MODULE 1
HISTORY OF PENOLOGY
The Interplay of Criminology – Penology – Law
- Criminal Justice. Philosophy and Theories of
Penology. Early Theories, History and Forms of
Punishment and Penalty.
Criminology is a body of crime as a social
phenomenon. It includes within the scope, the
making of laws, breaking of laws and the
reactions toward the breaking laws.
The scientific study of causes of crime in
relation to man in society who set and define
rules and regulations for himself and others to
govern.  1. Classical School of Thought
The study of criminology evolves man and
social forces through the passage and
enactment of laws, maintenance of peace and
order, and the imposition of punishment by the
government whose law has been violated.
The study of criminology has three (3)
principal divisions, namely:
Criminal Etiology – which attempts at
scientific analysis of the causes of crime.
Sociology of Law – which is an attempt at
scientific analysis of the causes of crime.
Penology – which is concerned with the
control and prevention of crime and the
treatment of PERSON DEPRIVED OF
LIBERTY(PDL)
Penology derived from latin word “Poena –
pain or suffering”
Penology is the division of criminology that
focuses on the philosophy and practice of
society in its efforts to repress criminal
activities.  they were more concerned and interested in
The principal goals of penal science are:
 To bring to light the ethical bases of
punishment, along with the reasons and
purposes of society in inflicting it
 To make relatives study of penal laws
and procedures through history and
between nations
 To evaluate social consequences of the
policies in force at a given time
The philosophy of punishment and penology is
the doctrine of the “individualization of
punishment”—that is to say, of the
punishment of the individual rather than of the
crime committed by him, which is of
commanding importance in present-day
penology—is only a development of this
fundamental principle of the neoclassical
school. (Institutional Corrections, Jail and
Management by Dean Ricardo M. Guevarra)
THEORETICAL FOUNDATIONS IN DEALING
WITH CRIMINALS
2. Neo-Classical School of Thought
3. Positive School of Thought
The Classical and Italian (Positivist) School
of Criminology 
History would tell us that the Classical and
Italian (Positivist) School plays a vital role
in shaping the correctional systems of England,
U.S.A., and the rest of the modern
world. Notable authorities in criminology, such
as Hagan (2013) and Barlow (2009), to name
a few, join in acknowledging such
contributions:
Classical School
The Classical School of Criminology, which
was developed in the 18th century and reflected
in the writings of Cesare Beccaria (Father of
Penology) and Jeremy Betham, led the
movement of human rights and free will. Their
works were in response to the barbaric system
of law, justice, and punishment that was in
existence before 1789. Their interest lay in the
system of criminal justice and penology, and
law-making, legal processing, and penal
reformation.
 Let the punishment fit the crime.
 Philosophy of hedonism and free will.
 A swift and certain punishment for
criminal behavior is assumed that it will
deter people from committing crimes. 
 The basis of Criminal liability is human
free will. The purpose of punishment is
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 retribution and there is scant regard of
the human element.
 Advocated by Cesare Beccaria.
What is Hedonism?
 Argues that the pursuit of pleasure while
avoiding pain is the most important goal
in life.
 Main proponent of this theory is Jeremy
Bentham.
Neo-Classical School
The shortcomings of Classical School give the
opposition to lay their foundation
and the Italian School of Criminology
emerges in what was known also as the
Neo-Classical School. The leading
figures were Cesare Lombroso (Father
of Criminology), Raffaelle Garofalo and  exposed to.
Enrico Ferri and many called them
the “Holy Trinity of Criminology.”
 A modification of the classical
assumption where there was no
definition of free will.
 It argues that children and lunatic
person do not have free will. Thus, they
must be excluded to any punishment
since they do not know what is right
from wrong.
The Durham and M’Naghten Rule
Requires that criminal proceedings be
suspended, the offender be exempted from
criminal liability if it is determined that he/she
committed the crime as a result of mental
illness.
 Lombroso advocated humane
treatment of criminals, according to
their category and despises death
penalty.
 Ferri on the other hand, embraced
Lombroso’s criminal typology;
nevertheless, the emphasis of his
criminal typology was more on the
psychological and social factors as
predictors of crime.
 Garofalo classifies criminals on a
psychological basis. He preferred the
sociological definition of crime and
stated the crime is an act which offends
the basic sentiments of ‘pity’ and
‘probity’. He rejected the proposition of
the Classical School that punishment
should fit the criminals because they
have little control of their actions. (Non-
Institutional Correction by Marcelino
C. Cutamora, Jr.)\
Positive School of Thought
 Let the treatment fit the criminal.
 People cannot be held accountable for
their actions because of factors beyond
their control as man’s freewill can be
influenced and dictated by physical,
psychological and environmental
conditions.
 The basis of Criminal liability is the sum
total of nature, environment and
economic factor that an offender is
 The purpose of punishment is correction
and reformation
 Advocated by Cesare Lombroso.
Ancient Forms of Prison Discipline
1.Hard Labor – productive works
2.Deprivation – deprivation of anything except
the essentials of existence.
3.Monotony – requiring prisoners to do same
boring daily routine.
4.Uniformity - fault of one is the fault of all.
5.Corporal punishment – imploring brutal
punishment
6.Isolation or solitary confinement – non-
communication, limited news, lone wolf.
7.Degradation - Uttering insulting words or
languages on the part of prison staff to
the prisoners to degrade or break the
confidence of prisoners.
Ancient Forms of Punishment
1.Death Penalty – by burning, beheading,
hanging, breaking, at the wheels, pillory
and other forms of medieval executions.
2.Physical Torture – By maiming, mutilation,
whipping and other inhumane or
barbaric forms of inflicting pain.
3.Social Degradation – Putting the offender
into shame or humiliation.
4.Banishment or exile – Sending or putting
away of an offender which was carried
out by prohibition against coming into a
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 specified territory such as an island to
where the offender has been removed.
Contemporary Forms of Punishment  guilt is admissible only when there is
1.Imprisonment – Putting the offender in
prison for the purpose of protecting the
public against criminal activities and at
the same time rehabilitating the prisoners
by inquiring them to undergo institutional
treatment.
2.Parole - A conditional release of a
prisoner after serving part of his/her
sentence in prison for the purpose of
gradually re-introducing him/her to free
life under the guidance and supervision
of a parole officer.
3.Probation – A disposition whereby a
defendant after conviction of an offense,
the penalty of which does not exceed
six years imprisonment, is released
subject to the conditions imposed by the
releasing court and under the supervision
of a probation officer.
4.Fine – An amount given as a compensation
for a criminal act.
5.Destierro – The penalty of banishing a
person from the place where he
committed a crime, prohibiting him to get
near or enter the 25-kilometer
perimeter.
HISTORY OF PRISONS
 1750 BC in Babylonia
 Concept of Justice known as “Lex
Taliones” meaning an eye for an eye
and a tooth for a tooth.
 However, not everybody is equal, justice
is based among social classes.
 Imposes stiffer punishment against
members of the upper class than
against offenders coming from the lower
rungs of society.   Founded in Greece around 400 BC by
Mosaic Code
 Only punishment that is largely based
on the Bible.
 Carried restitution because it allows
offender and the victim to come to a
settlement and to have such settlements
before a legal authority.
 Allowed extreme punishments such
as flogging or burning alive.
 However, accused are entitled to
freedom from torture and admission of
confirmatory testimony from another
witness.
 Most of American and European civil
and criminal justice system is based on
the Mosaic law. 
King Ur-Nammu’s Code
 Deferred the imposition of execution,
mutilation, or other savage penalties. 
 It holds the principle that offenders can
be punished and at the same time
compensate the victims by
reimbursing/paying whatever what
victim suffered as a result of the crime.
 Earliest practice of Restorative
Justice.
WHAT IS RESTORATIVE JUSTICE?
 The emerging trend in criminal justice as
it aims to re-establish the lost
relationship between the involved
parties in the crime.
 The goal is for them to share their
experience of what happened, to
discuss who was harmed by the crime
and how, and to create a consensus for
what the offender can do to repair the
harm from the offense.
 This may include a payment of money
given from the offender to the victim,
apologies and other amends, and other
actions to compensate those affected
and to prevent the offender from causing
future harm.
 Opposite of Retributive Justice which
focuses more on the punishment of
crime.
Nicomedian Ethics
Aristotle.
 Punishment is a means of restoring a
balance between pain and pleasure.”
 Greek form of punishment includes
stoning to death, burning alive and
breaking on the wheel.
 The Greeks were also the first society to
allow any citizen to prosecute the
offender under the name of the state.
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Greek Code of Draco
 A harsh code that provides the same
punishment for both the citizen and
slave as it incorporates primitive
concepts.
 Was enforced in ancient Greece in the
7th century.
The Burgundian Code
 Specified punishment according to
social class of offenders, dividing
them into nobles, middle class and
lower class and specifying the life of
each person according to social status.
