COLLEGE OF CRIMINAL JUSTICE EDUCATION

Lamut, Ifugao

INSTRUCTIONAL MATERIAL

IN

THERAPEUTIC MODALITIES

BY:

HYRIZEL P. BAHNI

FOR IFUGAO STATE UNIVERSITY USE ONLY

Course Background

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 Correctional treatment is divided into two: 1) institutional corrections and 2)
noninstitutional corrections. Institutional Corrections covers the topic on punishment through
detention jails or imprisonment of a certain individual who is liable to an offense committed.
On the otherhand, non-institutional corrections focuses on the rehabilitation of offender
without separating them from the society. Moreover, it also includes probation in which the
offender is under the supervision of the sentencing court. Gahar, (2013)
Under the Institutional Corrections is the Bureau of Jail Management and Penology that
has a program for inmate development. The purpose of the said bureau is to prepare them
for their eventual reintegration into the society. One of its programs is the Therapeutic
Community modality Program or commonly known as the TCMP. TCMP is a self-social
learning treatment which utilizes the community as the primary therapeutic vehicle to foster
behavioral and attitudinal changes. In this modality the person learns and practices skills and
responsibilities through structured activities that they can transfer to the society upon release
(BJMP TCMP Manual 2015).Futhermore, the Non-Institutional Corrections has the Parole
and Probation office that offers the same purpose but named as Therapeutic Community
Ladderized Program or (TCLP).
TCMP and TCLP have almost the same goal but varies as to their implementation and
some other distinctions since TCMP and TCLP belong to different agencies. Nevertheless,
the course Therapeutic Modalities shall elucidate each program per agency.

Furthermore, this course also includes the topic on Standard treatment and rehabilitation
of prisoners/inmate and the PDLs Admission Process and Procedures in the different
confinement facilities and the treatment Programs of the convicted persons placed under the
community-based program and the developmental Aspects of Therapeutic Modalities with
Human rights.

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COURSE DESCRIPTION:
This course covers the different therapeutic modalities, treatment models, treatment
programs, and policy or program intervention for both in Institutional and non-
institutional corrections. The forging of partnerships, involvement and engagement of
Government Agencies, Religious Sector, Private Foundations, Institutions and Non-
Governmental Organizations focused on the Detainee’s/Inmate’s/Person Deprived
Liberty’s total welfare and well-being.

Grading System

Midterm Grade = 2 x Class Standing + 1 X Midterm Exam

3

Tentative FG = 2 x Class Standing + X

Final Exam

Final Grade = x TFG + x MG

Percentage Numerical PE NE
Equivalent Equivalent
(PE) (NE)
98-100 1.00 83-85 2.25
95-97 1.25 80-82 2.50
92-94 1.50 77-79 2.75
89-91 1.75 75-76 3.00
74below 5.00
86-88 2.00 (Failed)

Note: Students may expect the following remarks:

Passed – student surpassed the failing grade after final computation

Incomplete (INC) – student has passing class standing throughout the
Semester but fails to appear for the final examination or fails to complete
other requirements.
Officially Dropped (OD) – student processed dropping form to DRAS
Dropped – student never participated in class activities and did not
process/submit dropping form to DRAS
Failed – student was not able to reach the passing grade despite remedials /
flexibilities facilitated by the teacher.
Rationale
The chapter covers some important details of the course institutional correction
and non-institutional correction. The institutional correction and non-institutional
are two elements of correction where the therapeutic modalities belong, hence it is
a must to start with a short background of each element in order to understand the

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 interrelation of each courses that belongs to a single division, which is the
correctional administration.

Learning outcomes:

At the end of this chapter the students are expected to:

1. discuss the difference between institutional correction and non-institutional

corrections. identify the advantages and disadvantages of Institutional Correction and
NonInstitutional Corrections.
2. illustrate the different admission procedures and treatment programs of the different
confinement facilities.
3. utilize knowledge on how to handle convicted persons under community-based
programs.

CHAPTER 1

Lesson 1: Review on the relevant topic on non- institutional correction and intuitional
correction

1. Institutional correction- focus on treating the offender through punishment by

incarcerating the offenders

1. Forms of punishment Ancient

forms of Punishment
-Death Penalty/Corporal Punishment
-Physical torture
-Social torture
-Social Degradation
-Banishment/exile
-Branding
2. Brief details of BJMP
-The BJMP exercise supervision and control over all cities and municipal
jails throughout the country. The enactment of Republic Act No. 6975
created BJMP. It operates as a line Bureau of the DILG.
-Republic Act No. 9262 is an act for the professionalization of the Bureau of
Fire Protection and the Bureau of Jail Management and Penology (BJMP),
amending certain provision of the Republic act No. 6975 providing funds
therefore and for other purposes.
-This act shall be known as the bureau of fire Protection and Bureau of jail
Management and Penology professionalization act of 2004.

A. POWERS:

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 - The bureau of jail shall exercise supervision and control over all districts,
city and municipal jails to ensure a secured, clean, sanitized 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 national penitentiary, and any
violent, mentally ill person who endangers himself or the safety of others.

B. FUNCTIONS:
1. Formulate policies and guidelines on the administration of all districs.
City and municipal jails nationwide.
2. Formulate and implement policies for the programs of Corrections,
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 jails services throughout the country.

3. The Bureau of Corrections

- The Bureau of Prison 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 president of the Philippines with the confirmation of the commission of
Appointment.
- The Bureau of corrections has general supervision and control of all national
and provincial prisons or penitentiaries. It is charged with safekeeping of all
insular prisons confined therein or committed to the custody of the Bureau.
- Coverage of BUCOR
-National Bilibid Prisons
-Reception and diagnostic center
-Correctional Instituion for women
-Penal colonies

Institutional Corrections
Advantages Disadvantages
1.Deterent 1. It will create stigma to the offender
2. Separating criminals from society 2. Cost of tax
3.Prisoners has the to become 3. Effects on family
effective

1. Non-institutional correction- it is a method of correcting sentenced offenders without

having to go to jail or prison.

Non-institutional corrections include the following:

➢ Executive clemency
➢ Parole
➢ Probation
➢ Amnesty
➢ Pardon

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 ➢ Indeterminate sentence
Non-Institutional correction
Advantages Disadvantages
1.Cost Effectiveness 1. The offender can commit another
crime
2.Maintain symbiotic relationship 2. The offenders think he/she is
between government and the community completely free

3.The convict will not be expose on the 3. Offenders can evade his rehabilitation
hardened criminal

Treatment versus punishment

Treatment Punishment
1. Non-institutional corrections 1.Institutional corrections
2. a care provided to improve a situation 2.Something, such as loss, pain, or
confinement, imposed for wrongdoing

Lesson 2: STANDARDS TREATMENT AND REHABILITATION OF

PRISONERS/INMATE/PDL’S:

1. CLASSIFICATION OR CATEGORIZATION OF PDLs

SEPARATION CATEGORIES
➢ The different categories of prisoners shall be kept in separate institutions or parts of
institutions, taking account of their sex, age, criminal record, the legal reason for their
detention and the necessities of their treatment; thus:

(a) Men and women shall so far as possible be detained in separate institutions; in an
institution which receives both men and women, the whole of the premises allocated to
women shall be entirely separate;
(b) Untried prisoners shall be kept separate from convicted prisoners;
(c) Persons imprisoned for debt and other civil prisoners shall be kept separate from persons
imprisoned by reason of a criminal offence; (d) Young prisoners shall be kept separate
from adults.

