals who have been
convicted of offenses for purposes of crime prevention
and control.
o It is the study of jail/prison management and
administration as well as the rehabilitation and
reformation of criminals.
o It is a generic term that includes all government
agencies, facilities, programs, procedures, personnel,
and techniques concerned with the investigation,
intake, custody, confinement, supervision, or treatment
of alleged offenders.
Correction as a Process
o Refers to the reorientation of the criminal offender to
prevent him or her from repeating his deviant or
delinquent actions with out the necessity of taking
punitive actions but rather the introduction of individual
measures of reformation.
Correctional Administration
o The study and practice of a systematic management of
jails or prisons and other institutions concerned with the
custody, treatment, and rehabilitation of criminal
offenders.
II. Correction and the Criminal Justice System
The Criminal Justice System is the machinery of any
government in the control and prevention of crimes and
criminality. It is composed of the pillars of justice such as: the
Law Enforcement Pillar (Police), the Prosecution Pillar, the
Court Pillar, the Correction Pillar, and the Community Pillar.
Correction as one of the pillars of Criminal Justice System is

considered as the weakest pillar. This is because of its failure to
deter individuals in committing crimes as well as the
reformation of inmates. This is evident in the increasing
number of inmates in jails or prisons. Hence, the need of prison
management is necessary to rehabilitate inmates and transform
them to become law-abiding citizens after their release.
Correction is the fourth pillar of the criminal justice system.
This pillar takes over once the accused, after having been
found guilty, is meted out the penalty for the crime he
committed. He can apply for probation or he could be turned
over to a non-institutional or institutional agency or facility for
custodial treatment and rehabilitation. The offender could avail
of the benefits of parole or executive clemency once he has
served the minimum period of his sentence. When the penalty
is imprisonment, the sentence is carried out either in the
municipal, provincial or national penitentiary depending on the
length of the sentence meted out.
III. Historical Perspective on Corrections
Important Dates and Events in the History of Corrections:
13th Century – Securing Sanctuary
In the 13th C, a criminal could avoid punishment by
claiming refugee in a church for a period of 40 days at the end
of which time he has compelled to leave the realm by a road or
path assigned to him.
1468 (England) – Torture as a form of punishment became
prevalent.
16th Century – Transportation of criminals in England, was
authorized. At the end of the 16th C, Russia and other European
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Countries followed this system. It partially relieved
overcrowding of prisons. Transportation was abandoned in
1835.
17th C to late 18th C – Death Penalty became prevalent as a
form of punishment.
Reasons why Death Penalty became the usual
Punishment during this period and thereafter:
1. Death of outlaws became a “protection for the English
people”. It is because the people during this period did
not totally believe yet in the ability to a strong police
force to combat criminals.
2. People lack confidence in the transportation of
criminals. Gaols and Galleys became center of
corruption and ineffective instruments of punishment.
3. Doctrine of Crude Intimidation appeared or seemed to
be a logical form of threat in order to deter or prevent
the people from violating the law.
4. The assumption was that, the Ruling Class is tasked to
protect property rights and maintain public peace and
order. The system of maintaining public order had little
consideration or it did not recognize the social and
economic condition of the lower working class. The
lawmakers and enforcers used death penalty to cover
property loss or damage with out further contemplating
the value of life of other people.
GAOLS - (Jails) – pretrial detention facilities operated by
English Sheriff.

Galleys – long, low, narrow, single decked ships propelled by
sails, usually rowed by criminals. A type of ship used for
transportation of criminals in the 16th century.
Hulks – decrepit transport, former warships used to house
prisoners in the 18th and 19th century. These were abandoned
warships converted into prisons as means of relieving
congestion of prisoners. They were also called “floating hells”.
The Primary Schools of Penology
1. The Classical School
o it maintains the “doctrine of psychological hedonism”
or “free will”. That the individual calculates pleasures
and pains in advance of action and regulates his
conduct by the result of his calculations.
2. The Neo-classical School
o it maintained that while the classical doctrine is correct
in general, it should be modified in certain details.
Since children and lunatics cannot calculate the
differences of pleasures from pain, they should not be
regarded as criminals, hence they should be free from
punishment.
3. The Positivist/Italian School
o the school that denied individual responsibility and
reflected non-punitive reactions to crime and
criminality. It adheres that crimes, as any other act, is a
natural phenomenon. Criminals are considered as sick
individuals who need to be treated by treatment
programs rather than punitive actions against them.
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The Primitive Society
o In the beginning of civilization, acts are characterized
by behavioral controls categorized as: forbidden acts,
accepted acts, and those acts that are encouraged.
o Crimes, violence, rebellious acts and other acts, which
are expressly prohibited by the society, fall as forbidden
acts. Accepted acts are those that can be beneficial to
the welfare of the society such as early traditions and
practices, folkways, norms, those that are controlled by
social rules, and laws.
o Encourage acts are anything approved by the majority
which is believed to be beneficial to the common good.
These things include marrying, having children, crop
production, growing food, etc
o Punishment is required when those who intend to
violate the rules do not comply with these practices.
o The complex society gradually evolved changing the
social rules into a more structured sanctions to prevent
the violations of those rules essential to group survival.
These sanctions have been codified into written rules or
laws. And the reward for obeying those laws is simply
the ability to function as a respected and productive
member of society.
Redress (Compensation) of a wrong act
Retaliation (Personal Vengeance)
o the earliest remedy for a wrong act to any one (in the
primitive society). The concept of personal revenge by
the victim’s family or tribe against the family or tribe of

the offender, hence “blood feuds” was accepted in the
early primitive societies.
Fines and Punishment
o Customs has exerted effort and great force among
primitive societies. The acceptance of vengeance in the
form of payment (cattle, food, personal services, etc)
became accepted as dictated by tribal traditions. As
tribal leaders, elders and later kings came into power,
they begun to exert their authority on the negotiations.
Wrongdoers could choose to stay away from the
proceedings (Trial by ordeal) but if they refuse to abide
by the law imposed, they will be declared to be an
outlaw.
Early Codes:
o History has shown that there are three main legal
systems in the world, which have been extended to and
adopted by all countries aside from those that produced
them. In their chronological order, they are the Roman,
the Mohammedan or Arabic and the Anglo-American
Laws. Among the three, it was Roman law that has the
most lasting and most pervading influence. The Roman
private law (Which include Criminal Law), especially
has offered the most adequate basic concepts which
sharply define, in concise and inconsistent terminology,
mature rules and a complete system, logical and firm,
tempered with a high sense of equity. (Coquia,
Principles of Roman Law, 1996)
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1. Babylonian and Sumerian Codes
a. Code of King Hammurabi (Hammurabic Code) –
Babylon, about 1990 BC, credited as the oldest code
prescribing savage punishment, but in fact, Sumerian codes
were nearly one hundred years older.
2. Roman and Greek Codes
a. Justinian Code– 6th C A.D., Emperor Justinian of Rome
wrote his code of law.
o An effort to match a desirable amount of punishment to
all possible crimes. However, the law did not survive
due to the fall of the Roman Empire but left a
foundation of Western legal codes.
The Twelve Tables (XII Tabulae), (451-450 BC)
 represented the earliest codification of Roman law
incorporated into the Justinian Code. It is the
foundation of all public and private law of the
Romans until the time of Justinian. It is also a
collection of legal principles engraved on metal
tablets and set up on the forum.
b. Greek Code of Draco
 In Greece, the Code of Draco, a harsh code that
provides the same punishment for both citizens and
the slaves as it incorporates primitive concepts
(Vengeance, Blood Feuds).
 The Greeks were the first society to allow any
citizen to prosecute the offender in the name of the
injured party.
3. The Burgundian Code (500 A.D)

o specified punishment according to the social class of
offenders, dividing them into: nobles, middle class and
lower class and specifying the value of the life of each
person according to social status.
Early Codes (Philippine Setting)
The Philippines is one of the many countries that cane
under the influence of the Roman Law. History has shown that
the Roman Empire reached its greatest extent to most of
continental Europe such as Spain, Portugal, French and all of
Central Europe. Eventually, the Spanish Civil Code became
effective in the Philippines on December 7, 1889, the
“Conquistadores” and the “Kodigo Penal” (The Revised Penal
Code today, 1930) was introduced by the Spaniards
promulgated by the King of Spain. Basically, these laws
adopted the Roman Law principles (Coquia, Principles of
Roman Law, 1996). Mostly tribal traditions, customs and
practices influenced laws during the Pre-Spanish Philippines.
There was also a law that was written which includes:
a. The Code of Kalantiao (promulgated in 1433) – the most
extensive and severe law that prescribes harsh punishment.
b. The Maragtas Code (by Datu Sumakwel)
c. Sikatuna Law
Early Prisons:
Mamertine Prison – the only early Roman place of
confinement which is built under the main sewer of Rome in
64 B.C Other places of confinement in the history of
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confinement include FORTRESSES, CASTLES, and TOWN
GATES that were strongly built purposely against roving bands
of raiders. The most popular workhouse was the BRIDEWELL
WORKHOUSE (1557) in London which was built for the
employment and housing of English prisoners.
Wulnut Street Jail–originally constructed as a detention jail in
Philadelphia. It was converted into a state prison and became
the first American Penitentiary.
Early prisons in the Philippines:
During the Pre-Spanish period, prison system in the
Philippines was tribal in nature. Village chieftains administered
it. It was historically traced from the early written laws. In
1847, the first Bilibid Prison was constructed and became the
central place of confienment for Filipino Prisoners by virtue of
the Royal decree of the Spanish crown. In 1936, the City of
Manila exchanges its Muntinlupa property with the Bureau of
Prisons originally intended as a site for boys’ training school.
Today, the old Bilibid Prison is now being used as the Manila
City Jail, famous as the “ May Halique Estate”.
IV. THE EMERGENCE OF SECULAR LAW
4th A.D. - Secular Laws were advocated by Christian
philosophers who recognizes the need for justice. Some of the
proponents these laws were St. Augustine and St. Thomas
Aquinas.
Three Laws were distinguished:
1. External Law (Lex Externa)
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2. Natural Law (Lex Naturalis) 5. Other similar forms of punishment like transportation and
3. Human Law (Lex Humana) slavery.
All these laws are intended for the common good, but the
Human law only become valid if it does not conflict with the Early Forms of Prison Discipline:
other two laws. 1. Hard Labor - productive works.
2. Deprivation – deprivation of everything except the bare
V. PUNISHMENT essentials of existence
3. Monotony – giving the same food that is “off” diet, or
Punishment: requiring the prisoners to perform drab or boring daily
o It is the redress that the state takes against an offending routine.
member of society that usually involve pain and 4. Uniformity – “ we treat the prisoners alike”. “ the fault
suffering. of one is the fault of all”.
o It is also the penalty imposed on an offender for a 5. Mass Movement – mass living in cell blocks, mass
crime or wrongdoing. eating, mass recreation, mass bathing.
6. Degradation – uttering insulting words or languages on
Ancient Forms of Punishment: the part of prison staff to the prisoners to degrade or
1. Death Penalty break the confidence of prisoners.
o affected by burning, beheading, hanging, breaking at 7. Corporal Punishment – imposing brutal punishment or
the wheels, pillory and other forms of medieval employing physical force to intimidate a delinquent
executions. inmate.
2. Physical Torture 8. Isolation or Solitary Confinement – non-
o affected by maiming, mutilation, whipping and other communication, limited news, “the lone wolf”.
inhumane or barbaric forms of inflicting pain.
3. Social Degradation Contemporary Forms of Punishment:
o putting the offender into shame or humiliation.
4. Banishment or Exile 1. Imprisonment – putting the offender in prison for the
o the sending or putting away of an offender which was purpose of protecting the public against criminal
carried out either by prohibition against coming into a activities and at the same time rehabilitating the
specified territory such as an island to where the prisoners by requiring them to undergo institutional
offender has been removed. treatment programs.

