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CORRECTIONAL ADMINISTRATION few of its provisions are deciphered. What was observed in
the code of the Hittites is a great Importance of morality.
It only shows that even during the ancient time, values are
(INSTITUTIONAL CORRECTION) greatly different from one group to other.
CORRECTION - A branch of the Criminal Justice System concerned Highlights of the laws of the Hittites:
with the custody, supervision and rehabilitation of criminal offenders. o capital punishment was used for many offenses, except for
 Correction came from the root word “CORRECT” which homicide or robbery
mean “to right a wrong. o rape, sexual intercourse with animals, defiance of the
authority and sorcery were all punishable by death
CORRECTIONAL ADMINISTRATION - the study and practice of
o the law of homicide provided for the restitution to the
a system management of jails or prisons and other institution victim’s heirs
concerned with the custody, treatment and rehabilitation of criminal o law enforcement and judicial functions were placed in the
offenders. hands of commanders of military garrisons

The Religious Codes


 The book of Deuteronomy, the fifth book in the Bible,
PENOLOGY – is the study of punishment of crime or of criminal contains the basis of the Jewish laws; one of the most
offenders. It includes the study of control and prevention of crime prevailing theories is that of the Ten (10) Commandments
through punishment of criminal offenders. found in Chapter XII and XXVII. This is a form of
 The term derived from the Latin word “poena” which covenant between God and the people of Israel, given to
means pain or suffering. Mosses on the mountain top (Mt. Sinai).
 Penology is otherwise known as Penal Science.  The counter part of this in the Islamic countries is the book
 (Classical Doctrine Influence) of Koran, which has so much in parallel to the Christian
and Jewish culture. Although it will be observe that the
PENAL MANAGEMENT– refers to the manner or practice of Koran is more specific on three kinds of offenses:
managing or controlling places of confinement as jails or prisons. Homicide, theft and adultery. The Koran is of divine
origin and it is said to have been given by Allah to Prophet
Functions of Corrections (MPRD) Mohammed.
 Maintenance of Institution
 Protection of law-abiding members of society The Greek
 Reformation and Rehabilitation of offenders  The Code of Drakon “ULTIMATE SEVERITY” and the
 Deterrence of Crimes Solon are the two of the most famous codes of Greek at
about seventeenth century B.C. The Drakon comes first and
It is also include different theoretical approach: later repealed by the Solon code except for some offenses
1. Classical theory still the principle of Talion was carried in these codes.
2. Neo-Classical theory
3. Positivism theory Highlights of the Code of Drakon:
4. Nature theory o death was the punishment for almost every offense
5. Nurture theory o murderers might avoid execution by going into exile; if
6. Masculinity Hypothesis they return to Athens, it was not a crime to kill the
7. Psychoanalytic Theory o death penalty was administered with great brutality
8. Social Disorganization Theory
9. Differential Association Theory LAWS OF SOLON
10. Demonological Theory  Solon was appointed archon and was given legislative
11. Social Bond Theory powers
12. Neutralization Theory “Drift Theory”  Solon repealed all the laws of the Code of Drakon, except
13. Subculture Theory the law on homicide
14. Imitation Theory  Solon was one of the first to see that a lawgiver had to
15. Cultural Transmission make laws that applied equally to all citizens and also saw
16. Stain Theory that the law of punishment had to maintain proportionality
17. Doing Gender to the crimes committed
18. Aging out phenomenon
19. Differential Opportunity theory Highlights of the Laws of Solon:
20. Containment Theory o the thief was required to return stolen property and pay the
victim a sum equal to twice its value
HISTORICAL DEVELOPMENT OF CORRECTIONAL o for the crime of temple robbery, the penalty was death
SYSTEM o for rape of a woman, the penalty was a fine of certain
amount
Code of Hammurabi
 The Law of the Talion (LexTaliones) of the principle of Rome and the Criminal law (the twelve tables)
“tit for tat” (“eye for an eye” or tooth for a tooth”) is one of  Other codes, the Roman law has the longest influenced
the principle that can be viewed from most of the over many criminal laws, it begins with the Twelve Tables
provisions of the code of Hammurabi especially on sections of Wood, prepared in 451-450 B.C.
involving punishments are either death or mutilation.  Presentation of the earliest Roman Codified laws, until it is
 Hammurabi, the king of Babylon during the eighteenth largely incorporated into the Justinian Code finished in 529
century BC, is recognized as the first codifier of laws and was revised in the next four (4) decades. Most of the
 It provides the first comprehensive view of the laws in the English common law and Western World legal codes were
early days said to have been derived from it.
 The Code was carved in stone  Roman law began with the Twelve Tables which were
 Under the principle of the law of talion, the punishment written in the middle of the sixth century BC
should be the same as the harm inflicted on the victim  the Twelve Tables were the foundation of all laws in Rome
and written in tablets of bronze
Highlights of the Code of Hammurabi:  the Twelve Tables were drafted by the Decemvirs, a body
a) compensation to the victim of a robbery by the authorities of men composed of patricians
of the city in which the robbery occurred if the thief was
not caught Highlights of the Twelve Tables:
b) the killer is answerable not to the family of the victim but o if a man break another’s limb and does not compensate the
to the king injury, he shall be liable to retaliation
c) death was the penalty for robbery, theft, false witness, o a person who committed arson of a house or a stack of corn
building a house that falls on its owner (if the house should shall be burned alive
collapse and kill the owner’s son, the son of the builder o judges who accepted bribes as well as those who bribed them
would be the one executed) were subject to execution
d) a son who struck his father would suffer the amputation of o any act of treason was punishable by crucifixion
a hand
e) if in an assault a victim’s bone was broken, the same bone The Punishment in the Middle Age to the Criminal Law and
of the assailant would be broken Deterrence.
The Hittites After the fall of Rome in the fifth century A.D. - To the beginning
 About two centuries after the Hammurabi, the Hittites of the Middle Ages in the thirteenth century, submerging Europe to the
flourished even though part of their codes was discovered, “Dark Ages” the roman laws were almost forgotten and strongly
1

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revived only during the Renaissance and Reformation and on to the fine. Capital punishment is irreparable and hence no provision
Eighteenth and nineteenth centuries. for possible mistakes and the desirability or later reflection.
 Imprisonment should be more widely employed but its mode of
“Act of the Punishment of Roque, Vagabonds and sturdy applications should be greatly through providing better physical
Beggars” (1597) Bridewell Institution quarters and by separating and classifying the prisoners into age,
Law that was enacted during the reign of King Henry VII sex and degree of criminality.
(1509-1947) under his daughter Elizabeth I. It mandates that beggars
should be return to their birth place, kept in jail or house of correction Jeremy Bentham –
until they could be put to work. These became later the basis of o “Greatest Happiness Principle” and
transportation of criminals beyond the seas, as an alternative to o Hedonistic calculus(Felicific Calculus)
corporal punishment. o Utilitarianism
o further developed the Classical School of
The Former Royal Palace of Bridewell, London (1557) Criminology/Penology,
Was the first work house for “poor and idle people”. o student of Beccaria
1602, Elizabeth I proclaimed that those prisoners who are not o The concept of pain and pleasure.
convicted of murder, rape or burglary be sent to the Galleys to work
o He also designed the Panoptican Prison
as slave or oarsman to row naval vessel and may even yield some
profit out of their punishment.
He saw punishment into four (4) objectives:
a. To prevent all offenses , if possible
In 1703 - Pope Clement has Hospice de San Michelle in Rome. The b. If a person chooses to commit an offense, punishment will
prisoners were classified according to their age and crime they had persuade him to commit a less rather a more serious one;
committed. This placed was designed for incorrigible youths under 20 c. When a person made up his mind to commit a particular
years of age and on top of their doors an inscriptions is written which offense, punishment will disposes him to do more mischief
reads, – “ It is insufficient to restrain the wicked by punishment than is necessary to his purposes;
unless you render them virtuous by corrective discipline.” At night d. To prevent the crime at as cheap a rate as possible.
they pray and sleep on separate cells for repentance but at day time
work in a large central hall isolation, solitary work in the cells, bread William Penns -“The Great Law” of the Pennsylvania Tuakers,
and water diet, floggings and the black hole were some of the providing more human treatment of offender. He is also responsible to
punishment, In 1735 Clement XII established an institution for the abolition of death penalty.
woman based on the work of John Howard.
The two rival prison
In 1773, John Howard (1726-1790) (High Sheriff of Bedfordshire)
As a young man he traveled to Europe hoping to help in the Auburn System (1819)- Confinement of the prisoners in a single cell
relief of Lisbon after the disastrous earthquake of 1755. He was at night and congregate work in shops during the day. (Adopted by
captured by the French and was held prisoner for two months in United States).
conditions of great barbarity. Lucky he was returned to England as
exchange prisoner. Having been influenced by Beccaria and through Pennsylvania System (1829) - Confinement of prisoners in their own
his own experience he wrote a book entitled “ The State of the cells day and night (adopted by European Countries).
Prisons in England and Wales” which makes him known as one of Both Auburn and Pennsylvania observe complete silence
the greatest prison reformer.
Mariel Montesinos - (Director of the Prisons of Valencia, Spain in
18th Century 1835) divided prisoners into companies and appointed a prisoners a
Considered to be one of the most brutal ages for petty officer in charge. Academic classes of one hour a day more given
punishing criminals.A combination of the Old and New system. all inmates under 20 years of age.
Flogging was the most popular method of corporal punishment.
Hanging is publicly done just like a scenario in a carnival where the Domets (France) - Established agricultural colony for delinquent boys
phrase gala day, gala occasion was derived from the word in 1839 focus on re-education. Once discharged, the boys placed under
gallaome. the supervision of a patron.