Important Terminologies
Gaol - is the word for jail in England during the
old times.
Hulks – were abandoned or unusable ships
which were converted into prisons as a means
of relieving prison congestion when
transportation of prison was abandoned in
England. Known as “Floating Hells”
Galleys – Ships used for transportation to
penal colonies.
History of Correction in Europe
Bridewell -  a term for house of correction
which were used for locking up, whipping
beggars, prostitutes. The institution was built
around the acceptance of value of work and
formulation of habits of industry. Also known as
the England’s first House of Correction.
Jeremy Bentham and the Panopticon
 The greatest leader in the reform of
English penal laws.
 He believes that whatever punishment is
designed to negate whatever pleasure
or gain the criminal derives from the
crime, the crime rate would go down.
(Utilitarianism)
 The Panopticon prison was a prison
that consists of a large circular
building containing multi-cells around
the periphery allowing the guards to
observe the prisoners while they are in
their cells.  system resulted in substantial increase
 THE PANOPTICON PRISON
Mamertime Prison
 The only early Roman place of
confinement which is built under the
main sewer of Rome in 64 B.C.
HISTORY OF AMERICAN PRISON
 The Walnut Street Jail
 Considered as the first American
penitentiary.
 Use of imprisonment through solitary
confinement as the method of
combatting crime was established using
large rooms for inmates.
 Effort to reform those in prison and to
segregate according to age, sex and
the type of the offenses charged
against them.
Two Rival Prison System
in the U.S.A.
1.Auburn System
2.Pennsylvania System
The Auburn System
 Individual cellblocks to create an
environment to rehabilitate and reform
and to separate them from all contact
with corruption while teaching them
moral habits of order and regularity by
means of severe discipline. 
 Prisoners are confined in single cells at
night and work in congregate shops
during the day.
 During the morning inmates worked 10
hours a day for six weeks.
 Main proponent was Elam Lynds
 Also known as “Congregate System”.
The Pennsylvania System
 Each cell had a small exercise area to
allow prisoners to maintain physical and
mental uprightness.
 Prisoners are confined in single cells
day and night where they lived and
received religious instructions as
reading the Bible was compulsory.
 Because prisoners were driven mad by
the isolation and soon enough thus
in suicide and insanity.
 Also known as “Solitary System”.
Sing-Sing Prison
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  Became infamous all over the world
and was the plot of many movies of the
sing sing bath.
 The shower bath was a gadget so
constructed as to drop a volume of
water on the head of locked naked
offender. The force of icy cold water
hitting the head caused so much pain
and shock that prisoners immediately
sank into comas.
 The bath became frequent when
flogging was declared illegal.
The Age of Enlightenment
•18th century
Is the period of recognizing the human dignity.
It is the movement of reformation, the period of
introduction of certain reforms in the
correctional field by certain person gradually
changing the old philosophy to a more humane
treatment of prisoners with innovative
programs
The Reformers
1.William Penn – He is the first leader to
prescribe imprisonment as correctional
treatment for major offenders and the abolition
of death penalty.
- known as the “great prison reformer”
- concept of diversification.
2. Charles Montesiquieu – He believed that
harsh punishment would undermine morality
and that appealing to moral sentiments as a
better means of preventing crime.
3. Voltaire – He believed that fear of shame
was a deterrent to crime and fought the legality
of sanctioned torture.
4. John Howard – The sheriff of
Bedfordshire, England who devoted his life
and fortune to prison reform. He recommended
then following:
a. single cells for sleeping  Deals with the separation of PDL/inmate
b. segregation of women and youth  according to age, sex, medical condition
c.  abolition of fee system for which jailers
obtained money.
Alexander Maconochie – Introduced the
“Mark System” in Australia. A system in which
prisoner is required to earn a number of
marks based on good behaviour, labor and
study to entitle him for ticket of leave which
is equivalent for parole.
6. Manuel Montesimos – divided the number
of prisoners into companies and appointed
certain prisoners as petty officers.
7. Domets of France – established an
agricultural colony for delinquent boys.
8. Sir Evelyn Ruggles Brise – Opened the
Borstal Prison. It was considered to be the
best reform institution for young offenders
today.
9. Walter Crofton – Introduced the Irish
system. The equivalent of Mark System.
10. Zebulon Brockway –
Director/Superintendent of Elmira
Reformatory. It introduced programs like the
following: compulsory education for
prisoners, extensive use of casework and
parole.
The Elmira Reformatory
 Considered as the forerunner of
modern penology because it had all
the elements of a modern system.
 Started Parole in the U.S. in 1876. After
a 12-month record of good conduct, a
prisoner is already eligible for parole at
Elmira.
Is Classification and Diversification the
same?
Classification
 A method by which diagnosis, treatment,
planning and execution of treatment
programs are decided in individual
cases.
 Assigning the appropriate programs
according to the needs and existing
resources.
Diversification
and degree of custody. (ASID)
Five (5) Major Deployment of Prisoners
1.Northern Industrial Prison
 Located in the Northern part of the
United Sates.
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  The prisoners are made to perform
labor to earn revenues for the upkeep
of the facility and profit for state treasury.
 Uses three methods to benefit from
prison labor: a) contract b) state account
c) state-use
Contract System
 Prisoners are hired out to businessmen
or corporations on a daily basis for a set
of fees per head.
State Account
 Contractors provide the raw materials
and pay the state on a per-piece price
of each item produced or
manufactured.S
State Use System
 More risky venture but brings bigger
profit if managed properly by the state.  criminals who are likely to escape when
 State operates the business itself in all
aspect, construct the factory, buys all
the raw materials and handles the
marketing.  excitable. In this type of prison, riots
 State government then gets to keep all
the profits earned and absorbs all the
losses if it is clumsily handled.
2.Southern Agricultural Prison
 Located in the agricultural deep South of
United States.
This prison possess vast landholdings
and uses prison labor to produce
agricultural products.
 The harvest accrues to the benefit of the
state government where a part of
income is used to finance operating cost
of the facility. The plantations have
minimal facilities, therefore, inexpensive
to operate.
Implementation of “trustees”. The main
purpose is to utilize minimal
supervision convicts whose services of
guarding  the U.S. thru the Huber Act in
3.Chain Gangs
 Originally used on black inmates.
 Prisoners were brought out from penal
institutions and made to work in
reconstruction projects that were
damaged in the Civil War.  treatment programs were individualized
 To secure prisoners against escape
when they are working far from the
penal institutions, they were chained
together.
The Sweat Box
 Prisoners were put into a steel box in
the hot sun were used as
punishment.
 In the Philippines it is locally called
“plantsa”
4.Custody Oriented Prison
 Main goal is prison security and the
prevention of escapes and riots.
 Prisoners are punished by confining
them only to their cells and isolating
them from the rest of society.
 At present, this approach in Super
Maximum and Maximum facilities
where the occupants are hardened
given a little freedom of movement.
 The bad side of this approach is many
prisoners become bored, irritable and
generally occur.
5.Treatment Oriented Prison
 Main goal is prison security and the
prevention of escapes and riots.
 Prisoners are punished by confining
them only to their cells and isolating
them from the rest of society.
 At present, this approach in Super
Maximum and Maximum facilities where
the occupants are hardened criminals
who are likely to escape when given a
little freedom of movement.
 The bad side of this approach is many
prisoners become bored, irritable and
excitable. In this type of prison, riots
generally occur.
4. The Treatment Oriented Prison 
 Forerunner of Furlough Program in
Wisconsin.
 Involves a whole array of educational,
vocational, counselling and other
services. 
 In some well-off penal facilities
to suit specific treatment for every
inmate.
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Furlough Program
 Is when a prisoner is allowed to
leave prison and then return. Furloughs
can be escorted or unescorted. When
the prisoner has to be accompanied by
guards, often he is required to pay for
these expenses of the furlough.
 There is some evidence that furloughs
reduce recidivism, although there have
also been high-profile cases in which
furloughed prisoners committed crimes
while on furlough or returned late or
remained at large.
Corrections Corporation in America
(CCA)
 Dubbed as “Private Prison”.
 One of the first company to privately
operate correctional facilities.
 The movement towards privatization of
prisons is slowly emerging to serve as a
lower cost in operations.
 Today, prisons have started to privatize
its operations such as: food,
psychological testing, trainings for
inmates and security.
Stages in the History of Corrections
1.Age of Reformation
2.Age of Rehabilitation 
3.Age of Reintegration

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MODULE 2 for physical injuries, loss of property or money,
SENTENCING AND PENALTY and rarely, emotional distress. It can also be
a fine that covers some of the costs of the
criminal prosecution and punishment.
SPECIFIC AND GENERAL DETERENCE
Specific deterrence applies to an individual
defendant. When the government punishes an
CONSTITUTIONAL RIGHTS OF
individual defendant, he or she is theoretically
THE ACCUSED IN CRIMINAL CASE
less likely to commit another crime because of
 THE RIGHT TO ADEQUATE LEGAL
fear of another similar or worse punishment.