2. Parole - a conditional release of a prisoners after
serving part of his/her sentence in prison for the
purpose of gradually re-introducing him/her to free life
under the guidance and supervision of a parole officer.
3. Probation – a disposition whereby a defendant after
conviction of an offense, the penalty of which does not
exceed six years imprisonment, is released subject to
the conditions imposed by the releasing court and under
the supervision of a probation officer.
4. Fine – an amount given as a compensation for a
criminal act.
5. Destierro – the penalty of banishing a person from the
place where he committed a crime, prohibiting him to
get near or enter the 25-kilometer perimeter.
PURPOSES/JUSTIFICATIONS OF PUNISHMENT
1. Retribution – the punishment should be provided by
the state whose sanction is violated, to afford the
society or the individual the opportunity of imposing
upon the offender suitable punishment as might be
enforced. Offenders should be punished because they
deserve it.
2. Expiation or Atonement – it is punishment in the form
of group vengeance where the purpose is to appease the
offended public or group.
3. Deterrence – punishment gives lesson to the offender
by showing to others what would happen to them if
they violate the law. Punishment is imposed to warn
potential offenders that they can not afford to do what
the offender has done.
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4. Incapacitation and Protection – the public will be
protected if the offender has being held in conditions
where he can not harm others especially the public.
Punishment is effected by placing offenders in prison so
that society will be ensured from further criminal
depredations of criminals.
5. Reformation or Rehabilitation – it is the
establishment of the usefulness and responsibility of the
offender. Society’s interest can be better served by
helping the prisoner to become law abiding citizen and
productive upon his return to the community by
requiring him to undergo intensive program of
rehabilitation in prison.
VI. THE AGE OF ENLIGHTENMENT
18th Century is a century of change. It is the period of
recognizing human dignity. It is the movement of reformation,
the period of introduction of certain reforms in the correctional
field by certain person, gradually changing the old positive
philosophy of punishment to a more humane treatment of
prisoners with innovational programs.
The Pioneers:
1. William Penn (1614-1718)
o He fought for religious freedom and individual rights.
o He is the first leader to prescribe imprisonment as
correctional treatment for major offenders.
o He is also responsible for the abolition of death penalty
and torture as a form of punishment.

2. Charles Montesiquieu (Charles Louis Secondat, Baron de
la Brede et de Montesiquieu)(1689- 1755)
o A French historian and philosopher who analyzed law
as an expression of justice. He believe that harsh
punishment would undermine morality and that
appealing to moral sentiments as a better means of
preventing crime.
3. VOLTAIRE (Francois Marie Arouet) (1694- 1778)
o He was the most versatile of all philosophers during
this period. He believes that fear of shame was a
deterrent to crime. He fought the legality-sanctioned
practice of torture.
4. Cesare Bonesa, Marchese de Beccaria (1738-1794)
o He wrote an essay entitled “An Essay on Crimes and
Punishment”, the most exiting essay on law during this
century. It presented the humanistic goal of law.
5. Jeremy Bentham (1748-1832)
o the greatest leader in the reform of English Criminal
law. He believes that whatever punishment designed to
negate whatever pleasure or gain the criminal derives
from crime; the crime rate would go down. Bentham
was the one who devise the ultimate PANOPTICAN
PRISON – a prison that consists of a large circular
building containing multi cells around the periphery. It
was never built.
6. John Howard (1726 – 1790)
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o the sheriff of Bedsfordshire in 1773 who devoted his
life and fortune to prison reform. After his findings on
English Prisons,
o he recommended the following: single cells for
sleeping - segregation of women - segregation of youth
- provision of sanitation facilities - abolition of fee
system by which jailers obtained money from prisoners.
The Reformatory Movement:
1. Alexander Mocanochie – He is the Superintendent of
the penal colony at Norfolk Island in Australia (1840)
who introduced the “Mark System”. A system in which
a prisoner is required to earn a number of marks based
on proper department, labor and study in order to entitle
him for a ticket for leave or conditional release which is
similar to parole.
2. Manuel Montesimos – The Director of Prisons in
Valencia Spain (1835) who devided the number of
prisoners into companies and appointed certain
prisoners as petty officers in charge, which allowed
good behavior to prepare the convict for gradual
release.
3. Domets of France – established an agricultural colony
for delinquent boys in 1839 providing housefathers as
in charge of these boys.
4. Sir Evelyn Ruggles Brise – The Director of the
English Prison who opened the Borstal Institution for
young offenders. The Borstal Institution is considered
as the best reform institution for young offenders today.

5. Walter Crofton – He is the Director of the Irish Prison
in 1854 who introduced the Irish system that was Juridical Conditions of Penalty
modified from the Mocanochie’s mark system.
6. Zebulon Brockway – The Director of the Elmira
Reformatory in New York (1876) who introduced 1.
certain innovational programs like the following:
training school type - compulsory education of 2.
prisoners - casework methods - extensive use of parole
- indeterminate sentence 3.
The Elmira Reformatory is considered forerunner of modern
penology because it had all the elements of a modern system. 4.
The Two Rival Prison System in the History of Correction 5.
6.
A. The Auburn Prison System 7.
o the prison system called the “Congregate System”.
o The prisoners are confined in their own cells during the
night and congregate work in shops during the day. Duration of Penalties
Complete silence was enforced.
B. The Pennsylvania Prison System
o the prisons system called “Solitary System”.
o Prisoners are confined in single cells day and night
where they lived, they slept, they ate and receive
religious instructions. Complete Silence was also
enforced. They are required to read the Bible.
VII. PENALTY and THE MODERN PERIOD OF
CORRECTION
PENALTY is defined as the suffering inflicted by the
state against an offending member for the transgression of law.
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Punishment must be:
Productive of suffering – without however affecting the
integrity of the human personality.
Commensurate with the offense – different crimes must
be punished with different penalties (Art. 25, RPC).
Personal – the guilty one must be the one to be
punished, no proxy.
Legal – the consequence must be in accordance with
the law.
Equal – equal for all persons.
Certain – no one must escape its effects.
Correctional – changes the attitude of offenders and
become law-abiding citizens.
1. Death Penalty – Capital punishment
2. Reclusion Perpetua – life imprisonment, a term of
20-40 yrs imprisonment
3. Reclusion Temporal – 12 yrs and 1 day to 20 years
imprisonment
4. Prision Mayor – 6 yrs and 1 day to 12 years
5. Prision Correctional – 6 months and 1 day to 6
years
6. Arresto Mayor – 1 month and 1 day to 6 months
7. Arresto Menor – 1 day to 30 days
8. Bond to Keep the Peace – discretionary on the part
of the court.

The modern Period of Correction
Modern Penal Management incorporates general
principles of treating offenders that are based on humane
practices such as the following:
1. Jail or Prison rules shall be applied impartially without
discrimination on ground of race, color, language,
religion or other opinion, national or social origin,
property, birth or other status.
2. The religious beliefs and moral precepts not contrary to
law, which a prisoner holds, must be respected.
3. Prison or Jail rules and regulations shall be applied with
firmness but tempered with understanding.
4. Custodial force shall, at all times, conduct themselves
as good examples.
5. Abusive or indecent language to prisoners shall not be
used.
6. Special care towards inmates shall be practiced
preventing humiliation or degradation.
7. No use of force must be made by any of the custodial
force, except in self-defense or attempt to escape or in
case of passive physical resistance to a lawful order.
8. Custodial force shall bear in mind that prisoners are
sick people who need treatment.
THE PHILIPPINE PRISON SYSTEM
I. Bureau of Corrections
Bureau of Prisons was renamed Bureau of Corrections
under Executive Order 292 passed during the Aquino
Administration. It states that the head of the Bureau of
Corrections is the Director of Prisons who is appointed by the
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President of the Philippines with the confirmation of the
Commission of Appointments. The Bureau of Corrections has
general supervision and control of all national prisons or
penitentiaries. It is charged with the safekeeping of all Insular
Prisoners confined therein or committed to the custody of the
Bureau.
Coverage of the Bureau of Corrections
a. National Bilibid Prisons (Muntinlupa, Rizal)
1. New Bilibid Prisons (Main Building)
2. Camp Sampaguita
3. Camp Bukang Liwayway
b. Reception and Diagnostic Center (RDC)
c. Correctional Institution for Women (Mandaluyong)
d. The Penal Colonies:
1. Sablayan Penal Colony and Farm (Occ. Mindoro)
2. Iwahig Penal Colony and Farm (Palawan)
3. Davao Penal Colony and Farm (Central Davao)
4. San Ramon Penal Colony and Farm (Zamboanga)
5. Ilo-Ilo Penal Colony and Farm (Ilo-Ilo Province)
6. Leyte Regional Prison (Abuyog Leyte)
PRISON Defined:
o A penitentiary, an institution for the imprisonment
(incarceration) of persons convicted of major/ serious
crimes.
o A building, usually with cells, or other places
established for the purpose of taking safe custody or
confinement of criminals.