2. PDLS CONDUCT, DISCIPLINARY RULES, AND GRIEVANCE MECHANISM,

RESTRICTIONS, DISCIPLINE AND SANCTIONS

➢ Discipline and order shall be maintained with no more restriction than is necessary to
ensure safe custody, the secure operation of the prison and a well-ordered community
life.
➢ The following shall always be subject to authorization by law or by the regulation of the
competent administrative authority:

(a) Conduct constituting a disciplinary offence;

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 (b) The types and duration of sanctions that may be imposed;
(c) The authority competent to impose such sanctions;
(d) Any form of involuntary separation from the general prison population, such as solitary
confinement, isolation, segregation, special care units or restricted housing, whether as a
disciplinary sanction or for the maintenance of order and security, including promulgating
policies and procedures governing the use and review of, admission to and release from
any form of involuntary separation.

➢ Prison administrations are encouraged to use, to the extent possible, conflict

prevention, mediation or any other alternative dispute resolution mechanism to prevent
disciplinary offences or to resolve conflicts.
➢ For prisoners who are, or have been, seord, the prison administration shall take the
necessary measures to alleviate the potential detrimental effects of their confinement on
them and on their community following their release from prison.
➢ No prisoner shall be sanctioned except in accordance with the terms of the law or
regulation referred to in rule 37 and the principles of fairness and due process. A
prisoner shall never be sanctioned twice for the same act or offence.
➢ Prison administrations shall ensure proportionality between a disciplinary sanction and
the offence for which it is established, and shall keep a proper record of all disciplinary
sanctions imposed.
➢ Before imposing disciplinary sanctions, prison administrations shall consider whether
and how a prisoner’s mental illness or developmental disability may have contributed to
his or her conduct and the commission of the offence or act underlying the disciplinary
charge. Prison administrations shall not sanction any conduct of a prisoner that is
considered to be the direct result of his or her mental illness or intellectual disability.
➢ No prisoner shall be employed, in the service of the prison, in any disciplinary capacity.

1. This rule shall not, however, impede the proper functioning of systems based on
self-government, under which specified social, educational or sports activities or
responsibilities are entrusted, under supervision, to prisoners who are formed into
groups for the purposes of treatment.
➢ Any allegation of a disciplinary offence by a prisoner shall be reported promptly to the
competent authority, which shall investigate it without undue delay.

1. Prisoners shall be informed, without delay and in a language that they

understand, of the nature of the accusations against them and shall be given adequate
time and facilities for the preparation of their defense.
2. Prisoners shall be allowed to defend themselves in person, or through legal
assistance when the interests of justice so require, particularly in cases involving serious
disciplinary charges. If the prisoners do not understand or speak the language used at a
disciplinary hearing, they shall be assisted by a competent interpreter free of charge.
3. Prisoners shall have an opportunity to seek judicial review of disciplinary
sanctions imposed against them.
4. In the event that a breach of discipline is prosecuted as a crime, prisoners shall
be entitled to all due process guarantees applicable to criminal proceedings, including
unimpeded access to a legal adviser.

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 ➢ General living conditions addressed in these rules, including those related to light,
ventilation, temperature, sanitation, nutrition, drinking water, access to open air and
physical exercise, personal hygiene, health care and adequate personal space, shall
apply to all prisoners without exception.
➢ In no circumstances may restrictions or disciplinary sanctions amount to torture or other
cruel, inhuman or degrading treatment or punishment. The following practices, in
particular, shall be prohibited:

(a) Indefinite solitary confinement;

(b) Prolonged solitary confinement;
(c) Placement of a prisoner in a dark or constantly lit cell;
(d) Corporal punishment or the reduction of a prisoner’s diet or drinking water; (e)
Collective punishment.
2. Instruments of restraint shall never be applied as a sanction for disciplinary
offences.
3. Disciplinary sanctions or restrictive measures shall not include the prohibition of
family contact. The means of family contact may only be restricted for a limited time
period and as strictly required for the maintenance of security and order.

➢ For the purpose of these rules, solitary confinement shall refer to the confinement of
prisoners for 22 hours or more a day without meaningful human contact. Prolonged
solitary confinement shall refer to solitary confinement for a time period in excess of 15
consecutive days.

1. Solitary confinement shall be used only in exceptional cases as a last resort, for
as short a time as possible and subject to independent review, and only pursuant to the
authorization by a competent authority. It shall not be imposed by virtue of a prisoner’s
sentence.
2. The imposition of solitary confinement should be prohibited in the case of
prisoners with mental or physical disabilities when their conditions would be exacerbated
by such measures. The prohibition of the use of solitary confinement and similar
measures in cases involving women and children, as referred to in other United Nations
standards and norms in crime prevention and criminal justice,1 continues to apply.

➢ Health-care personnel shall not have any role in the imposition of disciplinary sanctions
or other restrictive measures. They shall, however, pay particular attention to the health
of prisoners held under any form of involuntary separation, including by visiting such
prisoners on a daily basis and providing prompt medical assistance and treatment at the
request of such prisoners or prison staff.

1. Health-care personnel shall report to the prison director, without delay, any
adverse effect of disciplinary sanctions or other restrictive measures on the physical or
mental health of a prisoner subjected to such sanctions or measures and shall advise the
director if they consider it necessary to terminate or alter them for physical or mental
health reasons.

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 2. Health-care personnel shall have the authority to review and recommend
changes to the involuntary separation of a prisoner in order to ensure that such
separation does not exacerbate the medical condition or mental or physical disability of
the prisoner.

3. PRIOR HEALTH-CARE SERVICE

➢ The provision of health care for prisoners is a State responsibility. Prisoners should
enjoy the same standards of health care that are available in the community, and should
have access to necessary health-care services free of charge without discrimination on
the grounds of their legal status.
➢ Health-care services should be organized in close relationship to the general public
health administration and in a way that ensures continuity of treatment and care,
including for HIV, tuberculosis and other infectious diseases, as well as for drug
dependence.
➢ Every prison shall have in place a health-care service tasked with evaluating, promoting,
protecting and improving the physical and mental health of prisoners, paying particular
attention to prisoners with special health-care needs or with health issues that hamper
their rehabilitation.
➢ The health-care service shall consist of an interdisciplinary team with sufficient qualified
personnel acting in full clinical independence and shall encompass sufficient expertise in
psychology and psychiatry. The services of a qualified dentist shall be available to every
prisoner.
➢ The health-care service shall prepare and maintain accurate, up-todate and confidential
individual medical files on all prisoners, and all prisoners should be granted access to
their files upon request. A prisoner may appoint a third party to access his or her medical
file.
➢ Medical files shall be transferred to the health-care service of the receiving institution
upon transfer of a prisoner and shall be subject to medical confidentiality.

Compilation on Therapeutic Modalities

➢ All prisons shall ensure prompt access to medical attention in urgent cases. Prisoners
who require specialized treatment or surgery shall be transferred to specialized
institutions or to civil hospitals. Where a prison service has its own hospital facilities, they
shall be adequately staffed and equipped to provide prisoners referred to them with
appropriate treatment and care.

