REVIEW NOTES ON CORRECTIONAL ADMINISTRATION

MODULE I. INSTITUTIONAL CORRECTIONS

Terms to ponder:

 PENOLOGY – penology derives from a Latin word “POENA “ which means pain or
suffering and “LOGY” means study.
-penology is 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.
 PUNISHMENT – is the redress that the state takes against an offending member of
society that usually involves pain and suffering. It is also the penalty imposed on an
offender for a crime or wrongdoing.
 CORRECTION – is a branch of the Criminal Justice System concerned with the
custody, supervision and rehabilitation of criminal offenders. the field of criminal
justice administration which utilizes the body of knowledge and practices of the
government and the society in handling individuals who have been convicted of an
offense.
 JAIL – is a place of confinement for city and municipal prisoners, any fugitive from
justice, or person detained awaiting or undergoing investigation or trial.
 CARPETA – otherwise known as “inmate record or jacket”, it contains the personal
and criminal records of inmates. (in BJMP, in BUCOR it is called Prison Record)
 COMMITMENT ORDER – a written order of the court or any other competent
authority consigning an inmate to jail or prison for confinement.
 MITTIMUS ORDER – a warrant issued by a court bearing its seal and the
signature of the judge, directing the jail or prison authorities to receive inmates for
custody or service of the sentence impose therein.
 CONTRABAND – any article, item, or things prohibited by law and/or forbidden by
jail rules that would pose as security hazards or endanger the lives of inmates.
 INMATE – is a generic term used to refer to a detainee or prisoner.

Categories of Inmates:
 Prisoner – an inmate who is convicted by final judgment.
 Detainee – a person who is accused before a court or competent authority and
is temporarily confined in jail while undergoing or awaiting investigation, trial or final
judgment.

Classification of Detainees:

 Undergoing investigation
 Awaiting or undergoing trial
 Awaiting judgment

Classification of Prisoner:

 Municipal Prisoner – one who is sentenced to a prison term of 1 day to 6 months.

 City Prisoner – one who is sentenced to a prison term of 1 day to 3 years.
 Provincial Prisoner –one who is sentenced to a prison term of 6 months and 1 day
to 3 years.

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 Insular Prisoner – one who is sentenced to a prison term of 3 years and 1 day to
life imprisonment.

Justification of punishments:

 Retribution – this was the primitive form of inflicting punishment by the way of
personal vengeance.
 Atonement or Expiation – the penalty is commensurate with the gravity of offense
based on the norms observed by the society.
 Deterrence – it is based on the belief that the offender when punished and
inflicted with suffering would learn the lessons the hard way.
 Protection – served as a social defense wherein the society would gain protection
by putting criminals behind bars.
 Reformation – it is resorted to by imposition of punishment.

Models in Correctional History

 Family Model – held that problems are brought about by poverty, vagrancy,
aging, mental, health, disease, retardation, delinquency and criminality could be
traced to the breakdown of the family and the community and therefore could be best
countered by reestablishing order in the same structure. This resulted in the
recreation of family reestablishing order in the same structure. The resulted in the
creation of family setting in the correctional institution.
 Punishment and Penitence Model (1790-1830) – because of perceived lack of
discipline in the family model, reformers attempt to adopt the extreme use of
punishment and isolation. (Pennsylvania and Album Systems)
 Reform Model – breakdown of punishment and penitence brought about the
adoption of reformatory program for younger boys and girls with modifications to suit
adult offenders. (Zebulon Brockway)
 Rehabilitation Model – with the advent of prison industries, discipline and
overcrowding which brought little concern for rehabilitation, and the rise of positive
school in American criminology, reformers involved the use of clinicians (psychologist,
psychiatrists, and social workers) for the treatment of criminals. This theory was
based on argument that criminals are sicked than only bad members of community.
 Reintegration Model – due to the failure of the rehabilitation model
correctional practitioners and reformers began to search for a viable reason. An
alternative appeared when the Corrections Task Force of the President’s Commission
on the Law Enforcement and Administration of Justice recommended in 1987 the use
of community – based corrections for all but the hardcore offenders. This model looks
the community based as the center of treatment and implies that confinement should
be used only as a last resort.
 Punishment Model – formerly advocated by the “old guard” custodial staff who
questioned the efficiency of the treatment programs and for years employed
punishment model in prisons. Today, it is supported by community spokespersons,
James Q. Wilson and Ernest Van Den Haag, who advocate severity and certainty of
punishment; they suggest that longer imprisonment will keep offenders off the street
and provide a strong moral lesson that crime does not pay.

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HISTORICAL PERSPECTIVE ON THE DEVELOPMENT OF CORRECTIONS

 Code of Hammurabi – the king of Babylon, during the eighteenth century B.C is
recognized as the “first codifier of laws”.
 King Ur-Nammu – the king ruled the City of Ur in ancient Sumeria. He issued a
law favored the imposition of justice instead of vengeance.
 The Justinian Code – during the Middle Ages, in 529 A.D., the Roman Emperor
Justin put the Justinian Code into effect. This code became the standard law in all
areas occupied by the Roman Empire particularly in Europe.
This code was a revision of the Twelve Tables of Roman Law that originated about 500
B.C
 Burgundian Code – this code introduced the concept of restitution. But
punishments were meted according to the social class of the offender.
-Nobles, Middle classes and lower classes have specified values in their lives.
-An offender had to pay the specified value in order not to undergo physical sufferings
as penalty. An offender who cannot pay will be subjected to death penalty. (this only
applied to the members of the nobility and middle classes).
 The Greeks – the Greeks love to philosophize that their brand of justice was not
vengeful and retributive. They maintain that justice should reform the offender but
must also serve as deterrence to others from committing offense.
 The Catholic Church - Offenders preferred trial and punishment under the
ecclesiastical courts because the underlying philosophy of ecclesiastical justice is
penance and the return of those who went astray rather than punitive or retributive
justice.

PUNISHMENT IN ANCIENT TIMES

 Ordeal - In the middle Ages, this spiritual and religious basis for punishment was
joined to the political and social organization. Some methods by which God could
indicate who was innocent and who was guilty
-This is based on the “DIVINE INTERVENTION PHILOSOPHY”
 Stoning to death – punishment inflicted by Greek Justice which is also practice of
the Israelites in Jesus time.
 Breaking on the wheel –the offended party is fastened by metal bands to a board
made of wood and then had their bones systematically broken.
 Burning Alive – like breaking on a wheel, burning alive was once practiced by
Romans.
 Mutilation – exist as the more common forms of punishment. Mutilation was tied
to the crime committed.
 Banishment- became widespread during this period. Although this form of
punishment has been practiced since the dawn of history, the systematic transfer of
offenders to colonized land started to intensify in 17th Century.
 Public Humiliation – Shaming; it causes shame to the offender wherein they are
shaved of their hair, branded and the use of stocks, pillory and docking stool

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RA 9346 – An Act Prohibiting the Imposition of Death Penalty in the Philippines
enacted on June 24, 2006

THE THREE THEORIES/ SCHOOLS IN PENOLOGY

 CLASSICAL SCHOOL
-This School laws stressed on the crime and not on the person or criminal offenders.In
this approached punishment which is retributive, is standardized and proportioned to
the gravity and nature offense.
It assumes that every individual has free will and knows the Penal Laws.