1718 - Punishment and transportation of criminals from England to JAIL AND PRISON
America became a practice although it was abruptly halt in 1778 due
to American Revolution leading England to divert her convicts to JAIL - it is the place for locking –up of persons who are convicted of
Australia and New Zealand. minor offenses or felonies who are to serve a short sentence imposed
Mid of the 19th Century (1875)- Transportation system was finally upon them by a competent court, or for confinement of persons who
abandoned but over 135,000 felons had been sent to Australia and are awaiting trial or investigation of their cases
New Zealand.
1. LOCK-UP JAIL - is a security facility, common to police
Old “Hulk”- (Abandoned and unsuitable transport ships) = was stations, used to police stations, used for temporary
converted as prison in order to ease the congestion in prison. But this confinement of an individual held for investigations
resulted into a more degrading life for both prisoners and guards to the 2. ORDINARY JAIL -is the type of jail commonly used to
point that they call is the “floating hell”. This even last for 85 years detain a convicted criminal offender to serve less than three
and no segregation was made between youth, man and woman. (3) years.
3. WORK HOUSE OR JAIL CAMP - a facility that houses
Later part of the 18th Century - Considered as the great transition
minimum custody offenders who are serving short sentence
and also known as the “Age of Reason or Age of Enlightenment”
Baron de Montesquieu and Voltaire, took active part in making or those who are undergoing constructive work program. It
reforms in criminal law and procedure by stimulating the crusading provides full employment of prisoners, remedial services
zeal of an Italian Philosopher namedCesareBecarria. (BOARD and constructive leisure time activities
QUESTION)
JAIL ACCORDING TO GENERAL
1870 to 1880 - The Golden Age of Penology (BOARD QUESTION) 1. MUNICIPAL JAIL–Punishable with duration of 1 Day to
6 month
“On Crimes and Punishment, 1764” - Becarria’s great contribution 2. CITY JAIL - Punishable with duration of 1 Day to 3 years
to correction/penal system.A direct result of protest over cruelties and 3. DISTRICT JAIL - Punishable with duration of 6 months -
inequalities of the law and the courts. Its essential principles are 1 Day to 3 years
follows: 4. PROVINCIAL JAIL - Punishable with duration of 6
months - 1 Day to 3 years
 The basis of all social action must be the Utilitarian concept,
with emphasis on behavior that must be useful, purposeful and Provincial Jail in the Philippines is not under the Jurisdiction of the
reasonable. Bureau of Corrections or Bureau of Jail Management and Penology.
 Crime must be considered an injury to the society and its They are manage and controlled by the Provincial Government
extent should be rationally measured.
 Prevention of crime is more important than punishment for IMPORTANCE OF JAIL
crime. 1. It serves as a deterrent to would be criminal offender
 Secret Accusation and torture should be abolished as a part of 2. It enables the wrong doer to be reformed and rehabilitated
criminal procedure. Speedy trial should be promoted and 3. To avoid influence of hardened criminal
accused should be treated humanely before trial. 4. To separate offender according to their duration of
 Punishment is justifiable only on the supposition that it helps imprisonment
deter a person from committing a crime. No capital 5. To determine the separation of jurisdiction between two or
punishment. Life Imprisonment is a better deterrent. more cities
Banishment is an excellent punishment for crimes against state. 6. Help the government economically
Crimes against property should be punished by fine or
imprisonment only when the person is incapable of paying the

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Prison – institutions for confinement of convicted offenders Medium security Camp, 2.5 kilometers from the main building. This
sentenced to more than three (3) years of imprisonment. became known as Camp Sampaguita, WHERE THE RECEPTION
 derived from the Greco-Roman word “presidio” DIAGNOSTIC CENTER (RDC) LOCATED, YOUTH DETENTION
CENTER
 Administered by the National Government under the
Bureau of Corrections. Minimum Security Camp, at BukangLiwayway.
 Also called national prisons and also includes the
penal colonies and penal farms. Half-Way House, for those who will release
Juvenile Training Center - Both projects are supported by funds
IMPORTANCE OF PRISON from Japan through the representation of the Interdisciplinary
1. It serves as a deterrent to would be criminal offender Committee of National Police Commission (NAPOLCOM).
2. It enables the wrong doer to be reformed and rehabilitated
3. To avoid influence of hardened criminal Davao Penal Colony and Farm
4. To separate offender according to their duration of  Tagum, Davao del Norte
imprisonment  Approximate Land Area is 30,000 hectares
5. To determine the separation of jurisdiction between two or  First penal settlement organized under Filipino
more cities Administration
6. Help the government economically  Jan. 21, 1932 (Act 3732 & Proc. 414 series 1931) signed by
Gov. Dwight Davis
PHILIPPINE PRISON HISTORY  Tagum Development Company (TADECO)
(C-BSINDSL) Memory aid  Tanglaw Settlement
 Banana (3000 Hectares)
Bilibid Prison1847 - On Oroquieta Street in Manila. It was formally  Tagum Settlement
opened on April 10, 1866 by a Royal Decree. It was formerly known
as “Mayhaligue Estate, and intentively for boys town but now it is Two Sub – Colony (PK)
currently known City Jail.  Panabo Sub - Colony
 Kapalong Sub – Colony
San Ramon Prison and Penal Farm -On August 21, 1870, was
established to confine Muslim rebels and intractable political prisoners Sablayan Penal Colony and Farm
opposed to the    Spanish rule.  The facility, which faced the Jolo Sea,  Occidental Mindoro
had Spanish-inspired dormitories and was originally set on a 1,414-  Established Sept. 27, 1954
hectare sprawling estate.  Four Sub – Colony (CPPY)
 Copra o Central Sub – Colony
 Capt. Ramon Blanco o Pusog Sub – Colony
 Zamboanga Del Sur
o Pasugui Sub – Colony
o Yapang Sub - Colony
Iwahig Prison and Penal Farm - Americans established in Nov. 04,
1904 the Iuhit penal settlement (now Iwahig Prison and Penal Farm)
on a vast reservation of 28,072 hectares. It would reach a total land Leyte Regional Prison
area of 40,000 hectares in the late 1950s. It was located on the  Abuyog Leyte
westernmost part of the archipelago far from the main town to confine  Established Jan. 16, 1973, by Ferdinand E. Marcos
incorrigibles with little hope of rehabilitation.  Considered as the youngest Prison
 Suggest of Gov. Luke Wright
 Order of Gov. Forbes Note: “National Correctional Consciousness week”Every last week of
 Palawan October
 Reorganization Act 1407
 1,000 Hectares Correction Institution for Women (CIW)
 TAGUMPAY Settlement  Nov. 27, 1929
 (6 Hectares) homestead lots distributed to inmates for those  Establishment of the Correctional Institution for Women in
who live there Mandaluyong City under Act No. 3579
 RDC  Its old name was
 Lt. George Wolfe became its 1st Superintendent  “Women’s Prison”
 Total land area is 18 hectares
The area was expanded to 41,007 hectares by virtue of E.O 67 issued  In 1934, the position of Female Supt was made for the
by Governor Newton Gilbert on October 15, 1912. (SIMC) operation of this penal facility
 Sta. Lucia Sub - Colony
 Inagawan Sub - Colony Note: The Bureau of Prisons was renamed Bureau of Corrections
 Montible Sub - Colony under the New Administrative Code of 1987 and Proclamation No.
 Central Sub – Colony 495 issued on November 22, 1989(EO292)