1. Clinical decisions may only be taken by the responsible health-care professionals

and may not be overruled or ignored by non-medical prison staff.

➢ In women’s prisons, there shall be special accommodation for all necessary prenatal and
postnatal care and treatment. Arrangements shall be made wherever practicable for
children to be born in a hospital outside the prison. If a child is born in prison, this fact
shall not be mentioned in the birth certificate.
1. A decision to allow a child to stay with his or her parent in prison shall be based on
the best interests of the child concerned. Where children are allowed to remain in
prison with a parent, provision shall be made for:

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 (a) Internal or external childcare facilities staffed by qualified persons, where the children
shall be placed when they are not in the care of their parent;
(b) Child-specific health-care services, including health screenings upon admission and
ongoing monitoring of their development by specialists.
2. Children in prison with a parent shall never be treated as prisoners.
➢ A physician or other qualified health-care professionals, whether or not they are required
to report to the physician, shall see, talk with and examine every prisoner as soon as
possible following his or her admission and thereafter as necessary. Particular attention
shall be paid to:

(a) Identifying health-care needs and taking all necessary measures for treatment;
(b) Identifying any ill-treatment that arriving prisoners may have been subjected to prior to
admission;
(c) Identifying any signs of psychological or other stress brought on by the fact of
imprisonment, including, but not limited to, the risk of suicide or self-harm and withdrawal
symptoms resulting from the use of drugs, medication or alcohol; and undertaking all
appropriate individualized measures or treatment;
(d) In cases where prisoners are suspected of having contagious diseases, providing for the
clinical isolation and adequate treatment of those prisoners during the infectious period;
(e) Determining the fitness of prisoners to work, to exercise and to participate in other
activities, as appropriate.

➢ The physician or, where applicable, other qualified health-care professionals shall have
daily access to all sick prisoners, all prisoners who complain of physical or mental health
issues or injury and any prisoner to whom their attention is specially directed. All medical
examinations shall be undertaken in full confidentiality.
1. The relationship between the physician or other health-care professionals and the
prisoners shall be governed by the same ethical and professional standards as those
applicable to patients in the community, in particular:
(a) The duty of protecting prisoners’ physical and mental health and the prevention and
treatment of disease on the basis of clinical grounds only;
(b) Adherence to prisoners’ autonomy with regard to their own health and informed consent in
the doctor-patient relationship;
(c) The confidentiality of medical information, unless maintaining such confidentiality would
result in a real and imminent threat to the patient or to others;
(d) An absolute prohibition on engaging, actively or passively, in acts that may constitute
torture or other cruel, inhuman or degrading treatment or punishment, including medical or
scientific experimentation that may be detrimental to a prisoner’s health, such as the
removal of a prisoner’s cells, body tissues or organs.
3. Without prejudice to paragraph 1 (d) of this rule, prisoners may be allowed, upon their
free and informed consent and in accordance with applicable law, to participate in clinical
trials and other health research accessible in the community if these are expected to
produce a direct and significant benefit to their health, and to donate cells, body tissues
or organs to a relative.

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 ➢ The physician shall report to the prison director whenever he or she considers that a
prisoner’s physical or mental health has been or will be injuriously affected by continued
imprisonment or by any condition of imprisonment.
➢ If, in the course of examining a prisoner upon admission or providing medical care to the
prisoner thereafter, health-care professionals become aware of any signs of torture or
other cruel, inhuman or degrading treatment or punishment, they shall document and
report such cases to the competent medical, administrative or judicial authority. Proper
procedural safeguards shall be followed in order not to expose the prisoner or associated
persons to foreseeable risk of harm.

1. The physician or competent public health body shall regularly inspect and advise the prison
director on:
(a) The quantity, quality, preparation and service of food;
(b) The hygiene and cleanliness of the institution and the prisoners;
(c) The sanitation, temperature, lighting and ventilation of the prison;
(d) The suitability and cleanliness of the prisoners’ clothing and bedding;
(e) The observance of the rules concerning physical education and sports, in cases where
there are no technical personnel in charge of these activities.

Lesson 2: PDLs Admission Process and Procedures in the different confinement

facilities.
PDLs Admission Process and Procedures in the different confinement facilities.

Admission BJMP BUCOR

RDC DRDC

Required documents in the Commitment Order; Mittimus/Commitment Order

admission of inmates/PDLs of the Court,

Information and Court

Medical Certificate- recent medical Decision in the case
certificate taken within 24 hours prior to
admission;
Information and Court
Decision in the case

Complaint/Information
Certification of Detention,

Police Booking Sheet

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 Certification of No Pending
Case,
Certificate of Detention from PNP and/or
NBI.
Process of admission Records Unit-This unit examines
the completeness and authenticity
of the requirements for Commitment
(Commitment Order, booking Certification of Non-Appeal
Sheet, Arrest Report and Information)
before it refers the inmate for physical
examination by the Health Unit.
Provincial Form 35 / Inmate
data sheet
Health Unit-Checks the authenticity of the
entries in the medical certificate;
A female offender shall be
received only at the
Records Unit-to check the authenticity of Correctional Institution for
documents. Women.
Records Unit -Receives the inmate and the • All prisons and penal
documents from the committing officer and farms are also
conducts the following: authorized to receive
• Start the booking procedures: directly from courts
• Accomplish the jail booking sheet; convicted prisoners in
• Strip-search the inmate to check for consonance with the
any birth marks, Supreme Court
tattoos, etc; Circular No. 63-97
dated October 6,
• Encode the inmate's information to 1997.
the NIMS; • Inmates shall be
classified according
to security risk and
• Fingerprint and photograph the sentence. Included in
inmate with mug shot background; the classification are
and determining an
• List the names of the visitors inmate’s certain: -1.)
authorized by the inmate. Interests, skills or
talents
- 2) Physical, mental,
spiritual, psychological
evaluation
-3) Social (sociodemographic),
other behavioral-trait
assessments.

• Facilitate the signing of the

Detainee’s Manifestation if he/she agrees to
abide by the same disciplinary rules
imposed upon convicted inmates.
Otherwise, the warden issues a
certification under oath manifesting that the
inmate was apprised of the provision of Art
29 of the RPC as amended and refused to
abide by the same.

Store all documents in the Inmate’s

Carpeta.

Learning outcomes:

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At the end of this chapter the students are expected to:
1. exemplify programs initiated by the government geared on ensuring the PDLs
welfare.
2. analyze the advantages and disadvantages of the different treatment models.
3. examine the Implementation of The Therapeutic Modalities.

CHAPTER 2

Treatment Program and Rehabilitation of the different confinement facilities as

provided by operational manual, Policy, International standards and approved
Rehabilitation and treatment program and activities.

TREATMENT OF INMATES WITH SPECIAL NEEDS

Under the BJMP Manual

The United Nations Standard Minimum Rules for the Treatment of Prisoners
provides that “so far as possible, separate institutions or separate sections of an institution
shall be used for the treatment of the different classes of prisoners”. The BJMP has adhered
to this principle since its creation. However, the rise in criminality in recent years, coupled
with the passage of more stringent laws (especially for drug-related offenses) and the
adoption of better crime solution methods resulted in a marked increase in inmate
population in BJMP detention centers. The lack of funds to expand existing jails or to build
new ones aggravates the situation. This rule, therefore, provides guidance to wardens and
jail officers treating unusual inmates or those with special needs, given the limited
resources.