ASSISTANCE;
General deterrence   THE RIGHT, WHEN
applies to the public at large. When the public UNDER INVESTIGATION FOR THE
learns of an individual defendant’s punishment, COMMISSION OF AN
the public is theoretically less likely to commit a OFFENSE, TO BE INFORMED OF
crime because of fear of the punishment the HIS RIGHT TO REMAIN SILENT AND
defendant experienced. When the public TO HAVE A COUNSEL;
learns, for example, that an individual  THE RIGHT AGAINST USE OF
defendant was severely punished by a TORTURE, FORCE, VIOLENCE,
sentence of life in prison or the death penalty, THREAT,
this knowledge can inspire a deep fear of INTIMIDATION OR ANY OTHER
criminal prosecution. MEANS WHICH VITIATES THE FREE
WILL;
Incapacitation  THE RIGHT AGAINST BEING HELD IN
prevents future crime by removing the SECRET, INCOMMUNICADO, OR
defendant from society. Examples of SIMILAR FORCE OF SOLITARY
incapacitation are incarceration, house arrest, DETENTION;
or execution pursuant to the death penalty.  THE RIGHT TO BAIL AND
AGAINST EXCESSIVE BAIL;
Rehabilitation  THE RIGHT TO DUE PROCESS OF
prevents future crime by altering a defendant’s LAW;
behavior. Examples of rehabilitation include  THE RIGHT TO PRESUMPTION OF
educational and vocational programs, INNOCENCE;
treatment center placement, and counseling.  THE RIGHT TO BE HEARD BY
The court can combine rehabilitation with HIMSELF AND COUNSEL;
incarceration or with probation or parole. In  THE RIGHT TO BE INFORMED OF
some states, for example, nonviolent drug THE NATURE AND CAUSE OF THE
offenders must participate in rehabilitation in ACCUSATION AGAINST HIM;
combination with probation, rather than  THE RIGHT TO HAVE A SPEEDY,
submitting to incarceration (Ariz. Rev. Stat., IMPARTIAL, AND PUBLIC TRIAL;
2010). This lightens the load of jails and  THE RIGHT TO MEET THE
prisons while lowering recidivism, which WITNESSES FACE TO FACE;
means reoffending.  THE RIGHT TO HAVE COMPULSORY
PROCESS TO SECURE THE
Restitution ATTENDANCE OF
prevents future crime by punishing the WITNESSES AND THE
defendant financially. Restitution is when the PRODUCTION OF EVIDENCE IN HIS
court orders the criminal defendant to pay the BEHALF;
victim for any harm and resembles a civil  THE RIGHT AGAINST SELF-
litigation damages award. Restitution can be INCRIMINATION;
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  THE RIGHT AGAINST DETENTION BY
THE REASON OF POLITICAL BELIEFS
AND ASPIRATIONS ;
 THE RIGHT AGAINST EXCESSIVE
FINES;
 THE RIGHT AGAINST CRUEL,
DEGRADING OR INHUMAN
PUNISHMENT;
 THE RIGHT AGAINST INFLICTION OF
DEATH PENALTY EXCEPT FOR
HEINOUS CRIMES; AND  suspension is imposed as an accessory
 THE RIGHT AGAINST
DOUBLE JEOPARDY
CHAPTER TWO
CLASSIFICATION OF PENALTIES
ART. 25. PENALTIES WHICH MAY BE
IMPOSED. — THE PENALTIES WHICH MAY
BE IMPOSED ACCORDING TO THIS CODE,
AND THEIR DIFFERENT CLASSES, ARE
THOSE INCLUDED IN THE FOLLOWING:
Art. 26. When afflictive, correctional, or
light penalty. — A fine, whether imposed as a
single of as an alternative penalty, shall be
considered an afflictive penalty, if it exceeds
6,000 pesos; a correctional penalty, if it
does not exceed 6,000 pesos but is not less
than 200 pesos; and a light penalty if it less
than 200 pesos.
CHAPTER THREE
DURATION AND EFFECTS OF PENALTIES
Section One. — Duration of Penalties
Art. 27. Reclusion perpetua. — Any person
sentenced to any of the perpetual penalties
shall
be pardoned after undergoing the penalty
for
thirty years, unless such person by reason of
his conduct or some other serious cause shall
be considered by the Chief Executive as
unworthy of pardon.
Reclusion temporal. — The penalty of
reclusion temporal shall be from twelve years
and one day to twenty years.
Prision mayor and temporary
disqualification. — The duration of the
penalties of prision mayor and temporary
disqualification shall be from six years and
one day to twelve years, except when the
penalty of disqualification is imposed as an
accessory penalty, in which case its duration
shall be that of the principal penalty.
Prision correccional, suspension, and
destierro. — The duration of the penalties of
prision correccional, suspension and
destierro shall be from (6) months and
one(1) day to six(6) years, except when
penalty, in which case, its duration shall be that
of the principal penalty.
Arresto mayor. — The duration of the penalty
of arresto mayor shall be from one month and
one day to six months.
Arresto menor. — The duration of the penalty
of arresto menor shall be from one day to
thirty days.
Bond to keep the peace. — The bond to keep
the peace shall be required to cover such
period of time as the court may determine.
Art. 28. Computation of penalties. — If the
offender shall be in prison, the term of the
duration of the temporary penalties shall be
computed from the day on which the judgment
of conviction shall have become final.
If the offender be not in prison, the term of the
duration of the penalty consisting of deprivation
of liberty shall be computed from the day that
the offender is placed at the disposal of the
judicial authorities for the enforcement of the
penalty. The duration of the other penalties
shall be computed only from the day on which
the defendant commences to serve his
sentence.
Art. 29. Period of preventive imprisonment
deducted from term of imprisonment. —
Offenders who have undergone preventive
imprisonment shall be credited in the service of
their sentence consisting of deprivation of
liberty, with the full time during which they have
undergone preventive imprisonment, if the
detention prisoner agrees voluntarily in writing
to abide by the same disciplinary rules
imposed upon convicted prisoners, except in
the following cases:
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1. When they are recidivists or have been
convicted previously twice or more times of
any crime; and
2. When upon being summoned for the
execution of their sentence they have failed
to surrender voluntarily.
If the detention prisoner does not agree to
abide by the same disciplinary rules imposed
upon convicted prisoners, he shall be credited
in the service of his sentence with four-fifths of
the time during which he has undergone
preventive imprisonment. (As amended by
Republic Act 6127, June 17, 1970).
Whenever an accused has undergone
preventive imprisonment for a period equal to
or more than the possible maximum
imprisonment of the offense charged to which
he may be sentenced and his case is not yet
terminated, he shall be released immediately
without prejudice to the continuation of the trial
thereof or the proceeding on appeal, if the
same is under review. In case the maximum
penalty to which the accused may be
sentenced is destierro, he shall be released
after thirty (30) days of preventive
imprisonment. (As amended by E.O. No. 214,
July 10, 1988).
Section Two. — Effects of the penalties
according to their respective nature
Art. 30. Effects of the penalties of perpetual
or temporary absolute disqualification. —
The penalties of perpetual or temporary
absolute disqualification for public office shall
produce the following effects:
1. The deprivation of the public offices and
employments which the offender may have
held even if conferred by popular election.
2. The deprivation of the right to vote in any
election for any popular office or to be
elected to such office.
3. The disqualification for the offices or public
employments and for the exercise of any of
the rights mentioned. In case of temporary
disqualification, such disqualification as is
comprised in paragraphs 2 and 3 of these
articles shall last during the term of the
sentence.
4. The loss of all rights to retirement pay or
other pension for any office formerly held.
Art. 31. Effect of the penalties of perpetual
or temporary special disqualification. —
The penalties of perpetual or temporal
special disqualification for public office,
profession or calling shall produce the
following effects:
1. The deprivation of the office, employment,
profession or calling affected;
2. The disqualification for holding similar offices
or employments either perpetually or during
the term of the sentence according to the
extent of such disqualification
32. Effect of the penalties of perpetual or
temporary special disqualification for the
exercise of the right of suffrage. — The
perpetual or temporary special disqualification
for the exercise of the right of suffrage shall
deprive the offender perpetually or during the
term of the sentence, according to the nature
of said penalty, of the right to vote in any
popular election for any public office or to be
elected to such office. Moreover, the offender
shall not be permitted to hold any public office
during the period of his disqualification.
Art. 33. Effects of the penalties of
suspension from any public office,
profession or calling, or the right of
suffrage. — The suspension from public office,
profession or calling, and the exercise of the
right of suffrage shall disqualify the offender
from holding such office or exercising such
profession or calling or right of suffrage during
the term of the sentence.
The person suspended from holding public
office shall not hold another having similar
functions during the period of his suspension.