National Bilibid Prison - On January 22, 1941. The prison GOOD CONDUCT TIME ALLOWANCE
reservation had an area of 587 hectares, part of which was arable. (Granted by the Director of Prison)
The prison compound proper had an area of 300 x 300 meters or a Years of good behavior Allowance earned
total of nine hectares. It was surrounded by three layers of barbed 1year -2 years 5 days per month
wire. 3 years -5 years 8 days per month
 Lt. George Wolfe was its 1st Prison Director 6 years -10 years 10 days per month
 Muntinlupa, City 11 years and up years 15 days per month
 Lethal Injection is located
Special allowance for loyalty - It is a deduction of 1/5 of the period
For maximum security facility how high should the walls be of sentence to any prisoner who, having evaded the service of his
constructed? sentence under the circumstances in art. 158 RPC gives himself up to
A. 8 – 12 feet (Minimum) the authority within 48 hours following the issuance of a proclamation
B. 12 – 14 feet (medium) announcing the passing away of the calamity by the President of the
C. 18 – 25 feet (maximum) Philippines
D. 30 – 35 feet
Under Republic Act 10592. I made table so the readers would
Note: understand easily.
 President Fidel V. Ramos signed in to law the imposition of
Death Penalty on Heinous Crime (R.A 7659) Dec. 13, 1993 REPUBLIC ACT NO. 10592 (MAY 29 2013) - AN ACT
 Lethal Injection (R.A 8177) March 20, 1996 AMENDING ARTICLES 29, 94, 97, 98 AND 99 OF ACT NO.
 Feb. 5, 1999, Leo Echegaray was first death convict 3815, AS AMENDED, OTHERWISE KNOWN AS THE
executed thru Lethal Injection. REVISED PENAL CODE
 Chemicals Compound of Lethal Injection
1. Sodium Thiopental – put convict to sleep.
2. Pancuronium Bromide – Paralyze the muscles
Good Conduct Time Allowance under R.A. 10592
3. Potassium Chloride – stop the heart beat Year of good behavior Days to be deducted
1-2 years 20 days per month
Maximum security compound at NBP Main Building,
 death convicts 3-5 years 23 days per month
 inmates sentenced to life term 6-10 years 25 days per month
 numerous pending cases,
 multiple convictions, and 11 year and more 30 days per month
 Sentences of more than 20 years.

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Note: At any time during the period of imprisonment, he shall be
allowed another deduction of fifteen days, in addition to numbers one Segregation Cell or Bartolina
to four hereof, for each month of study, teaching or mentoring service 1. 1 - 7 days severe punishment in BJMP
time rendered. 2. 1 – 2 months severe punishment in BuCor

“An appeal by the accused shall not deprive him of entitlement to the  AFP Stockade - those who were in Baguio with sentence
above allowances for good conduct.” of only
 Agricultural and Forest Camp = for youth convicted
Special allowance for loyalty - It is a deduction of 1/5 of the period (youth camp)
of sentence to any prisoner who, having evaded the service of his  Death convict = those sentenced for death (lethal injection)
sentence under the circumstances in art. 158 RPC gives himself up to  Within 24 days – all letters are documented
the authority within 48 hours following the issuance of a proclamation  Privilege for visit with priest/family every week and others.
announcing the passing away of the calamity by the President of the  At least four (4) members of the family except minor, two
Philippines lawyers, personnel of PPA, two media from tabloid and
broad sheet, news TV, Radio and Foreign --- only to serve
Also include under R.A 10592 as witness and not to do other thing.
Note:
“ART. 98. Special time allowance for loyalty. – A deduction of one  60 years old - exempt from work
fifth of the period of his sentence shall be granted to any prisoner  8 hours – minimum work time
who, having evaded his preventive imprisonment or the service of his  At least 4 times/ day check of attendance
sentence under the circumstances mentioned in Article 158 of this  Mail allowed expenses should be shoulder by the prisoner
Code, gives himself up to the authorities within 48 hours following subject to censorship.
the issuance of a proclamation announcing the passing away of the  Within 24 hours posted, if not taken, it will be taken and
calamity or catastrophe referred to in said article. A deduction of turnover to your dormitory.
two-fifths of the period of his sentence shall be granted in case said  Pregnant woman - can stay within one year if nowhere to
prisoner chose to stay in the place of his confinement notwithstanding place the baby, the baby will be given to DSWD.
the existence of a calamity or catastrophe enumerated in Article 158 of
this Code. JAILS - Institution for confinement or convicted offenders sentenced
to imprisonment of three years or less and offenders waiting and/or
“This Article shall apply to any prisoner whether undergoing undergoing trial.Derived from the Spanish word “Jaula” and
preventive imprisonment or serving sentence.” “Caula” and French word “gaol”

PRISONERS - FRISKING - RDC (Reception and Diagnostic Center) Provincial jails are administered and supervised by their respective
5 days quarantine, 55 days stay (60days) provincial government

According to Security Risk City and municipal jails are administered and supervised by the
 Max = sentenced to 20 years (Orange/tangerine) bureau of Jail Management and Penology.
 Medium = (blue)
 Minimum =(brown) TYPES OF JAILS
 Detainee (gray) 1. Lock up - Security facility for the temporary detention of
 BJMP all are in (yellow) persons held for investigation or awaiting preliminary
hearing: usually the period of detention does not exceed
According to privilege forty –eight (48) hours.
 Colonies, 2. Ordinary Jail - Institution for confinement or convicted
offenders sentenced to imprisonment of three (3) years or
 1st class,
less and offenders waiting and/or undergoing trial.
 2nd class,
3. Workhouse Jail - farm or camps
 3rd class
P.D. 29 - the law that classified prisoners
1. 3rd class - 3 times or more sentences Classification of prisoners
2. 2nd class - 1st time offender
3. 1st class - skilled prisoner According to Status:
4. Colonies = they came from the first class which was given  Detention prisoners = those held for security reasons; held
privilege. They can wear civilian cloth during program, for investigation; those awaiting final judgment; those
received the regular GCTA plus 10 days. (You can even awaiting trial. Person detained for the violation of law or
request your wife from CIW to transfer in the colony or ordinances and not yet convicted.
even with the entire family)  Sentenced prisoner = those convicted by final judgment
Leaves from prison According to PD 29
 60 days before election and 30 days after election no  Insular or National Prisoner = those who sentence is 3yrs
release of prison. and one day to death or whose fine is more than six
 Death = leave should only be allowed for medium and thousand pesos (P6,000.00), or both
minimum risk prisoner (immediate relative/legitimate  City/ Provincial Prisoner = those whose sentence is less
spouse) apply two days before and allowed within 30 than 3 years or whose fine is less than six thousand pesos
kilometers radius by land (P6,000.00) but more than two hundred pesos (P200.00) or
 3 days before – interview with minimum and medium both

Note: Waiver and liability signed by/reported when requesting for


interview According to Sentence/Four main classes of Prisoners
 Insular or National Prisoner = one who is sentenced to
 Halfway house = Japan Nagoya halfway house with 2 serve a prison term of three years and one day to death. (3
hours caring institution for those who are about to be years and 1 Day to Death)
release. (BOARD QUESTION)  Provincial Prisoner = one who is sentenced to serve a
prison term of six months and one day to three years. (6
RIOTS OR DISTURBANCE month and 1 day to 3 years)
 1 ST GROUP – ANTI RIOT CONTINGENCY GROUP  City Prisoners = one who is sentenced to serve a prison
NO F/A term of one day to three years.
 2ND Group – Back up group may use teargas.  Municipal Prisoner = one who is sentenced to serve a
 3rd Group = trained to handled gun. prison term of one day to six months.