BASIC POLICY - As a general rule, inmates with special needs should not be held in
jails with other “regular” inmates. For example, female inmates should be confined in
institutions separate from those used for males, and male youth offenders should not be
mixed with adult offenders. However, given the reality relative to budget constraints,
increasing inmate population, insufficient facilities and inadequately equipped detention
homes, wardens and jail officers shall endeavor to provide the best arrangement they can
make for such inmates, in keeping with this rule. It is assumed that the inmates have been
properly evaluated and classified for this purpose.

HANDLING INMATES WITH SPECIAL NEEDS - The following guidelines shall be observed in
handling inmates with special needs:

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1. FEMALE
a. The female dorm should be completely separated from the male dorm;
b. A female personnel shall be designated to keep the keys of the female dorms;
c. Only work suitable to their age and physical condition should be assigned to female
inmates;
d. No male inmate shall be allowed to enter the female dorm;
e. Male personnel must provide female inmate with utmost privacy and respect for
personal space;
f. No male jail personnel should be allowed to enter the female dorm except in
emergency cases or when necessary;
g. Searches shall be performed by female personnel trained in the conduct of appropriate
searching methods, shall be made in accordance with established rules, and shall be
provided with privacy during the procedure;
h. Medical/physical examination shall be performed by female health personnel. In the
absence of a female health staff, the examination shall be performed by a male health
personnel in the presence of a female staff; and
I. female inmates shall be provided with the opportunity to avail themselves of all
programs and activities male inmates are provided with.

2. DRUG USERS/DEPENDENTS/ALCOHOLICS
a. Inmates found to be drug users/dependents/alcoholics should be segregated from
other inmates, especially during the withdrawal period;
b. Inmates undergoing drug/alcohol withdrawal must be referred to the jail psychiatrist,
physician or nurse for evaluation and management;
c. Appropriate measures should be taken to enable inmates to follow strictly the jail
physician’s advice regarding diet and other medical interventions/treatments during the
withdrawal period;
d. Maintain close supervision over inmates to prevent attempts to commit suicide or
selfmutilation by designating a jail personnel trained to manage such cases; and
e. Conducts a regular search of the inmate’s dorm and maintain constant alertness to
prevent the smuggling of narcotics, liquors and other dangerous drugs.
3. MENTALLY-ILL
a. Inmates manifesting signs and symptoms of mental illness must be referred to
the jail psychiatrist for evaluation and treatment;
b. Disturbed inmates (mentally-ill inmates) should be transferred to mental
institutions for proper psychiatric treatment upon the issuance of a court order;
c. Close supervision and medical management of mentally-ill inmates should be
maintained by a jail medical personnel;
d. Place the mentally-ill inmates in separate dorms or in a special restraint room
provided for violent cases; and e. Maintain close supervision over inmates to guard
against suicidal attempts or violent attacks on others.
4. LESBIAN, GAY, BISEXUAL, TRANSGENDER (LGBT)
a. Segregate LGBTs to prevent their maltreatment and abuse by other inmates and to

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 prevent them from maltreating and ab

5. SEX OFFENDERS
a. Inmates charged with sexually-related crimes should be segregated to prevent them
from taking advantage of other inmates; and
b. Maintain close supervision and control. using other inmates.
6. SUICIDAL INMATES
a. Inmates manifesting signs and symptoms of depression/suicidal tendency must be
referred to the jail psychiatrist for evaluation and management;
b. Inmate who attempts to commit or has attempted to commit suicide must be
transferred to a government psychiatric hospital immediately upon issuance of court
order;
c. Maintain close supervision over suicidal inmates at all times and designate personnel
trained to handle such cases; and
d. Subject them to frequent strip/frisk searches, and greyhound operation for
tools/materials that can be used for suicide.

7. SEX DEVIATES
a. Homosexuals should be segregated immediately to prevent them from
influencing other inmates or being maltreated or abused by other inmates; and
b. Likewise, other sex deviates should be separated from other inmates for closer
supervision and control.
8. ESCAPE-PRONE INMATES
a. Escape-prone inmates should be held in the most secure quarters, preferably in
singleinmate cells, to minimize their contact with one another;
b. Their conduct/behavior should be closely watched/observed during and after visiting
hours and their activities, closely monitored;
c. They should be frequently strip searched and their quarters frequently inspected;
d. Special attention should be given to the examination of items recovered from strip
searches; and
e. Telephone calls must be restricted and only calls that can be monitored through an
extension line shall be allowed.
9. INMATES WITH DISABILITY
a. Inmates with disability should be segregated and closely supervised to protect them
from maltreatment and any form of abuse by other inmates, personnel and visitors;
b. Individual case management and special activities should be developed and
conducted to address distinct of the inmates;
c. Collaboration with other government agencies should be done to ensure that disabled
inmates are provided with the services and benefits contemplated under the Magna
Carta for disabled persons; and
d. Tasks related to self-care of inmates with disability shall be supervised and assisted to
avoid potential self-harm or accidents.

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10. Children in Conflict with the Law (CICL)
Pursuant to the RA 9344, CICL shall not be confined in jails. Hence, serious efforts shall
be exerted by Wardens to immediately transfer the custody of any CICL to a Youth
Detention Home or Youth Rehabilitation Center.
a. Upon admission, CICL shall be subjected to a thorough physical examination. The
results
of such examination shall form part of the records of the case of the CICL; b.
Provide a separate detention cell for CICL;
c. Continuously coordinate with the Public Attorney’s Office (PAO) for the provision of
paralegal assistance to expedite CICL cases;
d. Continuous coordination and follow-up of CICL cases should be made facilitate the
provision of appropriate intervention programs by the DSWD;
e. The “Law on Proportionality" in the implementation of rehabilitation programs should be
observed making said rehabilitation programs distinct and different from those given to
adult inmates;
f. Unless absolutely necessary, a child in conflict with law should not be handcuffed nor
other instruments of restraint applied on him/her, when he or she attends hearings or
when he or she is brought to the hospital or is transferred to other institutions;
g. The use of vulgar or profane words should be avoided in dealing CICL;
h. CICL should not be required to wear prison uniforms; and
i. Upon release from confinement, the records of the CICL shall be sealed, and at an
appropriate time, expunged.
SENIOR CITIZEN INMATES
a. Senior citizen inmates should be segregated and close supervised to protect them from
maltreatment and other forms of abuse by other inmates;
b. Individual case management strategies should be developed and adopted to respond to
the special needs of elderly inmates;
c. Collaboration with other government agencies and community-based senior citizen
organizations should be done to ensure that the services due the senior citizen inmates
are provided; and
d. Senior citizen inmates should be made to do tasks deemed fit and appropriate, their
age,
capability, and physical condition considered.
INFIRM INMATES
a. Inmates with contagious diseases must be segregated to prevent the spread of said
contagious diseases;
b. Infirm inmates should be referred to the jail physician or nurse for evaluation and
management; and
c. Infirm inmates must be closely monitored and provide with appropriate medication and
utmost care.
13. PREGNANT INMATES/FEMALE INMATES WITH INFANTS
a. Pregnant inmates must be referred to jail physician or nurse for pre-natal examination;

