LECTURE NOTES INSTITUTIONAL CORRECTIONS AND REHABILITATION SYSTEM

INTRODUCTION

This reference on Correctional Administration covers the general concept of penology and corrections,
chronological presentation of the development of correctional theories and standards, punishment imposed in
early society, its evolution and development, and the present set-up of the Philippine Correctional System.

GENERAL CONCEPT

PENOLOGY is the study of punishment for crime or of criminal. It includes the study of control and
prevention of crime through punishment of offenders. It is derived from the Latin word “poena” which
means pain or suffering. It is also known as the Penal Science. It is actually the division of criminology that
deals with prison management and the treatment of offenders, and concerned itself with the philosophy and
practice of society in its effort to repress criminal activities.

CORRECTIONS is a branch of the Criminal Justice System (CJS) concerned with the custody, supervision
and rehabilitation of criminal offenders. It is the field of criminal justice system, which utilizes the body of
knowledge and practices of the government and the society in the general involving the processes of
handling individuals who have been convicted of offenses for purposes of crime prevention and control. The
CJS is the machinery of any government in the control and prevention of crimes and criminality. It is
composed of the law enforcement, prosecution, court, the correction, and community. Correction is
considered the “weakest pillar” because of its failure to deter individuals in committing crimes as well as the
reformation of inmates.

CORRECTIONAL ADMINISTRATION is the study and practice of a systematic management of jails or

prisons and other institutions concerned with the custody, treatment, and rehabilitation of criminal offenders.
As a process, it is the reorientation of the criminal offender to prevent him or her from repeating his
delinquent actions without the necessity of taking punitive action but rather introduction of individual
measures of reformation. This is also synonymous with Penal/ Jail Management, which is defined as the
manner or practice of managing or controlling places of confinement as in jails or prisons.

In Criminal Justice Education, it was been part of the university curriculum and divided into two subjects,
namely Correctional Administration I (Institutional Based Corrections) and the Correctional Administration
II (Non-institutional Based Corrections). While in Professional Regulatory Commission Criminology
Licensure Examination, it constitutes 10% of the Board Examination. This is given to a graduate of Bachelor
of Science in Criminology twice a year in designated place of examination.

HISTORY OF PUNISHMENT

Punishment is the redress that the state takes against an offending member of society that usually involves
pain and suffering. It is also the penalty imposed on an offender for a crime or wrongdoing. The justification
of punishment are: Retribution, meaning the punishment should be provided by the state whose sanction is
violated, or offenders should be punished because they deserve it; Expiation or Atonement, it is punishment
in the form of group vengeance where the purpose is to appease the offended public or group; Deterrence,
punishment gives lesson to the offender by showing to others what would happen to them if they violated the
law; Incapacitation and protection, the public will be protected if the offender has being held in conditions
where he cannot harm others especially the public by placing him in a prison; and Reformation or
Rehabilitation, it is the establishment of the usefulness and the responsibility of the offender to renew him
as a law-abiding citizen and productive member of the society upon his release.

In the Bible, when the Godhead discovered the plan of Lucifer to snatch the thrown of heaven from Him, He
thrown Lucifer and other angels out from heaven. It was the first display of punishment by God Himself.
Second, when Adam and Eve broke the law of God, they were also thrown out from the Garden of Eden.
Third, when Cain murdered his brother Abel, God punished him by placing mark on his brow. It was a
cursed of God upon him. Fourth, God punished groups of people for gross violating God’s Law. These were
the great flood which covered the Biblical World, wherein it rained for forty (40) days and nights, and only
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Noah, his family as well as the animals that were in the Ark survived and fifth, the destruction of fire and
brimstone at Sodom and Gomorrha.

Law of Vendetta, which means personal vengeance or revenge was the rule of the time when the world was
still uncivilized. A family whose member was murdered by a member of another family took justice in their
hand by murdering members of the opponent family. Retaliation or “blood feuds” sometimes resulted to a
much brutal results. This resulted to endless killing, which destroy the two warring families, clan or tribe.
Today, war between the terrorist and Muslim Arab Countries against the United States and its allies can be
cited as display of vendetta in civilized world.

Codification of Early Laws. History has shown that there are three main legal systems in the world, which
have been extended to and adopted by all countries aside from those that produced them, although there were
also other early codes which contributed to the history of penal system. In their chronological order, they are
the Roman, the Mohammedan or Arabic and the Anglo-American Laws. Among the three, it was Roman
Law that has the most lasting and most pervading influence. The Roman Law, which include the Criminal
Law, has offered the most adequate concepts which sharply define, in concise and consistent terminology,
mature rules and complete system, logical and firm, tempered with high sense of equity.

▪ KING-UR NAMMU CODE (2100 BC). In the City of UR, Ancient Sumeria, a Code named after
King Ur-Nammu decreed the imposition of restitution and at the same time savage penalties. It holds
the principle that offenders can be punished and at the same time to reimburse the victim for the
value of whatever has been taken or suffered by him as a result of crime. Retribution degraded the
offender and restitution elevated the status of the victim. This code does not carry the death penalty
because in case of death or physical injuries to the victim, punishment has to be confined only to the
financial consequence of the crime.