Classification
 The process of assigning or grouping of inmates
COMMAND Group according to their sentence, gender, age, nationality, health,
1. Chief criminal records and other pertinent facts as basis.
2. Dept. Chief  A method by which diagnosis, treatment, planning and
3. Chief of Staff execution of treatment programs are coordinated to an
individual.
Disciplinary Actions  The process of assigning inmates to types of custody or
1. BJMP - Disciplinary Board (resolves issues within 48 treatment programs appropriate to their needs.
hours)
2. BUCOR – Board of Discipline (resolve issues within 5 Procedures of Classification
working days) a. Diagnosis – a stage where the prisoner’scase history
3. Reprimand - lowest penalty for violation in prison is taken and his personality studied.

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- Through examinations and observations, the nature PENOLOGY PROFESSIONALIZATION ACT OF 2004" AND FOR
and extent of the person’s criminality is determined OTHER PURPOSES
and it shall be the basis for the formulation of his
rehabilitation program. REPUBLIC ACT NO.10575 (MAY 24 2013) -AN ACT
b. Treatment planning – involves the formulation of a STRENGTHENING THE BUREAU OF CORRECTIONS (BUCOR)
tentative treatment program best suited to the needs of AND PROVIDING FUNDS THEREFOR (“The Bureau of
the individual prisoner, based on the findings Corrections Act of 2013″)
c. Execution of the treatment program- the actual
application of the treatment program designed for the CUSTODIAL RANK REFORMATION RANK
prisoner Corrections Chief Superintendent
d. Re-classification – the process of monitoring the Corrections Senior Superintendent Corrections Technical Senior
response of the prisoner to the treatment program and Superintendent
the conduct of review of previous findings as Corrections Superintendent Corrections Technical
compared to new information currently available. Superintendent
- Periodic analysis of inmates continues from the time Corrections Chief Inspector Corrections Technical Chief
of the initial classification until his release. Inspector
Corrections Senior Inspector Corrections Technical Senior
Penalty- is the suffering that is inflicted by the State for the Inspector
transgression of the law Corrections Inspector Corrections Technical Inspector
Corrections Senior Officer IV Corrections Technical Senior
THEORIES JUSTIFYING PENALTIES Officer IV
1. Prevention- the state punishes the criminal to prevent Corrections Senior Officer III Corrections Technical Senior
or suppress the danger to the State and to public Officer III
arising from the criminal acts of the offender. Corrections Senior Officer II Corrections Technical Senior
2. Self-Defense – the state punishes the criminal as a Officer II
measure or self-defense so as to protect society from
Corrections Senior Officer I Corrections Technical Senior
the threat and wrong inflicted by the criminal.
Officer I
3. Reformation- it is the duty of the state to take care of
Corrections Officer III Corrections Technical Officer III
and reform the criminal
4. Exemplarity – the criminal is punished to serve as an Corrections Officer II Corrections Technical Officer II
example to discourage others from committing Corrections Officer I Corrections Technical Officer I
crimes.
5. Justice –based on the theory that crime must be
punished by the state as an act of retributive justice, a
vindication of absolute right and moral law violated
by the criminal

Juridical Condition of Penalty


1. Juridical and Legal- it must be imposed by virtue of
a judgment as prescribed by law
2. Definite - it must be specific
3. Commensurate- it must be proportionate to the
gravity of the crime
4. Personal - it must be imposed to the person who
actually committed the crime with no substitutes.
5. Equal- it must apply to all offenders

Classification of Penalties (Duration of imprisonment)

Capital Punishment
Death (R.A. 7659 and R.A. 8177 as amended R.A. 9346)
Afflictive Penalties
Reclusion Perpetua 20 years and 1 day to 40 years
Reclusion Temporal 12 years and 1 day to 20 years
Prison Mayor 6 years and 1 day to 12 years
Correctional Penalties
Prison Correctional 6 months and 1 day to 6 years
Arresto Mayor 1month and 1 day to 6 months
Light Penalties
ArrestoMenor 1 day to 30 days

PRESCRIPTION OF PENALTIES

PENALTY PRESCRIBES IN
Death and reclusion Perpetua 20 years
Other afflictive penalties 15 years
Correctional penalties 10 years
Arresto Mayor 5 years
Light penalties 1 year

Republic Act No. 9263 (March 10, 2004 - AN ACT PROVIDING


FOR THE PROFESSIONALIZATION OF THE BUREAU OF FIRE
PROTECTION (BFP) AND THE BUREAU OF JAIL
MANAGEMENT AND PENOLOGY (BJMP), AMENDING
CERTAIN, PROVISIONS OF REPUBLIC ACT NO. 6975,
PROVIDING FUNDS THEREOF AND FOR OTHER
PURPOSES(Bureau of Fire Protection and Bureau of Jail
Management and Penology Professionalization Act of 2004.")

Republic Act No. 6975 - otherwise known as the "Department of the


Interior and Local Government Act 1990"

Republic Act No. 9592  (May 08, 2009)AN ACT EXTENDING FOR
FIVE (5) YEARS THE REGLEMENTARY PERIOD FOR
COMPLYING WITH THE MINIMUM EDUCATIONAL
QUALIFICATION AND APPROPRIATE ELIGIBILITY IN THE
BUREAU OF FIRE PROTECTION (BFP) AND THE BUREAU OF
JAIL MANAGEMENT AND PENOLOGY (BJMP), AMENDING
FOR THE PURPOSE CERTAIN PROVISION OF REPUBLIC ACT
NO. 9263, OTHERWISE KNOWN AS THE "BUREAU OF FIRE
PROTECTION AND BUREAU OF JAIL MANAGEMENT AND

5|Page
 In January 3, 1978 was took effect

PRESIDENTIAL DECREE 603- “The Child and Youth Welfare


Code” which provides for youth probation law that was signed on
December 10, 1974 and took effect June 10, 1975.

REPUBLIC ACT 9344- The Juvenile Justice Welfare Act of May


2006 amending P.D. 603.

PROBATION - is a disposition under which a defendant, after


conviction and sentence, is released subject to conditions imposed by
the court and to the supervision of a probation officer.

PURPOSEOF PROBATION
 Promote the correction and rehabilitation of an offender by
providing him with individualized treatment.
 Provide an opportunity for the reformation of a penitent
offender.
 Prevent omission of offense.