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 b. They should be given tasks that are deemed fit and proper, their physical limitations,
considered;
c. During active labor, pregnant inmates should be transferred nearest government
hospital;
d. Treatment of mother and her infant/s shall be in accordance with the BJMP Policy
(Refer to DIWD Manual); and
e. Female inmates with infants shall be provided with ample privacy during breastfeeding
activity.
INMATES OF OTHER NATIONALITIES
a. The Warden shall report in writing to the Bureau of Immigration and the respective
embassies of the detained foreigners the following:
1) Name of Jail;
2) Name of Foreigner;
3) Nationality and the number of his/her Alien Certificate of Registration, if any;
4) Age/Sex;
5) Offense Charged;
6) Case Number;
7) Court/Branch;
8) Status of Case; and 9) Additional data information.
TREATMENT OF DETAINEES
Under the PNP Manual

Under PNP MEMORANDUM CIRCULAR NUMBER 2018-027

➢ PUPCs manifesting signs and signs and symptoms of mental illness must be
referred to a PNP Health Service (PNP-HS) psychiatrist for evaluation and
treatment.
➢ PUPCs with disability (PWD) and senior citizen shall be closely monitored to
protect them against maltreatment and any form of abuse by other PUPCs,
personnel and visitors.
➢ Pregnant PUPCs must be referred to a PNP-HS physician or nurse for pre-natal
examination and regular checkups. In case of active labor pregnant inmates shall
be transferred to the nearest government hospital.
➢ Regular general Health check -up shall be conducted by the PNP-HS to ensure
that the basic health needs of all PUPSCs are being provided by the PNP while
they are in custody.
➢ PUPCs who are recommended by a PNP -HS physician for Hospital confinement
shall be confined in a PNP hospital or the nearest government hospital.
➢ Legal counsels on records, medical doctors, priests or religious ministers chosen
by the person-under-custody, or any hour of the day, or in urgent cases, of the
night.

Lesson 2: Treatment Programs of convicted persons placed under community-based

program.

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 ➢ The Therapeutic modality program of the BJMP has 4 interconnected
development aspects namely: Behavioral management, Emotional or
psychological: Intellectual and vocational or survival skills. Each
development aspect addresses special areas of concern in each
personality.
➢ TCMP was adopted by the Bureau of Jail Management and Penology to
address and to attain its mandates which is the “Development of inmates”
however, there are issues and concerns that needs to be address to
ensure the effectiveness of the program that was adopted.

PHASES OF TREATMENT

Phase I- Entry/Orientation Phase

Once an inmate is committed to jail, he undergoes a series of examination to determine
his physical, social and psychological status. Upon his commitment, a resident is placed
on orientation at the Reception and Diagnostic room/ Orientation Room. In here, he is
acquainted with the TC program:
- The rules and norms of the community
- TC concepts, written and unwritten philosophy
- The staff and the members of the community
- The tools of the house
- Job functions and TC hierarchy

He is then assigned a static group and a big brother who will provide him with support
and will walk him through the orientation phase. At this phase, the resident is handled
gently and is expected to commit mistakes in the process of learning the program.
Sanctions on negative behavior are usually light with emphasis on teaching.

Phase II- Primary Treatment

After proper orientation on the different TC concepts and tools, the norms and rules of
the community and the staff members, the resident is now ready to undergo the
treatment proper. He becomes a part of the community starting as a crew member of
the Housekeeping department until he gradually ascends in the hierarchy. He must be
knowledgeable on the following:
• Proper use of the different tools to address personal issues and concerns and
shape behavior
• Managing own feelings and learning how to express self appropriately
• Learning how to follow the rules and norms of the community

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 • Maximize participation in activities that are appropriate to the resident’s need for
growth
• Learning how to trust the environment by disclosing self to the community and
develop insight in the process
• Developing positive coping skills to deal with difficult life situations
• Enhancing educational and vocational skills to make him productive
• Improve social skills and recognize the importance of other people’s help in
shaping behavior

Phase III- Pre Re-entry

➢ Under regular circumstances, the resident is expected at this stage to have
internalized the TC values and concept to start life afresh. However, in the jail
setting where entry and release are not within the jail control, residents may not
have reached this phase of treatment before they even leave the jail facility.
➢ Regardless of the resident’s length of stay, he is expected to undergo this phase
prior to release into society. At this phase, the resident is expected to have
proven his ability to take on more responsibility hence needs lesser supervision.
He is considered a role model in the TC community. He should focus on the
following learning:
• Rebuilding of social and family ties
• Going up the ladder of hierarchy by showing leadership
• Realization of his full potential to be a productive member of society
• Mapping out of plans
Phase IV- Re-entry
➢ In the ideal setting, a resident at this stage is now ready to be released back to
society as he has demonstrated adequate self-control and discipline. The inmate
is now preparing for his life outside of jail and is focused on making himself a
productive citizen. He may start planning for job hunting and rebuilding family ties
and relationships.
➢ In the jail setting, the residents will stay inside the jail until their cases are
resolved or they have been convicted and need to be remanded to the
Bureau of Corrections.

The resident must focus on the following:

• Transition to life outside of jail.
• Creating a new lifestyle applying the tools and concept of TC.
• Learning positive coping skills to deal with day to day situations.
• Re-establishing and strengthening family ties and support group.
• Reintegration into the mainstream of society.
• Developing realistic and attainable goals in life.

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Phase IV- Aftercare
➢ Aftercare is an outpatient program that requires clients to report twice a week to
an outreach center. They are required to attend group sessions to ensure their
adjustment to life outside jail to reduce recidivism. For clients released from jail,
they are referred to the Parole and Probation Administration and Local
Government Units for follow up and aftercare. The clients are focused on the
following:
• Maintaining positive behavior and prevent recidivism
• Strengthening coping mechanism
• Maintaining relationships and support mechanism
• Sustaining interest in job or vocation to maintain livelihood
• Integration into society

Lesson 3: Developmental Aspects of Therapeutic Modalities

BEHAVIOR MANAGEMENT
➢ The Behavior Management is a component of Therapeutic Community Modality
Program (TCMP) that introduces the concept and mechanics of the various
shaping tools to include Morning Meeting in order to facilitate the management of
and shape the behavior of the residents. This shows the essential elements and
significance of the tools which would provide the community common language,
increase cohesiveness and adapt to the moral and behavioral code of the tools
application. The behavior shaping tools are ordered in hierarchy to provide
enough room for personal growth and learning. The community serves as a
dynamic force that motivates the individual to achieve positive behavior change.