▪ HAMMURABIC CODE (1750 BC). In Babylonia, Hammurabic Code named after King
Hammurabi was enacted as the first formal laws that deals with the imposition of justice. The core
principle of this law is known as lex taliones (mean an eye for eye and tooth for a tooth). However,
lex taliones is a two-tiered concept of justice because not everybody is equal in the imposition of
punishment. It imposes a stiffer penalty against those who are rich and powerful than those belongs to
lower rungs of the society. Hammurabic Code, credited as the oldest code, has found its way in the
Manama Darma of India, Hermes Trismegitus of Egypt and Mosaic Code in the Bible
particularly the Book of Leviticus of the Old Testament.

▪ MOSAIC CODE. Although premised on the concept of retribution, also allow restitution because it
allows the offender and the victim to come to a settlement under mediation of the legal authorities.
The Mosaic Code allowed extreme punishment such as flogging and burning alive. Here are some of
early forms of punishment and its definitions: Flogging is whipping the culprit of cat of nine tails;
Branding is burning with red hot iron the first letter of his offense on his forehead or hand of the
culprit; Iron Maiden was a hollow form shaped like a human and made of an iron braced with iron
strips used in torturing suspect to admit the crime he committed. In this process, the more he denied,
the more he will sacrifice to death; and Milk and Honey – Mithridates, the Persian general was
tortured to death in this way. He was encased in a box from which his head, hands and feet protruded,
forcibly feed with milk and honey, which was also smeared to his face, and then exposed to the sun
for seventeen days. Through this, he suffered a horrible condition until he had been devoured alive by
insects and vermin which swarmed about him and bred within him.

▪ GREEK CODE OF DRACO, a code that provides the same punishment for both Greek citizens and
the slaves. The Greeks were the first to allow any citizen to prosecute the offender in the name of the
injured party. The punishments inflicted by Greek justice included stoning to death, which was also
practice by the Israelites and the Arabs. At present time, stoning to death is still practice by the
Fundamentalist Islamic Countries like the Afghanistan and Pakistan. Other form of punishment
imposed by the Greek justice is breaking on the wheel where the offender’s body is fastened by
metals bands to a board made of wood and then had their bones broken. Burning alive, strangling,
poisoning, banishment, branding, penal (imprisonment) slavery and payment of fines were other
forms of punishment imposed by Ancient Greek justice. The Greeks philosophized that their brand of
justice was not vengeful and retributive. They maintain that justice should reform the offender but
must also serve as deterrent to would-be violators. Deterrence refers to the terrorizing effect of
punishment inflicted on offender. While, Greek justice is slanted towards deterrence and not on
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vengeance and retribution, this concept only applies to Greek Citizens only while punishment of most
brutal kind is still inflicted on aliens and slaves.

▪ TWELVE TABLES/ XII Tabulae (450 BC), represented the earliest codification of Roman Law
(later incorporated into the Justinian Code). It is the foundation of all public and private law of the
Romans until the time of the Justinian. It was a collection of legal principles engraved on metal
tablets and set-up on the forum.

▪ JUSTINIAN CODE (529 AD). In Roman Empire, Emperor Justin enforced this Code and became
the standard law in all areas occupied by the Roman Empire particularly in Europe. This code was an
upgraded version of Twelve Tables of Roman. This code did not survive due to the fall of the Roman
Empire but left a foundation to Western Legal Codes.

▪ BURGUNDIAN CODE, another criminal code that also existed during the Justinian Period. This
specified punishment according to social class of offenders, dividing them into nobles, middles class,
and lower class specifying the value of the life of each person according to social status. The
punishments being imposed in this era includes the following: Stocks, were devices fastened to the
ankles, neck, and wrists of the offender for long period of time in public places and exposed to the
elements; Furca, a V-shaped yolk worn around the neck and where the outstretched arms of the
convict were tied. Early used of prison was also observed, like – Underground Cistern, used to
detain offenders undergoing trial in some cases and to hold sentenced offenders where they were
starved to death; Ergastulum, used to confine slaves where they were attached to workbenches and
forced to do hard labor in the period of their imprisonment;

▪ THE SECULAR LAWS (4 AD). These laws were advocated by Christian Philosophers who
recognized the need for justice. Some of the proponents of these laws were: St Augustine and St.
Thomas Aquinas. During this period, three laws were distinguished: External Law (Lex External),
Natural Law (Lex Naturalis), and Human Law (Lex Humana). All these laws are intended for the
common good, but the human law only becomes valid if it is does not conflict with the other two
laws.

▪ PAPAL DECLARATION ON SANCTUARY by Pope Innocent VIII (1487AD). Decreed that

refugee offenders be driven out of the sanctuary if they used this for committing a crime. Sanctuaries
are maintained by the church for the offenders who would seek refuge when they are accused of
crimes. A criminal could avoid punishment by claiming refugee in a church for 40 days and at the
end of which time he was compelled to leave the realm by a rod or path assigned to him. After the
declaration, sanctuaries began to decline and refuse to admit offenders accused of arson, rape, murder
and robbery.