Art. 34. Civil interdiction. — Civil interdiction
shall deprive the offender during the time of his
sentence of the rights of parental authority, or
guardianship, either as to the person or
property of any ward, of marital authority, of the
right to manage his property and of the right to
dispose of such property by any act or any
conveyance inter vivos.
10
Art. 35. Effects of bond to keep the peace.
— It shall be the duty of any person sentenced
to give bond to keep the peace, to present two
sufficient sureties who shall undertake that
such person will not commit the offense sought
to be prevented, and that in case such offense
be committed they will pay the amount
determined by the court in the judgment, or
otherwise to deposit such amount in the office
of the clerk of the court to guarantee said
undertaking.
The court shall determine, according to its
discretion, the period of duration of the bond.
Should the person sentenced fail to give the
bond as required he shall be detained for a
period which shall in no case exceed six
months, is he shall have been prosecuted for a
grave or less grave felony, and shall not
exceed thirty days, if for a light felony.
Art. 36. Pardon; its effect. — A pardon shall
not work the restoration of the right to hold
public office, or the right of suffrage, unless
such rights be expressly restored by the terms
of the pardon.
A pardon shall in no case exempt the culprit
from the payment of the civil indemnity
imposed upon him by the sentence.
Art. 37. Cost; What are included. — Costs
shall include fees and indemnities in the course
of the judicial proceedings, whether they be
fixed, or unalterable amounts previously
determined by law or regulations in force or
amounts not subject to schedule.
Art. 38. Pecuniary liabilities; Order of
payment. — In case the property of the
offender should not be sufficient for the
payment of all his pecuniary liabilities, the
same shall be met in the following order:
1. The reparation of the damage caused.
2. Indemnification of consequential damages.
3. The fine.
4. The cost of the proceedings.
Art. 39. Subsidiary penalty. — If the convict
has no property with which to meet the fine
mentioned in the paragraph 3 of the nest
preceding article, he shall be subject to a
subsidiary personal liability at the rate of one
day for each eight pesos, subject to the
following rules:
1. If the principal penalty imposed be prision
correctional or arresto and fine, he shall remain
under confinement until his fine referred to in
the preceding paragraph is satisfied, but his
subsidiary imprisonment shall not exceed one-
third of the term of the sentence, and in no
case shall it continue for more than one year,
and no fraction or part of a day shall be
counted against the prisoner.
2. When the principal penalty imposed be only
a fine, the subsidiary imprisonment shall not
exceed six months, if the culprit shall have
been prosecuted for a grave or less grave
felony, and shall not exceed fifteen days, if for
a light felony.
3. When the principal imposed is higher than
prision correccional, no subsidiary
imprisonment shall be imposed upon the
culprit.
4. If the principal penalty imposed is not to be
executed by confinement in a penal institution,
but such penalty is of fixed duration, the
convict, during the period of time established in
the preceding rules, shall continue to suffer the
same deprivations as those of which the
principal penalty consists.
5. The subsidiary personal liability which the
convict may have suffered by reason of his
insolvency shall not relieve him, from the fine in
case his financial circumstances should
improve. (As amended by RA 5465, April 21,
1969).
Section Three. — Penalties in which other
accessory penalties
are inherent
Art. 40. Death; Its accessory penalties. —
The death penalty, when it is not executed by
reason of commutation or pardon shall carry
with it that of perpetual absolute disqualification
and that of civil interdiction during thirty years
following the date sentence, unless such
accessory penalties have been expressly
remitted in the pardon.
Art. 41. Reclusion perpetua and reclusion
temporal; Their accessory penalties. — The
11
penalties of reclusion perpetua and reclusion
temporal shall carry with them that of civil
interdiction for life or during the period of the
sentence as the case may be, and that of
perpetual absolute disqualification which the
offender shall suffer even though pardoned as
to the principal penalty, unless the same shall
have been expressly remitted in the pardon.
Art. 42. Prision mayor; Its accessory
penalties. — The penalty of prision mayor,
shall carry with it that of temporary absolute
disqualification and that of perpetual special
disqualification from the right of suffrage which
the offender shall suffer although pardoned as
to the principal penalty, unless the same shall
have been expressly remitted in the pardon.
Art. 43. Prision correccional; Its accessory
penalties. — The penalty of prision
correccional shall carry with it that of
suspension from public office, from the right to
follow a profession or calling, and that of
perpetual special disqualification from the right
of suffrage, if the duration of said imprisonment
shall exceed eighteen months. The offender
shall suffer the disqualification provided in the
article although pardoned as to the principal
penalty, unless the same shall have been
expressly remitted in the pardon.
Art. 44. Arresto; Its accessory penalties. —
The penalty of arresto shall carry with it that of
suspension of the right too hold office and the
right of suffrage during the term of the
sentence.
Art. 45. Confiscation and forfeiture of the
proceeds or instruments of the crime. —
Every penalty imposed for the commission of a
felony shall carry with it the forfeiture of the
proceeds of the crime and the instruments or
tools with which it was committed.
Such proceeds and instruments or tools shall
be confiscated and forfeited in favor of the
Government, unless they be property of a third
person not liable for the offense, but those
articles which are not subject of lawful
commerce shall be destroyed.
CHAPTER FOUR
APPLICATION OF PENALTIES
Section One. — Rules for the application of
penalties to the persons criminally liable
and for the graduation of the same.
Art. 46. Penalty to be imposed upon
principals in general. — The penalty
prescribed by law for the commission of a
felony shall be imposed upon the principals in
the commission of such felony.
Whenever the law prescribes a penalty for a
felony is general terms, it shall be understood
as applicable to the consummated felony.
Art. 47. In what cases the death penalty
shall not be imposed. — The death penalty
shall be imposed in all cases in which it must
be imposed under existing laws, except in the
following cases:
1. When the guilty person be more than
seventy years of age.
2. When upon appeal or revision of the case by
the Supreme court, all the members thereof
are not unanimous in their voting as to the
propriety of the imposition of the death penalty.
For the imposition of said penalty or for the
confirmation of a judgment of the inferior court
imposing the death sentence, the Supreme
Court shall render its decision per curiam,
which shall be signed by all justices of said
court, unless some member or members
thereof shall have been disqualified from taking
part in the consideration of the case, in which
even the unanimous vote and signature of only
the remaining justices shall be required.
Art. 48. Penalty for complex crimes. —
When a single act constitutes two or more
grave or less grave felonies, or when an
offense is a necessary means for committing
the other, the penalty for the most serious
crime shall be imposed, the same to be applied
in its maximum period.
Art. 49. Penalty to be imposed upon the
principals when the crime committed is
different from that intended. — In cases in
which the felony committed is different from
that which the offender intended to commit, the
following rules shall be observed:
1. If the penalty prescribed for the felony
committed be higher than that corresponding to
the offense which the accused intended to
12
commit, the penalty corresponding to the latter
shall be imposed in its maximum period.
2. If the penalty prescribed for the felony
committed be lower than that corresponding to
the one which the accused intended to commit,
the penalty for the former shall be imposed in
its maximum period.
3. The rule established by the next preceding
paragraph shall not be applicable if the acts
committed by the guilty person shall also
constitute an attempt or frustration of another
crime, if the law prescribes a higher penalty for
either of the latter offenses, in which case the
penalty provided for the attempted or the
frustrated crime shall be imposed in its
maximum period.
Art. 50. Penalty to be imposed upon
principals of a frustrated   crime. — The
penalty next lower in degree than that
prescribed by law for the consummated felony
shall be imposed upon the principal in a
frustrated felony.
Art. 51. Penalty to be imposed upon
principals of attempted crimes. — A penalty
lower by two degrees than that prescribed by
law for the consummated felony shall be
imposed upon the principals in an attempt to
commit a felony.
Art. 52. Penalty to be imposed upon
accomplices in consummated crime— The
penalty next lower in degree than that
prescribed by law for the consummated shall
be imposed upon the accomplices in the
commission of a consummated felony.
Art. 53. Penalty to be imposed upon
accessories to the commission of a
consummated felony. — The penalty lower
by two degrees than that prescribed by law for
the consummated felony shall be imposed
upon the accessories to the commission of a
consummated felony.
Art. 54. Penalty to imposed upon
accomplices in a frustrated   crime. — The
penalty next lower in degree than prescribed
by law for the frustrated felony shall be
imposed upon the accomplices in the
commission of a frustrated felony.
Art. 55. Penalty to be imposed upon
accessories of a frustrated   crime. — The
penalty lower by two degrees than that
prescribed by law for the frustrated felony shall
be imposed upon the accessories to the
commission of a frustrated felony.
Art. 56. Penalty to be imposed upon
accomplices in an attempted crime. - The
penalty next lower in degree than that
prescribed by law for an attempt to commit a
felony shall be imposed upon the accomplices
in an attempt to commit the felony.
