Professional Documents
Culture Documents
Rule Xiv Reception Procedures, Classification Board, Disciplinary Board and Punishable Acts of Inmates
Rule Xiv Reception Procedures, Classification Board, Disciplinary Board and Punishable Acts of Inmates
RULE XIV
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.
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
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.
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.
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.
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.
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.
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.