▪ PAPAL DECLARATION ON DEATH PENALTY. Pope Leo I was the first Pope to fully express
approval for the killing, otherwise human and divine law would be subverted. Priscillian was the first
recorded Christian who was put to death for being heretic but death as capital punishment (guillotine)
was first used in Orleans, France in 1022 AD when thirteen heretics were burned at the instigation of
the church. Today, the stand of the Catholic Church on issues of Death Penalty is completely a
reversal of the old practice. Pope John Paul II, Pro-life Pope, in his Encyclical Tertio Millenio
Adveniente, he formally apologized to the past intolerance and use of violence in the defense of truth.
In Evangelium Vitae, Pope John Paul II has challenged each and every one of us to break away from
the “culture of death” especially the treatment of killings as solution to the problems. He calls us to
reject the death penalty, population control that results to abortion and use of contraceptives that are
artificial, euthanasia or killing of the elderly, terminally ill, the infirm, the handicapped and in the
guise of dying with dignity.

▪ KING HENRY THE VIII DECREE (1531). In England, King Henry the VIII decreed
punishments for vagrant and penal slavery to defend the interest of the landlord, where the nobility
gets their privileged status in society. During this time, there was an exodus of people flocking to the
cities from rural areas considering that capitalism was on the rise and that the feudalism was on the
retreat.

▪ TRANSPORTATION AS PUNISHMENT WAS AUTHORIZED (16th Century). Transportation

of criminals in England was authorized. At the end of the century, Russia and other European
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countries followed this system. It partially relieved overcrowding of prisons. Transportation was
abandoned later in 1835. Banishment, as a form of punishment became widespread during this
period. Although this form of punishment has been practiced since the dawn of history, the
systematic transfer of offenders to colonized land started to intensify in earnest by the advent of 17 th
Century. Large numbers of convicted criminals were transported to distant lands to populate these
newly colonized territories. Special Account on Banishment: The banishment of Russian prisoners
to Siberia was known to the world today as Gulag Archipelago, which was popularized in a novel by
a political prisoner named Alexander Solshenitsyn. The Exile to Siberia was Russia’s unique
contribution to the world’s criminal justice system. The Penal Code of Russia punishes offenders to
hard labor of four years to life. The Russian authorities built stockades and depots once every fifteen
miles from Russia to the places of exile in Siberia. The distance is about 4,700 to 6,700 miles.
Prisoners were gathered to travel this distance on foot and which took them about three years to
reach. The prisoners marched heavily chained together. Casualties were extremely high and very low
percentage reached their place of exile live. Once they arrived destination, they were subjected to
severe discipline and hard labors. Their heads were shaved and this put added pain of coldness on the
icy winter. They were also subjected to a strict rule of silence. This form of punishment was
abolished in 1901.
▪ The benefits of Banishment. This allows country imposing this punishment to colonize distant lands
such as Australia, Canada, Africa, Philippines and other fur-flung countries and this reduced number
of criminals in the country of origin. Those who sentenced for banishment are those recidivists. After
expiration of banishment period, a returnee is required to have authority to return and violators will
be subjected for execution.

▪ PENITENTIARY ACT OF 1779 AD was passed. Five years after the passage, Norfolk Prison at
Wymondham, England was opened. The National Penitentiary of Millbank was opened in 1821,
Pentoville National Penitentiary in 1842.

▪ WHITE SLAVE ACT 1910 is one of the many laws, which passed by the US Congress declaring
various crimes to be under federal jurisdiction. This necessitated the building of more federal prison
facilities to accommodate the increasing number of federal prisoners. The increased number of
federal prisoners moved the House of representative to centralize the federal prison. Thus, US Bureau
of Prison under the Department of Justice was created in 1930.

DEVELOPMENT OF CORRECTIONAL INSTITUTION

The Bridewell Institution (1556) was established as a workhouse for vagabonds, idlers, and rogues. Under
the Bridewell System, vagrants and prostitutes were given work while serving their sentences. For all
practical intents and purposes, capitalist exploit this prison labor. The Bridewell System (Workhouse)
turned to be very effective workable and profitable. After twenty years of existence in England, the English
Parliament mandated the establishment of this kind of prison in all countries. After two centuries, the
Bridewell System lost its usefulness because of the banishment of the offenders to the colonies became a
more compelling and profitable proposition to both the landlords and the capitalist invoking strategic
national interest and security considerations as overriding reasons. It turned to be inoperative and
deteriorated that conditions there have become no difference from the conditions in the county jails.

Gaols are poorly constructed, unsanitary, damp, drafty or airless, gloomy dungeons, foul smelling places of
detention in England in the early eighteenth century. In this place, the inmates are poorly clothed, without
privacy, and the conditions so deplorable that diseases thrive. The modern term “JAIL” originated from this
word. These are pretrial detention facilities operated by English Sheriff (from words “shire-reeve,” which
means a leader of group of ten families who assumed responsibilities of collecting tithes). Galleys are long,
low, narrow, single-decked ships propelled by sails, usually rowed by criminals when they were meted a
sentence of transportation and sent to other territories and continents. While, hulks are old sailing warships
ships that are no longer used for sea voyages or naval operations, but are anchored in some English port,
where they were used as prison or places of confinement of convicted criminals. This was popularly known
as the “floating hells.”