Art. 57. Penalty to be imposed upon
accessories of an attempted crime. — The
penalty lower by two degrees than that
prescribed by law for the attempted felony shall
be imposed upon the accessories to the
attempt to commit a felony.
Art. 58. Additional penalty to be imposed
upon certain accessories.— Those
accessories falling within the terms of
paragraphs 3 of Article 19 of this Code who
should act with abuse of their public functions,
shall suffer the additional penalty of absolute
perpetual disqualification if the principal
offender shall be guilty of a grave felony, and
that of absolute temporary disqualification if he
shall be guilty of a less grave felony.
Art. 59. Penalty to be imposed in case of
failure to commit the crime because the
means employed or the aims sought are
impossible. — When the person intending to
commit an offense has already performed the
acts for the execution of the same but
nevertheless the crime was not produced by
reason of the fact that the act intended was by
its nature one of impossible accomplishment or
because the means employed by such person
are essentially inadequate to produce the
result desired by him, the court, having in mind
the social danger and the degree of criminality
shown by the offender, shall impose upon him
the penalty of arresto mayor or a fine from 200
to 500 pesos.
Art. 60. Exception to the rules established
in Articles 50 to 57. — The provisions
contained in Articles 50 to 57, inclusive, of this
Code shall not be applicable to cases in which
the law expressly prescribes the penalty
provided for a frustrated or attempted felony, or
13
to be imposed upon accomplices or
accessories.
Art. 61. Rules for graduating penalties. —
For the purpose of graduating the penalties
which, according to the provisions of Articles
50 to 57, inclusive, of this Code, are to be
imposed upon persons guilty as principals of
any frustrated or attempted felony, or as
accomplices or accessories, the following rules
shall be observed:
1. When the penalty prescribed for the felony is
single and indivisible, the penalty next lower in
degrees shall be that immediately following
that indivisible penalty in the respective
graduated scale prescribed in Article 71 of this
Code.
2. When the penalty prescribed for the crime is
composed of two indivisible penalties, or of one
or more divisible penalties to be impose to their
full extent, the penalty next lower in degree
shall be that immediately following the lesser of
the penalties prescribed in the respective
graduated scale.
3. When the penalty prescribed for the crime is
composed of one or two indivisible penalties
and the maximum period of another divisible
penalty, the penalty next lower in degree shall
be composed of the medium and minimum
periods of the proper divisible penalty and the
maximum periods of the proper divisible
penalty and the maximum period of that
immediately following in said respective
graduated scale.
4. when the penalty prescribed for the crime is
composed of several periods, corresponding to
different divisible penalties, the penalty next
lower in degree shall be composed of the
period immediately following the minimum
prescribed and of the two next following, which
shall be taken from the penalty prescribed, if
possible; otherwise from the penalty
immediately following in the above mentioned
respective graduated scale.
5. When the law prescribes a penalty for a
crime in some manner not especially provided
for in the four preceding rules, the courts,
proceeding by analogy, shall impose
corresponding penalties upon those guilty as
principals of the frustrated felony, or of attempt
to commit the same, and upon accomplices
and accessories.
Section Two. — Rules for the application of
penalties with regard to the mitigating and
aggravating circumstances, and habitual
delinquency.
Art. 62. Effect of the attendance of
mitigating or aggravating circumstances
and of habitual delinquency. — Mitigating or
aggravating circumstances and habitual
delinquency shall be taken into account for the
purpose of diminishing or increasing the
penalty in conformity with the following rules:
1. Aggravating circumstances which in
themselves constitute a crime specially
punishable by law or which are included by the
law in defining a crime and prescribing the
penalty therefor shall not be taken into account
for the purpose of increasing the penalty.
2. The same rule shall apply with respect to
any aggravating circumstance inherent in the
crime to such a degree that it must of necessity
accompany the commission thereof.
3. The same rule shall apply with respect to
any aggravating circumstance inherent in the
crime to such a degree that it must of necessity
accompany the commission thereof
4. Aggravating or mitigating circumstances
which arise from the moral attributes of the
offender, or from his private relations with the
offended party, or from any other personal
cause, shall only serve to aggravate or mitigate
the liability of the principals, accomplices and
accessories as to whom such circumstances
are attendant.chanrobles virtual law library
5. The circumstances which consist in the
material execution of the act, or in the means
employed to accomplish it, shall serve to
aggravate or mitigate the liability of those
persons only who had knowledge of them at
the time of the execution of the act or their
cooperation therein.chanrobles virtual law
library
6. Habitual delinquency shall have the
following effects:
 
(a) Upon a third conviction the culprit shall be
sentenced to the penalty provided by law for
14
the last crime of which he be found guilty and
to the additional penalty of prision correccional
in its medium and maximum periods;
(b) Upon a fourth conviction, the culprit shall be
sentenced to the penalty provided for the last
crime of which he be found guilty and to the
additional penalty of prision mayor in its
minimum and medium periods; and
(c) Upon a fifth or additional conviction, the
culprit shall be sentenced to the penalty
provided for the last crime of which he be
found guilty and to the additional penalty of
prision mayor in its maximum period to
reclusion temporal in its minimum period.
Notwithstanding the provisions of this article,
the total of the two penalties to be imposed
upon the offender, in conformity herewith, shall
in no case exceed 30 years.
For the purpose of this article, a person shall
be deemed to be habitual delinquent, is within
a period of ten years from the date of his
release or last conviction of the crimes of
serious or less serious physical injuries, robo,
hurto, estafa or falsification, he is found guilty
of any of said crimes a third time or oftener.
Art. 63. Rules for the application of
indivisible penalties. — In all cases in which
the law prescribes a single indivisible penalty, it
shall be applied by the courts regardless of any
mitigating or aggravating circumstances that
may have attended the commission of the
deed.
In all cases in which the law prescribes a
penalty composed of two indivisible penalties,
the following rules shall be observed in the
application thereof:
1. When in the commission of the deed there is
present only one aggravating circumstance,
the greater penalty shall be applied.
2. When there are neither mitigating nor
aggravating circumstances and there is no
aggravating circumstance, the lesser
penalty shall be applied.
3. When the commission of the act is attended
by some mitigating circumstances and
there is no aggravating circumstance, the
lesser penalty shall be applied.
4. When both mitigating and aggravating
circumstances attended the commission of
the act, the court shall reasonably allow
them to offset one another in consideration
of their number and importance, for the
purpose of applying the penalty in
accordance with the preceding rules,
according to the result of such
compensation
Art. 64. Rules for the application of
penalties which contain three periods. — In
cases in which the penalties prescribed by law
contain three periods, whether it be a single
divisible penalty or composed of three different
penalties, each one of which forms a period in
accordance with the provisions of Articles 76
and 77, the court shall observe for the
application of the penalty the following rules,
according to whether there are or are not
mitigating or aggravating circumstances:
1. When there are neither aggravating nor
mitigating circumstances, they shall impose
the penalty prescribed by law in its medium
period.
2. When only a mitigating circumstance is
present in the commission of the act, they
shall impose the penalty in its minimum
period
3. When an aggravating circumstance is
present in the commission of the act, they
shall impose the penalty in its maximum
period.
4. When both mitigating and aggravating
circumstances are present, the court shall
reasonably offset those of one class against
the other according to their relative weight.
5. When there are two or more mitigating
circumstances and no aggravating
circumstances are present, the court shall
impose the penalty next lower to that
prescribed by law, in the period that it may
deem applicable, according to the number
and nature of such circumstances.
6. Whatever may be the number and nature of
the aggravating circumstances, the courts
15
 shall not impose a greater penalty than that
prescribed by law, in its maximum period.
7. Within the limits of each period, the court
shall determine the extent of the penalty
according to the number and nature of the
aggravating and mitigating circumstances
and the greater and lesser extent of the evil
produced by the crime
Art. 65. Rule in cases in which the penalty
is not composed of three periods. — In
cases in which the penalty prescribed by law is
not composed of three periods, the courts shall
apply the rules contained in the foregoing
articles, dividing into three equal portions of
time included in the penalty prescribed, and
forming one period of each of the three
portions.
Art. 66. Imposition of fines. — In imposing
fines, the courts may fix any amount within the
limits established by law; in fixing the amount
in each case attention shall be given, not only
to the mitigating and aggravating
circumstances, but more particularly to the
wealth or means of the culprit
Art. 67. Penalty to be imposed when not all
the requisites of exemption of the fourth
circumstance of Article 12 are present.—
When all the conditions required in
circumstances Number 4 of Article 12 of this
Code to exempt from criminal liability are not
present, the penalty of arresto mayor in its
maximum period to prision correccional in its
minimum period shall be imposed upon the
culprit if he shall have been guilty of a grave
felony, and arresto mayor in its minimum and
medium periods, if of a less grave felony.