o A place of confinement for those for those charged with
or convicted of offenses against the laws of the land.
WHO IS A PRISONER?
o A prisoner is a person who is under the custody of
lawful authority. A person, who by reason of his
criminal sentence or by a decision issued by a court,
may be deprived of his liberty or freedom.
o A prisoner is any person detained/confined in jail or
prison for the commission of a criminal offense or
convicted and serving in a penal institution.
o A person committed to jail or prison by a competent
authority for any of the following reasons: To serve a
sentence after conviction – Trial – Investigation –
General Classification of Prisoners
1. Detention Prisoners – those detained for investigation,
preliminary hearing, or awaiting trial. A detainee in a
lock up jail. They are prisoners under the jurisdiction of
Courts.
2. Sentenced Prisoners – offenders who are committed to
the jail or prison in order to serve their sentence after
final conviction by a competent court. They are
prisoners under the jurisdiction of penal institutions.
3. Prisoners who are on Safekeeping – includes non-
criminal offenders who are detained in order to protect
the community against their harmful behavior. Ex.
Mentally deranged individuals, insane person.
Classification of Sentenced Prisoners:
1. Insular or National Prisoners
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o Those sentenced to suffer a term of sentence of 3 years
and 1 day to life imprisonment.
o Those sentenced to suffer a term of imprisonment cited
above but appealed the judgement and unable to file a
bond for their temporary liberty.
2. Provincial Prisoners
o Those persons sentenced to suffer a term of
imprisonment from 6 months and 1 day to 3 years or a
fine not more than 1,000 pesos, or both; or
o Those detained therein waiting for preliminay
investigation of their cases cognizable by the RTC.
3. City Prisoners
o Those sentenced to suffer a term of imprisonment from
1 day to 3 years or a fine of not more than 1,000 pesos
or both.
o Those detained therein whose cases are filed with the
MTC.
o Those detained therein whose cases are cognizable by
the RTC and under Preliminary Investigation.
4. Municipal Prisoners
o Those confined in Municipal jails to serve an
imprisonment from 1 day to 6 months.
o Those detained therein whose trials of their cases are
pending with the MTC.
Classification of Prisoners According to Degree of Security:
1. Super Maximum Security Prisoners
o A special group of prisoners composed of incorrigible,
intractable, and highly dangerous persons who are the

source of constant disturbances even in a maximum
security prison.
o They wear orange color of uniform.
2. Maximum Security Prisoners
o The group of prisoners whose escape could be
dangerous to the public or to the security of the state.
o It consist of constant troublemakers but not as
dangerous as the super maximum-security prisoners.
Their movements are restricted and they are not
allowed to work outside the institution but rather
assigned to industrial shops with in the prison
compound.
o They are confined at the Maximum Security Prison
(NBP Main Building), they wear orange color of
uniform.
o Prisoners includes those sentenced to serve sentence 20
years or more, or those whose sentenced are under the
review of the Supreme Court, and offenders who are
criminally insane having severe personality or
emotional disorders that make them dangerous to
fellow offenders or staff members.
3. Medium Security Prisoners
o Those who can not be trusted in open conditions and
pose lesser danger than maximum-security prisoners in
case they escape.
o It consist of groups of prisoners who maybe allowed to
work outside the fence or walls of the penal institution
under guards or with escorts.
o They occupy the Medium Security Prison (Camp
Sampaguita) and they wear blue color of uniforms.
Generally, they are employed as agricultural workers.
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o It includes prisoners whose minimum sentence is less
than 20 years and life-sentenced prisoners who served
at least 10 years inside a maximum security prison.
4. Minimum Security Prisoners
o A group of prisoners who can be reasonably trusted to
serve sentence under “open conditions”.
o This group includes prisoners who can be trusted to
report to their work assignments without the presence
of guards.
o They occupy the Minimum Security Prison (Camp
Bukang Liwayway) and wear brown color uniforms.
WHAT IS A JAIL?
o is a place for locking-up of persons who are convicted
of minor offenses or felonies who are to serve a short
sentences imposed upon them by a competent court, or
for confinement of persons who are awaiting trial or
investigation of their cases.
Types of Jails:
1. Lock-up Jails
o is a security facility, common to police stations, used
for temporary confinement of an individual held for
investigation.
2. Ordinary Jails
o is the type of jail commonly used to detain a convicted
criminal offender to serve sentence less than three
years.
3. Workhouses, Jail Farms or Camp
o a facility that houses minimum custody offenders who
are serving short sentences or those who are undergoing

constructive work programs. It provides full
employment of prisoners, remedial services and
constructive leisure time activities.
II. Provincial Jails
o Provincial Jails in the Philippines are not under the
jurisdiction of the Bureau of Corrections. They are
managed and controlled by the provincial government.
III. Bureau of Jail Management and Penology (BJMP)
o The BJMP exercises supervision and control over all
cities and municipal jails throughout the country. The
enactment of Republic Act no. 6975 created the BJMP.
It operates as a line bureau under the Department of the
Interior and Local Government (DILG).
Mission of the BJMP
o The Jail Bureau shall direct, supervise and control the
administration and operation of all district, city and
municipal jails to effect a better system of jail
Management nationwide.
Objectives of the BJMP:
1. To improve the living conditions of the offenders in
accordance with the accepted standards set by the
United Nations.
2. To enhance rehabilitation and reformation of offenders
in preparation for their eventual reintegration into the
mainstream of society upon their release.
3. To professionalize jail services.
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Principles of the BJMP:
1. It is the obligation of jail authorities to confine
offenders safely and provide rehabilitative programs
that will negate criminal tendencies and restore their
positive values to make them productive and law
abiding citizens.
2. No procedure or system of correction shall deprive any
offender of hope for his ultimate return to the fold of
the law and full membership in society.
3. Unless provided otherwise, any person accused of a
criminal offense shall be presumed innocent and his
rights, as a free citizen shall be respected, except for
such indispensable restraints during his confinement in
the interest of justice and public safety.
4. Offenders are human beings entitled to the same basic
rights and privileges enjoyed by citizens in a free
society, except that the exercise of these rights are
limited or controlled for security reasons.
5. Health preservation and prompt treatment of illness or
injury is a basic right of every person confined in jail
and it is the duty of jail facilities to arrange for their
treatment subject to security measures.
6. Members of the custodial force shall set themselves as
examples by performing their duties in accordance with
the rules and respect the laws duly constituted by
authorities.
7. No jail personnel shall be abusive, insulting, indecent
languages on the offenders.
8. No jail personnel shall use unnecessary force on
offenders except for legitimate self-defense or in cases

of attempted active and passive physical resistance to a
lawful order.
9. No penalty shall be imposed upon any offender for
violation of rules/regulations unless in accordance with
duly approved disciplinary procedures.
10. Penalties to be imposed shall not be cruel, inhuman, or
degrading, and no physical punishment shall be
employed as a correctional measure.
11. Members of the custodial force must understand that
offenders need treatment and counseling and the
primary purpose of confinement is for safekeeping and
rehabilitation.
12. When conducting routinary custodial guarding, the ratio
of 1:7, or one guard for every 7 offenders shall be
observed.
13. When the offender is in transit, the ratio of 1:1+1 for
every offender shall be observed. In case of high-risk
offender that demands extra precaution additional
guards shall be employed. This manning level shall be
national in scope for effective jail administration.
Powers, Functions and Organization of the BJMP
A. Powers:
o The Bureau shall exercise supervision and control over
all districts, city and municipal jails to ensure a secured,
clean, sanitary and adequately equipped jail for the
custody and safekeeping of city and municipal
prisoners, any fugitive from justice or persons detained
awaiting investigation or trial and/or transfer to the
14
National Penitentiary, and any violent, mentally ill
person who endangers himself or the safety of others.
B. Functions:
Inline with its mission, the Bureau endeavors to
perform the following:
1. Formulate policies and guidelines on the administration
of all districts, city and municipal jails nationwide;
2. Formulate and implement policies for the programs of
correction, rehabilitation and treatment of offenders;
3. Plan the program funds for the subsistence allowance of
offenders;
4. Conduct researches, develop and implement plans and
programs for the improvement of jail services
throughout the country.
C. Organization and Key Positions in the BJMP:
The BJMP, also referred to as the Jail Bureau, was
created pursuant to Section 60, R.A. no. 6975, and initially
consisting of uniformed officers and members of the Jail
management and Penology service as constituted under P.D.
no. 765.
The Bureau shall be headed by a chief with the rank of
Director, and assisted by a Deputy Chief with the Rank of
Chief Superintendent.
The Central Office is the Command and Staff HQ of the
Jail Bureau composed of 3 Command Groups, 6 Coordinating
Staff Divisions, 6 Special Staff Groups and 6 Personal Staff
Groups namely:
1. Command Group
 15

- Chief, BJMP o In the Provincial Level, there shall be designated a

- Deputy C/BJMP Provincial Jail Administrator to perform the same
- Chief of Staff functions as the ARDs province wide.
2. Coordinating Staff Groups
- Administrative Division District Office:
- Operations Division o In the District Level, where there are large cities and
- Logistics Division municipalities, a district jail with subordinate jails,
- Finance Management Division headed by a District warden may be established as
- Research Plans and Programs Division necessary.
- Inspection and Investigation Division
3. Special Staff Groups City and Municipal Office:
- General Services Unit o In the City and Municipal level, a city or municipal
- Health Services Unit Warden shall head each jail.
- Chaplain Services Unit
- Community Services Unit
- Finance Services Unit Rank Classification of the BJMP:
- Hearing Office RANK POSITION/TITLE APPOINTING AUTHORITY
4. Personal Staff Groups Director Chief of the BJMP Secretary of DILG
- Aide-de-Camp C/ Supt. Deputy C/BJMP same
Sn. Supt. Asst. Regional Dir. same
- Intelligence Office Supt. Asst. Regional Dir. same
- Public Information Office Chief Insp. Warden Under Secretary
- Legal Office Sn. Insp. Warden same
Inspector Warden same
- Adjudication Office SJO 4 to Jail Guards Chief of the BJMP
- Internal Audit JO1