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 Expulsion
General
Meeting
Learning
Experience/Bans

Haircut

Dealt With

Pull-Up

Talk To

Figure 1. Hierarchy of Behavior Shaping Tools

HIERARCHY OF BEHAVIOR SHAPING TOOLS
➢ Behavior Shaping Tools (BST) is employed to strengthen the learning process
and the practice of more adaptive behaviors within the social learning
environment. The major tools of the BST, such as the Talk To, Pull–up, Dealt
With, Haircut, Learning Experience, General Meeting and Expulsion were
developed as a means to correct behaviors of the residents that violated the TC
norms. The Hierarchy of Behavior Shaping Tools will serve as a guide to
determine which of the tools are appropriate to be used based on the severity of
the infraction or violations committed by the residents against the TC Rules

Indicators:
1.) Residents will understand the different Behavior Shaping Tools and practice
them as part of their daily living.
2.) Residents will utilize the different behavior shaping tools in promoting change
within themselves and others.
3.) Residents will display improvement in demeanor, communication and social
skills.
4.) Residents will understand the relevance of the different tools in the attainment of
behavioral change.
1. TOOLS
2. Pre-Morning Meeting
3. Morning Meeting
4. Talk To
5. Pull Up
6. Dealt With

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 7. Haircut
8. Learning Experience/ Bans
9. General Meeting
10. Expulsion

PSYCHOLOGICAL and EMOTIONAL ASPECT

➢ BJMP residents who are detained are basically psychologically and emotionally
challenged. They share one thing in common, that is being incarcerated with
uncertainties as to the outcome of their individual cases. They feel isolated,
helpless and at times hopeless brought about by separation from their loved ones
and society in general and all other issues that confront them while incarcerated.
Such emotional turmoil needs to be addressed to help them bounce back and
experience a life of normalcy despite their unique situation.
➢ The TCMP provides activities and services that cater to this particular need. This
topic tackles the discussion on the therapeutic value of processing of feelings
which does not only lie on how freely one expresses them but more so on the
person’s ability to identify, acknowledge, and express them appropriately.
➢ BJMP residents who are detained are basically psychologically and emotionally
challenged. They share one thing in common, that is being incarcerated with
uncertainties as to the outcome of their individual cases. They feel isolated,
helpless and at times hopeless brought about by separation from their loved ones
and society in general and all other issues that confront them while incarcerated.
Such emotional turmoil needs to be addressed to help them bounce back and
experience a life of normalcy despite their unique situation. The TCMP provides
activities and services that cater to this particular need. This topic tackles the
discussion on the therapeutic value of processing of feelings which does not only
lie on how freely one expresses them but more so on the person’s ability to
identify, acknowledge, and express them appropriately.

INITIAL INTERVIEW/ INTAKE INTERVIEW

INDIVIDUAL COUNSELING/ ONE TO ONE COUNSELING
GROUPS
Static Group
Peer Confrontation Group
Secrets
Encounter Group
Extended Group
➢ SPECIALIZED GROUPS

Women’s Group
Men’s Group
Anger Management

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 Loss and Bereavement
Medication Support Group

INTELLECTUAL AND SPIRITUAL COMPONENTS

Spirituality in TC
➢ Spirituality is any action or activity that reflects or brings out the goodness in a
man. Spirituality in TCMP is designed to respond to the inner longing of residents
to find greater faith where they can anchor themselves within their struggle to find
meaning to their existence. It summarizes a man’s relationship with himself,
others and the Supreme Being. The spiritual component provides the residents
with activities that would help them explore the meaning and purpose of their
existence and their particular place in the world.

Intellectual Component
➢ The intellectual component on the other hand responds to the natural human
characteristics of yearning for knowledge in order to attain a higher level of
understanding.
➢ A well-structured and well-implemented Intellectual Component is a factor in
establishing a Therapeutic Community for the residents. It helps the residents
restore their self-esteem as their minds become open to ideas and their intellect
does not cease to feed on a free and open interchange of opinions.
➢ Providing worthwhile opportunities for learning/ education will facilitate regaining
their human quality and self-respect thereby making self-realization - that being
law-abiding and productive, both during their stay in the facility and their eventual
release in the society’s mainstream is the real essence and measure of
development.
SPIRITUAL COMPONENT
• TC Philosophy
• TC Unwritten Philosophies
• Theme/Concept of the Day
• Meditation
• Religious Activities
Objectives:

1. To enhance personal and spiritual well-being of residents

2. To appreciate the value of the Word of God in relation
to our life and as nourishment to the soul
3. To give opportunity for the residents to experience special
encounter and healing from God
4. To remind the residents for the need for constant connection
with God in their lives

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Indicators:
1. Active participation of residents in spiritual activities
2. Positive perception on TC implementation
3. Deeper awareness of God’s presence in the residents’ life
4. TC Philosophy /TC Unwritten Philosophies (slogans, sayings, adages) visibly
posted in the facility
5. Regular conduct of various spiritual activities
• INTELLECTUAL COMPONENT
• Seminars
• Educational Activities (ALS)
• Debates
• Data Sessions/lectures
• Saturday Night Activities
• Games (Grab Bag, Islands, Charade, Pinoy Henyo)
• Mind games
Indicators:
1. Residents exhibit increased awareness and positive behaviour
2. Elimination of racial, cultural and gender biases as seen in dealings
3. Changed perception among residents on enhancement of knowledge/ education
4. Pride in quality, a culture among residents
5. Increased number of residents enrolled in ALS and A & E passers

Procedure:
1. Select a topic related to expertise of the speaker/lecturer beneficial to the
residents.
2. Schedule the activity.
3. Preparation Phase
4. Seminar Proper
Learning outcomes:

At the end of this chapter the students are expected to:

1. explain the meaning of human rights

2. discuss the laws on human rights and the different forms of human rights
violation.
3. recall the different forms of human rights violation and the laws related thereat.

CHAPTER 3
RIGHTS AND PRIVELEDGES OF INMATES

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 MEANING OF RIGHTRS AND PRIVELEDGES
2.Constitutional Rights - rights, which are
➢ Right is the power which a conferred and protected by the
person has to demand from constitution
another. 3. Statutory Rights - rights, which are
➢ a prestation or the power to do provided by laws, promulgated by the
or not to do, or to demand law-making body and, consequently, may
something. Every well-grounded be abolished by the same body
claim on others is called a right
and, since the social character
of a man gives the element of
mutuality to each claim, every
right conveys along with it the
idea
of obligation. (Albano and Albano
37 and 128)
➢ Privilege means a right or
immunity granted as a peculiar
benefit, advantage or favor; a
right not enjoyed by all (Moreno
740).
➢ It is a special right or power
conferred on or possessed by
one or more individuals, in
derogation of the general rights.

Classes of Rights

The rights that a citizen of a democratic

state enjoys may be classified into:

1. Natural Rights- rights possessed by

every citizen without being granted by
the State for they are given to man by
God as a human being created to His
image so that he may live a happy life,