 NEO-CLASSICAL SCHOOL
-This approached of penology assessed at the time of French Revolution. It maintained
that while the classical School Doctrine in general is connect. It should be modified in
certain details. It argues that since children and lunatic cannot calculate pleasure
and pain they should not be prepared as criminals and as such that they should not
be punished.

 POSITIVIST SCHOOL
-This school views as “crime as social phenomenon” and attaches importance to
criminal offenders to this effect.
A criminal is like a sick man who needs not to be punished but treated in a hospital so
that his illness which has something to do with the commission of crime may be cured

THE DEVELOPMENT OF MODERN CORRECTION

 THE AUBURN SYSTEM – among its features were the confinement of prisoners in
single cells at night and congregate workshops during the day.
-This institution is referred to as the “Institution of Silent system”.

 THE PENNSYLVANIA SYSTEM – It features consisted solitary confinement of

prisoners in their own cell day and nightwhere they slept, receiving religious
instruction and read the bible.

 The Walnut Street Jail– Philadelphia, Pennsylvania named after the street on
which it was located. This was constructed into a state prison and became
-“the First American Penitentiary Prison.”

 The Maine State Prison – The original layout of the prison "had underground cells
– deep holes into which prisoners were lowered each night and brought up in the
daytime to labor in the stone quarry on the prison property.
 The Reformatory Movement-The progressive development of the prison system
came in the middle of the 19th century.

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“This changes the old punitive of punishment to a more humane treatment with
innovative institutional progress.”

PERSONS WHO SERVED AS BENCHMARK IN THE STUDY OF CORRECTIONS

 Kenneth Pray – former clean of the University Of Pennsylvania School Of Social

Work who maintained that social workers could feel at home and provide an important
service in the authoritarian setting of the prison.
 Dr. Ralph Brancale – head of New Jersey State Diagnostic Clinic who spoke on the
importance of the role of psychiatry in the prison.
 Price Chenault – Director of Education for New York State Prisons mentioned the
contributing force to a complete prison rehabilitation.
 Domer of France (Domet) – established an agricultural colony for male juveniles.
The boys were confined in cottages with an appointed house fathers to supervise
them. It focused on education rather than imposition of punitive punishment
 Alexander Macanochie – considered father of modern penology. He was
assigned as superintendent of the English Penal Colony located at Norfolk in
Australia. He advocated humane treatment for convicts as opposed to corporal
punishment
 Mark system for good behavior was created every after accumulating the required
number a ticket to leavewas issued to deserving convicts.
 Sir Walter Crofton – Chairman/ Director of Irish prisons, he introduced the
progressive stage system also known as The Irish System, which was implemented
in four distinct stages aimed to lessen the period of imprisonment of convicts.
The Irish System (4) distinct stages:
1. Solitary confinement of prisoners for nine months receiving reduced diet and
monotonous work;
2. Assignment to public works in association with other convicts;
3. Sending to a place which was a sort of preparation of release where the prisoners
worked without custodial;
4. Release of the prisoners on supervision under the conditions equivalent to parole
 Zebulon Reed Brockway –sometimes referred as the “father of prison reform” in
the United States of America. He was the superintendent of the Elmira Reformatory in
New York. He introduced a system of grades for prisoners.
 The Elmira Reformatory is considered the forerunner of the modern penology
because it has all the elements of a modern correctional system

TWO SYSTEM BASED APPROACHES TO CORRECTIONS

-As one pillars of the criminal justice system, the Philippine corrections pillar at
present has two system based approaches.
 Institution-based Corrections
 Non-Institution or Community-Based System.

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-Both system are being implemented on a fragmentary basis by three departments of
the executive branch of government. These are the following:
 DILG – City, Municipal and Provincial Jails
 DSWD - Juveniles
 DOJ – BUCOr, BPP, PPA

Court and other entities authorized to commit a person in jail:

 Supreme Court
 Court of Appeals
 Sandiganbayan
 RTC
 Me/MTC
 MCTC
 Congress of the Philippines
 Other administrative bodies or persons authorized by law to arrest and/or
commit a person to jail

DEPARTMENT OF JUSTICE (DOJ)

 Under the (DOJ) Department of Justice, the offices that are tasked to carry out
the mission of correction rest with the Bureau of Corrections (BUCOR), the Board of
Pardons and Parole (BPP)and the Parole and Probations Administration(PAA).

 The principal task of the BUCOR is the rehabilitation of national prisoners so they
can become useful members of society upon completion of their service of sentence. A
national prisoner is one whose maximum sentence is more than three (3) years or a
fine or more than five thousand pesos, or regardless of the length of sentence,

 to one sentenced for violation of custom law or other laws under the jurisdiction of
the Bureau of Customs or enforceable by it, or for violation of immigration and
election laws; or to one sentenced to serve two (2) or more sentences the total of
which exceeds three (3) years.

PENAL INSTITUTIONS UNDER BUCOR

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 San Ramon Penal Colony – Zamboanga City, was constructed in 1869 to
house political offenders; this facility was named after Ramon Blanco who disregarded
the old practice of having political prisoners shot; 1, 524.6 hectares
 New Bilibid Prison – Muntinlupa City; 552 hectare, was constructed in 1936
 Davao Prison and Penal Farms – Davao; “Davao Penal Colony “; founded by
Gen. Paulino Santos; was established on January 21, 1932; divided into two sub-
colonies: Panabo, Kapalong, Tanglaw (homesteader); houses the largest Abaca
Plantation in the Philippines and it is the largest income earner for the Bureau of
Corrections.
 Correctional Institution for Women – Mandaluyong, Metro Manila; 1929
 Iwahig Prison and Penal Farm – “Iwahig Penal Colony”, Puerto Princesa City,
Palawan; 38, 611 hectares; established to house incorrigibles; this institution has no
walls and considered open institution; was established during American Occupation
on November 16, 1904; sub-colonies:Santa Lucia, Inagawan, Montible and Central
 Sablayan Prison and Penal Farm – Sablayan Occidental Mindoro; 16, 000
hectare; an open type institution which has rice for its principal product and grows
vegetable crops for their consumption; September 27, 1954.
 Leyte Regional Prison – Ibuyog, Leyte; was established on January 16, 1973; has
an inmate capacity of 500; admits convicted offenders from Region VI and from the
national penitentiary in Muntinlupa

 Prison Accommodation Standards

 Shall meet requirements of sanitation and hygiene with emphasis on adequate
ventilation, living space and lighting;
 Bathrooms and washing areas in every prison authorities;
 Inmates shall properly maintained and kept clean at all times;
 Beds and clothing shall be neatly made up in a uniform manner and disinfected
at least once a month;
 Cleanliness at all times in all dormitories or cells toilets and baths;
 As often as necessary, an inmate shall send his dirty clothes to the laundry
 Exposure of clothes, beds, bedding and others to sunshine in designated areas;
 Inmates shall serve meals three (3) times a day. Breakfast shall be served not
more than 14 hours after the previous day’s dinner.
 Transfer of Inmates by Director upon recommendation of the Superintendent
concerned.
 Transfer to a Stockade of the AFP – certified as minimum security risk and does
not belong to any of the following:
- Life to death inmate;
- Previous record of escape;
- Recidivist;
- Crime involving moral turpitude;
- Female inmate;
- Previously Transferred to AFP stockade and was returned to prison for prison;
- More than 50 years old or who can no longer perform manual work;
o Permanent resident of a place within the radius of 100 kilometers from AFP
stockade where he is being transferred; or
o With pending case or witness in any pending criminal case

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- Transfer of inmate to a Provincial Jail and Vice Versa – upon direction of the
President, subject to physical and mental examination before transfer.