Regional Office: Duties and Responsibilities:

o At the Regional Level, each Region shall have a
designated Assistant regional Director for Jail
management and Penology.
Provincial Level:
A. WARDEN
o Direction, Coordination, and Control of the Jail
o Responsible for the:
* Security, safety, discipline and well being of inmates

The office of the warden may organize the following units:
1. Intelligence and Investigation Team
o It gathers, collates and submits intelligence information
to the office of the warden on matter regarding the jail
condition.
2. Jail Inspectorate Section
o Inspect jail facilities, personnel, prisoners and submit
reports to the warden.
3. Public Relation Office
o Maintain public relation to obtain the necessary and
adequate public support.
B. ASSISTANCE WARDEN
o The office of the Assistant Warden undertakes the
development of a systematic process of treatment.
o Chairman of the Classification Board and Disciplinary
Board.
C. ADMINISTRATIVE GROUPS
 The administrative groups take charge of all
administrative functions of the jail bureau.
1. Personnel Management Branch
 Assignment of personnel
 Procedures of selection
 Preparation of personnel reports
 Individual record file
2. Records and Statistics Branch
 Keep and maintain booking sheets and arrest reports
 Keep an orderly record of fingerprints and photographs
16
 Present/ Prepare statistical data of inmates
3. Property and Supply Branch
 Take charge of the safekeeping of equipments and
supplies and materials needed for the operation of the
jail.
4. Budget and Finance Branch
 Take charge of all financial matters such as budgeting,
financing, accounting, and auditing.
5. Mess Service Branch
 Take charge of the preparation of the daily menu,
prepares and cook the food and serve it to inmates.
6. General Service Branch
 Responsible for the maintenance and repair of jail
facilities and equipments. It is also task with the
cleanliness and beautification of the jail compound.
7. Mittimus Computing Branch
 Tasked to receive court decisions and compute the date
of the full completion of the service of sentence of
inmates.
Mittimus
 is a warrant issued by a court directing the jail or prison
authorities to receive the convicted offender for the
service of sentence imposed therein or for detention.
D. SECURITY GROUPS:
o The security groups provides a system of sound
custody, security and control of inmates and their
movements and also responsible to enforce prison or
jail discipline.
1. Escort Platoon

a) Escort Section – to escort inmate upon order of any
judicial body; upon summon of a court; or transfer to
other penal institutions.
b) Subpoena Section – receives and distribute court
summons,notices, subpoenas, etc.
2. Security Platoon
o a three (3) working platoon shifts responsible for over
all security of the jail compound including gates, guard
posts and towers. They are also responsible for the
admitting and releasing unit.
E. REHABILITATION PURPOSES GROUPS:
o This group provides services and assistance to prisoners
and their families to enable them to solve their
individual needs and problems arising from the
prisoners’ confinement.
1. Medical and Health Services Branch
 Provides medical and physical examinations of inmates
upon confinement, treatment of sick inmates and
conduct medical and physical examinations and provide
medicines or recommends for the hospitalization of
seriously ill prisoners or inmates. It also conducts
psychiatric and psychological examinations.
2. Work and Education Therapy Services
 It take charge of the job and educational programs
needed for rehabilitation of inmates by providing them
job incentives so they can earn and provide support for
their families while in jail.
3. Socio- Cultural Services
 It takes care of the social case work study of the
individual prisoners by making interviews, home visits,
17
referral to community resources, free legal services, and
liaison works for the inmates.
4. Chaplaincy Services
 It takes charge of the religious and moral upliftment of
the inmates through religious services. This branch
caters to all religious sects.
5. Guidance and Counseling Services
 Responsible for the individual and group counseling
activities to help inmates solve their individual
problems and to help them lead a wholesome and
constructive life.
THE RECEPTION AND DIAGNOSTIC CENTER (RDC)
This is a special unit of prison (Camp Sampaguita)
where new prisoners undergo diagnostic examination, study
and observation for the purpose of determining the programs of
treatment and training best suited to their needs and the
institution to which they should be transferred.
It is composed of the following staff members:
1. The Psychiatrist – responsible in the examination of the
prisoner’s mental and emotional make-up.
2. The Psychologist – responsible to conduct study on the
character and behavior of the prisoners.
3. The Sociologist – study the social case situation of the
individual prisoner.
4. The Educational Counselor – conducts orientation classes
in order to change inmates’ attitude towards education and
recommends educational program for the prisoner.
5. The Vocational Counselor – to test the prisoner’s special
abilities, interest and skills and recommends for the
vocational course best suited to the prisoner.

6. The Chaplain – encourage the prisoner to participate in
religious activities.
7. The Medical Officer – conducts physical examination and
recommends medical treatment of prisoners.
8. Custodial-Correctional Officer – recommends the transfer
and type of custody of inmates.
THE QUARANTINE CELL OR UNIT
This may be a unit of the prison or a section of the RDC
where the prisoner is given thorough physical examination
including blood test, x-rays, vaccinations and immunity. This is
for the purpose of insuring that the prisoner is not suffering
from any contagious disease, which might be transferred to the
prison population.
ADMISSION PROCEDURES IN PRISON
1. RECEIVING
o the new prisoner is received at the RDC. The new
prisoner usually comes from a provincial or city jail
where he was immediately committed upon conviction
by the court, and escorted by the escort platoon during
his transfer to the National Prison.
2. CHECKING OF COMMITMENT PAPERS
o the receiving officer checks the commitment papers if
they are in order. That is, if they contain the signature
of the judge or the signature of the clerk of court, and
the seal of the court.
3. IDENTIFICATION
o the prisoner’s identity is established through the picture
and fingerprint appearing in the commitment order.
This is to insure that the person being committed is the
18
same as the person being named in the commitment
order.
4. SEARCHING
o this step involves the frisking of the prisoner and
searching his personal things. Weapons and other items
classified as contraband are confiscated and deposited
to the property custodian. Other properties are
deposited with the trust fund officer under recording
and receipts.
5. BRIEFING AND ORIENTATION
o prisoner will be brief and oriented on the rules and
regulations of the prison before he will be assigned to
the RDC or the quarantine unit.
THE TREATMNENT PROGRAMS
A. The Institutionalized Treatment Programs
1. Prison Education – the cornerstone of rehabilitation. It is
the process or result of formal training in school or classrooms
intended to shape the mind and attitude of prisoners towards
good living upon their release.
2. Work Programs – these are programs conducive to change
behavior in morale by training prisoners for a useful
occupation. It is purposely to eliminate idleness on the part of
prisoners, which may contribute to “Prison stupor”, and it
affects the incidence of Prison riot.
3. Religious Services in Prison - The purpose of this program
is to change the attitudes of inmates by inculcating religious
values or belief.
4. Recreational Programs - The only program that is
conducted during free time schedule.

5. Medical and Health Services - Medical and health services
includes: Mental and physical examination - Diagnosis and
treatment – Immunization – Sanitary - inspections -
Participation in training
6. Counseling and Casework
B. Community-Based Treatment Programs
Forms of Community-Based Programs
1. PROBATION
o It is a disposition whereby a defendant, after conviction
of an offense, the penalty of which does not exceed 6
years of imprisonment, is released subject to the
conditions imposed by the releasing court and under the
supervision of a probation officer.
o Probation is a substitute for imprisonment, the
probationer is compared to an out-patient, a sick person
who does not need to be hospitalized because his illness
is considered less serious.
Presidential Decree 968 otherwise known as the “Philippine
Probation Law” approved and took effect on July 24, 1976.
Section 18, PD 968 as amended states the creation of Probation
Administration under the DOJ, which shall exercises general
supervision over all probationers.
2. PAROLE
o Parole is the process of suspending the sentence of a
convict after having served the minimum of his
sentence without granting him pardon, and prescribing
19
the terms upon which the sentence shall be suspended.
(Cirilo Tradio).
o It is a decision by an authority constituted accordingly
by statute to determine the portion of the sentence,
which the inmate can complete outside of the
institution. It is the status of serving the remainder of
the sentence of a convict in the community in
accordance with the rules and regulations set-up by the
Board of Parole. (Correctional and Parole
Administration).
o Parole is not a reward per se for good behavior but
rather, it is a follow-up of his institutional program.
o Parole is not claimed as a right but it is granted by the
Board as a privilege to a qualified prisoner.
The Board of Pardons and Parole (BPP)
o A quasi-judicial body which was created under Act no.
4103 otherwise known as the Indeterminate Sentence
Law or the Parole Law, the agency that grants parole to
any prisoner who is qualified to enjoy its benefit.
o It employs the service of Parole Officers in providing
supervision and guidance to parolees.
Who are disqualified for Parole?
1. Those prisoners who are sentenced with capital
punishment or life imprisonment,
2. Those who are convicted of treason, conspiracy or
proposal to commit treason, misprision of treason,
rebellion, sedition or piracy,
3. Habitual Offenders,
4. Those who escaped from confinement or evaded
sentence,
 20

5. Those who have been granted with conditional pardon Forms of Executive Clemencies
but violated the terms and conditions thereof, and
6. Those prisoners who are serving a maximum term of Commutation
imprisonment not exceeding one year.  an act of the president changing/ reducing a heavier
sentence to a lighter one or a longer term into a shorter
3. CONDITIONAL PARDON term. It may alter death sentence to life sentence or life
o Conditional pardon serves the purpose of releasing, sentence to a term of years. It does not forgive the
through executive clemency, a prisoner who is already offender but merely to reduce the penalty pronounced
reformed or rehabilitated but who can not be paroled by the court.
because the parole law does not apply to him. Reprieve
 a temporary stay of the execution of sentence especially
Distinction of Parole from Probation the execution of the Death Sentence. Generally,
reprieve is extended to prisoners sentenced to death.
Parole Probation The date of execution of sentenced is set back several
An administrative function It is a judicial function days to enable the Chief to study the petition of the
exercised by the executive branch of condemned man for commutation of sentenced or
government pardon.
Pardon
Granted to a prisoner only Granted to an offender  an act of grace extended to prisoners as a matter of
after he has served Immediately after conviction right, vested to the Chief Executive (The President) as a
minimum of his sentenced in prison matter of power.