Panopticon is a building plan made by Jeremy Bentham, a noted English Exponent of the classical school
of criminology which called for a tank-like structure, covered by a glass roof. The cells were arranged
around a central apartment from which the custodians could keep all cells under close supervision. This was
never built, despite of contact with English authorities for its construction at state expense.
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Mill Bank Penitentiary was a huge, gloomy and many towered prison, which looked like a thick-spoke
wheel, contaning three (3) miles of corridors and hundreds of cells. The cost was at that time (1812-1821)
was nearly two million five hundred (2,500,000,00) dollars. This was made possible due to the efforts and
revelations of the terrible conditions of English gaols by crusader John Howard.

Sing Sing Prison became famous in the entire world and was the plot of many movies filmed because of the
Sing Sing Bath which was inflicted aside from floggings, denial of reading materials and solitary
confinement. The shower bath was a gadget, which was constructed to drop a volume of water on the head of
a locked naked offender. The Sing Sing bath became more frequent when flogging was declared illegal in
1847. The force of the icy cold water hitting the head of the offender caused so much pain and extreme shock
that prisoners immediately sank into coma due to the shock and hypothermia or sudden drop in body
temperature.

Auburn System was a convoluted version of St. Michael System (was introduced by the Roman Catholic
Church at the Hospital of St. Michael during the reign of Pope Clement XI. This was the prototype of the
reformatories for juvenile offenders. This facility emphasized rehabilitative concept and pioneered the
segregation of prisoners and forced silence to make the prisoners contemplate their wrongdoings) as
espoused by the Roman Catholic Church. It culled its name from the Auburn Prison, which was built in
Auburn State, New York. This system employed “congregate confinement” where individual inmate is
confined in their own cells during the night and congregate work in shops during the day. Complete silence
was enforced.
Before inmates were locked in a tiny cell without exercise or any activity. Inmate is whipped if he dared to
speak or make any noise. There was a substantial records of suicide in this system and was abandoned after
five years of existence because the inmates could not be made productive anymore.
Modification was made to Auburn System by allowing prisoners to work during daytime but still observing
rule of silence and then spent their night in solitary confinement. It was found out that people working
collectively in common areas produced more benefits than people working individually and the smaller
individual cells made prisons cheaper to build and maintain. It was through the Auburn Prison that the
United States was able to harness the labor power of prisoners to become part of the expansion that was
pushing the young nations to rapid industrialization.

Walnut State Prison or otherwise known as Walnut Street Jail is the first prison in the United States which
was constructed in Philadelphia. It established the principles of solitary confinement by the construction of
additional building which house the worst type of prisoners in separate cells. The long-term prisoner’s wing
of this jail was built with individual cells. Each inmate lived, worked, and ate in solitary confinement. During
confinement, prisoners were supposed to think about their offense and become penitent for their sins. The
Pennsylvania System was the leading innovator and rival of the Auburn System, which was based on the
concept of solitary confinement and rendering labor. Three Prison were built in Pennsylvania: The Walnut
Street Jail (1790); the Western Penitentiary in 1826 and the Eastern Penitentiary in 1830. Under the
Pennsylvania or “solitary system”, prisoners were confined in a single cell day and night where they lived,
slept, ate, and received religious instructions. Complete silence was also enforced. They are required to read
the bible. Five major deployments of prisoners existed in the United States during those times, these were:
Northern Industrial Prison; Southern Plantation Prison; Chain Gangs and other decentralized work camps;
the custody oriented Prison; and the treatment-oriented prison. Even today, these five types of prisoners’
deployments still exist.

The Northern Industrial Prison was so called because it is found in the industrial belt of the Northern
United States. The State Penitentiary at McAlester, Oklahoma is an example of this type. There were three
(3) methods used to benefit from prison labor and these are: Contract System – prisoners were hired out to
businessmen or corporation on a daily basis for a set fee per head; State Account System – Contractors
provide the raw materials and pay the state on a per piece price for each item produced or manufactured; and
State-use system is a more risky venture but if properly managed, would bring profits to the state. Under
this set-up, the state operates the business itself in all its aspects.

The Southern Agricultural Plantations are located in the agricultural deep south of the United States.
These penal institutions possess vast of landholdings and use as prison labor to produce agricultural products
out of the land. These plantations has a minimal facilities and therefore, inexpensive to operate. They employ
also “trustees” from minimum security convicts to beef-up security forces.
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The Chain Gangs. Under this scheme, prisoners work in public works outside of the facilities. Today, some
prisoners, under this scheme, work in natural conservation work. To secure inmates from escape while
outside performing works, they were chained together, hence, the term “chain gangs” evolved. Chain Gang
was originally imposed on black prisoners. In case of violation, prisoners were subjected to a sweat box, in
which prisoners were put in a steel box under the heat of the sun. This popularly known as American Siberia.
Shot drill is a form of punishment inflicted to prisoners by carrying heavy loads from one place to another
and then returned to the same place over and over again everyday. Treadmill is a form of punishment where
the prisoner was continually made to constantly climb the stairs. Prisoners are made to climb this treadmill
continually during the day with prisoners logging up to 14,000 feet of stairs per day.