Art. 68. Penalty to be imposed upon a
person under eighteen years of age. —
When the offender is a minor under eighteen
years and his case is one coming under the
provisions of the paragraphs next to the last of
Article 80 of this Code, the following rules shall
be observed:
1. Upon a person under fifteen but over nine
years of age, who is not exempted from
liability by reason of the court having
declared that he acted with discernment, a
discretionary penalty shall be imposed, but
always lower by two degrees at least than
that prescribed by law for the crime which
he committed.
2. Upon a person over fifteen and under
eighteen years of age the penalty next
lower than that prescribed by law shall be
imposed, but always in the proper period.
Art. 69. Penalty to be imposed when the
crime committed is not wholly excusable.
— A penalty lower by one or two degrees than
that prescribed by law shall be imposed if the
deed is not wholly excusable by reason of the
lack of some of the conditions required to
justify the same or to exempt from criminal
liability in the several cases mentioned in
Article 11 and 12, provided that the majority of
such conditions be present. The courts shall
impose the penalty in the period which may be
deemed proper, in view of the number and
nature of the conditions of exemption present
or lacking.
Art. 70. Successive service of sentence. —
When the culprit has to serve two or more
penalties, he shall serve them simultaneously if
the nature of the penalties will so permit
otherwise, the following rules shall be
observed:
In the imposition of the penalties, the order of
their respective severity shall be followed so
that they may be executed successively or as
nearly as may be possible, should a pardon
have been granted as to the penalty or
penalties first imposed, or should they have
been served out.
For the purpose of applying the provisions of
the next preceding paragraph the respective
severity of the penalties shall be determined in
accordance with the following scale:
1. Death,
2. Reclusion perpetua,
3. Reclusion temporal,
4. Prision mayor,
5. Prision correccional,
6. Arresto mayor,
7. Destierro,
8. Arresto menor,
9. Public censure,
10.Fine
16
SCALE NO. 2
1. Perpetual absolute disqualification,
2. Temporal absolute disqualification
3. Suspension from public office, the right to
vote and be voted for, the right to follow a
profession or calling,
4. Public censure,
5. Fine.
Art. 72. Preference in the payment of the
civil liabilities. — The civil liabilities of a
person found guilty of two or more offenses
shall be satisfied by following the chronological
order of the dates of the judgments rendered
against him, beginning with the first in order of
time.
divided into three parts, forming three periods,
the minimum, the medium, and the maximum
in the manner shown in the following table:
Art. 77. When the penalty is a complex one
composed of three distinct penalties. — In
cases in which the law prescribes a penalty
composed of three distinct penalties, each one
shall form a period; the lightest of them shall be
the minimum the next the medium, and the
most severe the maximum period.
Whenever the penalty prescribed does not
have one of the forms specially provided for in
this Code, the periods shall be distributed,
applying by analogy the prescribed rules.

Section Three. — Provisions common in the CHAPTER FIVE

last two preceding sections EXECUTION AND SERVICE OF PENALTIES
Art. 73. Presumption in regard to the SECTION ONE. — GENERAL PROVISIONS
imposition of accessory penalties. — ART. 78. WHEN AND HOW A PENALTY IS
Whenever the courts shall impose a penalty TO BE EXECUTED. — NO PENALTY SHALL
which, by provision of law, carries with it other BE EXECUTED EXCEPT BY VIRTUE OF A
penalties, according to the provisions of FINAL JUDGMENT.
Articles 40, 41, 42, 43 and 44 of this Code, it
must be understood that the accessory A PENALTY SHALL NOT BE EXECUTED IN
penalties are also imposed upon the convict. ANY OTHER FORM THAN THAT
Art. 74. Penalty higher than reclusion PRESCRIBED BY LAW, NOR WITH ANY
perpetua in certain cases. — In cases in OTHER CIRCUMSTANCES OR INCIDENTS
which the law prescribes a penalty higher than THAN THOSE EXPRESSLY
another given penalty, without specially AUTHORIZED THEREBY.
designating the name of the former, if such
higher penalty should be that of death, the IN ADDITION TO THE PROVISIONS OF THE
same penalty and the accessory penalties of LAW, THE SPECIAL REGULATIONS
Article 40, shall be considered as the next PRESCRIBED FOR THE GOVERNMENT OF
higher penalty. THE INSTITUTIONS IN WHICH THE
Art. 75. Increasing or reducing the penalty PENALTIES ARE TO BE SUFFERED SHALL
of fine by one or more degrees. — BE OBSERVED WITH REGARD TO THE
Whenever it may be necessary to increase or CHARACTER OF THE WORK TO BE
reduce the penalty of fine by one or more PERFORMED, THE TIME OF ITS
degrees, it shall be increased or reduced, PERFORMANCE, AND OTHER INCIDENTS
respectively, for each degree, by one-fourth of CONNECTED THEREWITH, THE RELATIONS
the maximum amount prescribed by law, OF THE CONVICTS AMONG THEMSELVES
without however, changing the minimum. AND OTHER PERSONS, THE RELIEF
The same rules shall be observed with regard WHICH THEY MAY RECEIVE, AND
of fines that do not consist of a fixed amount THEIR DIET
but are made proportional.
Art. 76. Legal period of duration of divisible THE REGULATIONS SHALL MAKE
penalties. — The legal period of duration of PROVISION FOR THE SEPARATION OF THE
divisible penalties shall be considered as SEXES IN DIFFERENT INSTITUTIONS, OR

17
AT LEAST INTO DIFFERENT
DEPARTMENTS AND ALSO FOR THE
CORRECTION AND REFORM OF THE
CONVICTS.
Art. 79. Suspension of the execution and
service of the penalties in case of insanity.
— When a convict shall become insane or an
imbecile after final sentence has been
pronounced, the execution of said sentence
shall be suspended only with regard to the
personal penalty, the provisions of the second
paragraph of circumstance number 1 of Article
12 being observed in the corresponding cases.
If at any time the convict shall recover his
reason, his sentence shall be executed, unless
the penalty shall have prescribed in
accordance with the provisions of this Code.
The respective provisions of this section shall
also be observed if the insanity or imbecility
occurs while the convict is serving his
sentence.
Art. 80. Suspension of sentence of minor
delinquents. — Whenever a minor of either
sex, under sixteen years of age at the date of
the commission of a grave or less grave felony,
is accused thereof, the court, after hearing the
evidence in the proper proceedings, instead of
pronouncing judgment of conviction, shall
suspend all further proceedings and shall
commit such minor to the custody or care of a
public or private, benevolent or charitable
institution, established under the law of the
care, correction or education of orphaned,
homeless, defective, and delinquent children,
or to the custody or care of any other
responsible person in any other place subject
to visitation and supervision by the Director of
Public Welfare or any of his agents or
representatives, if there be any, or otherwise by
the superintendent of public schools or his
representatives, subject to such conditions as
are prescribed hereinbelow until such minor
shall have reached his majority age or for such
less period as the court may deem proper.
chan robles virtual law library
The court, in committing said minor as
provided above, shall take into consideration
the religion of such minor, his parents or next
of kin, in order to avoid his commitment to any
private institution not under the control and
supervision of the religious sect or
denomination to which they belong.chanrobles
virtual law library
The Director of Public Welfare or his duly
authorized representatives or agents, the
superintendent of public schools or his
representatives, or the person to whose
custody or care the minor has been committed,
shall submit to the court every four months and
as often as required in special cases, a written
report on the good or bad conduct of said
minor and the moral and intellectual progress
made by him.
The suspension of the proceedings against a
minor may be extended or shortened by the
court on the recommendation of the Director of
Public Welfare or his authorized representative
or agents, or the superintendent of public
schools or his representatives, according as to
whether the conduct of such minor has been
good or not and whether he has complied with
the conditions imposed upon him, or not. The
provisions of the first paragraph of this article
shall not, however, be affected by those
contained herein.
If the minor has been committed to the custody
or care of any of the institutions mentioned in
the first paragraph of this article, with the
approval of the Director of Public Welfare and
subject to such conditions as this official in
accordance with law may deem proper to
impose, such minor may be allowed to stay
elsewhere under the care of a responsible
person.
If the minor has behaved properly and has
complied with the conditions imposed upon him
during his confinement, in accordance with the
provisions of this article, he shall be returned to
18
the court in order that the same may order his
final release.
In case the minor fails to behave properly or to
comply with the regulations of the institution to
which he has been committed or with the
conditions imposed upon him when he was
committed to the care of a responsible person,
or in case he should be found incorrigible or his
continued stay in such institution should be
inadvisable, he shall be returned to the court in
order that the same may render the judgment
corresponding to the crime committed by him.
Section Two. — Execution of principal
penalties.
Art. 81. When and how the death penalty is
to be executed. — The death sentence shall
be executed with reference to any other and
shall consist in putting the person under
sentence to death by electrocution. The death
sentence shall be executed under the authority
of the Director of Prisons, endeavoring so far
as possible to mitigate the sufferings of the
person under sentence during electrocution as
well as during the proceedings prior to the
execution.