CLASSIFICATION OF INMATES

 The Classification Process - It refers to a method by which diagnosis, treatment,

planning and execution program are coordinated in the individual case. Convicts
committed to the BUCOR for confinement are brought for admission at the RDC in
New Bilibid Reservation in Muntinlupa, Metro Manila will receive prisoners coming
from all over the country except those sentenced by courst having jurisdiction for the
provinces of Zamboanga del Norte, Zamboanga del Sur, Basilan, Sulu and Tawi-
Tawiwho will be brought to the San Ramon Prison and Penal Farm which also has an
RDC Facility inside that colony.

 RDC Reception Diagnostic Center handles the first two phases.

Procedures of Classification:

1. Diagnosis
2. Treatment Planning
3. Execution of Treatment program
4. Re-classification

The casework or individualized method of diagnosis and Treatment of the convicts are
held at the Reception Diagnostic Center for a period for a Sixty (60) days commencing
from their commitment to the prison.

RDC COMPOSITION

 Psychiatrist-examines the convict and prepares an abstract of the emotional and

mental constitution of the individual. His recommendation to transfer, custody and
care indicates the type of work, educational training,recreation and disciplinary
treatment proper for the convict.
 Psychologist-the mental level as well as general interest of the convict is
determined by the psychologists through a series of abstract tests and interview with
the convict. This would point out the outstanding factors which contributed to the
individuals’ maladjustment.
 Sociologist-The sociologist is concerned with the personal history of the convict to
ascertain his situation and circumstances in life. This is mainly undergone by
interviews with the family, friends and relatives of the convict.
 Education Officer-Theeducational strength and weaknesses of the individual is
determined by the education officer in order to recommend the appropriate and
suitable educational program for the convict. His report is always part of the case
summary of the inmate.
 Vocational Counselor-by interviewing the convict the employment record is
ascertained by the vocational counselor, his general ability and skills of the convict is
necessary to obtain to recommend the vocational program suited for him while under
incarceration.
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 Chaplain-the religious affiliation of the convict is ascertained by the chaplain. The
conduct of the inmate is reflected with the degree of his faith to his religion and thus
very essential in determining the appropriate program.
 Medical Officer-The physical examination of the convict is conducted by the
medical officer to obtain the medical history. This will be needed in the segregation of
the convict should illness which are contagious be detected.
 Custodial-Correctional Officer-The observations made by the custodial officer will
determine how will the convict react with other inmates and would play a role in
choosing the type of custody of the prisoner.

Admission Process

 Checking of the commitment paper- The commitment paper is in due form if it

bears the signature of the judge or signature of the clerk of court and the seal of the
court or committing authority.
 Establishing the identity of the prisoner- This is done by comparing and
examining the fingerprint and photograph of the inmate contained in the commitment
order. This is to make sure that the person being committed is the one named in the
commitment order.

-The admission of the commitment of the inmate is undertaken in the area which is
physically separated from the general population.
-The inmate is photographed, front and side view, fingerprinted and assigned a
permanent prison number. Male inmates are given the standard or regulation haircut
and the bearded/mustache shaven off.

 Searching the prisoner-A complete body search where frisking is undertaken to

look for contrabands. Hair pieces and wigs are not allowed unless approved by the
Superintendent. All personal items must be inspected thoroughly and items not
allowed at the prison such as cash jewelry, watches, and weapons are deposited with
the a receipt to be issued by the staff and given to the prisoner

 Issuance of clothes and equipment-Bedding and suitable clothing are given in

accordance with the degree of sentence. whenever practicable one blanket, mat, pillow
with case, mosquito net, set of mess kit and a kind of pair of slippers. The convict
would spend at least five (5 days) threat to insure that the prisoner is not afflicted or
suffering from any contagious disease.

Color of uniform as to security classification:

a. Maximum security-tangerine
b. Medium security-blue
c. Minimum security-brown
d. Detainee-gray

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 Orientation Procedure-A booklet containing the rules and regulations
implemented at the prison is given with all pertinent matters discussed by the prison
staff.

 This is the initial contact of the prisoner with the center and is deemed meaningful
towards the aim to reform him.

 Testing Programs-the psychological and psychiatric group testing is conducted to

the personality of the inmate and predicts the manner in which he will interact with
the other prisoners.

 Staff Conference-after all the tests, interview and examinations has been
conducted the staff conference is undertaken, it is said forum that the inmates
program for treatment and training is planned.
-This is of a tentative status and would depend in the exemplary behavior and religious
observance of the convict with the program ascertained.

 Admission summary-It is written compilation made by the staff regarding their

findings on the prisoner. It is used by the classification committee as a guide in
carrying out the rehabilitation program of the prisoner in the operating institution.

 Transfer Out of the Center-Aftercompletion of the Admission Summary, the

prisoner is transferred out of the center to the operating institution. The tentative
program arrived or determined is approved by the Director of prisons.

- The said summary is forwarded to the Classification and treatment division of the
prison for implementation. While waiting for his permanent residence assignment, the
prisoner stays at the orientation unit. Therein he is guided to choose his vocation
program.

THE CLASSIFICATION BOARD (BUCOR)

The board is tasked to classify inmate as to security status and for privilege
entitlement. The CB shall have the following composition:

 Chairman – Penal Superintendent

 Vice Chairman – Chief, RDC
 Member – Medical Officer
-Chief, Education Section
-Chief, Agro-Industries Section
-Chief, Overseer

CLASSIFICATION OF INMATES AS TO SECURITY RISK:

Maximum security group-this shall include high security risk or highly dangerous
inmates as determined by the classification board who requires an extreme degree of
supervision and control. also:
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 Those sentenced to death:
 Those whose minimum sentence is twenty years of imprisonment
 Detainees or remand inmates whose sentence is 20 years and above and those
sentences are under review by the Court of appeals or the Supreme Court;
 Those with pending cases;
 Escapees,recidivists and habitual delinquents;
 Those under safekeeping or disciplinary punishment;
 Those confine at the RDC; and
 Those who are diagnosed as criminally insane or with severe emotional ore
personality disorders that makes them hazardous to fellow inmates or the prison staff.

Medium security group - Those whose minimum sentence is less than twenty years
imprisonment and:
 Detainees or remand inmates whose sentence is below twenty years;
 Those who are eighteen years of age and below regardless of sentence and case;
 Those who have two or more records of escapes; and
 First time offenders sentenced to reclusion perpetua.

Minimum security group

 Those with a severe physical handicap as certified by the chief medical officer of
the prison;
 Those who are sixty-five(65) years old and above without pending case and whose
convictions are not on appeal;
 Those who have served ½ of their minimum sentence or 1/3 of their maximum
sentence, including good conduct time allowances;and
 Those who have only six months more to serve before the expiration of their
maximum sentence.

CLASSIFICATION OF INMATES AS TO ENTITLEMENT OF PRIVILEGE:

 Third class inmate-one who has have either been previously committed for three
or more times as a sentenced inmate, except those imprisoned for non-payment of a
fine and who had been reduced from higher class.
 Second class inmate- a newly arrived inmate, an inmate demoted from first class
or promoted from the third class.
 First class inmate-are those whose known character and credit for work while in
detention earned assignment to this class upon start of sentence; or one who has been
promoted from the second class.
 Colonist-Those who are first class inmates and has served for one year
immediately preceding the completion of the period specified in the following
classifications: has served imprisonment with the good conduct for a period equivalent
to 1/5 of the maximum term of his prison or seven years in the case of reclusion
perpetua.