. It is an extension of It is a substitute for Two Kinds of Pardon

institutional imprisonment. a. Conditional Pardon – a pardon given with requirements
attached.
It is granted by the BPP It is granted by the court b. Absolute Pardon – a pardon given without any condition
attached.
. Parolee is supervised by a Probationer is supervised by a
Parole Officer Probation Officer. Can the Offended Party grant Pardon?
- Yes, the offended party can grants pardon.

Distinction of the pardon by the Offended Party
And Pardon Granted by the President
1. Pardon granted by the Chief Executive extinguishes the
criminal liability of the offender, but not in the pardon granted
by the offended party.
2. Pardon granted by the Chief Executive does not include civil
liability, which the offender must pay, while pardon granted by
the offended party can waive the civil liability, which the
offender must pay.
3. Pardon granted by the offended party should be given before
the prosecution of the criminal action, whereas pardon by the
Chief Executive may be extended to any of the offenders after
conviction.
Distinction between Amnesty and Pardon
Pardon
 includes any crime and is exercised individually by the
President.
 It is exercised when the person is already convicted.
 It looks forward and forgives the offender from the
consequences of an offense of which he has been
convicted, that is it abolishes or forgives the
punishment.
Amnesty
 a general pardon extended to a class of persons or
community who may be guilty of political offenses.
 It may be exercised even before trial or investigation.
 It looks backward and puts into oblivion the crime that
has been committed.
21
 It is proclamated by the President with the concurrence
of congress.
INSTITUTIONAL CUSTODY, SECURITY AND
CONTROL
I. Diversification: Concept and Importance
 Diversification is an administrative device of
correctional institutions of providing varied and flexible
types of physical plants for the more effective custody,
security and control of the treatment programs of its
diversified population.
II. The Classification Process
 Classification is a method by which diagnosis,
treatment planning and execution of the treatment
programs are coordinated in the individual case study.
It is a process of determining the needs and requirement
of prisoners for assigning them to programs according
to their needs and existing resources.
III. PRISON Security, Custody and Control
Security
 It involves safety measures to maintain the orderliness
and discipline with in the jail or prison.
Prison Discipline
 is the state of good order and behavior. It includes
maintenance of good standards of works, sanitation,
safety, education, health and recreation. It aims at self-
reliance, self control, self respect and self discipline.
Preventive Discipline

 is the prompt correction of minor deviations committed
by prisoners before they become serious violations.
Control
 It involves supervision of prisoners to ensure punctual
and orderly movement from one place work program or
assignment to another.
Custody
 is the guarding or penal safekeeping, it involves
security measures to insure security and control with in
the prison. The Prison Custodial Division carries it out.
PENAL PROVISIONS ON CORRECTION
I. Philippine Correctional Philosophies and their Legal
Basis
A. The Philippine Constitution of 1997
1. The state values the dignity of every human person and
guarantees full respect for human rights. (Sec 11, Art.
II)
2. No person shall be detained solely by reason of his
political beliefs and aspirations. (Sec 18 (1), Art. III)
3. No involuntary servitude in any form shall exist except
as a punishment for a crime whereof the party shall
have been fully convicted. (Sec. 18 (2), Ibid.)
4. Excessive fines shall not be imposed, nor cruel,
degrading or inhuman punishment inflicted. x x x (Sec.
19 (2). Ibid.)
5. The employment of physical, psychological, or
degrading punishment against any prisoner or the use of
substandard or inadequate penal facilities under
22
subhuman conditions shall be dealt by law. (Sec.19 (2),
Ibid.)
B. The Revised Penal Code
“No felony shall be punishable by any penalty not
prescribed by law prior to its commission”. (Art. 21, RPC)
C. The Philippine Probation Law (P.D. No. 968)
 one of the major goals of the government is to
established a more enlightened and humane correctional
system that will promote the reformation of offenders
and thereby reduce the incidence of recidivism.
 the confinement of all offenders in prisons and other
institutions with rehabilitation programs constitutes an
onerous drain on the financial resources of the country.
 there is a need to provide a less costly alternative to the
imprisonment of the offenders who are likely to
respond to individualized, community-based treatment
programs.
D. Rules for the Treatment of Prisoners (DOJ, Jan 7, 1959)
1. The purpose of committing a prisoner to prison is two-fold:
a) To segregate from society a person who by his acts has
proven himself a danger to the free community;
b) To strive at the correction or rehabilitation of the
prisoner with the hope that upon his return to society he
shall be able to lead a normal well adjusted and self
supporting life as a good and law abiding citizen.
2. There is no man who is all bad and there is something good
in all men. (Art. I)

II. Penal Provisions
Delay in the Delivery of Detained Persons to the Proper
Judicial Authorities.
(Art 125, RPC), A felony committed by a public officer
or employee who shall detain any person for some legal ground
and shall fail to deliver such person to the proper judicial
authorities with in the period of:
12 hours – for crimes or offenses punishable by light penalties,
18 hours– for crimes or offenses punishable by correctional
penalties,
36 hours– for crimes or offenses punishable by afflictive or
capital penalties.
The crime of Arbitrary Detention is committed when
the detention of a person is without legal ground.
The legal ground of detention are : a) commission of a
crime and b) violent insanity or other ailment requiring
compulsory requirement.
Delaying Release
This is committed by a public officer or employee who
delays for the period of time specified in Art 125, the
performance of any judicial or executive order for the release
of a prisoner or unduly delays the services of the notice of such
order to said prisoner.
Delivery of Prisoners from Jail (Art. 156, RPC)
Elements:
a) The offender is a private individual,
23
b) He removes a person confined in jail or a penal institution or
helps in the escape of such person,
c) The means employed are violence, intimidation, bribery or
any other means.
The prisoner maybe a detention or sentenced prisoner
and the offender is an outsider to the jail. If the offender is a
public officer or a private person who has the custody of the
prisoner and who helps a prisoner under his custody to escape,
the felony is Conniving with or Consenting to Evasion (Art.
223) and Escape of a Prisoner under the custody of a person
not a public officer (Art. 225) respectively. This offense like
other offenses of similar nature may be committed through
imprudence or negligence.
Evasion of Service of Sentence (Art 157-159, RPC)
1. Evasion of Service under Art 157, RPC
Elements:
a) Offender is a prisoner serving sentence involving
deprivation of liberty by reason of final judgement.
b) He evades the service of his sentence during the term of his
imprisonment.
This felony is qualified when the evasion takes place by
breaking doors, windows, gates, roofs or floors; using
picklocks, false keys, disguise, deceit, violence, intimidation
or; connivance with other convicts or employees of the penal
institution. (Jail breaking is synonymous with evasion of
sentence).

2. Evasion of Service of Sentence on the Occasion of
Disorders due to Conflagrations, Earthquakes, or Other
Calamities (Art. 158, RPC)
Elements:
a) Offender is a prisoner serving sentence and is confined in a
penal institution.
b) He evades his sentence by leaving the institution.
c) He escapes on the occasion of a disorder due to
conflagration, earthquake, explosion, or similar catastrophe or
mutiny in which he has not participated, and
d) He fails to give himself up to the authorities with in 48 hours
following the issuance of a proclamation by the Chief
Executive regarding the passing away of the calamity.
A special time allowance for loyalty shall be granted. A
deduction of one-fifth of the period of the sentence of any
prisoner who evaded the service of sentence under the
circumstances mentioned above. The purpose of the law in
granting a deduction of one-fifth (1/5) of the period of sentence
is to reward the convict’s manifest intent of paying his debts to
society by returning to prison after the passing away of the
calamity. Whenever lawfully justified, the Director of Prisons
(Bureau of Corrections) shall grant allowance for good conduct
and such allowances once granted shall not be revoked.
3. Other cases of Evasion of Service of Sentence (Art. 159,
RPC)
The violation of any conditions imposed to a
Conditional Pardon is a case of evasion of service of sentence.
The effect of this is, the convict may suffer the unexpired
portion of his original sentence
Infidelity of Public Officers
24
1. Infidelity in the Custody of Prisoners through Connivance
(Art.223, RPC) A felony committed by any public officer who
shall consent to the escape of a prisoner in his custody or
charge.
2. Infidelity in the Custody of Prisoners through Negligence
(Art. 224, RPC) A felony committed by a public officer when
the prisoner under his custody or charge escaped through
negligence on his part.
3. Escape of a Prisoner under the Custody of a Person not a
Public Officer. (Art 225, RPC)
Other Offenses or Irregularities by Public Officers
Maltreatment of Prisoner (Art. 235, RPC)
Elements:
a) Offender is a public officer or employee,
b) He overdoes himself in the correction or handling of
such prisoner by imposition of punishment not
authorized by regulation or by inflicting such
punishment in a cruel and humiliating manner.
The felony of Physical Injuries if committed if the accused
does not have the charge of a detained prisoner and he
maltreats him. And if the purpose is to extort a confession,
Grave Coercion will be committed.
III. Good Conduct Time Allowance (GCTA)
o Good conduct time allowance is a privilege granted to a
prisoner that shall entitle him to a deduction of his term
of imprisonment.
Under Art.97, RPC, the good conduct of any prisoner in any
penal institution shall entitle him to the following deduction
from the period of his sentence:

1. During the first two years of his imprisonment, he shall
be allowed a deduction of 5 days for each month of
good behavior.
2. During the third to the fifth years of his imprisonment,
he shall be allowed a deduction of 8 days each month of
good behavior.
3. During the following years until the tenth years of his
imprisonment, he shall be allowed a deduction of 10
days each month of good behavior.
4. During the eleventh and the successive years of his
imprisonment, he shall be allowed a deduction of 15
days each month of good behavior.
COMMUNITY BASED CORRECTIONS
Its Concepts
Community based corrections include all correctional
activities that take place in the community. Community based
Correctional program embrace any activity in the community
directly addressed to the offender and aimed at helping him to
become a law – abiding citizen. Such a program maybe under
official of private auspices. It may be administered by
correctional agency directly or by non-correctional service. It
may be provided on direct referral from a correctional agency
or on referral from another element of the criminal justice
system such as the police or courts. It may call changing the
offender through some combination of services, for controlling
him by surveillance, or for reintegrating him into the
community by placing him in a social situation in which he can
satisfy his requirements without law violations. A community-
based program embrace system or any combination of these
process.
25
Community-based Corrections would be a better substitute
for the traditional institutional corrections. Researches have
shown that no form of treatment or combinations of
treatments have proven effective in reducing the repetition
of the crime and delinquency or imprisonment, even under
the best possible condition, is debilitating and self-
defeating, because of the nature of compulsory confinement
to discourage intimacy suppress the expression of
aggression, and prevent the assumption of responsibility;
and the stigma of imprisonment, a persistent disqualifying
mark for prisoners after release. Moreover, the occurrence
of prison violence, whether sexual or non – sexual assaults;
and economic, psychological and social victimization
helped to support the conclusion that there must be a better
way of correcting criminals. The community is the only
place in which the correctional process can be successfully
completed. Just as the community provided the original
setting for the crime, so it must provide the ultimate testing
ground for the rehabilitation process. It view of this, all the
resources of the community need to be mobilized to help
offenders restore family ties, obtain employment and
education and discover their place in society. The
institution should be the last resort for correctional
problems.
Three “Revolutions” in the History of Corrections
1. Age of Reformation – replace corporal punishment, exile,
and physical disfigurement with the penitentiary.
2. Age or Rehabilitation – assumed that criminals were
handicapped persons suffering from mental or emotional

deficiencies. Under this, individual therapy aimed at healing
these personal maladjustment, because the preferred style.
3. Age of Reintegration – society become the “patient” as well
as the offender. Much more emphasis is placed on the
pressures exerted on the offender by the social groups to which
he belongs and on the society which regulates his opportunities
to achieve his goals.
DIVERSION
o This is a formally acknowledged and organized effort to
utilized alternative to initial or continued processing
into the justice system. In terms of processing,
diversion implies halting or suspending formal criminal
proceeding against a person who has violated a statute,
in favor of processing through a non-criminal
disposition or means. Diversionary tactics are aimed at
keeping people out of the criminal justice system and
particularly out of its institutional components.
ORIGIN OF DIVERSION
Informal Diversion has occurred since the birth of the
criminal justice system, but with only unofficial recognition.
The wide exercise of discretion by police officers, particularly
in the diversionary handling of juveniles, is a case in points. In
fact, informal diversion occurs at every stage of the criminal
justice processing. The prosecuting attorney diverts when he
declines to prosecute prosecutable offenses. The court diverts
when it avoids imposing a more severe disposition, opting for a
26
lesser or suspended sentences. Probation is diversion
epitomized.
1. Influences which have paved the Way for Diversion.
a. The insufficiency of the criminal justice system.
b. The desire of the citizen to become actively
involved in the system’s working.
c. Recognition of the fact that crime is actually
spawned in the community.
2. Other Factors to which Contributed to the
Development of Diversion;
a. The fact that the stigma or incarceration might be
avoided.
b. Professional and economic opportunities would not
be denied to the convicted person
c. Less serious offenses might be more appropriately
handled by some other type of agency.
d. Recidivism would be reduced by lessened
opportunity for criminal contagion which is
inevitablypresent in the penal institution.
NOTE:
 Diversion should be entertained only for those
offenders whose behavior can be effectively dealt with
in the community for the more hardened criminals,
especially those who had inflicted a serious degree of
injury or death, or for individuals whose psychotic or
unmanageable behavior acquires the security of
custody, institutionalization is required.
3. Criteria for Screening person Eligible for Diversion

a. Relative youth of the offender.
b. Victim’s willingness to forego conviction
c. Mental or emotional impairment for which
treatment is available in the community
d. Crime being significantly related to a factor, such as
employment or family problems, that can be
remedied 1- the community.
4. Guidelines for Screening
 It is important that the agencies operating diversion
programs clearly spell out the selection and operational
criteria since there is no standard criterion for diversion
yet. The diversion program should also be administered
by the criminal justice component directly concerned,
such as the police, the prosecutor, and the courts.
Diversion should not be contemplated where criminal
behavior has not occurred, because it is alternative
mode of handling those who have violated criminal
statute.
5. Advantages of Diversion
a. It contributes to decriminalization by reducing
involvement in institutional aspects of corrections;
b. It will prevent social stigma – Criminal record is a
serious impediment to rehabilitation.
c. It will prevent collapse of the criminal justice
system. This is because few are actually prosecuted
which may result to the loss of faith by the citizen
in the system.
27
d. It offers an alternative to the counter – productive
practice of incarceration – aside from being costly,
prison cannot check recidivism.
e. It enables the community resources to be more
widely employed in the correctional behavior.
6. Disadvantages of Diversion
a. Diversion by the court gives a dangerous degree of
discretion to the judiciary since there are no
established guidelines.
b. It could be subverted by individuals in the system to
serve purely personal objectives.
c. The possibility of screening out serious offenders
instead of the lesser offenders from whom diversion
is more appropriate.
TYPES OF PRE – TRIAL DIVERSION
a. Dispute – Resolution Programs – Are mediation
programs which seek to help antagonistic parties
resolve their disputes in face-to-face confrontations as
soon after the act that caused the criminal complaint as
possible. The goals of these programs are:
1. To speed justice to those who have been involved in
minor criminal conduct;
2. To reduce the court backlog;
3. To ease interpersonal tensions in the community;
4. To provide a form for citizens that will not interfere
with their jobs; and

5. To remove the stigma of an arrest record for those
involved in minor personal disputes.
b. Deferred Prosecution – Operates in one or two ways;
1. When an offender is arrested, he or she may be
screened according to a number of pre-established
criteria to determine if the problem can be handled
through a formal diversionary program; if so,
project staff will explain the program to the accused
offender, and if the offender is willing to participate
in the program, the court will be asked to defer
formal charging. Prosecutors are usually willing to
dismiss the criminal charges for those offenders
who successfully complete their diversionary
programs.
2. Under the second model, formal charges are lodged
before defendants are screened for their eligibility
for diversionary programs. If the court and the
offender agree, criminal proceedings are suspended
pending the outcome of the findings and
conclusions of the program. A successful solution
through the program ensures that formal charges are
dropped; failure results in formal criminal charges.
c. Treatment Alternatives to Street Crime (TASC)
These are designed to divert drug abusers away from
the criminal justice system and into jurisdiction of agencies
offering specialized support services.
28
TASC is centered around (1) a screening unit which
attempts to identify the drug users entering the criminal
justice system and to offer the program to those offenders
who are eligible under locally determined criteria; (2) and
intake unit which diagnose each offender referred to it and
recommends the appropriate treatment program; (3) and a
tracking unit which constantly monitors the progress of its
clients. Those violating the locally determined success –
failure criteria are returned to the criminal justice system
for appropriate actions.
PRE TRIAL RELEASE
Pre - trial release permits the release of defendants from jail
prior to trial. It offers a series of options that provides
varying levels of supervision and services and can be
offered at points increasingly? Deeper?Into the criminal
justice system.
FORMS OF PRE – TRIAL RELEASE
Pre – Booking Release
Kinds of Pre – Booking Release
1. Fields Citation – This is discretionary method of diverting
some of the pre-arraignment population back into the
community at the point of arrest, and is effected by an arresting
officer who has the option of releasing of the spot any
misdemeanant who does not demand to be taken immediately
before the court, and the date of initial hearing is set for at least
five days following the arrest.
2. Station House Citation – Occurs after a police officer has
transported a misdemeanant to a police station, where the
information provided by the arrested person is verified. It

permits the police officer to make a decision on the basis of
valid information, avoids pre-arraignment, and derives the
misdemeanant of less liberty than if she or he is booked.
Post Booking Release
1. Release on Own Recognizance – is the release without bail
or without supervision where defendant are put on their honor
to report when schedule.
2. Unsecured Bail – Permits release without either a deposit or
bail arranged through a bondsman; and differs from ROR only
in that defendants is obligated to pay the established fee upon
default.
3. Third Party Release – This is one where a relative, friend,
employer, volunteer, or even social agency is given the
responsibility for the defendant/s appearance in court. If a
social agency is given the responsibility, various conditions,
including supervision, are usually involved.
4. Conditional Release – The defendant generally must agree
to certain conditions in addition to the court appearance, like
remaining with in a defined geographical area, etc., and is
usually associated with third-party or supervised release, rarely
use by itself.
5. Monitored OR – Recognizance release and minimal
supervision are the components or this program, where the
defendant must keep the pre-trial release program officer
29
advised of his address and continued presence in the
community by phone calls that prescribed intervals.
1. Privately Secured Bail – A private organization provides
bail for the indigent defendants who meet the agency/s
eligibility requirements, and provides services similar to those
of a professional bondsman, but no cost to the bailed.
2. Percentage Bail – is a publicly managed bail program under
which the offender deposits a percentage of bail amount,
usually (10%) percent, with the court clerk, when defendant
appears in court, ninety percent (90%) of that original ten
percent is refunded.
3. Fully Secured Bail – the defendant his or her family, or
professional bondsmen puts up the security. Bondsmen may
require collateral so that they take little risk. If a defendant
absconds, the bondsman usually pursues with warrant and
brings the defendant back.
4. Cash Bail – is demanded when the charge is not serious and
the scheduled bail is low.
5. Supervised Release –Involves more frequent contact with a
program officer, including phone calls and meetings, than
monitored OR, usually for the purpose of enforcing the
conditions imposed.
5. Supervised Pre-Trial Work Release – Permits only partial
release, although permitted to participate in a work release
program during the day, the defendant is this confined in jail.