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HUMAN RIGHTS
➢ There is no constitutional or
statutory definition of human
rights. Human rights are the
basic rights, which inhere in man
by virtue of his humanity. Human
rights are the basic rights and
freedoms that all persons are
entitled to regardless of sex,
ethnic origin, race, religion,
nationality, language, or other
status.
➢ Human rights can be classified
and organized in a number of
different ways; at an international
level the most common
categorization of human rights
has been to split them into civil
and political rights and economic,
social, and cultural rights.
Universal Declaration of Human
Rights
The Universal Declaration of Human
Rights (UDHR) is the primary
international articulation of the
fundamental and inalienable rights of all
members of the human family. Adopted
by the United Nations General Assembly
on December 10, 1948 at Palais de
Chaillot, Paris, the UDHR represents the
first comprehensive agreement among
nations as to the specific rights and
freedoms of all human beings. The
Declaration arose directly from the
experience of the Second World War
and represents the first global
expression of rights to which all human
beings are inherently entitled. consists
of 30 articles which have been
elaborated in subsequent international
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treaties, regional human rights
instruments, national constitutions, and
laws.
The International Bill of Human
Rights consists of the Universal
Declaration of Human Rights, the
International Covenant on Economic,
Social and Cultural Rights, and the
International Covenant on Civil and
Political Rights and its two Optional
Protocols. In 1966, the General
Assembly adopted the two detailed
Covenants, which complete the
International Bill of Human Rights; and
in 1976, after the Covenants had been
ratified by a sufficient number of
member nations, the Bill took on the
force of international law.
The UDHR asserts, "all human
beings are free and equal in dignity and
rights" and are "entitled to equality
before the law and protection of the
law." Equal access to legal remedy
should be ensured, regardless of
ethnicity, religion, gender, or
socioeconomic class.
Universal Human Rights of a
Person
The following are the 30 human
rights that all persons have. These
rights must be respected at all times
anywhere in the world (thus
universal):
1. All human beings are born free and
equal in dignity and rights.
2. Everyone is entitled to rights and
freedoms without
distinction of any kind, such as
race, color, sex, language
religion, political affiliation or
 opinion, national or social
origin, property, birth, or any
other status.
3. Everyone has the right to life,
liberty, and security of person.
4. No one shall be held in slavery or
servitude; slavery and the slave
trades shall be prohibited in all
their forms.
5. No one shall be subjected to
torture or to cruel, inhuman, or
degrading treatment or
punishment.
6. Everyone has the right to
recognition everywhere as a
person before the law.
7. All are equal before the law and
are entitled without any
discrimination to equal protection
of the law.
8. Everyone has the right to an
effective remedy by the competent
national court for acts violating the
fundamental rights granted him by
the constitution or by law.
9. No one shall be subjected to
arbitrary arrest, detention, or exile.
10. Everyone is entitled in full equality
to a fair and public hearing by an
independent and impartial court, in
the determination of his rights and
obligations and of any criminal
charge against him.
11. Everyone charged with a penal
offense has the right to be
presumed innocent until proved
guilty.
12. No one shall be subjected to
arbitrary interference with his
privacy, family, home or
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correspondence, or to attacks
upon one's honor and reputation.
13. Everyone has the right to freedom
of movement and residence within
the borders of each State.
14. Everyone has the right to seek and
enjoy in other countries asylum
from persecution.
15. Everyone has the right to a
nationality.
16. Men and women of full age,
without any limitation due to race,
nationality, or religion, have the
right to marry and to have a family.
17. Everyone has the right to own
property alone as well as in
association with others. No one
shall be arbitrarily deprived of his
property
18. Everyone has the right to freedom
of thought, conscience and
religion.
19. Everyone has the right to freedom
of opinion and expression.
20. Everyone has the right to freedom
of peaceful assembly and
association. No one may be
compelled to belong to an
association.
21. Everyone has the right to take part
in the government of his country,
directly or through freely chosen
representatives. The will of the
people shall be the basis of the
authority of government.
22. Everyone, as a member of society,
has the right to social security and
is entitled to realization, through
national effort and international
cooperation and in accordance
with the organization and
 resources of each State, of the
economic, social, and cultural
rights indispensable for his dignity
and the free development of his
personality.
23. Everyone has the right to work, to
free choice of development, to just
and favorable conditions of work,
and to protection against
unemployment.
24. Everyone has the right to rest and
leisure, including reasonable
limitation of working hours and
periodic holidays with pay.
25. Everyone has the right to a
standard of living adequate for the
health and well-being of himself
and of his family, including food,
clothing, housing, and medical
care and necessary social
services, and
the right to security in the event of
unemployment, sickness, disability,
widowhood, old age or other lack of
livelihood in circumstance beyond his
control.
26. Everyone has the right to
education. Education shall be free,
at least in the elementary and
fundamental stages Elementary
education shall be compulsory.
27. Everyone has the right freely to
participate in the cultural life of the
community, to enjoy the arts, and
to share in scientific advancement
and its benefits.
28. Everyone is entitled to a social and
international order.
29. Everyone has duties to the
community in which alone the free
and full development of his
personality is possible. In the
exercise of his rights a be subject
only to such limitations as are
determined by the freedoms,
everyone shall law solely for the
purpose of securing due
recognition and respect for the
rights and freedoms of others and
of meeting the just requirements of
morality, public order, and the
general welfare in a democratic
society.
30. No State, group, or person must
engage in any activity or perform
any act aimed at the destruction of
any of the universally recognized
rights and freedoms.
HUMAN RIGHTS IN THE PHILIPPINES
Bill of Rights
➢ A Bill of rights may be defined as a
declaration and enumeration of a
person's rights and privileges,
which the Constitution is
designated to protect against
violations by the government, or
by an individual or, groups of
individuals. It is a charter of
liberties for the individual and a
limitation upon the power of the
State (De Leon 70).
CLASSIFICATIONS OF
CONSTITUTIONAL RIGHTS