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Privileges of a Colonist

- Additional 5 days GCTA for each calendar month aside from the regular
GCTA under Art. 97 of RPC;
- Automatic reduction of life sentence imposed on a colonist to 30 years;
- Subject to approval of the Director, have his wife and children or the women
he desires to marry, live with him in the prison and penal farm with transportation to
and from the government commissary in addition to free subsistence; and
- Wearing of civilian clothes on such special occasions as designated by
Superintendent.
 Colonist status shall entitle spouse prisoner of living together. Revocation of
colonist status may be lost for cause by the Superintendent with the approval of the
director.

 Detainee – those who awaits for final verdict are entitled of some privilege that
regular inmates does not have.

RIGHTS AND PRIVILEGES OF AN INMATE

 To receive compensation for labor he performs;

 To be credited with time allowances for good conduct and loyalty;
 To send and receive mail matters;
 To practice his religion or observe his faith;
 To ventilate his grievances through proper channel; and
 To receive death benefits and pecuniary aid for injuries.

OUTSIDE MOVEMENT OF INMATES

 To address life threatening ailments, a prisoner may be allowed by the court with
the endorsement of the director to seek medical attention to a facility with sufficient
care and equipment.
 In cases wherein an immediate family member of the inmate dies, he/she may be
allowed by the Superintendent to view the remains of the deceased upon the written
application at least two days before the enjoyment of the privilege and submission of
the original or certified true copies of the death certificate, burial permits and the
proof of relation with the decease.
 The inmate is allowed to view that remains within three hours. This privilege may
be enjoyed by a inmate only if the deceased relative is in a place within a radius at 30
kilometers by road from the prison. Where the distance is greater than that
prescribed, it may be extended provided if an inmate can leave and return to his place
of confinement during daylight of the same day.

REHABILITATION SERVICES

 The Bureau shall undertake rehabilitation and treatment programs to help an

inmate lead a responsible, law-abiding and productive life upon release. Inmate,
public safety and the requirements for effective custody shall take precedence over all
other activities.
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 Programs of Rehabilitation
o Health
o Education
- Elementary
- Secondary
- College; and
- Vocational
o Religious
o Related rehabilitation services

BASIC NEEDS OF PRISONERS/OFFENDERS

1.The provisions for basic physiology needs as the first consideration before any
effective rehabilitation treatment program can be undertaken;
2.These basic human needs are:food,clothing,shelter,water,lighting and soap;

Food Services:
a. There shall be mess service unit in every jail which is responsible for the daily
preparation,handling and delivery of food to prisoners/detainees.
b. The unit shall be responsible for the daily allocation of ration to prisoner/detainees
based on an accurate body account,
c. It shall coordinate with the custodial force in the supervisions of food so that
equitable distribution maintained.
d.The food rations for distribution shall not be taken out from the mess hall or
designated eating places unless permission is granted by competent authority.
e.An inspection team shall supervise the preparation and distribution of food to
prisoner/detainees.
f.Special menu shall be allowed for inmates undergoing medical treatment.

Shelter or Living space:

a.Each prisoner shall upon admission to the jail,be assigned in a cell where he is given
a bunk or a steel/wooden bed,mat,pillow,blanket and mosquito net;and
b.Each prisoner/detainee shall keep his immediate vicinity clean and sanitary at all
times.

Confinement and Accommodation of Inmate

Place of Confinement – prison nearest the residence of the inmates designated by the
President as place of confinement of national prisoner.
Security Compounds – separate prison compounds for the segregation of inmates
according to security classification.
Separate Facilities – separate dormitories under the following categories:
 Finally sentenced inmates;
 Inmates who are likely to exercise a negative influence on other inmates;
 Detainees
 Youthful offender or who are under 18 year old;
 First offenders;
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HEALTH SERVICES

a.Provide examination examination,diagnosis and treatment of medico-dental patience

of the BJMP;
b.Assist in the total health care delivery in consonance with the nationaldevelopment;
c.Provide opportunities for professional growth and development among its health
personnel;
d.Providemedical,neuro-psychiatric and dental evaluations among the BJMP
applicants to ensure a highly professionalize service;
e.Formulation of health policies of the Bureau based on relevant researches of the
health care needs;
f.To coordinate with the local health executives,medico-dental associations and other
civics organizations regarding health concerns of the locality;
g.To conduct psychological rehabilitation of offenders in line with the total
rehabilitation of offenders;
h.To assist the Chief of the Bureau regarding health matters of offenders and
employees.

The Health Service shall be composed of component medical,dental,nursing, and

paramedical staff to attend to the health care needs of the bureau personnel and
health facility acquisitions must be in accordance with the health care demands of its
patience and sustained by appropriate budget

RECREATION AND SPORTS PROGRAMS

 Recreational and sports facilities to be provided consistent with available resources

shall be library services,indoorsports,such as chess,tabletennis,pool, and outdoor
sports,likebasketball,softball,boxing,etc.The jail authorities shall provide for the
athletic equipment necessary to undertake these activities and shall designate a
specific recreation and athletic officer to carry out and supervise the program.

WORK PROGRAMS

 Each facility shall have a work program for the purpose of developing available
lands into productive areas giving inmates compensation for their labor and keeping
them busy while their sentences.This includes livelihoods,projects,etc, that are income
generating.

The following requirements in work programs shall be observed:

a.labor should have a socio-economic redeeming value;
b.the organization and methods of work shall resemble those of similar work
outside,as to prepare prisoners/detainees for the condition of normal occupational life;
c.Precaution should be observed to protect the safety and health of inmates
d.Prisoners.detainees shall be indemnified ahgaist industrial injury occupational
disease and

14
e.daily and weekly working hours of prisoner/detainees must be fixed,leaving one rest
day for recreational activities.

INMATE’S COMPENSTATION

a. Inmates working in jail agro-industrial projects on regular, seasonal or contractual

basis shall be paid compensation rates by the Chief of the Jail Bureau or Warden. This
compensation emanates as their share in the production income.
b.The whole or a part of the compensation earned by any prisoner/detainee may be
forfeited and applied to payment of supplies and equipment lost or damages resulting
from his misconduct or neglect.
c.Prisoners/detainees which have savings from their compensation can remit certain
amounts to their relatives through the assistance of jail authorities.

INDUSTRIAL TRAINING OF PRISONERS AND DETAINEES

a.Prisoner/Detainee should not be allowed to be employed in any private work for the
benefit of an officer or employee of the jail.
b.Employed prisoners/detainee shall not be allowed to remain in their cell during
working hours,those are assigned to work as room orderlies or directed to remain by
proper authority.
c. work shall be at least eight(8) hours a day, except Sunday and legal holidays.
d. a detainee offender shall not be allowed to work outside other than cleaning his cell
and other work as may be necessary for sanitary reasons. However ,if he elects and
request in writing approved by competent authority he shall be given full credit for all
days he spent working pursuant to republic act 6127.
e. Hard labor shall not be tolerated as part of jail emplo0ynebt or any other required
assignment.