Terms in Probation
 Probationer- a person place on probation.
 Probation Officers- one who investigates for the court?
 Petitioner – a convicted defendant who files a formal
application for probation.
 Absconding Probationer – a person whose probation was
granted but failed to report for supervision within the
period ordered by the court or his location is unknown.
 Absconding Petitioner – a convicted defendant whose
application for probation has been given due course by the
CORRECTIONAL ADMINISTRATION 2 court but fails to report to the probation office or his
(NON-INSTITUTIONAL CORRECTION) location is unknown and cannot located w/ reasonable time
(COMMUNITY BASED PROGRAM)
Requirements on how to avail the benefits of P.D 968, as amended
Non – Institutional Corrections – take charge of correcting offender  Section 8. Criteria for Placing an Offender on
through community based – program such as probation, suspended Probation. In determining whether an offender may be
sentence for first time minor offenders, Parole and Conditional Pardon. placed on probation, the court shall consider all information
relative, to the character, antecedents, environment, mental
Parole and Probation Administration (PPA) and physical condition of the offender, and available
 Headed by Administrator institutional and community resources. Probation shall be
 Handles the Investigation petitioners for Probation & denied if the court finds that:
Supervision of Probationer, Parolees, and a. the offender is in need of correctional treatment
Conditional Pardonees. that can be provided most effectively by his
 Hon. TeoduloNatividad was the first Administrator commitment to an institution; or
b. there is undue risk that during the period of
Board of Pardons and Parole (BPP) probation the offender will commit another
 Headed by Chairman (Secretary of justice) crime; or
 is responsible for grant of Parole and recommending c. Probation will depreciate the seriousness of the
 Executive Clemency to the President ( E.O 83, series of offense committed.
1937)
Section 9. Disqualified Offenders. The benefits of this Decree shall
Department of Social Welfare and Development (DSWD) not be extended to those:
 Headed by Secretary a. sentenced to serve a maximum term of imprisonment of
 renders services for Children in Conflict with the Law more than six years;
(CICL) b. convicted of any Crime against the National Security of
the or Crimes against Public Order ;
Development of PROBATION  Art. 114 – Treason
 Art. 115 - Conspiracy and proposal to commit
England - It is where probation started in a form of suspending treason
judgment and releasing offender on his own Recognizance (ROR) with  Art. 116 - Misprision of Treason
the promise not to commit any more crime.  Art. 117 – Espionage
 Art. 118 - Inciting to war or giving motives for
Mathew Davenport Hill - Father of England Probation. reprisals
 Art. 119 - Violation of neutrality.
United States- Probation was practiced by John Augustus (Boston  Ari. 120 - Correspondence with hostile country
Shoemaker) in 1841 although the first probation law was passed in  Art. 121 - Flight to enemy country
Massachusetts 1878 but was widely used only upon the passage of the  Art. 122 - Piracy in general and mutiny on the
First Juvenile Court law of Cook Country in Chicago in 1899. high seas.
 Art. 123 - Qualified piracy
Edward N. Savage - Ex- chief of police of Boston who became the c. who have previously been convicted by final judgment of
first probation officer employed by the government. an offense punished by imprisonment of not less than one
month and one day and/or a fine of not less than Two
Commonwealth Act no. 3203 -Took effect on December 3, 1924 Hundred Pesos;
=1st Juvenile Delinquency Law of the Land. d. who have been once on probation under the provisions of
this Decree; and
Act No. 4221 of the Phil. Assembly (Probation Act) - Established an e. who are already serving sentence at the time the
adult probation law but was abolished in 1937 after two (2) years of substantive provisions of this Decree became applicable
existence on the ground of unconstitutionality in the case of People vs. pursuant to Section 33 hereof.
Vera, 37 O.G. 164.
Section 10.Conditions of Probation.Every probation order issued by
P.D. 968- Reestablished the adult probation law which was signed the court shall contain conditions requiring that the probationer shall:
by Pres. Ferdinand Marcos on July 24, 1976. “Probation law of  present himself to the probation officer designated to
1976” undertake his supervision at such place as may be specified
 P.D 968, otherwise known” Adult Probation Law of 1976” in the order within seventy-two hours from receipt of said
 Father of Probation in the Philippines order;
 First Administrator of the Parole and Probation  Report to the probation officer at least once a month at such
Administration which attached to the DOJ time and place as specified by said officer.
 First Filipino Vice President of the United Nations
Congress, Geneva Switzerland The court may also require the probationer to:
 April 24, 1976 Draft the decree by NEPTALI   cooperate with a program of supervision;
GONZALES  meet his family responsibilities;
 In July 24, 1976 was approved by late President Ferdinand
E. Marcos

6|Page
 devote himself to a specific employment and not to change  after summary hearing when the probationer violated any
said employment without the prior written approval of the of its conditions
probation officer;  upon application by the probation officer or the probationer
 undergo medical, psychological or psychiatric examination himself
and treatment and enter and remain in a specified
institution, when required for that purpose; Note: only the judge who heard and decided the case has the power to
 pursue a prescribed secular study or vocational training; grant, deny, modify, revoke and terminate probation.
 attend or reside in a facility established for instruction,
recreation or residence of persons on probation; PAROLE - A method by which a prisoner who has served a portion of
 refrain from visiting houses of ill-repute; his sentence is conditionally released but remains in legal custody, the
 abstain from drinking intoxicating beverages to excess; condition being that in case of misbehavior, he shall be imprisoned.
 permit to probation officer or an authorized social worker
to visit his home and place or work; DEVELOPMENT OF PAROLE
 reside at premises approved by it and not to change his
residence without its prior written approval; or 1. EUROPE - where the historical part of parole was
 Satisfy any other condition related to the rehabilitation of originated
the defendant and not unduly restrictive of his liberty or 2. 18TH CENTURY - the Thames River was occupied by
incompatible with his freedom of conscience. Prison Ships
3. “HULK”- prison ships in the later part of the 18th century.
VIOLATION OF THE FOLLOWING SHALL DISQUALIFY AN 4. PAROLE- French word “PAROLE D’
OFFENDER TO AVAIL OF THE BENEFITS OF PD 968, AS HONEUR”meaning “Word of Honor”.
AMENDED
1. Video gram Law (PD 1987) 1837 - FIRST PAROLE LAW WAS PASSED IN
2. Omnibus Election code (BP 881) MASSACHUSETTS. At the same time Captain Mochanochie, In
3. Wage Rationalization act (R.A 6727) charge of the English Penal Colony in Norfolk Island, Australia,
4. Comprehensive Dangerous Drugs act (R.A 9165) except: introduce a system whereby a prisoner was given a “TICKET OF
 sec. 12 - Possession of Equipment, Instrument, LEAVE” (the equivalent of parole) after earning a certain required
Apparatus and Other Paraphernalia for number of marks.
Dangerous Drugs (6 mos – 1 day to 4 years
 sec. 14 - Possession of Equipment, Instrument, 1856 - Parole was also featured in Irish Prison System based on an
Apparatus and Other Paraphernalia for indeterminate sentence and the mark system
Dangerous Drugs during Parties, Social
Gatherings or Meetings. Even the Elmira Reformatory has a limited form of indeterminate
 Section 17. Maintenance and Keeping of sentence and a method of mark similar to the Irish System, and Parole
Original Records of Transactions on Dangerous based on marks. The principal defect of early parole system was the
Drugs and/or Controlled Precursors and manner of determining eligibility for parole. The system of parole is
Essential Chemicals.(1 year and1 day to 6 said to be based on the principle of “word of Honor”.
years)
 Section 70. Probation or Community Service for DR. S.G. HOWE OF BOSTON -First man to use the word
a First-Time Minor Offender in Lieu of “PAROLE”.He used the word in a letter to the Prison Association of
Imprisonment. New York in 1869, after some American Prison Reforms who
observed that the Irish Prison System paved the way for the approval
BENEFITS OF PROBATION of the law --- creating Elmira Reformatory.
1. Protects of society
a. From excessive cost of detention. ELMIRA REFORMATORY (1876) - Forerunner of Modern
b. From the high rate of recidivism. Penology, established a link between the community-based program
2. Protects the victim and the penal institution.
a. It provides restitution.
b. It preserves justice. 1877 was opened in Elmira, New York withZEBULON R.
3. Protects the family BROCKWAY AS SUPERINTENDENT= using Intermediate
a. It does not deprive the wife and children of sentence compulsory develops Parole which soon spread to other
husband. states in U.S.A. Father of Prison Reform in U.S
b. It maintains the unity of the homes
4. Assist the government ALEXANDER MOCHANOCHIE (ENGLAND)- Supt of Norfolk
a. Reduce the population of prison and jails Island Penal Colony in Australia introduced the MARK SYSTEM
b. Lessen the clogging of courts. (PROGRESSIVE HUMAN SYSTEM) to substitute for corporal
c. Enlighten loads of prosecutors. punishment.
5. Helps the offender  Prisoners who earned a required number of marks are given
a. Maintain his earning power. a ticket of leave which is equivalent to parole.
b. Provides rehabilitation in the community.  Fair disciplinary trial, built churches, distribute book and
c. Restore his dignity. allowed play to be staged, permitted prisoners to find small
6. Justifies the philosophy of men garden and rehabilitation system.
a. Life is sacred.  One of the Father of Modern Penology.
b. All men deserve second chance.
c. Individual can change. SIR WALTER CROFTON - (Chairman of the Directors of Irish
Prisons- 1856) = Introduced the Irish System
SUMMARY PROCESS ON GRANTING PROBATION (Progressive Stage System)
1. Granted by Court  Solitary confinement for nine months at a certain prisons
2. (10 days to Prosecutor’s comment) (15 Days to Court) with reduces diet and allowed monotonous word and
upon receipt towards the end prisoners were given more interesting
3. Referral “Order to Investigate” work, some education and better treatment.
4. Parole and Probation Administration Officer  Assignment of public works at Spike Island. Prisoners were
5. Post – Sentence Investigation (PSI)(60 Days) graded according to mark system and were a badge of
6. Post – Sentence Investigation Report (PSIR) distinction to others which later serve to shorter the length
7. Court (Grant or Deny) of stay.
a. Granted – Probation Supervision  Prisoner was sent to lurk on Smithfield as preparation for
b. Denied – serve the original sentence release. Prisoners worked without custodial supervision and
8. Condition (Mandatory and others) were exposed to ordinary temptations of freedom and
a. Mandatory – within 72 hours report (CPPO) release on supervision subject to certain condition
b. Others – 1/mos. equivalent to present day parse.
9. Condition (Comply or Non-Comply)  “Self-improvement b the prisoners himself through
a. Complied – Final or Termination Report successive stages”.
10. Non-Complied – violation or revocation report Revocation
report 1870 - AMERICAN CORRECTIONAL ASSOCIATION
a. hearing “Justified” (FORMERLY KNOWN AS NATIONAL PRISON
i. issue extended ASSOCIATION was organized adopting a “Declaration of
ii. modify condition Principles” later revised in prison Congress of 1933.
b. Termination order – release
c. Revocation order- w/ order to arrest 1872 - FIRST INTERNATIONAL PRISON CONGRESSwas held
in London creating the International Penal and Penitentiary
MODIFICATIONS OF CONDITIONS FOR PROBATION Commission (IPPC/Hague) an inter-government organization)
 at any time during supervision established in 1875 and was dissolved and its function were
transferred to the Social Defense Section of the United Nations.

