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CHAPTER 4

RULE XIV

RECEPTION PROCEDURES, CLASSIFICATION BOARD, DISCIPLINARY BOARD AND


PUNISHABLE ACTS OF INMATES

Section 1. RECEPTION PROCEDURES. - A well-planned and orderly reception of inmate has


direct bearing on good jail management. A decent and humane program should start with the
commitment of the inmate since it will give him his first impression of the correctional process
and will greatly affect his behavior while in the confinement and after his release.
The following procedures should be observed:
a. The Jail Desk Officer shall carefully check the credentials of the person(s)
bringing in the inmate to determine his/their identity and authority.
b. He shall examine carefully the arrest report and the authenticity of the
commitment order or mittimus in due form to determine whether the inmate has
been committed under legal authority as provided for by Section 3 Rule XIII, Rules
of Court.
c. The admitting officer or jailer shall search carefully the inmate for weapons and
other contraband.
d. The admitting officer or jailer shall take all cash and other personal property
from the inmate or detainee, list them down on a receipt form in duplicate, duly
signed by him and countersigned by the inmate. The original receipt should be
kept for the record and the duplicate copy should be given to the inmate.
e. All cash and other valuables of the inmate must be turned over to the Trust
Officer or Property Custodian for safekeeping covered by official receipts.
f. The inmate shall then be fingerprinted and his photograph taken.
g. The admitting officer or jailer shall accomplish a jail booking report in four
copies, attaching thereto the photograph of the inmate to be distributed as
follows:
1) BJMP Central Office
2) Regional Office
3) Provincial Administrator's Office
4) Jail File
h. The newly admitted inmate shall be thoroughly strip searched followed by a
careful examination of his clothing for contraband. He shall be checked for body
vermin, cuts, bruises and other injuries, and also for needle marks to determine
if he is a drug addict.
i. The Jail Physician of the Local Health Officer shall immediately conduct a
thorough medical examination of the inmate.
j. When it is not possible for the Jail Physician to be in attendance during
the admission of the inmate, the receiving officer shall
observe the mental alertness, overall appearance and any
physical abnormalities or appearance of rashes or
scratches or other identifying marks of the individual and note them
down in the inmate's jail booking report. The inmate
observed to be suffering from any contagious disease
shall be immediate isolated.
k. A medical record shall be accomplished by the Jail Physician or Local Health
Officer showing the condition of the inmate at the time of admission, and, to
include, if possible, his medical history.
l. A social case study shall be made by a social worker as basis for the inmate's
classification and proper segregation.
m. The sentenced prisoner shall be provided with jail clothing. His personal
clothing should re receipted, cleaned and stored safely until his release. The
detainee, for his own safety, may be allowed to wear civilian clothes.
n. As soon as possible, the inmate should be briefed or oriented on the jail rules
and regulations.
o. The Warden shall establish and maintain a prison record of all inmates
consisting of information concerning the inmate's name and alias, if any, weight,
height and body marks or tattoos, if any, nationality and, if a naturalized Filipino,
his previous nationality; his previous occupation/profession; prior criminal
convictions; and previous place of residence. In the case of a prisoner, the
record shall also indicate the crime for which was convicted; the sentencing
court, his sentence and the commencement date thereof, institutional behavior
and conduct, and the date he was received for confinement.

In case of a detainee, the record shall indicate in the investigation slip number of
his case, if pending with prosecutor's office; or the criminal case number in the trial
court where the case is pending; or status of the appeal; or the reason for his detention.

The prison record shall be signed by the Warden.


p. Upon completion of the reception procedures, the inmate shall be assigned to
his quarters.
q. If available, the inmate should be issued all the materials that he will be suing
during his confinement.
r. A jail may be used for the safekeeping of any fugitive from justice from any
province, and the Warden shall in such case be entitled to receive the same
compensation for the support and custody of such fugitive from justice as is
provided for other inmates, to be paid by the officer demanding the custody of
the prisoner, who shall be reimbursed for such outlay as part of the costs of the
prosecution.
s. Detainee is presumed innocent and shall be treated as such, if possible, he
shall be segregated from convicted prisoners.

Upon receipt of a detainee who is accused of an offense before a court, he shall


be apprised, preferably in the dialect which he understands, that under Article 29 of the
Revised Penal Code, as amended by Republic Act No. 6125, his preventive imprisonment
shall be credited in the service of his sentence consisting of deprivation of liberty the
whole period he is detained if he agrees voluntarily in writing to abide by the same
disciplinary rules imposed upon those convicted previously twice or more times of any
crime; when, upon being summoned for the execution of his sentence, he surrendered
voluntarily.