VISITATION SERVICES

1.Visits of the immediate family or to reputable and duty acknowledge friends of

prisoners/detainees are, under supervision allowed on regular intervals.
2.In this regard, the Warden shall determine and prescribed the date and manner on
how visitation service can be facilitated.

An inmate shall have the right to be visited by his family and reputable friends on Sunday to
Thursday from 9:00 am to 3:00 pm at the visitor’s room (BUCOR) but in BJMP they have the
right to be visited from Tuesdays to Fridays 1:00 pm to 4:00 pm and every Saturdays and
Sundays from 9:00 am to 4:00 pm.

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The following guidelines shall be observed in jails:

a. Visiting facilities - the visiting room shall be arranged to provide space for adequate
supervision and adapted to the degree of security requirements. It should be
comfortable and pleasant as possible and formally arranged.
b. The Visiting Room Officer - Visits must be supervised to prevent the passage of
contraband and ensure the security and welfare of the jail. Visitations have an
inevitable and extensive public relation aspect.
c.Visiting Periods - Authorized day for visits of inmates shall be scheduled by the
Warden consistent with the security policies on the matter.
d.Frequency of visits - Limitation on the length or frequency of visits shall be imposed
to chronic overcrowding.
e.Reguar visitors - The Visiting Officer shall be responsible for compiling the regular
visiting list for each inmate.
f. Penalty for Circumventing Regulations - Any effort to circumvent or evade visiting
regulations shall not only result in the denial of future visits,possibly over an extended
period of time but may require that other disciplinary action and possible court
proceedings be initiated against visitor.
g.Rules and regulation shall be observed by inmates and their respective visitors
inside the visiting room or area

MAIL SERVICES

1.Mail service shall be provided to all prisoners/detainees provided that outgoing and
incoming mail matters are passed to a designated Sensor Officer in order to prevent
the entry of contrabands or illegal articles and entry or exit information affecting the
security of the jail.
2.The prisoner/detainee sending out any matter shall open his mail and have it read
and inspected by the designated Censor Officer.
3.The designated jail staff shall collect the offender’s mail matters on a daily
basis,Monday through Friday:
4.Offender’s letters or any other mail matters shall sent as registered certified,stamped
or special delivery if they so desire at their expense.The letters will be processed in
accordance with procedures for handling of mail.
5.An offender under disciplinary segregation shall be allowed full correspondence
privilege,unless his misconduct involves a serious violation of correspondence
regulations:and
6.Offenders may receive or send money through the jail mail service under the
supervision of the Warden.

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DISCIPLINE AND PUNISMENT

 Self-discipline is an essential characteristic of a well-adjusted person. All

breach discipline in prison shall be reported to authorities with observance of
due process before any imposition of punishment by the Board of Discipline
headed by the Assistant Superintendent.
 Prohibited Acts:
o Illegal sexual acts or encouraging the commissions of the same.
o Openly displaying obscene or lewd photographs, pictures, drawing
o Possession of articles which pose a threat to prison security or to the
safety and well-being of the inmates and staff.
o Giving gifts, selling or bartering with prison personnel;
o Maligning or insulting any religious belief or group.
o Rendering personal services to or requiring the same from fellow inmate;
o Gambling;
o Exchanging his uniform with another inmate or wearing another’s
uniform;
o Using profane, vulgar, or obscene language or making loud or unusual
noise;
o Loitering in the prison compound or reservation;
o Giving gift or providing material or other assistance to fellow inmate or to
the prison authorities or personnel;
o Engaging in any private work for the benefit of a prison officer or
employee;
o Controlling the activities of others;
o Tattooing himself or allowing himself to be tattooed;
o Disobeying legal orders of prison authorities promptly and courteously
o Threatening verbally or in writing another
o Possession of any cellular, pager or radio receiver, or any communication
device;
o Making frivolous or groundless complaints; and
o Displaying behavior which might lead to disorder or violence or other
which may endanger the facility or outside community.

Punishment
 Procedure:
o Written complaint filed at the office of the Superintendent by the
aggrieved or any inmate;
o If after initial investigation, the Superintendent may dismiss the
complaint if baseless, otherwise he shall endorse the complaint to the
Board from hearing;
o The board shall within five (5) days from termination of hearings decide
the case;
o The hearing shall be summary and is not bound by the technical rules
on evidence;
o The inmate charged shall be allowed to present evidence in the hearing;
o The decision of the board shall be subject to review and approval by the
Superintendent;

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 o The decision as approved by the Superintendent shall be final.

Imposable Punishment
 Caution or reprimand
 Cancellation of recreation, education, entertainment and visiting privileges;
o Deprivation of GCTA for a specific period;
o Change of security status to the next higher e.g. from medium to
maximum.
o Confinement in disciplinary cell shall be done from one (1) to two (2)
months depending on gravity of the offense, if any of the mentioned
penalties prove to be ineffective.
o Use of handcuff or any instrument of restraint is not allowed except to
prevent an escape during transfer or movement or from harming himself
or others or destruction of property.

PRE-RELEASE TREATMENT

1. Leave for work which allows the offender to be employed in the community at day
provided he return to the institution at night.
2. Special information sessions which covers parole conditions and employment
opportunities.
3. Granting greater freedom inside the institution, wherein in the prisoner is allowed
to wear civilian clothes, lodging in separate quarters, giving him more leisure
opportunity and generally giving him less supervision inside the prison.
4. Group and individual counseling to lessen his worries and anxiety regarding his
return to the free world.
5. Pre-Released leaves for a few hours a day to enable the prisoner to arrange outside
residence and procure pertinent papers.

MANNER OF RELEASING

1. A prisoner may be released by:

a.serve of sentence
b.order of the court
c.parole
d.pardon
e.amnesty
f.any lawful order of competent authority

2.If feasible,a prisoner shall be notified of his released at least one week before the
date of such things.

3.Before an offender is release,he shall be properly identified to insure that he is the

same person receive and to be release.His marks and fingerprints shall be verified with
those taken when he was receive.

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4.No offender shall be released on mere verbal order or by telephone.The release on an
inmate by reason of acquittal,dismissal of case,payment of fines and/or indemnity
failing of bond,shallgiven effects upon receipt the Release Court.

5.An offender shall be released promptly and without unreasonable

delay.However,before the released of the offender who is suffering from a contagious
disease and we cannot defray the expenses for his treatment,the warden concerned
shall take the necessary step to assist him in securing accommodation in an
appropriate for follow-up treatment.

6.Under proper receipt,all money earned and other valuables held in trust when first
admitted,shall return to the offenders uoponrelease;and

7.The release offender shall be issued a Certificate of discharge fro m the jail the
warden or jailer.

PENAL INSTITUTIONS UNDER THE DILG

Under the DILG are the Bureau of Jail Management and Penology(BJMP)and the
Provincial Local Government Unit, The BJMP takes charge of District, City and
Municipal Jail nationwide while theProvincial Jails are operated by the
Provincial Local Government Units.

LEGAL BASIS, BJMP - also known as the Jail Bureau created as a distinct and
separate line Bureau by virtue of RA 6975 otherwise known as the Department of
Interior and Local Government Act of 1990 which approved by then President Corazon
C. Aquino on December 13, 1990 with the aim of promoting, developing,
professionalizing and improving supervision of District, City and Municipal Jails
nationwide.