7|Page
h. those whose maximum term of imprisonment does not
ELMIRA REFORMATORY (1876) - Forerunner of Modern exceed one (1) year or those with definite sentence;
Penology.Established a link between the community-based program i. Those suffering from any mental disorder as certified by a
and the penal institution. government psychiatrist/psychologist;
j. Those whose conviction is on appeal;
1877 was opened in Elmira, New York with ZEBULON R. k. Those who have pending criminal case/s.
BROCKWAY AS SUPERINTENDENT. Using Intermediate
sentence compulsory develops Parole which soon spread to other SUMMARY ON PAROLE PROCEDURE
states in U.S.A. 1. Granted by Board of Pardon and Parole (BPP)
 training school type of institution program for boys from 16 2. Upon serve the full minimum sentence
to 30 years of age; 3. Referral “Request to Investigate”
 new prisoners were classified as second grade until 4. Parole and probation Officer
promoted to first grade after six (6) months of good 5. Pre-Parole Investigation (PPI) 30 days
behavior; 6. Pre-Parole Investigation Report (PPIR)
 extensive used of parole which is granted after another six 7. BPP (Grant or Deny)
(6) months of good behavior in the first grade;  Granted – Parole Supervision
 after a prisoner committed misconduct he will be demoted  Denied – Serve the remaining sentence
to 3rd grade unless he show good conduct for one month he 8. Condition (Mandatory and Other)
will be reclassified to second grade; and  Mandatory – within 45 days report
 Indeterminate Sentence and Parole based System.  Other – 1/mos. outside Manila, 2/mos. Within
Manila
SIR EVELYN RUGGLES BRISE(England) 1897 - Director of 9. Condition (Comply or Non-Comply)
English Prison, after visiting Elmira Reformatory, opened aBorstal  Complied – Submission of Summary Report
Institution near Roached, In Kent which was considered as the best  Non-Complied – Infraction (new Violation) or
reform Institutions for young Offenders.
Violation report (violate condition)
10. Final Release and Discharge (FRD) (complied)
First separate institution for women was established in Indiana and
11. Order of Arrest and Recommitment (OAR)
Massachusetts.
EXECUTIVE CLEMENCIES: (PARC)
The Elmira Reformatory was considered failure in practice by the year
1. PARDON(Absolute/conditional) - It is a form of Executive
1910 until it was revived in 1930 as a result of revamp of the
Clemency which is exercised by Chief Executive. It is an
educational program of the Elmira Reformatory. Later it was
act of Grace and the recipient is not entitled to it as a matter
succeeded by the Industrial Prison Movement. Industrial Prison
of right. It is discretionary and not subject to review by the
Movement was ended by a law passed In the year 1934 prohibiting the
judiciary. It dates back to the pre-Christian Era. It was
sale of prison-made articles to the public and limit used of government
applied to members of the Royal Family who committed
owned institution agencies.
crimes and occasionally to those convicted of offenses
against the royal power. In England it was usually an
The classical Movement: The reorganization of the Federal prison
exclusive power of the king but there were times that were
system in 1930 started the movement for modern correctional reforms.
extended to the Queens upon advised of the Minister of the
The Federal law created the Federal Bureau of Prisons and placed a
Interior.
director as head of the system. As a result of the organization, penal
In United States, pardon was exercised by the Royal
institutions, which were formerly administered independently by their
governor delegated to him by the King. After her
respective wardens, were placed under the centralized jurisdiction of
independence, the federal and the state constitutions vested
the Federal Bureau of Prisons.
it to the President of the United States and the Governor in
federal and state cases, respectively.
Parole in the Philippines
KINDS OF PARDON IN THE PHILIPPINES:
ACT 4103 - Otherwise known as the “Indeterminate Sentence Law”,
took effect on December 5, 1933.
ABSOLUTE PARDON-Given without any condition attached to it
and it is the sole power of the president to grant it to that person whose
AMENDED BY E.O. 83, SERIES OF 1937 -Gave the “Board” the
qualification is qualified? Except in cases of impeachment (Art. 7, sec
authority to advice the Chief Executive on the course/s of action to
19 of 1987 Philippine Constitution) take note only qualified individual
take on petitions for executive clemencies.
if several persons it will fall under Amnesty provided he did not failed
to any of provision in granting amnesty.
RENAMED THE BOARD OF INDETERMINATE SENTENCE
TO BOARD OF PARDON.
Its purposes are:
 To do away with the miscarriage of justice;
OCTOBER 4, 1947 -EXECUTIVE ORDER 94 TOOK EFFECT.
 To keep punishment abreast with the current philosophy,
ALSO KNOWN AS THE “REORGANIZATION LAW OF 1947”
concept or practice of criminal justice administration; and
which abolished the Board of Pardons and created the Board of
 To restore full political and civil rights of person who have
Pardons and Parole.
already served their sentence and have waited the
prescribed period.
REVIEW OF CASES FOR PAROLE - Unless otherwise
disqualified under Section l5 of these Rules, a case for parole of a
CONDITIONAL PARDON- Serves the purpose of releasing a
prisoner shall be reviewed upon a showing that he is confined in
prisoner who is already reformed or rehabilitated but who cannot be
prison or jail to serve an indeterminate sentence, the maximum period
paroled because the parole law does not apply to him. Thus a prisoner
of which exceeds one (1) year, pursuant to a final judgment of
serving a determinate sentence or life imprisonment is excluded from
conviction and that he has served the minimum period of said
the benefits of the parole law. However reformed he may be given
sentence.
conditional pardon.
SEC. 14. GRANT OF PAROLE - A prisoner may be granted parole
PARDON ACCORDING TO GRANTING POWER
whenever the Board finds that there is a reasonable probability that if
released, he will be law-abiding and that his release will not be
PARDON OF THE PRESIDENTvs.PARDON BY THE PRIVATE
incompatible with the interest and welfare of society.
OFFENDED PARTY
SEC. 15.DISQUALIFICATION FOR PAROLE - The following
PARDON OF THE PARDON OF THE OFFENDED PARTY
prisoners shall not be granted parole: PRESIDENT
a. Those convicted of an offense punished with Death Extinguishes the criminal It does not extinguish the criminal liability of
penalty, Reclusion Perpetua or Life imprisonment; liability of the offender the offender
b. Those convicted of treason, conspiracy or proposal to It does not include the civil The offended party can waive the civil liability
commit treason or espionage; liability to pay of the offender
c. Those convicted of misprision of treason, rebellion, Granted only after Must be made before the institution of the
sedition or coup d'etat; conviction criminal action in cases where the law allows
d. Those convicted of piracy or mutiny on the high seas or pardon by the offended party. Also it must be
extended to both offenders.
Philippine waters;
e. Those who are habitual delinquents i.e. those who, within a
AMNESTY (with concurrence of the Congress) - It is an act of the
period of ten (10) years from the date of release from prison
or last conviction of the crimes of serious or less serious sovereign power granting oblivion general pardon for a past offense
physical injuries, robbery, theft, estafa and falsification, are usually granted in favor of certain classes of persons who have
found guilty of any of said crimes a third time or oftener; committed crimes of a political character, such as Treason, Sedition,
f. Those who escaped from confinement or evaded sentence; Rebellion
g. Those who were granted Conditional Pardon and violated
any of the terms thereof; AMNESTY vs PARDON