A. Innovative Programs Introduced in Corrections
1. Chicago Area Project – founded by Clifford R. Shaw, is a
delinquency prevention programs, and the first organized
program in the U.S. to use workers to establish direct and
personal contact with the “unreached” boys to help them find
their way back to acceptable norm of conduct. Its procedural
principles are:
a. Development of youth welfare organizations
among residents of delinquency areas;
b. Employment of so-called indigenous
workers whenever possible;
c. Fostering and preservation of the
independence of these group.
2. Cambridge – Somerville Study – was the first relatively
rigorous attempt to test the effectiveness of individual
counseling with troublesome school boys who were regarded
by the teachers as headed for delinquent careers. The approach
was friendly rather than professional. This consisted in
watching two groups of delinquent boys, one group was to be
let alone, thus serving as a “control” to the other experimental
or “treated” group. The outbreak of war however, forced to
restrict the period of operation of the study.
3. Synanon House – is a communal, voluntary setting for drug
addicts, which is a private project devoted to the communal
rehabilitation of narcotic addicts. Former drug addicts live and
work together in a state of total abstinence from drugs.
30
Newly arrived addicts are restricted to Synanon property,
participating in general housekeeping and maintenance chores,
which is known as the “first stage”. As the resident hopefully
matures and gathers strength, he “graduates to the “second
stage” during which he works outside of Synanon and returns
which is the evenings. In the “third stage” which is the final
one, they former addict lives outside of Synanon and returns
for occasional meetings.
During his residence at Synanon, the addict participates in
thrice-weekly leaderless group therapy sessions patterned after
those employed by Alcoholics Anonymous. The group sessions
most sharply focus on the primary principles of group-
supported attention which runs through the entire program of
activities. Synanon’s most valuable tool is the mutual,
continuous, day-to-day reinforcement among residents of the
will and intention o keep off drugs.
4. PORT Programs – PORT is an acronym for probationed
Offenders Rehabilitation and Training, established in
Rochester, Minnesota, is a live-in, community – based,
community directed treatment program for both adults and
juveniles. The care of its treatment program is a combination of
group treatment and behavior modification. The individual
arriving at the institution is launched from the bottom level of
five stage classification system which proceed from minimal to
maximal freedom. (Maximal freedom is freedom
commensurate with that of an individual of the same age in the
community). The community and its resources are heavily
utilized. Students from junior colleges are employed as
counselors, and paraprofessionals are used. The public schools

are involved, as are the traditional agencies such as Mental
Health and Department of Vocational Rehabilitation. The
services provided by community agencies are not duplicated in
the center. In this way, the community and its resources are the
sustaining force of the program, and therefore the community
actually runs the program. A sixty-five-member advisory
committee brings legal, financial, employment, and preventive
expertise the projects; no vital area is left uncovered.
FOUR KEY – Citizen Roles in Corrections
1. Correctional Volunteer – Volunteers should be willing to
assume responsibility, more or less formalized for working
directly with offenders.
2. Social Persuaders – This is done by a person of influence in
the dominant social system who is willing to persuade others to
support corrections and its program. This is valuable in bidding
for legislative support.
3. Gatekeepers of Opportunity – The custodians of access to
important social institutions such as employers, school
administrators, and welfare directors must be asked to
participate and support correctional programs.
4. Intimates – peer groups on a non-official basis; correctional
agents could work with community workers in dealing with
traditional peer groups.
B. Basic Principles Underlying the Philosophy of
Community – Based Corrections
31
1. All efforts consistent with the safety of other should
be made to reduce involvement of the individual
offender with the institutional aspects of
corrections.
2. Need for extensive involvement with the multiple
aspects of the community, beginning with the
offender and his world and extending to the larger
social system.
3. Community-based Corrections demand radically
new roles for inmates, staff, and citizens.
C. Significance of Community – Based Corrections
1. Humanitarian Aspect – to subject anyone to
custodial coercion is to place him in physical
leopard, to narrow drastically his access to sources
of personal satisfaction and to reduce self-esteem.
2. Restorative Aspect – Concerns measure expected
to achieve for the offender a position in the
community in which he does not violate the laws.
There measures may be directed at change, control
or reintegration; the failure of offenders to achieve
these goals can be measured by recidivism, and
their success is defined by reasoning specific
objectives set by correctional decision makers.
3. Managerial Aspects – are of special importance
because of the sharp contrast between the per
capital costs of custody and any kind of community
program. When offenders can be shifted from

custodial control to community – based
programming without loss of public protections, the
managerial criteria require that such shift be made.
RESIDENTIAL DECREE No. 968 July 24, 1976
ESTABLISHING A PROBATION SYSTEM, APPROPRIATING
FUNDS THEREFOR AND FOR OTHER PURPOSES
WHEREAS, one of the major goals of the government is to establish a more
enlightened and humane correctional systems that will promote the
reformation of offenders and thereby reduce the incidence of recidivism;
WHEREAS, the confinement of all offenders prisons and other institutions
with rehabilitation programs constitutes an onerous drain on the financial
resources of the country; and
WHEREAS, there is a need to provide a less costly alternative to the
imprisonment of offenders who are likely to respond to individualized,
community-based treatment programs;
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the
Philippines, by virtue of the powers vested in me by the Constitution, do
hereby order and decree the following:
Section 1. Title and Scope of the Decree. This Decree shall be known as the
Probation Law of 1976. It shall apply to all offenders except those entitled
to the benefits under the provisions of Presidential Decree numbered Six
Hundred and three and similar laws.
Section 2. Purpose. This Decree shall be interpreted so as to:
(a) promote the correction and rehabilitation of an offender by
providing him with individualized treatment;
(b) provide an opportunity for the reformation of a penitent
offender which might be less probable if he were to serve a prison
sentence; and
(c) prevent the commission of offenses.
Section 3. Meaning of Terms. As used in this Decree, the following shall,
unless the context otherwise requires, be construed thus:
32
(a) "Probation" is a disposition under which a defendant, after
conviction and sentence, is released subject to conditions imposed
by the court and to the supervision of a probation officer .
(b) "Probationer" means a person placed on probation.
(c) "Probation Officer" means one who investigates for the court a
referral for probation or supervises a probationer or both.
Section 4. Grant of Probation. Subject to the provisions of this Decree, the
court may, after it shall have convicted and sentenced a defendant and upon
application at any time of said defendant, suspend the execution of said
sentence and place the defendant on probation for such period and upon
such terms and conditions as it may deem best.
Probation may be granted whether the sentence imposes a term of
imprisonment or a fine only. An application for probation shall be filed with
the trial court, with notice to the appellate court if an appeal has been taken
from the sentence of conviction. The filing of the application shall be
deemed a waver of the right to appeal, or the automatic withdrawal of a
pending appeal.
An order granting or denying probation shall not be appealable.
Section 5. Post-sentence Investigation. No person shall be placed on
probation except upon prior investigation by the probation officer and a
determination by the court that the ends of justice and the best interest of
the public as well as that of the defendant will be served thereby.
Section 6. Form of Investigation Report . The investigation report to be
submitted by the probation officer under Section 5 hereof shall be in the
form prescribed by the Probation Administrator and approved by the
Secretary of Justice.
Section 7. Period for Submission of Investigation Report. The probation
officer shall submit to the court the investigation report on a defendant not
later than sixty days from receipt of the order of said court to conduct the
investigation. The court shall resolve the petition for probation not later
than five days after receipt of said report.
Pending submission of the investigation report and the resolution of the
petition, the defendant may be allowed on temporary liberty under his bail
filed in the criminal case; Provided, That, in case where no bail was filed or
that the defendant is incapable of filing one, the court may allow the release
of the defendant on recognize the custody of a responsible member of the

community who shall guarantee his appearance whenever required by the
court.
Section 8. Criteria for Placing an Offender on Probation. In 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:
(a) the offender is in need of correctional treatment that can be
provided most effectively by his commitment to an institution; or
(b) there is undue risk that during the period of probation the
offender will commit another crime; or
(c) probation will depreciate the seriousness of the offense
committed.
Section 9. Disqualified Offenders. The benefits of this Decree shall not be
extended to those:
(a) sentenced to serve a maximum term of imprisonment of more
than six years;
(b) convicted of any offense against the security of the State;
(c) who have previously been convicted by final judgment of an
offense punished by imprisonment of not less than one month and
one day and/or a fine of not less than Two Hundred Pesos;
(d) who have been once on probation under the provisions of this
Decree; and
(e) who are already serving sentence at the time the substantive
provisions of this Decree became applicable pursuant to Section 33
hereof.
Section 10. Conditions of Probation. Every probation order issued by the
court shall contain conditions requiring that the probationer shall:
(a) present himself to the probation officer designated to undertake
his supervision at such place as may be specified in the order
within seventy-two hours from receipt of said order;
(b) report to the probation officer at least once a month at such
time and place as specified by said officer.
The court may also require the probationer to:
(a) cooperate with a program of supervision;
(b) meet his family responsibilities;
33
(c) devote himself to a specific employment and not to change said
employment without the prior written approval of the probation
officer;
(d) undergo medical, psychological or psychiatric examination and
treatment and enter and remain in a specified institution, when
required for that purpose;
(e) pursue a prescribed secular study or vocational training;
(f) attend or reside in a facility established for instruction,
recreation or residence of persons on probation;
(g) refrain from visiting houses of ill-repute;
(h) abstain from drinking intoxicating beverages to excess;
(i) permit to probation officer or an authorized social worker to
visit his home and place or work;
(j) reside at premises approved by it and not to change his
residence without its prior written approval; or
(k) satisfy any other condition related to the rehabilitation of the
defendant and not unduly restrictive of his liberty or incompatible
with his freedom of conscience.
Section 11. Effectivity of Probation Order. A probation order shall take
effect upon its issuance, at which time the court shall inform the offender of
the consequences thereof and explain that upon his failure to comply with
any of the conditions prescribed in the said order or his commission of
another offense, he shall serve the penalty imposed for the offense under
which he was placed on probation.
Section 12. Modification of Condition of Probation. During the period of
probation, the court may, upon application of either the probationer or the
probation officer, revise or modify the conditions or period of probation.
The court shall notify either the probationer or the probation officer of the
filing such an application so as to give both parties an opportunity to be
heard thereon.
The court shall inform in writing the probation officer and the probationer
of any change in the period or conditions of probation.
Section 13. Control and Supervision of Probationer. The probationer and
his probation program shall be under the control of the court who placed
him on probation subject to actual supervision and visitation by a probation
officer.