If the person under sentence so desires, he
shall be anaesthetized at the moment of the
electrocution.
Art. 82. Notification and execution of the
sentence and assistance to the culprit. —
The court shall designate a working day for the
execution but not the hour thereof; and such
designation shall not be communicated to the
offender before sunrise of said day, and the
execution shall not take place until after the
expiration of at least eight hours following the
notification, but before sunset. During the
interval between the notification and the
execution, the culprit shall, in so far as
possible, be furnished such assistance as he
may request in order to be attended in his last
moments by priests or ministers of the religion
he professes and to consult lawyers, as well as
in order to make a will and confer with
members of his family or persons in charge of
the management of his business, of the
administration of his property, or of the care of
his descendants.
Art. 83. Suspension of the execution of the
death sentence. — The death sentence shall
not be inflicted upon a woman within the three
years next following the date of the sentence or
while she is pregnant, nor upon any person
over seventy years of age. In this last case, the
death sentence shall be commuted to the
penalty of reclusion perpetua with the
accessory penalties provided in Article 40.
Art. 84. Place of execution and persons
who may witness the same. — The execution
shall take place in the penitentiary of Bilibid in
a space closed to the public view and shall be
witnessed only by the priests assisting the
offender and by his lawyers, and by his
relatives, not exceeding six, if he so requests,
by the physician and the necessary personnel
of the penal establishment, and by such
persons as the Director of Prisons may
authorize.
Art. 85. Provisions relative to the corpse of
the person executed and its burial. —
Unless claimed by his family, the corpse of the
culprit shall, upon the completion of the legal
proceedings subsequent to the execution, be
turned over to the institute of learning or
scientific research first applying for it, for the
purpose of study and investigation, provided
that such institute shall take charge of the
decent burial of the remains. Otherwise, the
Director of Prisons shall order the burial of the
body of the culprit at government expense,
granting permission to be present thereat to
the members of the family of the culprit and the
friends of the latter. In no case shall the burial
of the body of a person sentenced to death be
held with pomp.
Art. 86. Reclusion perpetua, reclusion
temporal, prision mayor, prision
correccional and arresto mayor. — The
penalties of reclusion perpetua, reclusion
temporal, prision mayor, prision correccional
and arresto mayor, shall be executed and
served in the places and penal establishments
provided by the Administrative Code in force or
which may be provided by law in the future.
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Art. 87. Destierro. — Any person sentenced to
destierro shall not be permitted to enter the
place or places designated in the sentence, nor
within the radius therein specified, which shall
be not more than 250 and not less than 25
kilometers from the place designated.
Art. 88. Arresto menor. — The penalty of
arresto menor shall be served in the municipal
jail, or in the house of the defendant himself
under the surveillance of an officer of the law,
when the court so provides in its decision,
taking into consideration the health of the
offender and other reasons which may seem
satisfactory to it.

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MODULE 3
INSTITUTIONAL CORRECTIONS
Refers to individuals housed, detained and
imprisoned in correctional facilities as well as
the agencies of the government involved in this
pillar of the Criminal Justice System.
Definition of Corrections
 Branch of the Criminal Justice System in
charge with the responsibility of custody,
supervision and rehabilitation of the
convicted offender.
 Operates as the society’s primary formal
dispenser of punishment
 It encompasses the broad category of
activities ranging from incarceration of
offenders to preparing them for their
eventual re-integration to society.
Concept of Correction
 Corrections takes over after a criminal is
convicted/found guilty. He can apply for
Probation or be turned over to a non-
institutional or institutional agency to
serve his sentence.
 The offender could also avail the
benefits of parole and excitive clemency
after he has served the minimum period
of his sentence.
 When the penalty is imprisonment, the
sentence is served in either the
municipal, provincial or national
penitentiary depending on the length of
sentence imposed.
Three agencies involved in Corrections
Pillar
 The Department of Justice
 The Department of Interior and Local
Government
 Department of Social Welfare and
Development
TYPES OF JAIL OR PRISON
Lockup – houses detainees for 48 hours at the
most or those awaiting investigation.
Municipal – PDL serving sentence of 1 day to
6 months.
City – PDL serving sentence of 1 day to 3
years.
Provincial – serving sentence of 6 months to 3
years.
Insular/National – prisoners servinmore thang
sentences of
TYPES OF JAIL ACCORDING TO
POPULATION
Type A Jail – 100 or more PDL
Type B Jail – 21 to 99 PDL
Type C Jail – 20 or less PDL
Three (3) kinds of escape as defined under
the RPC
 Evasion of service of sentence ( Art.
157)
 Evasion of service of sentence on the
occasion of disorder, conflagrations,
earthquakes, or other calamities. (Art.
158)
 Violation of conditional pardon (Art. 159)
Its relationship with other pillars of the CJS
 Corrections and the police =
Segregation and isolation of prisoners to
protect society are achieved thru joint
undertakings. Background investigation
for case referrals for probation and
parole applications.
 Corrections and the prosecution =
pertinent data and information
concerning criminal records and case
history is provided by the prosecution to
corrections officials.
 Corrections and the court = a
convicted person cannot be confined
without the necessary court orders.
(Mittimus/ commitment order)
 Corrections and the community =
lacking the acceptance of the
community towards the former convict
will likely result to isolation and
alienation of the offender which in turn
might force the himto commit another
crime.
Purposes of Modern Correction
 Retribution
 Deterrence
 Isolation
 Reformation
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  Rehabilitation
 Reformation
 Reintegration
Retribution
 Under the Philippine penal law, the
basis of criminal liability is freewill and
the purpose of punishment is retribution.
 Imprisonment is expected to make life
unpleasant for the people who, by their
crimes, made other lives unpleasant.
 Punishment inflicted on someone as
vengeance for a wrong or criminal act.
Deterrence
 Prison is expected to reform convicts
and effectively discourages others from
becoming criminals, thereby effectively
reducing crime rates as a result.
Isolation
 Segregates criminals from society
aimed at preventing the occurrence of
crime and protecting the public from
harm that criminals may inflict.
Reformation
 Involves the use of punitive and
disciplinary and measures to modify or
reform criminal behaviour especially
when deportment is not totally
responding to prison or jail programs.
Authorized disciplinary measures for
inmates
a. Admonition or verbal reprimand;
b. Restitution or reparation;
c. Additional job functions/community service
within the jail premises;
d. Temporary or permanent cancellation of
some or all recreational privileges;
e. Reduction of visiting time;
f. Close confinement in a cell for a period not
exceeding seven (7) days in any calendar
month, provided that this disciplinary action
shall be imposed only in the case of an
incorrigible inmate, and when other disciplinary
measures had been proven ineffective;
g. Transfer to another BJMP jail in the area in
coordination with the Court;
h. Suspension of visiting privileges for a period
not exceeding one (1) month, provided that this
sanction shall not apply to the lawyer,
physician or religious minister serving the
needs of the prisoner.
h. Permanent cancellation of visiting privileges
with respect to persons not included in the
definition of immediate family under RA 7438,
provided that this sanction shall not apply to
the lawyer, physician or religious minister
serving the needs of the prisoner.
i. In addition to the above-mentioned
punishment, the disciplinary board may
recommend to the warden partial or full
forfeiture of good conduct time allowance
(GCTA) to be earned for a particular month and
subsequent months depending upon the
gravity of the offense.
Rehabilitation
 Is based on the premise that through
correctional interventional (educational
and vocational training and
psychotherapeutic program) an offender
may be changed.
Reintegration
 The effort of correction to change
criminal behaviour should result in a
situation and ability on the part of the
penitent offender to return to society in
some productive and meaningful
capacity in free community.
PENOLOGY VS PENAL MANAGEMENT VS
CORRECTION
PENOLOGY
 The study of punishment for crime or of
criminals.
 The study and control/prevention of
crime through punishment of offenders.
 Derived from the Latin word “POENA”,
meaning pain or suffering.
PENAL MANAGEMENT
 Refers to manner of practice of
managing or controlling places of
confinement as in jails or prisons.
CORRECTION
 Weakest pillar of the CJS because of its
failure to deter individuals from
22
 committing crimes as well as the
reformation of inmates.
MODULE 4
PHILIPPINE CORRECTIONAL
SYSTEM
Early Development
On November 1, 1905, Reorganization act
1407 was passed into law mandating the
Philippine Commission to create the Bureau of
Prisons under the Department of Commerce
and Police. Later, Jurisdiction was assigned to
the Department of Instruction., the predecessor
of the Department of Education. Finally, to the
Department of Justice.
 Corrections in the Philippines started
during the pre-colonial times.
 It was only during the Spanish regime
that an organized corrective service was
made operational.
 When the Americans took over in the
1900’s, the Bureau of Prisons was
created under the Reorganization Act of
1905 (Act 1407 dated November 1905).