8|Page
2. BY COMMUTATION OF SENTENCE- it is the
AMNESTY PARDON reduction of the period of imprisonment of the offender or
Made by the President with the Made by the President alone the amount of the fine.
concurrence of Congress 3. FOR GOOD CONDUCT TIME ALLOWANCE- are
Usually extended to political Extended to any type of crime deductions from the term of the sentence for good behavior
crimes of the convicted prisoner.
May be extended even before May be given only after final 4. PAROLE- consists of the suspension of the sentence of a
conviction or before trial conviction convict after serving the minimum term of the
Looks backward Looks forward indeterminate penalty.

REPRIEVE - temporary suspension of the execution of sentence RELEASE OF RECOGNIZANCE (R.A 6036)
(usually extended to death penalty prisoners).This word simply means  A kind of release where in a prisoner will be turn over to
“to make back” or the withdrawing of the sentence for an interval of somebody with probity to the community
time. It is the temporary stay if the execution of sentence exercised by  A person charged of criminal offense the highest penalty of
the President which is not more than 6 months and fine of 200 pesos or
both
COMMUTATION OF SENTENCE– reduction, reducing, lessening,
lowering, MITIGATING or deduction of the sentence.It is an DEFINITIONS OF TERMS
executive clemency that changes a heavier sentence to a less serious
1. CARPETA - the institutional record of an inmate which
one, or a longer prison term to a shorter period. consist of his commitment order, the prosecutors’
information and the decisions of the trial court.
REVIEW OF CASES FOR EXECUTIVE CLEMENCY - Petitions 2. PRISON JACKET (Inmate Record) - for those who are
for executive clemency may be reviewed if the prisoners meet the convicted from Municipal Jail, city jail, provincial jail will
following minimum requirements: have their envelope of their records called prison jacket.
3. PRISON RECORD - refers to information concerning an
A. FOR COMMUTATION OF SENTENCE - inmate's personal circumstances, the offense he committed,
1. The prisoner shall have served at least one-third the sentence imposed, the criminal case number in the trial
(1/3) of the minimum of his indeterminate and/or and appellate courts, the date he commenced serving his
definite sentence or the aggregate minimum of his sentence, the date he was received for confinement, the
indeterminate and/or definite sentences. place of confinement, the date of expiration of the sentence,
2. At least ten (10) years for prisoners sentenced to the number of previous convictions, if any, and his
Reclusion Perpetua or Life imprisonment for behavior or conduct while in prison;
crimes or offenses committed before January 1, 4. COMMITMENT- the entrusting for confinement of an
1994. inmate to a jail by competent authority for investigation,
3. At least twelve (12) years for prisoners whose trial and or service of sentence.
sentences were adjusted to a definite prison term of 5. COMMITMENT ORDER- a written order of the court or
forty (40) years in accordance with the provisions nay competent authority consigning an offender to a jail or
of Article 70 of the Revised Penal Code, as prison for confinement.
amended? 6. CONTRABAND - any article, item or object prohibited by
4. at least fifteen (15) years for prisoners convicted of law or forbidden by prison rules
heinous crimes as defined in Republic Act No. 7. CORPORAL PUNISHMENT- the infliction of physical
7659 and other special laws committed on or after pain as a form of punishment
January 1, 1994 and sentenced to one or more 8. COUNSELING - the relationship in which one endeavors
Reclusion Perpetua or Life imprisonment to help another understand and solve his problems or
5. at least twenty (20) years in case of one (1) or adjustment
more Death penalty/penalties, which was/were 9. DIVERSIFICATION - an administrative device of
automatically reduced or commuted to one (1) or correctional institutions of providing varied and flexible
more Reclusion Perpetua or Life imprisonment; types of physical plants for more effective control of the
treatment programs of its diversified population
B. For Conditional Pardon, the prisoner shall have served at 10. DIVERSION- establishment of alternatives to formal
least one-half (1/2) of the minimum of his original justice system, such as deferred prosecution, resolution of
indeterminate and/or definite sentence. However, in the citizens dispute and others
case of a prisoner who is convicted of a heinous crime as 11. ESCAPE- an act of getting out unlawfully from
defined in Republic Act No. 7659 and other special laws, confinement or custody by an inmate.
he shall have served at least one-half (1/2) of the maximum 12. FURLOUGH - an authorization that permits inmate to
of his original indeterminate sentence before his case may leave place of confinement for emergency reasons.
be reviewed for conditional pardon. 13. INSTRUMENT OR RESTRAINT - a device tool or
instrument used to hold back, keep in, check or control an
C. For Absolute Pardon, after he has served his maximum inmate such as hand cuffs, leg irons and chains.
sentence or granted final release and discharge or court 14. MITTIMUS/WRIT OR MITTIMUS - a warrant issued
termination of probation. However, the Board may consider by a court bearing its seal and the signature of the judge,
a petition for absolute pardon even before the grant of final directing the jail or prison authorities to receive inmates for
release and discharge under the provisions of Section 6 of custody or service of sentence imposed therein.
Act No. 4103, as amended, as when the petitioner: 15. PENAL SERVITUDE- a punishment which consist in
keeping an offender in confinement where convicted
MODES OF TOTAL EXTINCTION OF CRIMINAL LIABILITY offenders are to serve out the term of their sentence.
(Art. 89) 16. PENANCE - an ecclesiastical punishment inflicted by an
1. BY THE DEATH OF THE CONVICT, as to the ecclesiastical court for some spiritual offense.
personal penalties; as to pecuniary liabilities, it is 17. PENOLOGY- A branch of criminology which deals with
extinguished only when the death of the offender occurs management and administration of inmates.
before final judgment. 18. PENITENTIARY - a prison, correctional institution or
2. BY SERVICE OF SENTENCE; other place of confinement where convicted offenders are
3. BY AMNESTY-an act of the sovereign power granting sent to serve out the term of their sentence.
oblivion or a general pardon for past offense, and is rarely 19. PRISONIZATION - the process by which an inmate
exercised in favor of a single individual, and is usually learns, through socialization, the rules and regulations of
exerted in behalf of certain classes of persons who are the prison culture.
subject to trail but not yet convicted. 20. PUNISHMENT- the redress that the state takes against an
4. BY ABSOLUTE PARDON offending members
5. PRESCRIPTION OF CRIME- the forfeiture or the loss 21. DEATH PENALTY- by hanging, burning, immersing in
of the right of the state to prosecute the offender after the boiling, feeding to wild animals and other forms of barbaric
lapse of a certain time. ways
6. PRESCRIPTION OF PENALTY- the loss or forfeiture 22. CORPORAL PUNISHMENT- by flogging, mutilation,
of the right of the Government to execute the final sentence disfiguration, and maiming
after the lapse of a certain time. 23. PUBLIC HUMILIATION - by use of stocks and pillory,
7. MARRIAGE OF THE OFFENDED PARTY UNDER docking stool, branding, shaving off the hair.(Social
ARTICLE 344 RPC Degradation)
24. IMPRISONMENT, PAROLE AND PROBATION - the
MODES OF PARTIAL EXTINCTION OF CRIMINAL more recent form of punishment
LIABILITY
1. BY CONDITIONAL PARDON- a contract between the EARLY concept of PUNISHMENT
president and the convict the former will release the latter 1. RETRIBUTION=personal vengeance
upon compliance with certain conditions.