t. If the inmate agrees to abide by the same disciplinary rules upon convicted
prisoners, he shall be asked to manifest his "Agreement" in writing. Otherwise,
the Warden shall issue a "Certification" under oath to the effect that the
detainee was apprised of the provisions of Article 29 of the Revised Penal Code,
as amended, and that the detainee refused to abide by the rules imposed upon
convicted prisoners.
u. An inmate who signs an "Agreement" shall be treated as a sentenced prisoner
in so far as work and discipline are concerned. Any failure or neglect to perform
his assigned work shall be considered sufficient cause for the cancellation of the
"Agreement" he shall thereafter not be treated as a convicted prisoner and
cease to earn the privilege granted.
v. An inmate who is covered by a "Certification" shall not be required to work
but he may be made to polish his cell and perform other works as may be
necessary for hygienic or sanitary reasons. He shall be credited with the service
of his sentence with four-fifth(4/5) of the time during which he was detained.
w. The Warden shall submit the "Agreement" of "Certification", as the case may
be, shall form part of the records of the case.
x. Full credit for the preventive imprisonment shall commence from the date of
the "Agreement".
Section 2. CLASSIFICATION BOARD

a. COMPOSITION. Each jail shall maintain a Classification Board, if facilities and


personnel are available, to be composed of the following:

Chairman - Warden
Member - Chief, Security Officer
Member - Medical Officer/Public Health Officer
Member - Jail Chaplain
Member - Social Worker/Rehabilitation Officer

b. DUTIES and FUNCTIONS. The Classification Board shall be tasked with gathering and
collating 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 restrictions
under which an inmate must live in jail.
c. The case study shall consist of relevant information such as:
1) The facts and data of the present case, explaining how he was involved in the
case;
2) The inmate's earlier criminal history and if he is a recidivist or habitual
delinquent, the facts about his attitudes and behavior while confined in other
institutions;
3) His biography, parentage or life history;
4) Physical condition;
5) Vocational interest;
6) Educational and religious background and interest;
7) Recreational interest;
8) Psychological characteristics as evaluated by the psychiatrist and
psychologist;
9) Observed behavior while under diagnostic examination; and
10) Initial reaction to group counseling

The inmate is required to appear before the Classification Board for a rank
discussion concerning his assets and weaknesses. After which, he is informed of the program
planned for him. He is asked for his willingness and cooperation to undergo this program for
his own good.
Section 3. DISCIPLINARY BOARD - Disciplinary Board shall be organized and maintained by jails
for the purpose of hearing disciplinary cases involving any inmate who violates jail rules and
regulations.

A. COMPOSITION - the Disciplinary Board shall be composed of the following:

Chairman - Assistant Warden


Member - Chief Security Officer
Member - Public Health Officer
Member - Jail Chaplain
Member - Social Worker/or a Rehabilitation Officer

If the above composition is not feasible because of personal limitations, the


Warden shall perform the functions of the Board as a Summary Hearing Officer.

B. DUTIES and FUNCTIONS - The Board is tasked to investigate the facts of the alleged
misconduct referred to it by the Warden. It shall hold session as often as are
necessary in appropriate room for the purpose. All cases referred to it shall be heard
and decided within forty eight (48) hours from date of receipt of the case.

C. AUTHORIZED DISCIPLINARY PUNISHMENT IMPOSSABLE TO INMATES - The Board is


authorized to impose any of the following disciplinary punishments:

1) Reprimand;
2) Temporary or permanent cancellation of recreational privileges;
3) Cancellation of visiting privileges;
4) Extra-fatigue duty; and
5) Close confinement in a cell which shall not exceed seven (7) days in
any calendar month provided that this punishment
shall be imposed only in the case of an incorrigible prisoner, when other
disciplinary measures have been proven effective.

In addition to the above-mentioned punishments, the Board may recommend to the


Warden or full forfeiture of good conduct time allowance to be earned for that month and
subsequent months depending upon gravity of the offense.

D. LIMITATIONS
1) No female inmates shall be subjected to any disciplinary punishment which might
affect her unborn or nursing child.
2) No infirm or handicapped inmate shall be meted out punishment which might affect
his health or physical well-being.
3) Corporal punishment, confinement in dark ill-ventilated cells and any form of cruel,
unusual, inhuman or degrading punishment are absolutely prohibited.
4) Whenever the penalty of extra-fatigue duty or solitary confinement imposed may
affect the health of the inmate, he shall be made to undergo medical examination to
determine his physical fitness to serve his punishment.
5) the Jail Physical shall visit the prisoners undergoing punishment on grounds of
physical or mental health.

Instruments of restraints such as handcuffs, leg iron and strait jackets are not to be
applied as a form of punishment. They shall only be used as a precaution against escape and on
medical ground to prevent an inmate from injuring himself or others.
Breaches of discipline shall be handled without anger or emotion and decisions must be
executed firmly and justly.
As a general rule, every violation of discipline shall be dealt with accordingly. In extreme
cases where the violation of necessities immediate action, the Warden or the Officer of the Day
may administer the necessary restraints and report the action taken to the Disciplinary Board.