Whenever a probationer is permitted to reside in a place under the
jurisdiction of another court, control over him shall be transferred to the
Executive Judge of the Court of First Instance of that place, and in such a
case, a copy of the probation order, the investigation report and other
pertinent records shall be furnished said Executive Judge. Thereafter, the
Executive Judge to whom jurisdiction over the probationer is transferred
shall have the power with respect to him that was previously possessed by
the court which granted the probation.
Section 14. Period of Probation.
(a) The period of probation of a defendant sentenced to a term of
imprisonment of not more than one year shall not exceed two
years, and in all other cases, said period shall not exceed six years.
(b) When the sentence imposes a fine only and the offender is
made to serve subsidiary imprisonment in case of insolvency, the
period of probation shall not be less than nor to be more than twice
the total number of days of subsidiary imprisonment as computed
at the rate established, in Article thirty-nine of the Revised Penal
Code, as amended.
Section 15. Arrest of Probationer; Subsequent Disposition. At any time
during probation, the court may issue a warrant for the arrest of a
probationer for violation of any of the conditions of probation. The
probationer, once arrested and detained, shall immediately be brought
before the court for a hearing, which may be informal and summary, of the
violation charged. The defendant may be admitted to bail pending such
hearing. In such a case, the provisions regarding release on bail of persons
charged with a crime shall be applicable to probationers arrested under this
provision. If the violation is established, the court may revoke or continue
his probation and modify the conditions thereof. If revoked, the court shall
order the probationer to serve the sentence originally imposed. An order
revoking the grant of probation or modifying the terms and conditions
thereof shall not be appealable.
Section 16. Termination of Probation. After the period of probation and
upon consideration of the report and recommendation of the probation
officer, the court may order the final discharge of the probationer upon
finding that he has fulfilled the terms and conditions of his probation and
thereupon the case is deemed terminated.
34
The final discharge of the probationer shall operate to restore to him all civil
rights lost or suspend as a result of his conviction and to fully discharge his
liability for any fine imposed as to the offense for which probation was
granted.
The probationer and the probation officer shall each be furnished with a
copy of such order.
Section 17. Confidentiality of Records. The investigation report and the
supervision history of a probationer obtained under this Decree shall be
privileged and shall not be disclosed directly or indirectly to anyone other
than the Probation Administration or the court concerned, except that the
court, in its discretion, may permit the probationer of his attorney to inspect
the aforementioned documents or parts thereof whenever the best interest of
the probationer make such disclosure desirable or helpful: Provided,
Further, That, any government office or agency engaged in the correction or
rehabilitation of offenders may, if necessary, obtain copies of said
documents for its official use from the proper court or the Administration.
Section 18. The Probation Administration. There is hereby created under
the Department of Justice an agency to be known as the Probation
Administration herein referred to as the Administration, which shall
exercise general supervision over all probationers.
The Administration shall have such staff, operating units and personnel as
may be necessary for the proper execution of its functions.
Section 19. Probation Administration. The Administration shall be headed
by the Probation Administrator, hereinafter referred to as the Administrator,
who shall be appointed by the President of the Philippines. He shall hold
office during good behavior and shall not be removed except for cause.
The Administrator shall receive an annual salary of at least forty thousand
pesos. His powers and duties shall be to:
(a) act as the executive officer of the Administration;
(b) exercise supervision and control over all probation officers;
(c) make annual reports to the Secretary of Justice, in such form as
the latter may prescribe, concerning the operation, administration
and improvement of the probation system;
(d) promulgate, subject to the approval of the Secretary of Justice,
the necessary rules relative to the methods and procedures of the
probation process;

(e) recommend to the Secretary of Justice the appointment of the
subordinate personnel of his Administration and other offices
established in this Decree; and
(f) generally, perform such duties and exercise such powers as may
be necessary or incidental to achieve the objectives of this Decree.
Section 20. Assistant Probation Administrator. There shall be an Assistant
Probation Administrator who shall assist the Administrator perform such
duties as may be assigned to him by the latter and as may be provided by
law. In the absence of the Administrator, he shall act as head of the
Administration.
He shall be appointed by the President of the Philippines and shall receive
an annual salary of at least thirty-six thousand pesos.
Section 21. Qualifications of the Administrator and Assistant Probation
Administrator. To be eligible for Appointment as Administrator or Assistant
Probation Administrator, a person must be at least thirty-five years of age,
holder of a master's degree or its equivalent in either criminology, social
work, corrections, penology, psychology, sociology, public administration,
law, police science, police administration, or related fields, and should have
at least five years of supervisory experience, or be a member of the
Philippine Bar with at least seven years of supervisory experience.
Section 22. Regional Office; Regional Probation Officer. The
Administration shall have regional offices organized in accordance with the
field service area patterns established under the Integrated Reorganization
Plan.
Such regional offices shall be headed by a Regional Probation Officer who
shall be appointed by President of the Philippines in accordance with the
Integrated Reorganization Plan and upon the recommendation of the
Secretary of Justice.
The Regional Probation Officer shall exercise supervision and control over
all probation officer within his jurisdiction and such duties as may assigned
to him by the Administrator. He shall have an annual salary of at least
twenty-four thousand pesos.
He shall, whenever necessary, be assisted by an Assistant Regional
Probation Officer who shall also be appointed by the President of the
Philippines, upon recommendation of the Secretary of Justice, with an
annual salary of at least twenty thousand pesos.
35
Section 23. Provincial and City Probation Officers. There shall be at least
one probation officer in each province and city who shall be appointed by
the Secretary of Justice upon recommendation of the Administrator and in
accordance with civil service law and rules.
The Provincial or City Probation Officer shall receive an annual salary of at
least eighteen thousand four hundred pesos.
His duties shall be to:
(a) investigate all persons referred to him for investigation by the
proper court or the Administrator;
(b) instruct all probationers under his supervision of that of the
probation aide on the terms and conditions of their probations;
(c) keep himself informed of the conduct and condition of
probationers under his charge and use all suitable methods to bring
about an improvement in their conduct and conditions;
(d) maintain a detailed record of his work and submit such written
reports as may be required by the Administration or the court
having jurisdiction over the probationer under his supervision;
(e) prepare a list of qualified residents of the province or city
where he is assigned who are willing to act as probation aides;
(f) supervise the training of probation aides and oversee the latter's
supervision of probationers;
(g) exercise supervision and control over all field assistants,
probation aides and other personnel; and
(h) perform such duties as may be assigned by the court or the
Administration.
Section 24. Miscellaneous Powers of Provincial and City Probation
Officers. Provincial or City Probation Officers shall have the authority
within their territorial jurisdiction to administer oaths and acknowledgments
and to take depositions in connection with their duties and functions under
this Decree. They shall also have, with respect to probationers under their
care, the powers of police officer.
Section 25. Qualifications of Regional, Assistant Regional, Provincial, and
City Probation Officers. No person shall be appointed Regional or Assistant
Regional or Provincial or City Probation Officer unless he possesses at least
a bachelor's degree with a major in social work, sociology, psychology,
criminology, penology, corrections, police science, administration, or
related fields and has at least three years of experience in work requiring
 36

any of the abovementioned disciplines, or is a member of the Philippine Bar Section 31. Repealing Clause. All provisions of existing laws, orders and
with at least three years of supervisory experience. regulations contrary to or inconsistent with this Decree are hereby repealed
Whenever practicable, the Provincial or City Probation Officer shall be or modified accordingly.
appointed from among qualified residents of the province or city where he Section 32. Separability of Provisions. If any part, section or provision of
will be assigned to work. this Decree shall be held invalid or unconstitutional, no other parts, sections
Section 26. Organization. Within twelve months from the approval of this or provisions hereof shall be affected thereby.
Decree, the Secretary of Justice shall organize the administrative structure Section 33. Effectivity. This Decree shall take effect upon its approval:
of the Administration and the other agencies created herein. During said Provided, However, That, the application of its substantive provisions
period, he shall also determine the staffing patterns of the regional, concerning the grant of probation shall only take effect twelve months after
provincial and city probation offices with the end in view of achieving the certification by the Secretary of Justice to the Chief Justice of the
maximum efficiency and economy in the operations of the probation Supreme Court that the administrative structure of the Probation
system. Administration and of the other agencies has been organized.
Section 27. Field Assistants, Subordinate Personnel, Provincial or City
Probation Officers shall be assisted by such field assistants and subordinate
personnel as may be necessary to enable them to carry out their duties
effectively.
Section 28. Probation Aides. To assist the Provincial or City Probation
Officers in the supervision of probationers, the Probation Administrator
may appoint citizens of good repute and probity to act as probation aides.
Probation Aides shall not receive any regular compensation for services
except for reasonable travel allowance. They shall hold office for such
period as may be determined by the Probation Administrator. Their
qualifications and maximum case loads shall be provided in the rules
promulgated pursuant to this Decree.
Section 29. Violation of Confidential Nature of Probation Records. The
penalty of imprisonment ranging from six months and one day to six years
and a fine ranging from hundred to six thousand pesos shall be imposed
upon any person who violates Section 17 hereof.
Section 30. Appropriations. There is hereby authorized the appropriation of
the sum of Six Million Five Hundred Thousand Pesos or so much as may be
necessary, out of any funds in the National Treasury not otherwise
appropriated, to carry out the purposes of this Decree. Thereafter, the
amount of at least Ten Million Five Hundred Thousand Pesos or so much as
may be necessary shall be included in the annual appropriations of the
national government.