9|Page
2. EXPIATION OR ATONEMENT= group o Vagrant – 1531, Penal slavery-1547
vengeance 41. Brank – metal frame put in head and painful mouth piece
3. DETERRENCE = serve as warning to future law 42. Bridewell Institution – Bridewell, England in 1556, 1552
violators – king Henry Work house for vagabonds, idlers, rogues
4. PROTECTION = for purposes of securing society 43. 1779 Penitentiary Act
5. REFORMATION= change of behavior from o Norfolk Prison WYNMONDHAM, England
unaccepted norm of behavior. o 1829 NATIONAL PENITENTIARY OF
MILBANK
25. REHABILITATION - A program of activity directed to o 1842 PENTONVILLE NATIONAL
restore an inmate’s self-respect thereby making him a law PENITENTIARY
abiding citizen after serving his sentence. 44. New York – largest Women Prison
26. SAFEKEEPING- the temporary custody of a person for 45. 1845 Penal code of Russia – hard labor of four years to
his own protection, safety or care; and/or his security from life
harm, injury or danger for the liability he has committed. 46. Amsterdam, New York 1600 – first recorded prison
27. INMATES- either a prisoner or detainee confined in jail 47. Pennsylvania system – Rival of Auburn Solitary
28. DETAINEE - a person accused before a court or confinement
competent authority who is temporarily confined in jail 1. Walnut street jail – 1790
while undergoing investigation, awaiting final judgment 2. Western Penitentiary - 1826
3. Eastern Penitentiary – 1830
CLASSIFICATION OF DETAINEE(FIT) 48. Immanuel Kant – concept of Retribution
1. Undergoing investigation; 49. Sheriff John Howard – Bedfordshire, England,
2. Awaiting or under trial; and recommendation to reform the prison system
3. Awaiting final judgment 50. First Probation Law – Massachusetts 20 years – 1878
51. Notorious Vielila – A notorious brigand and Lombroso
29. PRISONER - an inmate who is convicted by final open his skull and found out atavistic being
judgment and classified as insular, provincial, city or 52. Edward N. Savage – Boston first probation officer, former
municipal prisoners. chief of Police in Boston
53. Clifford Shaw – conducted research Brother in Crime,
NOTES: THINGS MUST TO REMEMBER Delinquency Areas
1. 50 PESOS /DAYfor every prisoner 54. First Juvenile Court – cook Illinois 1925
2. TANG CODE– First permanent law compilation (China) 55. HITO – Man & is distributed inmates nation wide
3. 1924 – first used electrocution 56. CAPIC – officially registered as the trademark
4. CRISTOBAL VS. LABRADOR– First case of Pardon 57. SIPAT – cordilleras in northern Luzon, which have their
”Restore All” own brand of Justice.
5. SECTION 19. ART.17– grant president sole power of 58. Father CondradoBalweg – priest turned to rebel in
Pardon martial law, formed Cordillera People Liberation Army
6. PEOPLE VS. VERA– first case of Act 4221 59. BODONG – kind of court to settle tribal and individual
7. HOUSE BILL 393– An act establishing Probation law in 60. Don SeverinoDelasAlas – Elected by Andres Bonifacio as
the Phil. first Minister of Justice at Magdiwang Government, Naic
8. ELMIRA REFORMATORY– The Hill, forerunner of Cavite
Modern Penology 61. Prison Postal Service – send or received money
9. OPERATION GREYHOUND– Check bedding, locks, 62. Jail Booking 4 Copies – BJMP Central Office, Regional
personal bedding Office, Provincial Administration Office, Jail file
10. ASSISTANT WARDEN– Chairman of Classification, and 63. R.A 9263 – “ Bureau of Fire Protection – Bureau of jail
Disciplinary Board Management and Penology Professionalization act of
11. P.D 968 – July 24, 1976 Approved 2004” as amended by R.A 9592
o January 03, 1978 took effect 64. At least count 4 times/day
12. R.A 8369 – Family Court 65. Jail Guard
13. JUST DESERT MODEL– Correction Model wherein 1. 1st group – initial wave of anti-riot, protected head
punish, because infringed the right of other security gear, facemask
14. WALTER RECKLESS– self-concept provides person 2. 2nd group – back up force, tear gas, gas grenade
with strongest defense against delinquent involment 3. 3rd group – highly trained in firearm
15. MANAMA DHARMA– India 66. Request to view the remain at least 3 days before,
16. HERMES TRISMEGITUS– Egypt offender/inmates not stay more than three hours to view
17. MOSAIC CODE– (retribution principle) - Admission is remain, must travel by land, and return daylight
admissible if testimony of at least one witness 67. At least 1 hour exercise
18. KING UR-NAMMU-restorative justice 68. At least 8 hours work
19. FURCA- v-shaped yolk worm around the neck where the 69. P.P 76 – ElpidioQuirino HUKBALAHAP Member
out stretched arm of the convict were tied andLeader
20. ROMAN PRISON 70. P.P 51 – Manuel L. Quezon MAKAPILI Collaborated the
o UNDERGROUND CISTERN– detained Japanese During WW II
prisoner – starved to death. 71. Sir Walter Crofton – Director of Irish Prison, Irish
o ERGASTULUM – attach to bench & forced to System ‘ Individualized treatment”
do hard labor personnel of imprisonment. 72. Dr. S.G Howe – first man used the word “Parole” (1846
21. XENOPHON & DEMOSTHENES– punished by 73. Europe – Originate Parole
Burgundian code. 74. Safekeeping, which is the custodial component of the
22. Flogging– garrote. BuCor’s present corrections system, shall refer to the act
23. GUILLOTINE– Introduce in France that ensures the public (including families of inmates and
24. Shot Drill – carrying heavy loads from one place to their victims) that national inmates are provided with their
another then returned to the same place everyday basic needs, completely incapacitated from further
25. Treadmill – constantly climb up stairs, continually during committing criminal acts, and have been totally cut off
day, w/ prisoner logging up to 14,000 feet stair /day from their criminal networks (or contacts in the free
equivalent to 3 to 4 stiff mountain /day society) while serving sentence inside the premises of the
26. Sweat box – prisoner were put in a steel box in the sun national penitentiary. This act also includes protection
were used as punishment against illegal organized armed groups which have the
27. Plantsa - Philippines capacity of launching an attack on any prison camp of the
28. Paterfamilias – limitless power to punish err family and national penitentiary to rescue their convicted comrade or
slaves. to forcibly amass firearms issued to prison guards.
29. Roman-prohibiting flogging or execution unless affirm by 75. Reformation, which is the rehabilitation component of the
the CENTURIATE ASSEMBLY BuCor’s present corrections system, shall refer to the acts
30. STOCKS- device fastened to ankles, neck and wrist of which ensure the public (including families of inmates and
offender for long time their victims) that released national inmates are no longer
31. Aristotle-Nicomedia’s ethics “Punishment is a means of harmful to the community by becoming reformed
restoring the balance between pleasure and pain individuals prepared to live a normal and productive life
32. Pope Innocent VIII – issued a Papa Bull upon reintegration to the mainstream society.
33. Lateran Council year (1215) – allow used of torture
34. Joan of Arc “GOD”
35. Pope Leo I – first approved the killing
36. Priscillian – first recorded Christian put to death heretic He who is not courageous enough to take risk will accomplish
37. Orleans, France (1022) – thirteen heretics nothing in life.
38. Pope Gregory IX – Encyclical “Excommunicamus”
39. Innocent IV – Introduce torture
- Mohammad Ali
40. King Henry VIII – corporal punishment

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It is a universal fact that the more we read the greater will be our
chance to pass the exam.

- Anonymous

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