Bureau of Jail Management and Penology

- Created by R.A. 6975“Department of the Interior and Local Government Act of

1990”
- Passage of R.A. 9263“Bureau of Fire Protection and Bureau of Jail
Management and Penology Professionalization Act of 2004”
- amended some provisions of R.A. 6975
- Has control and supervision over the city and municipal jails, provincial jails
shall be under the supervision and control of the provincial government.

Mandates:

 Safekeeping
 Development of inmates (rehabilitation rather than retribution and punishment)

Organizational Structure of BJMP

 Chief BJMP
 Deputy Chief (Admin and Operation)

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 Directorates (Personnel, Operations, Logistics, Comptrollership, Research Plans
and Programs, Inspect Ion and Investigation Unit)
 Staff Group (Health Service Unit, Chaplain Service, Supplies and Accountable
Unit, Finance Service Unit, Heating Unit)
 Personnel Staff Group (Inspectorate Office, Community Relation Office, Legal
Office and Internal Audit Office.

On January 2,1991 the BJMP was formally established

SEC.4 RA 9263 Professionalization and Upgrading of Qualification Standards in the

Appointment of Uniformed Personnel to the BFP and the BJMP:

 A Citizen of the Republic of the Philippines;

 A person of good moral Character;
 Must have passed the psychiatric/psychological, drug and physical test for the
purpose of determining his/her physical and mental health;
 Must possess a baccalaureate degree from recognized institution of learning
 Must possess the appropriate civil service eligibility;
 Must not have been dishonorably discharged of dismissal for cause from
previous employment;
 Must not have been convicted by final judgment of an offense or crime involving
moral turpitude;
 Must be at least one meter and sixty-two centimetres (1.62 m.) in height for
male, and one meter and fifty-seven centimetres (1.57m.) for female: Provided, that a
waiver for height and age requirement/s shall be automatically granted to applicants
belonging to the cultural communities; and
 Must weight not more or less than five kilograms (5kgs) from the standard
weight corresponding to his/her height, age and sex.

Reception Procedures: BJMP

- Checking of documents
- Examination of arrest report, medical certificate
- Checking the authenticity of complaint/ information, commitment order or
mittimus)
- Searching of inmates’ things (cash and contraband)
- Issuance of receipt of cash and other property by the property custodian
- Fingerprinting and photographing
- Accomplishment of jail booking report
- Conduct of interview (medical record, social case study)
- Strip searching
- Briefing or orientation of jail rules and regulations
- Assignment of dormitory
- Issuance of jail materials (jogging pants and t-shirt) also used for hearing
- (in case of safekeeping, the warden is entitled to receive compensation for their
support and custody), in case of detainee – information on the provision of RA 6125,
Detainees Manifestation except for recidivist or previously convicted twice or more or
failed to surrender voluntarily for the execution of sentence.
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- Issuance of certificate of Art 29of the RPC
- Submission of agreement or certification

CLASSIFICATION BOARD (BJMP) – The CB shall be task with the gathering of

information and other data of every inmate into a case study to determine the work
assignment, the type of supervision and degree of custody and restriction under which
an offender must live in jail

Chairman: Assistant Warden

Members: Chief, Security Officer
Medical Officer/ Public Health Officer; Jail Chaplain; Social Worker/
Rehabilitation Officer

DISCIPLINARY BOARD – this shall be organized and maintained by jails for the
purpose of hearing disciplinary cases involving offender who violates jail rules and
regulations.

Composition: same as the classification board except the Jail Chaplain

PUNISHABLE ACTS:

o Illegal sexual acts or encouraging the commissions of the same.

o Openly displaying obscene or lewd photographs, pictures, drawing
o Possession of articles which pose a threat to prison security or to the safety and
well-being of the inmates and staff.
o Giving gifts, selling or bartering with prison personnel;
o Maligning or insulting any religious belief or group.
o Rendering personal services to or requiring the same from fellow inmate;
o Gambling;
o Exchanging his uniform with another inmate or wearing another’s uniform;
o Using profane, vulgar, or obscene language or making loud or unusual noise;
o Loitering in the prison compound or reservation;
o Giving gift or providing material or other assistance to fellow inmate or to the
prison authorities or personnel;
o Engaging in any private work for the benefit of a prison officer or employee;
o Controlling the activities of others;
o Tattooing himself or allowing himself to be tattooed;
o Disobeying legal orders of prison authorities promptly and courteously
o Threatening verbally or in writing another
o Possession of any cellular, pager or radio receiver, or any communication device;
o Making frivolous or groundless complaints; and
o Displaying behavior which might lead to disorder or violence or other which may
endanger the facility or outside community.
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 DEPARTMENT OF SOCIAL WELFARE AND DEVELOPMENT

 Welfareville Institution-Philippine Training School for Boys and for Girls;

established on December 3,1924

The DSWD, on the other hand, operates Regional Rehabilitation Centers, which is
located in ten sites nationwide

THE REGIONAL REHABILITATION CENTERS FOR YOUTH

 These correctional facilities are maintained and operated by the Department of

social Welfare and development(DSWD).there are nine (9) Regional Rehabilitation
Center for Youth(RRCY)

 nationwidethe National Training School for Boys(NTSB) which are the places of
destination for youthful offenders from the nine years old to below eighteen(18) years
old.

THE PUBLIC ATTORNEYS OFFICE(PAO)

RA 1199 – created the Agricultural Tenancy Commission,which was later,renamed as

Tenancy Mediation Commission(TMC).

RA 3844 – Otherwise known as the ``Agricultural Land Reform Code’’,TMC was

further strengthened and renamed as the Office of the Agrarian Counsel(OTAC)

SERVICES AND SPECIAL PROJECT OFFERED

1. Representation of indigents in judicial and quasi-judicial cases. The following are

considered indigent:

Those residing in Metro Manila,whose family income does not exceed P14,000 a
month. Those residing in other cities whose family income do not exceed P13000 a
month;and

2.Rendition of non-judicial services like

mediation,conciliation,counselling,administration of oaths and documentation services
to meet the legal aid needs of indigent persons.

3.Conduct of legal outreach activities such as:

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a. Custodial Interrogation and Inquest Investigation- Lawyers are assigned to
specific major police precincts to provide suspects access to counsel if they do not
have a lawyer of their own choice.

b.Jail Visitation- Every District Public Attorney should ensure that jails within their
jurisdiction are visited at least once a month,

c.Barangay Outreach Program - The main thrust of this program is to provide a more
accessible free legal representation to the poverty-stricken Filipinos residing in
barangays nationwide.

d. Media Linkage-information dissemination campaigns in coordination with the print

and broadcast media for legal counseling on the air to improve the legal literacy of the
citizenry.

e.Kalahi Program-The PAO sends public Attorneys and staff to provide legal
assistance in the depressed areas in Metro Manila and other places nationwide
together with other departments/agencies of the government.

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 REVIEW NOTES ON CORRECTIONAL ADMINISTRATION
PROF. ROMEO A. GERNALE, JR.

MODULE II. NON- INSTITUTIONAL CORRECTIONS

THE PURPOSE OF COMMUNITY BASED CORRECTIONS

 AN ALTERNATIVE TO INCARCERATION – Community based corrections are

sanctions imposed on offenders that allow them to remain in the community while
participating in one or more programs aimed at controlling future criminal behavior.
 COMMUNITY RE-ENTRY – Community programs such as parole assists prisoners
in community re-entry after prison.