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The classifications of constitutional
rights under the 1987 Philippine
Constitution are as follows:
1. Political Rights - rights of the
citizens which give them the
power to participate, directly or
indirectly, in the establishment or
administration of the government.
2. Civil Rights which the law will
enforce at the instance of private
individuals for the purpose of
securing to them the enjoyment of
their means of happiness.
3. Social, Economic, and Cultural
Rights - those rights which are
intended to insure the well-being
and economic security of the
individual.
4. Rights of the Accused - those
rights intended for the protection
of a person accused of any crime.
(De Leon 71)
CONSTITUTIONAL RIGHTS OF THE
ACCUSED IN CRIMINAL CASES
The constitutional rights of the accused
in criminal cases are as follows: 1. The
right to adequate legal assistance
2.The right, when under investigation for
the commission of an offense, to be
informed of his right to remain silent
and to have a counsel (Miranda rights);
3. The right against the use of
torture, force, violence, threat,
intimidation, or any other means which
vitiates the free
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will;
4. The right against being held in
secret, incommunicado, or similar forms
of
solitary detention;
5. The right to bail and against
excessive bail.
6.The right to due process of law.
7. The right to presumption of
innocence;
8. The right to be heard by himself and
counsel.
9. The right to be informed of the
nature and causes of accusation
against him;
10. The right to have a speedy,
impartial, and public trial.
11. The right to meet the witness face to
face;
12. The right to have compulsory
process to secure the attendance of
witnesses and the production of
evidence in his behalf.
13. The right against self-incrimination;
14. The right against detention by
reason of political beliefs and
aspirations; 15. The right against
excessive fines;
16. The right against cruel, degrading, or
inhuman punishment; and
17. The right against double jeopardy.
MIRANDA RIGHTS OF PERSON
UNDER CRIMINAL INVESTIGATION
These are the rights of person
under criminal investigation: 1. The
right to remain silent; 2. The right to
have a competent and independent
counsel, preferably at his own
choice; 3. The right to be informed
of these rights; and
4. The right to be provided with
the services of counsel if he
cannot afford the services of one.
RIGHTS OF THE ACCUSED AT THE
TRIAL
In all criminal prosecutions, under
Section 1, Rule 115, of Revised Rules in
Criminal Procedure, the accused shall
be entitled of the following rights:
1. To be presumed innocent until the
contrary is proved beyond reasonable
doubt.
2 To be informed of the nature and
cause of the accusation against him.
3. To be present and defend in
person and by counsel at every stage of
the proceedings, from arraignment to
promulgation of the judgment. The
accused may, however waive his
presence at the trial pursuant to the
stipulations set forth in his bail, unless
his presence is specifically ordered by
the court for purposes of identification.
The absence of the accused without
justifiable cause at the trial of which he
had notice shall be considered a waiver
of his right to be present thereat. When
an accused under Custody escapes, he
shall be deemed to have waived his
right to be present on all subsequent
trial dates until Custody over him is
regained. Upon motion, the accused
may be allowed to defend himself in
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person when sufficiently appears to the
court that he can properly protect his
right without the assistance of counsel.
4. To testify as a witness in his own
behalf but subject to cross-examination
on matters covered by direct
examination. His silence shall not in any
manner prejudice him.
5. To be exempt from being
compelled to be a witness against
himself.
6. To confront and cross-examine
the witnesses against him at the trial.
Either party may utilize as part of its
evidence the testimony of a witness who
is, out of or cannot with due diligence be
found in the Philippines, unavailable or
otherwise unable to testify, given in
another case or proceeding, judicial or
administrative, involving the same
parties and subject matter, the adverse
party having the opportunity to
crossexamine him.
7. To have compulsory process
issued to secure the attendance of
witnesses and production of other
evidence in his behalf
8.To have speedy, impartial and public
trial.
9. To appeal in all cases allowed and, in
the manner, prescribed by law
COMMISSION ON HUMAN RIGHTS
➢ Commission on Human Rights
(CHR) provides appropriate legal
measures for the protection of
human rights of all persons within
the Philippines, as well as
 Filipinos residing abroad, and
provides for preventive measures
and legal aid services to the
underprivileged whose human
rights have been violated or need
protection. The CHR exercises
visitorial powers over jails,
prisons, or detention facilities.
➢ Human Rights Violations under
the Jurisdiction of the CHR
Sections 17-18, Art. XIIL, 1987
Constitution. CHR Resolution No.
A96-005 revokes CHR Resolution
No.8-045 and Circular 001 series
of 1988, and consequently lays
human rights (HR) violation cases
the CHR should henceforth
investigate for purposes of
prosecutions, such as but not
limited to:
1. Rights of prisoners or detainees
against physical psychological, and
degrading punishment resulting in
the commission of crimes against
persons as provided in Title Eight of
Act No. 3815 [Revised Penal Code,
as amended, and the related special
laws.
2. Constitutional guarantees provided
against the use of torture, force,
violence, threat, intimidation, and
other means that vitiate the free will
of any person or force him to do
anything or sign any document
against his will;
3. Right to fair and public trial as
recognized under the Constitution,
applicable laws and statutes and
Jurisprudence;
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4. Right to life without due process of
law where its commission is
tantamount to summary execution
and/or extrajudicial execution
(salvaging)
5. Liberty of abode and of changing the
same within limits prescribed by law,
except upon lawful order of the court,
where the acts committed constitute
hamletting, force eviction/illegal
demolition, or development
aggression;
6. Right of the people to be secure in
their persons, houses, papers, and
effects against unreasonable
searches and seizures as defined in
Articles 124-130 of Title lI and in
Articles 269, 280, 282, 287 of Title
Nine of Act No. 3815, as amended,
and the related special laws, where
said acts are committed in the
course or by reason thereof or when
involuntary or enforced
disappearance as detained under
applicable laws or international treaty
obligations on HR resulted or was
the reason for the violations;
7. Right of persons arrested, detained,
or under custodial investigation as
well as the duties of the arresting,
detaining, and investigating officers
defined under Republic Act No.
7438.
8. Right of the people to peaceably
assemble and petition the
government for redress of
grievances which are defined in
Articles 131 under Title Two of Act
No. 3815, as amended, and the
related special laws;
9. Right of the people to be free from
involuntary servitude in relation to
Section 18(2) of Articles 272, 273,
274, of Title Nine, Article 341 and the
related special laws; and
10. Free exercise and enjoyment of
religious profession and worship,
without discriminating of religion in
relation to offenses defined in
Articles 132 and 133 of Title Two of
Act No. 3815, as amended and other
related special laws, including
offenses against the religious, such
as the desecration of places of
worship and or acts notoriously
offensive to the feelings of the
faithful.
RIGHTS AND PRIVILEGES OF
INMATES
Under the BJMP, Section 1 Rule V,
Chapter 1, Book IL, of the BJMP Manual
(Revised 2007) provides the following
rights of inmates:
1. The right to be treated as a
human, and not to be subjected
to corporal punishment;
2. The right to be informed of the
regulations governing the
detention center;
3. The right to adequate food, space
and ventilation, rest and
recreation;
4. The right to avail of medical,
dental, and other health services.
5. The right to be visited by his/her
counsel anytime;
6. The right to practice his/her
religious beliefs and moral
precepts
Compiled by: HPB
2nd semester 2020-2021
7. The right to vote unless
disqualified by law;
8. The right to separate detention
facilities or cells particularly for
women inmates; and If a
foreigner, the right to
communicate with his/her
embassy or consulate.
Section 2: Gives this list of privileges of
inmates:
1. To wear their own clothes while in
confinement;
2. To write letters, subject to
reasonable censorship, provided
that expenses for such
correspondence shall be borne by
them;
3. To receive visitors during visiting
hours. However, visiting
privileges may be denied in
accordance with the rules and
whenever public safety so
requires;
4. To receive books, letters,
magazines, newspapers, and
other periodicals that the jail
authorities may allow.
5. To be treated by their own doctor
and dentist at the Own expense
upon proper request from and
approval by appropriate
authorities;
6. To be treated in a government or
private hospital provided it is
deemed necessary and allowed
by the rules.
7. To request free legal aid, if
available;
 8. To sport hair in their customary Bureau of Jail Management and Penology TCMP
Manual
style, provided it is decent and
10. To read books and other reading
allowed by the jail rules;
materials available in the library, if
9. To receive fruits and prepared
any
food, subject to inspection and
11. To maintain cleanliness in their
approval by jail officials;
cells and brigades or jail
Premises and perform other work as
may be necessary for hygienic and
References: sanitary purposes
De Leon, G. (2000) The Therapeutic Community Theory, Model and Method
Gahar, L.D. (2013) Hand book on Institutional Corrections
Gahar,L.D.(2012) Hand book on Non-Institutional Corrections
Perfas, F.B. (2016) Therapeutic community manual
Perfast, F.B. (2014) Therapeutic Community: past present. And moving forward. New York: Hexagram publishing
Perfas, F. B. (2012) Deconstructing the therapeutic community: social learning and social psychiatry. New Heaven,
CT:
Yale University
Philippine National Police Operational Manual
Republic Act 10575- “The Bureau of Corrections Act of 2013” Standards
Minimum Rules for Treatment of Prisoners:
https://www.ohchr.org/EN/ProfessionalInterest/Pages/TreatmentOfPrisoners.asp
x
The Bureau of Correction Manual
Therapeutic community ladderized program implementers guide vol. 1:
https://probation.gov.ph/wpcontent/uploads/2017/04/TC_Primer.pdf
Weiss, I. Dr. & Wozner, Y. (2002) Ten Models for Probation Supervision Compared Across Eight Dimensions

Compiled by: HPB

2nd semester 2020-2021