The Custody-oriented Prison is a remnant of the prisons of the past century where prisoners were punished
by confining them only to their cells and isolating them from the rest of society. This was used in super
maximum security where the occupants were hardened criminals.

The Treatment-Oriented Prison is almost the goal of modern penal institutions. This emerged after the
enactment of Huber Law in the State of Wisconsin in 1913. This legalized work release program. After five
years, in the State of Mississippi, a law granting a prisoner, a furlough program was enacted. Many states in
the Unites States began to implement this program after enactment of Prisoner Rehabilitation Act of 1965.

New York House of Refuge is the first juvenile reformatory which was opened in January 1825 and located
in New York City, its purpose was to protect children from degrading association with hardened criminals in
the country and state prison. Boston, founded its house of refuge in 1826 and Philadelphia in 1828. New
Orleans erected its Municipal Boys’ Reformatory in 1845 and Massachussettes in 1847.

Maconochie’s Mark System, the fundamental principle of this system is by reduction of sentences vis-à-vis
proper deportment, labor and study. This was introduced by Captain Alexander Maconochie of the English
Royal Army. THE IRISH SYSTEM – Using the “Mark System” and the incorporations of old practices in
English Prisons and Sir Walter Crofton’s program. He was the first to introduce the “Intermediate Prison”
theory of individualization of treatment equivalent to parole.

Japan Prison Modernization started during the reign of Tokugawa Shogunate when the country came
under the occupation of Americans. This pro-American Emperor entered into treaties for the establishment of
Western Style Prison for those oppositionist to the provision in the treaty that is disadvantageous to the
Japanese.

GREAT PERSONALITIES BEHIND HISTORY OF CORRECTION

▪ ARISTOTLE (400 BC), a Philosopher from the City-State of Athens that made the first attempt to
explain crime in the book he has written entitled: Nicomedian Ethics. In his book, he wrote about
corrective justice, stating that punishment is a means of restoring the balance between pleasure and
pain. He also forwarded the concept of restitution when he postulated that corrective justice is a
means whereby the suffering of the victim is compensated.

▪ WILLIAM PENN (1614-1718). He fought for religious freedom and individual rights. He is the first
leader to prescribe imprisonment as correctional treatment for major offenders. He is also responsible
for the abolition of death penalty and torture as a form of punishment.

▪ CHARLES MONTESIQIEU (1689–1755). A French historian and philosopher who analyzed law
as an expression of justice. He believe that harsh punishment would undermine morality and that
appealing to moral sentiments as a better means of preventing crimes.

▪ VOLTAIRE or also known FRANCOIS MARIE AROUET (1694–1778). He was the most
versatile of all philosophers during this period. He believes that fear of shame was a deterrent to
crime. He fought the legality-sanctioned practice of torture.

▪ CESARE BONESA, MARCHESE de BECARRIA (1738–1794). He wrote an essay entitled “An

Essay on Crimes and Punishment,” the most exciting essay on law during this century. It presented
the humanistic goal of law. He also wrote that education, not punishment, is the surest, although the
most difficult, means of preventing crime. Although, these two philosophers strongly advocated the
use of positive approach such as reward and education, they likewise did not reject the necessity of
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punishment. Jeremy Bentham and Beccaria, both were the strongest advocates of the
enlightenment in the fields of criminology and their writings were considered as the Classical School
of criminology. Under this school of discipline, man has free will and has the capacity to exercise
such free will. Man’s free will is being acted out only to satisfy his selfish interest. Bentham believed
in the concept of Aristotle that man is governed by two conflicting forces: the pleasure and pain. He
saw that crime, like any other human action, represents an effort to gain pleasure or something
beneficial to him. Punishment, therefore, should be inflicted with the purpose of discouraging
anyone’s attempt to gain pleasure at the expense of others. Punishment should not be meted out
without a purpose.

▪ JEREMY BENTHAM (1748 –1832). He was one of the greatest leaders in the reform of English
Criminal Law. He believes that whatever punishment designed to negate whatever pleasure or pain
the criminal derives from crime, the crime rate would go down. He was the one who designed the
“Panopticon Model,” a prison that consists a large circular building containing multi-cells around the
periphery.

▪ CESARE LOMBROSO, Jewish physician and anthropologist who was greatly influenced by the
writings of Charles Darwin espoused the Positivist School of Criminology. This concept strongly
objected to the classical school’s view that punishment could be made to “fit the crime” by fixing
sentences that are tied strictly to the nature of criminal acts. He described that crime is a social
phenomenon. Although, he conceded that there are many causes of crime, he remained emphatic in
his assertion that crime is attributed to biological causes, which is about 60 to 65%. Lombroso
formulated his thinking based on his studies of a notorious brigand named Villella. This brigand
openly boasted of his crimes. This was the reason why Lombroso claimed that criminals have the
uncanny ability to quickly recuperate from their wounds and have no moral compunction. On death
of Villella, Lombroso conducted Post-Mortem Examination on the corpse of the bandit. When he
opened the skull, he found a distinct depression, which is found only to inferior animals. His concept
became dominant in the late 19th Century. Lombroso and his followers especially those in the
United States were among the first proponents of parole, probation, the juvenile courts, the
experiment with youthful offenders, and other measures of early twentieth-century penology. They
were instrumental of the rise of three landmarks innovations in corrections: These are: Parole,
Probation and the Abolition of Capital Punishment (History will be discussed in separate lecture).