CA – II Definition of Terms:

 AMICUS CURAE –MEANS A “FRIEND OF THE COURT”.

 PARDON – IS THE ACT OF RELEASING A PERSON FROM LEGAL PENALTIES FOR
A CRIME HE/ SHE HAS COMMITED.
 PAROLE – EARLY RELEASE OF CRIMINALS FROM PRISON AS A REWARD OF
GOOD BEHAVIOR.
 PAROLEE – IS A PRISONER WHO IS GRANTED PAROLE.
 PETITIONER – IS A CONVICTED AND SENTENCED OFFENDER WHO APPLIES
FOR A PROBATION.
 POST SENTENCE INVESTIGATION (PSI) – AN INQUIRY CONDUCTED BY A
PROBATION OFFICER ON A COURT REFERRAL TO GATHER INFORMATION ABOUT A
PETITIONER FOR PROBATION RELATIVE TO HIS CHARACTER, MENTAL AND
PHYSICAL; CONDITION, AND THE AVAILABLE REHABILATTIVE INSTITUTIONAL AND
COMMUNITY RESOURCES.
 PROBATION – IS A DISPOSITION UNDER WHICH A DENEDANT, AFTER
CONVICTION AND SENTENCE, IS RELEASED SUBJECT TO CONDITIONS IMPOSED
BY THE COURT AND TO THE SUPERVISION OF A PROBATION OFFICER.
 PROBATIONER – IS A PERSON WHO IS PLACE UNDER PROBATION.
 PROBATION AIDES – A CITIZEN OF GOOD STANDING IN THE COMMUNITRY
WHO VOLUNTEER TO ASSIST THE PPO IN THE SUPERVISION OF PROBATIONERS
AND PAROLEES IN THEIR RESPECTIVE COMMUNITIES.
 PROBATION OFFICE – REFERS EITER TO THE PROVINCIAL OR CITY
PROBATION OFFICER DIRECTED TO CONDUCT INVESTIGATION OR SUPERVISIONJ
REFERALS AS THE CASE MAY BE.
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 PROBATION OFFICER – IS A PUBLIC OFFICER WHO INVESTIGATES FOR THE
TRIAL COURT A REFERRAL FOR PROBATION OR SUERVISES A PROBATIONER OR
DOES BOTH.
 PROBATION ORDER – REFERS TO THE ORDER OF THE TRIAL COURT
GRANTING PROBATION.
 RECIDIVIST- IS ONE WHO, AT THE TIME OF HIS TRIAL FOR ONE CRIME,
SHALL HAVE BEEN PREVIOUSLY CONVICTED BY FINAL JUDGMENT OF ANOTHER
CRIME EMBRACED IN THE SAME TITLE OF THE REVISED PENAL CODE.
 TRIAL COURT – REFERS TO THE REGIONAL TRIAL COURT (RTC) OR THE
MUNICIPLA/CITY COURT WHICH HAS JURISDICTION OVER THE CASE.
 VOLUNTEERISM – IS A STRATEGY BY WHICH THE (PPA) MAY BE ABLE TO
GENERATE MAXIMUM CITIZEN PARTICIPATION OR COMMUNITY INVOLVEMENT IN
THE OVERALL PROCESS OF CLIENTS REHABILITATION.

ENGLAND

 Early 19th century magistrates initiated experiments to save young and

inexperienced offenders from the stigmata of prison.
 HENRY VIII - at his time, more than 200 crimes where punishable by death,
many of them relatively minor offenses against property.
 Amercement – a monetary penalty imposed arbitrarily at the discretion of the
court for an offense.
 MATHEW DAVENPORT HILL – is considered the “father of probation in England”.
He left an interesting account of his experiments in the Birmingham court.
 Beginning in the early year of 1841, he had acted with regard to juvenile offenders:
when there was ground for believing that the individual was not wholly corrupt – when
there was reasonable hope for reformation.

UNITED STATES

 BOSTON, MASACHUSETTS - “Commonwealth v Chase”, often cited as an example

of the early use of release on recognizance.
 JUDGE PETER OXENBRIDGE THRACHER – found the defendant Jerusa Chase
guilty on her plea, suspended the imposition of sentence, and ruled that the defendant
was permitted to be released upon her word that she would appear at a later date for
her next court appearance.
 JOHN AUGUSTUS– considered the “American Pioneer of probation”. a Boston
cordwainer or bootmaker by trade
 John Augustus – member of the Washington Total Abstinence Society, formed in
Boston early in 1841 took him to become a supervisor of a man charged with
drunkenness.
 Judge Killits case – Ex parte United States, 1916. He refused to vacate the
suspended sentence even when the victim did not wish to prosecute. This case went

25
all the way to the supreme court, and in 1916 the court held that federal courts had
no power to suspend indefinitely the imposition or execution of a sentence.
 As a result of the case, 2,000 people were pardoned by the President and became a
key to the suggestion of Probation law

THE FIRST PROBATION LAW

The enactment of the first local law and the later act making the service state wide
occurred before any other state, or indeed any other country, enacted a similar law.
Public opinion in Massachusetts was ready to accept the concept of probation with paid
officers. The work of John Augustus with offenders of all ages, and of those who
followed him had prepared the way.

 April 26,1878– the first probation law was passed by the legislature of
Massachusetts and signed by Governor Alexander H. Rice. It provided for the
appointment and prescribed the duties of a salaried probation officer for the courts of
Suffolk Country.

 ADULT PROBATION LAW WAS TWICE ATTEMPTED IN THE PHILIPPINES,FIRST IN

1935 (ACT NO. 4221) CREATING A PROBATION OFFICE UNDER THE DEPARTMENT
OF JUSTICE, LED BY A CHIEF PROBATION OFFICERAND THE RECENT IS THE
ADULT PROBATION LAW OF 1976 (P.D 968)

 ON NOVEMBER 16, 1937 - THE SUPREME COURT DECLARED THE FIRST

PROBATION LAW (ACT 4221) UNCONSTITUTIONAL.

THEREBY CREATING THE SECOND PROBATION LAW AFTER ALMOST A DECADE

(SPONSORED BY CONGRESSMAN TEODULO C. NATIVIDAD AND CONGRESSMAN
RAMON D. BAGATSING) WHO INTRODUCED THIS LAW AS HOUSE BILL NO. 393

 THAT ONE OF THE MAJOR GOALS OF THE GOVERNMENT IS TO ESTABLISH A

MORE ENLIGHTENED AND HUMANE CORRECTIONAL SYSTEM THAT WILL
PROMOTE THE REFORMATION OF OFFENDERS AND THEREBY REDUCE THE
INCIDENT OF RECIDIVISM.

 THAT THE CONFINEMENT OF ALL OFFENDERS IN PRISONS AND OTHER

INSTITUTIONS WITH REHABILITATION PROGRAMS CONSTITUTES AN ONEROUS
DRAIN ON THE FINANCIAL RESOURCES OF THE COUNTRY, AND

 THAT 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.

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 The Inter-Disciplinary Committee on Crime Prevention

 IDCCP – formulate a national crime prevention program as mandated under

Section 4(k) of Republic Act 4864, otherwise known as the Police Act of 1966.
 Under commissioner Natividad, IDCCP draft the adult probation decree
 The committee, composed of authorities and representatives from the five pillars of
the criminal justice system embarked on this particular project long overdue.