The Old Bilibid Prison
 Located in Oroquieta Street in Manila
which was established by a royal decree
in 1847. It was formally opened on April
10, 1866.
 The design of the prison was
constructed to in a radical spokes of a
wheel form. For easy command and
control, a central tower was placed at
the center of the spokes.
 At present, it still stands and is used as
the city jail of Manila.
 Otherwise known as “May Haligue
Estate”, at the nearby central market of
Manila.
The New Bilibid Prison
 The projected increase in population
prompted the then government to plan
and develop a new site for the national
penitentiary.
 The growing urbanization of Manila
fuelled the idea of transferring the Old
Bilibid Prison to a new site, located in
the outskirts of an urban center.
 Act Number 67 was enacted
appropriating one million pesos for the
construction of a new prison in
Muntinlupa.
 On November 15, 1940, all inmates of
Old Bilbid Prison were transferred to the
new site. The new institution had a
capacity of 3,000 prisoners and officially
named the New Bilibi Prison on January
22, 1941.
 It has an area of 587 hectares.
 Prison compound proper had an area of
300 x 300 or 9 hectares, surrounded by
three layers of barbed wires. 
 The first “tenants” of the institution were:
o Death convicts
o Inmate sentenced to life
imprisonment
o Numerous pending case
Multiple convictions
Sentenced to serve more than 20
years
 On January 22, 1941, the electric chair
was introduced to the bilibid. Today, it is
a security zone where those convicted
of drug offenses are held.
 The Medium Security Compound is
otherwise known as Camp Sampaguita.
Located 2.5 kilometres from the main
building.
 The Minimum Security Compound is
known as Camp Bukang Liwayway. It
also houses the Reception Diagnostic
Center (RDC).
 The prison specializes in industrial type
of vocational training. 
 (furniture shop, shoe repair, electronics,
watch repair)
 High school education was first offered
in 1956.
Reception and Diagnostic Center
 The RDC is an independent institution
tasked to receive, study, classify all
national prisoners committed by final
judgment to the National Penitentiary.
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  To further insulate the newly received
inmates from gang related exposures,
the Center was transferred to the
previous military command post
adjacent the Medium Security facility
where it is presently situated.
 The success of all prisons' rehabilitation
process depends on how the RDC
tackles the necessary orientation,
diagnosis and treatment programs of the
newly arrived inmates.
 By the time the inmate is ready for
transfer to any of the operating penal
institutions, he has overcome all his
fears and prejudices, has attained
considerable adjustment, and is
prepared to cooperate in the
implementation of his treatment
program.
Quarantine Unit/Cell
 Where prisoners are given thorough
physical examination including blood
test, x-ray and vaccination for purposes
of insuring that prisoner is not suffering
from any contagious disease which
might be transferred to other prisoners.  2.    Third Class Inmates- those with reduced
 Observations last for a minimum of 5
days
Contraband
 anything that is contrary to prison rules
and regulations. Many things
not considered as contraband in the
community are classified as contraband.
Likewise, what might not be a preceding his classification as such and has
contraband in an institution might be
considered a contraband in another.  good conduct in case of life sentence.
Prison discipline 
 is a continuing state of good order and
behaviour. In prison, it includes
maintenance of good standards of work,
sanitation, safety, education, health and
recreation. The main purpose of prison
discipline is to inculcate habits, attitudes
and values that will make the prisoner a
peaceful member of society upon
release.
BUREAU OF CORRECTION
CLASSIFICATION BOARD
Chairman – Penal Superintendent
Vice Chairman – Chief RDC
Members – Medical Officer, Chief Education
Section, Agro Industrial Section
Secretary – Chief Overseer
Classification of inmates according to
security status:
1. Maximum Security Compound – Those
sentenced to death, 20 years sentenced and
others who are considered dangerous or those
who are confined at RDC. (ORANGE)
2. Medium Security Compound – Those
sentenced below 20 years, 18 years of age
and others as recommended by
Superintendent. (BLUE)
3. Minimum Security Compound – those with
physical handicap, 65 years old and above and
not on appeal and without pending case. Those
who served ½ of their sentence excluding
GCTA and those with six (6) months to serve
before expiration of maximum sentence.
(BROWN)
Classification of inmates at the BUCOR
1. Detainee – those with pending case
sentence
3. Second Class Inmates- newly arrived
inmates
4. First Class Inmates- those promoted from
lower class to higher class.
5. Colonist – Classified as the first- class
inmates for atleast one year, immediately
served with conduct. Had served 7 years with
Privileges of Colonists
1.  Additional 5 days of GCTA for each month.
2. Automatic reduction of life imprisonment to
30 years.
3. Bring his family to the penal institution in
government expenses.
4. To wear civilian clothing on special
occasions as designated by the
Superintendent.
SEVEN (7) PENAL INSTITUTION OF   
BUREAU OF CORRECTION
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Correctional Institution for Women
 Correctional Institution for Women was
born via the signing of Act No. 3579
on November 1929, which authorized
the transfer of all-women inmates of the
Old Bilibid Prison in Manila to a new
facility.
 The Correctional Institution for Women
is a women's prison located in
Mandaluyong, Metro Manila,
Philippines. The prison is operated by
the Bureau of Corrections. The prison
first opened on an 18-hectare property
on February 14, 1931. Previously
women were held at the Old Bilibid
Prison.
The Sablayan Penal Colony
 Nearer to Manila than in other penal
colonies, Sablayan is located in
Occidental Mindoro and relatively new.
Established on September 26, 1954 by
virtue of Presidential Proclamation 27.
 The colony has 16, 190 hectares.
Records show that the first colonists and
employees arrived on January 15,
1955.  9,685 hectares; Montible with 8,000
 Three sub-colonies were later
organized.
 During the eruption of Mt. Pinatubo in
1991, the colony served as a relocation
site for refugees.
The Leyte Regional Prison
 Was established in Abuyog, Southern
Leyte, a year after the declaration of
Martial law by virtue of PD 28.
 It has an inmate capacity of 500. It
follows the same agricultural format as
the main format as the main correctional
program in addition to some
rehabilitation activities.
 The prison admits convicted offenders
from Region VI and frim national
penitentiary in Muntinlupa.
 It later became agricultural estate for
Cavendish Bananas.
Correctional Institute for Women
 In a committee report dated January 22,
1959, it was noted that “before a
separate building was constructed
especially for women prisoners, all
female convicts were confined at the
Old Bilibid Prison on Manila. The male
prisoners were confined in dormitories
near the women’s quarters. Because of
these, activities of the women were
limited to embroidery.”
 Thru negotiations of Prison Director
Ramon Victorio, the legislature passed
RA 3579 in November 1929. It
authorized the transfer of all women to a
building in Welfareville at Mandaluyong
and appropriated Php 60,000 for the
move. On February 14, 1931, all women
prisoners were transferred to buildings
constructed to them.
The Iwahig Penal Colony
 Established during the American
occupation in Puerto Princessa,
Palawan by Governor General Forbes.
 Inmates were divided into two groups:
settlers and colonists.
 Iwahig is divided into four zones or
districts: Central Sub-Colony with an
area of 14, 700 hectares; Sta. Lucia with
hectares and Inagawan with 13,000
hectares.
 Recent developments and presidential
proclamations have dramatically
reduced the size of the prison
reservation of Iwahig.
 One important feature of the colony is
the privilege of the colonist to have their
families transported here at the
government expense. Their family is
assigned a parcel of land to cultivate
and nourish.
 Administers Tagumpay Settlement
 1,000 hectares, a portion of which was
divided into six hectares which were
distributed to released inmates who
desired to live in the settlement.
 The Iwahig Prison and Penal Farm in
the Philippines is one of the world's
largest open-air jails. Instead of
concrete walls, the prison is surrounded
by a wire fence
25
San Ramon Prison and Penal Farm
 Was established in Southern
Zamboanga on August 21, 1870 during
the tenure of Governor General Ramon
Blanco.
 Considered the oldest penal facility in
the country.
 Dr. Jose Rizal was once a prisoner in
the institution.
 The colony became self-sufficient with
75,000 coconut trees. Aside from
coconuts, rice, corn, papaya and other
crops were also cultivated.
 Reorganization Act No. 1407
 November 1, 1905.
 Approved creating the Bureau of
Prisons under the Department of
Commerce and Police and integrating
the Old Bilibid Prison, San Ramon and
Iwahig Penal Colony. Likewise, the
Philippine Coconut authority took over
management of the coconut farm from
San Ramon.
Davao Penal Colony
 First penal settlement founded and
organized under Filipino Administration.
 Established on January 21, 1932, by
virtue of Act 3732.
 During World War II the colony was
converted into a concentration camp
where more than 1,000 Japanese
internees were committed by the
Philippine-American Armed Forces.
 At present, the institution is the main
source of income of the Bureau of
Corrections. It also has a joint venture
with Tagum Development Company with
3,000 hectare-banana plantations.

26