▪ JOHN HOWARD (1726-1790), he was a Sheriff from Bedfordshire, England (1773) who became
concerned at the savage and inhuman conditions obtaining in his country’s prisons. Some of his
notable recommendations were maintenance of the facility for children and women separate from
other offenders, provision of sanitation facilities, adequate salaries for jailers so that they will not
extract money from the prisoners. His recommendations were incorporated into the Penitentiary Act
of 1779 and adopted as standard procedure in the first modern prison constructed in the year 1785 in
Norfolk, England.

▪ ALEXANDER MACONOCHIE – He was the Superintendent of the Penal Colony at Norfolk

Island in Australia (1840) who introduced “Mark System,” a system in which prisoner was required
to earn a number of marks based on proper department, labor and study in order to entitle him for a
ticket for leave or conditional release which is similar to parole.

▪ MANUEL MONTESIMOS – the Director of Prison in Valencia, Spain (1835) who divided the
number of prisoners into companies and appointed certain prisoners as petty officers in-charge, which
allowed good behavior to prepare the convict for gradual release.

▪ ENRICO FERRI (Italian), one of the most prominent followers of Lombroso. He stated that it is
noble mission to oppose the ferocious penalties of the middle ages but it is still nobler to forestall
crime. He argued that since the causes of crime could be identified and isolated, he calculated that it
could be controlled through prevention. He opined that the best preventive measures was through the
reformation of the society.

SUMMARY

The cited historical developments pointed to the unmistakable sign that prison system worldwide
have been veering away from its cruel, savage past and moving towards a kinder, more
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compassionate form. This humanization of punishment has underlying reason. More humane
treatment came into being in the days of colonialism. At that time, offenders were no longer
killed, decapitated, mutilated or demobilized.

It is not that governments have become more humane but rather that these offenders have become
more advantageous to the country alive rather than dead or useless disabled. They were deployed
to man the soars sailing in uncharted waters to discover new worlds. Then they were used to
colonize and work themselves to death clearing virgin forest, bushes, and marshes and opened
them up for agriculture. Then, when the economies of these new worlds were beginning to
develop, prisons were converted into factories producing goods using prison slave labor. Such are
the fate of those who failed to conform to the rules of society as dictated by those wield economic
and political powers.

It is simply the rapacious greed for material worth that drove corrections to spare the lives of
offenders. So the terms evolved to conform to the new mission of prisons. From retribution it was
necessary to spare the criminal, as he is more useful producing goods alive so the term became
reformation, rehabilitation and others. The name of offenders were changed from prisoners to
convicts to inmates which is more politically correct term to make it appear more humane as
justification for not killing the offender and putting him to more productive uses which will
benefit the society.

Some criminologist conducting researches and studies on underlying causes of crime support the
that heredity is also a factor in making of criminals so that they are predestined to become such
even if they avoid it. Others believe that it is the social conditions that underlie the principal
factor, which drives people to crime.

One very interesting case in point is the study done by Robert Dugdale in 1877 regarding a New
York family whose lineage had produced a lot of criminals. In the course of an inspection tour of
county jails in the State, he met this family where 58% of the clan were convicted of crimes
ranging from assault and battery, murder, attempted rape, larceny, burglary, forgery, cruelty to
animals and many others. Having come across this fact, Dugdale went on to investigate other
branches of the family, studying seven generations of the Jukes. He found out that the clan has
produced 200 thieves, 280 beggars, and 90 prostitutes. In view of this, Dugdale assumed that
heredity could only be the underlying factor but he was forced to concede that environment is a
contributory factor working in the same direction as heredity due to living conditions of the
family.

HISTORICAL BACKGROUND IN LOCAL SETTING

Governance and Criminal justice in this country could be claimed to have started simultaneously with the
arrival of the ten datus and their barangays in this archipelago thousands of years ago. They have reached
this archipelago because of persecution from the authorities of the land from where they came from. In
effect, what happened to them is a de facto banishment reminiscent of the colonization period that intensified
in many countries at the height of the industrial revolution in Europe. Prior to the coming of the Spaniards,
available evidences pointed to the existence in this country of a penal system although its jurisdiction is only
tribal and localized. Some of these legal and penal systems are the codes of Datu Sumakwel, Kalantiaw,
Maragtas, Sikatuna and still many others that left scant traces in our history books. These early codes are
likewise very simple, easily understandable and therefore, subjects of those days find it easy to comprehend
and follow. Hence, the criminality does not pose a problem. Rather, violators are looked up as aberrations,
exceptions rather than the rule.