The lead persons

 Prosecution and Corrections Panel – Brig. Gen. Paciencio S. Magtibay, (ret)
 Police/Law Enforcement Panel – Brig. Gen. Cicero C. Campos
 Courts Panel – Judge Corazon JulianoAgrava
 Community Panel – Col Samuel Soriano (DND)
 Education – Dr. Aurora Alcid
 Welfare – Dr. Elena Perez Ompoc
 Religion – Msgr. Benjamin Almoneda
 Barangay – Director Eduardo Soliman
 Health –Dr. Trinidad Gomez
 Economics – Dr. Josefina Ramos, NEDA
 Technical Consultant – Mr. Alvin L. Koenig, retired American Probation Officer

The Benefits of Probation

Rules on Grant of Probation:

1. after having been convicted and sentenced the defendant, the trial court may
suspend the execution of the sentence and place the defendant on probation upon
application by the latter for 15 days from the date of promulgation of the decision
convicting the accused.

2. Probation may be granted regardless of the penalty imposed is a fine or

imprisonment.

3. No application for probation shall be entertained or granted if the defendant has

perfected an appeal from the judgment of conviction.

4. If an appeal was made but was made prior to its perfection, an application may still
be filed and such is deemed a withdrawal of the appeal.

5. Filing of probation waives the “right to appeal”.

6. application of probation shall be filed with the trial court.

“a court resolution granting or denying probation is not appealable”

7. accessory penalties are deemed suspended once probation is granted. (sec. 4 PD

968, as amended)

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8. Although an order denying probation is not appealable, the accused may file a
petition for certiorari from said order (Heirs of Francisco Abueg v. CA, 219 SCRA 78)

Petition of Certiorari –  A document which a losing party files with the Supreme
Court asking the Supreme Court to review the decision of a lower court.  It includes a
list of the parties, a statement of the facts of the case, the legal questions presented for
review, and arguments as to why the Court should grant the writ.

Time to file petition for probation:

Within the period of appeal, If the decision of conviction has become final and
executory, the accused is barred from filing a petition for probation. (Pablo Francisco
v. CA, G.R. No. 108747, Apr. 6, 1995)

Effects of filing of petition for probation:

a. Upon filing, the court shall suspend the execution of sentence.

b. Shall be deemed a waiver of the right to appeal, and in case an appeal is made
immediately after conviction, a filing of a petition for probation within the period to
appeal shall be deemed a withrawal of the appeal

When application for probation shall be denied:

a. Offender is in need of correctional treatment.

b. There is undue risk of committing another crime.

c. Probation will depreciate the seriousness of the offense committed.

Conditions of Probation

Mandatory Conditions:

1. Present himself to the probation officer designated to undertake his supervision at

such place may be specified in the order within 72 hours from receipt of said order;

2. Report to the probation officer at least once a month at such time and place as
specified by said officer.

Period of Probation

a. If the probationer has been sentenced to an imprisonment of not more than one
year, the probation shall not exceed two years.

b. In all other cases, not to exceed six years.

In case the penalty is fine, the probation shall not be less than the period of subsidiary
imprisonment nor more than twice of the subsidiary imprisonment

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Arrest of Probationer and Subsequent Dispositions

At any time during probation, the court may issue a warrant for the arrest of a
probationer for any serious violation of the conditions of probations

If violation is established, the court may:

a. Revoke his probation

b. Continue his probation but modify the conditions (not appealable)
If revoked, the probationer shall serve the sentence originally imposed

Termination of Probation

 The court may order the final discharge of the probationer upon finding that he has
fulfilled the terms and conditions of his probation.

Effects of Termination of Probation:

1. The case is deemed terminated.
2. Restoration of all civil rights lost or suspended.
3. Fully discharges liability for any fine imposed.

“We must bare in mind that Probation is a mere privilege and its grant rests solely upon
the discretion of the court.”

A probationer who desires to travel outside the jurisdiction of the city or provincial
probation officer for not more than 30 days, the permission of the parole and
probation officer (PPO) must be sought”

Powers of Chief Probation Officers

 The CPOs shall have the authority within their respective territorial
jurisdictions to administer oaths and acknowledgements and to take
depositions in connection with their duties and responsibilities under PD 968,
as amended and the PPA Omnibus Rules
 With respect to probationers under their care, the powers of a police officer. As
such they shall be considered as “persons in authority”.

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B. PARDON - IS THE ACT OF RELEASING A PERSON FROM LEGAL PENALTIES FOR
A CRIME HE COMMITED.
 OFFENDERS CAN BE PARDONED BEFORE OR AFTER THEY ARE CONVICTED.
 PARDONS ARE GRANTED BYT THE C/EXECUTIVE – PRESIDENT OF THE
PHILIPPINES

 2 KINDS OF PARDON
 ABSOLUTE PARDON
 CONDITIONAL PARDON

Art 36 of the RPC entitled “PARDON, ITS EFFECTS states that:

a. A pardon shall not restore the right to hold public office or the right of suffrage.
Exception: when any or both such rights is/are expressly restored by the terms
of the pardon
b. It shall not exempt the culprit from the payment of civil liability.

Limitations upon the exercise of the Pardoning Power

1. Power can be exercised ONLY after conviction “by final judgment”.

2. Does not extend to cases of impeachment.

General Rule: When the principal penalty is remitted by pardon, only the effect of that
principal penalty is extinguished, but not the accessory penalties attached to it.

Exception to the rule: when an absolute pardon is granted after the term of
imprisonment has expired, it removes what is left of the consequences of conviction.
(Pelobetto v. Palatino (72 Phil. 441))

Absolute Pardon – it is an act of grace proceeding from the power entrusted with the
execution of laws which attempts the individual on whom it is bestowed from the
punishment the law inflicts for the crime he has committed

Marriage of the Offended Woman under Article 344 – marriage contracted only to
avoid criminal liability is devoid of legal effects.

Pardon by the Wife – the subsequent forgiveness by the wife as the offended party
shall extinguish the criminal action or the penalty.

Death of the accused – death of the accused pending appeal extinguishes his
criminal and civil liabilities.

AMNESTY - A blanket of pardon to classes of persons or communities who may be

guilty of political offenses.

May be exercised even before trial or investigation is held.

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Abolishes and puts into oblivion the offense itself.
Public act of which the courts should take judicial notice.
Does not extinguished the civil liability of the offenders.

C. PAROLE - is the suspension of the sentence of a convict after serving the minimum
term of the intermediate penalty, without granting a pardon, prescribing the terms
upon which the sentence shall be suspended.

Release of the Prisoner on Parole

The BPP may authorize the release of a prisoner on parole, after he shall served the
MINIMUM penalty imposed on him, PROVIDED that:
The prisoner is fitted by his training for release;
There is reasonable probability that he will live and remain at liberty without violating
the law; and
Such release will not be incompatible with the welfare of the society.

THE BPP AND PPA

 The BPP (Boards of Pardon and Parole) recommends to the President the prisoners
who are qualified for parole, pardon or other forms of executive clemency.
 The PPA, (Parole and Probation Administration) on the other hand, exercises
general supervision over all parolees and probationers and promotes the correction
and rehabilitation of offenders outside the prison institutions.

Sanction for violation of conditions of the Parole - The board may issue an order
for his arrest and, thereafter, the prisoner shall serve the remaining unexpired portion
of the maximum sentence for which he was originally committed to prison

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