E. PROCEDURES IN THE HEARING OF DISCIPLINARY CASES. - The following procedures shall be


followed in the hearing of disciplinary cases:

1) The aggrieved inmate shall inform any member of the custodial force of the
violation; the latter in turn, officially report the matter to the Desk Officer. If one of
the jail employees knows the violation committed by the inmate, a brief description
of the circumstances surrounding or leading to the reported violation and all facts
relative to the case shall be made;
2) The Desk Officer shall inform the Warden, and shall immediately cause the
investigation. He shall submit to the Warden his report together with his
recommendations;
3) The Warden shall evaluate the report and if he believes that there is no sufficient
evidence to support the alleged violation, he shall dismiss the case, if he believes
there exists sufficient evidence, he shall decide the cases and impose the necessary
penalty in case of minor violations. If the case is grave or less grave, he shall
endorse it to the Board for hearing or decide it himself as a Summary Disciplinary
Officer if there is no Disciplinary Board;
4) The inmate shall be confronted of the reported violation and asked how he
pleads to the charge. If he admits the violation or pleads guilty, the Board shall
impose the corresponding punishment;
5) If the inmate denies the charge, the hearing shall commence with the
presentation of evidence and other witnesses by the Desk Officer. The inmate shall
then be given the opportunity to defend himself by his testimony and those of his
witnesses, if any, and to present other evidence to prove his innocence;
6) After the hearing, the Board shall decide the case on the merits;
7) Whether the inmate is found guilty or not, he should be advised to obey the rules
and regulation strictly and reminded that good behavior is indispensable for his early
release and/or the granting of privileges; and
8) Decisions of the Board/Summary Disciplinary Officer are subject to review and
approval by the Warden and/or higher authority. The inmates may request a review
of the findings of the Board/Summary Disciplinary Officer and the propriety of the
penalty to the Central Office, BJMP, whose decision be final.

Section 4. PUNISHABLE ACTS. - An inmate is strictly prohibited from committing any of the
following acts:

A. MINOR OFFENSES
1) Selling or bartering with fellow inmate of items not classified as
contraband
2) Rendering personal service to fellow inmate.
3) Untidy or dirty in his personal appearance.
4) Littering or failing to maintain cleanliness and orderliness in his quarters
and/or surroundings.
5) Making frivolous or groundless complaints.
6) Taking the cudgels for or reporting complaints on behalf of other inmates.
7) Late in inmate formation without justifiable reasons.
8) Willful waste of food.

B. LESS GRAVE OFFENSES


1) Failure to report for work detail without sufficient justification.
2) Failure to render assistance to an injured personnel or inmate.
3) Failure to assist in putting out fires inside the jail.
4) Acting boisterously during religious, social and other group functions
5) Swearing, cursing or using profane or defamatory language, directed
personally towards other persons.
6) Malingering or feigning illness to escape work assignment.
7) Spreading rumors or maliciously intriguing against the honor of any person
including members of the custodial force.
8) Falling to stand at attention and give due respect when confronted by or
reporting to any officer or member of the custodial force.
9) Forcing fellow inmates to render personal service to himself and/or others.
10) Exchanging uniform or wearing clothes other than those issued to him for
the purpose of circumventing jail rules.
11) Loitering or being in an unauthorized place.
12) Using the telephone without authority from the Desk Office/Warden.
13) Writing, defacing, or drawing on walls, floors or any furniture or equipment.
14) Withholding information which is inimical and prejudicial to the jail
administration.
15) Possession of led or pornographic literature and/or photographs.
16) Absence from cell, brigade place of work during head count, or any time
without justifiable reason.
17) Falling to turnover any implements/articles issued after the work detail.
18) Committing any act prejudicial to or which is not necessary to good order
and discipline.

C. GRAVE OFFENSES
1) Making untruthful statement or lies in official communication, transaction or
investigation.
2) Keeping or concealing keys or locks of places in the jail where it is off-limits to
inmates.
3) Giving gifts, selling to, or bartering with jail personnel.
4) Keeping his possession money, jewelry, or other contraband which the rules
prohibit.
5) Tattooing other or allowing himself to be tattooed on any part of the body, or
keeping any paraphernalia to be used in tattooing.
6) Forcibly taking or extracting money from fellow inmates.
7) Punishing or inflicting injury or harm upon himself or other inmates.
8) Receiving, keeping, taking or imbibing liquor and other prohibited drugs.
9) Making, improvising or keeping any kind of deadly weapon.
10)Concealing or withholding information on plans of attempted escapes.
11)Unruly conduct and behavior and flagrant disregard of discipline and
instructions.
12)Escaping, attempting or planning to escape from the institution or from any
guard.
13)Helping, aiding or abetting others to escape.
14)Fighting, causing any disturbance or participating therein and/or agitating to
cause such disturbance or riot.
15) Indecent, immoral or lascivious acts by himself or others and/or allowing to
be the subject of such indecent, immoral or lascivious acts.
16) Willful disobedience to a lawful order issued by an officer or member of the
custodial force.
17) Assaulting any officer or member of the custodial force.
18) Damaging any government property or equipment issued to the inmates.
19) Participating in any kangaroo court, an unauthorized or irregular court
conducted with disregard for or perversion of legal procedures as a mock court
by inmates in a jail/prison.
20) Affiliating oneself to any gang or faction whose main purpose is to ferment
regionalism or to segregate themselves from others.
21) Failing to inform the authorities concerned when afflicted with any
communicable disease, like VD, etc.
22) Engaged in gambling or any game of chance.
23) Committing any act which is in violation of any law or ordinance, in which
case, he shall separately be prosecuted criminally in accordance with law.

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