▪ KALANTIAW CODE, it was the governing law in the island of what is now Panay, particularly in
what is now the Province of Aklan, has been the governing law and is based on beliefs, customs and
practice of those days. This Code also reflects the level of uprightness and morality of the people.
The entire Code of Kalantiaw contains only eighteen articles and they are as follows:

Rule 1 – Do not kill, steal, or harm old people. Punishment is drowning or boiling;
 9
Rule 2 – Pay all your debts promptly. Punishment for first offense is whipping of 100 lashes. If the
debt is large, the violator’s hand will be immersed in boiling water three times. Second offense will
be death by beating;

Rule 3 - Do not be lustful. Do not marry young girls nor marry more than you can handle and
support. First offense is swimming for three hours. Second offense is laceration by thorns;

Rule 4 – Respect the dead, do not disturb their graves and burial places. First offense is exposure to
the ants while subsequent offense is beating to death by means of thorns;

Rule 5 – Contracts shall be faithfully fulfilled. First offense is one hour whipping. Subsequent
offense is one day exposure to the ants;

Rule 6 – Valuable trees and places that are holy should be respected. Fine for violation should be
equal to one month’s labor and paid in gold or honey. Subsequent offense is the equivalent of five
years labor;

Rule 7 – Cutting sacred trees, shooting arrows at old people treacherously, entering the Chief’s
homes without permission is punishable by death;

Rule 8 – Setting fire to another’s crops, stealing the wives of Chiefs and owning dogs that bit the
Chiefs is punishable by one year slavery;

Rule 9 – Those who sing at night while on the road, kill the manual bird, destroy the Chief’s records,
deceive others and mock the dead will be beaten for two days;

Rule 10 – Mothers should educate their daughters secretly about sex hygiene to prepare them for
motherhood. Men should be kind to their wives and should not harm them if they are caught in
adultery. Violators will be cut to pieces or thrown to the crocodiles;

Rule 11 – Those who escape and evade punishment, kill young children and steal the wives of old
men will be burned alive;

Rule 12 – Slaves who attack their Master or the Chiefs, masturbate, or destroy their anitos will be
drowned;

Rule 13 – Those who steal from the Chiefs or old men will be exposed to the ants for a half day;

Rule 14 – Those who refuse to marry their daughters to the sons of the Chiefs will be slaved for life;

Rule 15 – Those who kill the young of the manual birds or white monkeys, will be beaten;

Rule 16 – Those who break the idols on their altars and temples, destroy the daggers used by the
priestesses for killing sacrificial pigs or break their wine vessels will have their fingers cut-off;

Rule 17 – Those who destroy the altars and temples and urinates or defecates in these sacred places
will die; and

Rule 18 – Chiefs who disobey any of these rules will be stoned or crushed to death while old men
who disobey will be fed to the sharks or crocodiles.

SIPAT, is a primitive law of those Tribes from Cordillera and Northern Luzon. While, BODONG, is kind of
court to settle tribal’s disputes and even individual people’s conflict in Cordillera Province. This even existed
up to this date. In fact, Father Conrado Balweg demanded the Philippine Government to recognize their court
system.

1521. The colonization and subjugation of the Spaniards to this country begins. Royal Decrees, orders and
ordinances from the King of Spain were applied and implemented in the colony. These laws were
incorporated to become the Recompilation of the Laws of the Indies. These recompiled laws were in effect
 10
until 1887 when its implementation was held in abeyance owing the opposition of the Spanish Governor
General in the Philippines.

Corrections in the Philippines started during pre-colonial times when the task was community. It was only
during the Spanish regime that an organized corrective service was made operational. Hereunder special
accounts of the development of prison system in the Philippines during Spanish period:

▪ Commandancias, this existed in all provinces and cities where Spanish colonizers exercise strong
control. Its equivalent of today is Police Stations or precincts. The laws were enforced by the
“Guardia Civil” or the equivalent of today’s Police.

▪ Bilibid Prison is the first penal institution in the country. This facility was constructed in 1847,
became operational in 1865 and was formally opened on April 10, 1866 by a Royal Decree. Its
physical lay-out was in conformity with the dominant concept of design existing in Europe during
that time. It was perfectly a replication of Millbank Penitentiary where it was constructed in a radial
spoke of wheel, it has a central tower, and the brigadas (building) were made of strong adobe stones.
It was situated at the heart of the City of Manila but was later on transferred to the Muntinlupa
following the inevitable development of the area for commercial purposes. In addition, the Bilibid
Prison in Manila has become overcrowded due to the considerable increase in prison population. A
1969 Senate report prepared by Senator Salvador Laurel described the Old Bilibid Prison as the
“main insular penitentiary designed to house the prison population of the country. This prison was
known as the “Carcel y Presidion Correccional” and could accommodate 1,127 prisoners. The
Carcel was designed to house 600 prisoners who were segregated according to class, sex, and crime
while the Presidio could accommodate 527 prisoners. The Bureau of Prisons had a ship, the BUPRi,
that transported goods and prisoners to all penal establishments in the country.

▪ New Bilibid Prison – The New Bilibid Prison is officially the “National Penitentiary” as provided
in the Revised Penal Code (Art. 84). Being the main prison, it receives all commitment of convicted
person from all parts of the Philippines after being sentenced by the respective courts, it also houses
most of the maximum security prisoners. It has also two (2) satellite camps aside from maximum
security camp – the Bukang Liwayway Camp (Minimum Security Camp) housed inmates, which has
six months or less to stay and they will be released and the Sampaguita Camp (Medium Security
Camp) which housed offenders sentenced to not more than 20 years. The New Bilibid Prison, which
is 587 hectares was constructed in 1936 and formally opened in 1940. It became the New Bilibid
Prison (NBP) while the one left behind in Manila was renamed the Old Bilibid Prison to avoid
confusion and became the seat of the Manila City Jail until this day.

▪ SAN RAMON PRISON AND PENAL FARM – About 4 years later after the formal opening of
Old Bilibid Prison, on August 21, 1870, San Ramon Prison and Penal Farm was established to
confine Muslim rebels and recalcitrant political prisoners opposed to the Spanish rules. The facility,
which faced the Jolo Sea, had Spanish-inspired dormitories and was originally set on 1,414-hectare
sprawling estate. The biggest source of income of the Bureau of Correction came from this colony. It
was named in memory of its founder, Ramon Blanco, a Spanish Captain in the Royal Army. It was
closed during the Spanish-American War of 1898.

▪ BUREAU OF PRISON. When the Americans took over in the 1900s, the Bureau of Prisons was
created under the Reorganization Act of 1905 (Act No. 1407 dated November 1, 1905) as an agency
under the Department of Commerce and Police. It was paved the way for the re-establishment of San
Ramon Prison in 1907, which was destroyed in 1898 during the Spanish-American War. It placed
under the auspices of the Bureau of Prisons and started receiving prisoners from Mindanao.

▪ BUREAU OF CORRECTIONS. The Bureau of Prisons was renamed Bureau of Corrections under
the New Administrative Code of 1987 and Proclamation No. 495 issued on November 22, 1989. it is
one of the attached agencies of the Department of Justice. In the early days of the Bureau of
Corrections, penal institutions were established, closed or transferred to new sites. These included the
Old Bilibid Prison, new Bilibid Prison, Correctional Institution for Women, Fort Bonifacio Prison,
Iwahig Penal Colony, San Ramon Prison and Penal Farm, Davao Prison and Penal Farm, Bontoc
Prison, Sablayan Prison and Penal Farm and Leyte Regional Prison.
 11
▪ IWAHIG PENAL COLONY – Before the construction of San Ramon Prison, the Americans
established in 1904 the Iuhit Penal Settlement or now known as the Iwahig Prison and Penal Farm
on a vast reservation of 28,072 hectares. It would reach a total land area of 40,000 hectares in the late
1950s. The area was expanded to 41,007 hectares by virtue of executive Order No. 67 issued by
Governor Newton Gilbert on October 15,1912. This is minimum security or open institution. This is
located in Puerto Princesa, Palawan. The main colony is at the Sta. Lucia sub-colony (9,865), with
Inagawan (13,000), Montible (8,000) and Central (14,700) sub-colonies. The “Tagumpay Settlement”
(1,000 hectares of land) which is the portion of the colony, is divided into 6 hectares homestead
parcel lots, and released to the inmates who wants to live in the settlement with his family will
awarded to him. The establishment of this facility was made on the suggestion of Governor Luke E
Wright who felt the need for an institution designed for incorrigible offenders. The institution had for
its first Superintendent Lt. George Wolfe, a member of the U.S. expeditionary force, who later
became the first prison’s director.

▪ CORRECTIONAL INSTITUTION FOR WOMEN – With the approval of Act. No. 3579, on
November 27, 1929, the Correctional Institution for Women also known as the Correctional
Women’s Institution was established in 1931 on an 18 hectares parcel of land located at Welfareville,
Mandaluyong. Metro Manila. Before the establishment of this institution, women prisoners were
confined in portion of the Bilibid Prison. In 1934, the position of female Superintendent was created
to superintend the operations of this penal facility. Today, the institute is run entirely by female
personnel with the exception of the perimeter guards who are male.

▪ Correctional Institution Women in Mindanao (CIW Mindanao), located at Juan Acenas Sub-
Colony, in Sto. Tomas, Davao del Norte is now accepting female inmates coming from all over the
Mindanao region. The CIW Mindanao is a milestone project, the first facility to be established
outside of Luzon after 70 years. The plan to establish a Correctional Institution for Women in
Mindanao came from the initiative of the gender advocacy of the Women Network group
(WOMYNET) and other women organization in Davao City. On September 18, 2007 it was finally
inaugurated.

▪ INMATE RECEPTION & EDUCATION CENTER – Formerly known as Inmate Reception and
Diagnostic Center (IRDC) situated inside the Sampaguita Camp. This was established by virtue of
Administrative Order # 11 by the Secretary of Justice in 1953. This is a separate institution which
serve as a place where scientific diagnostic study and analysis of the prisoner’s personal problem,
criminal or non-criminal background, as well as the possibilities of his rehabilitation by a team of
experts, are studied, evaluated and the program of activities he will follow when he is transferred to
the prison institution he is assigned in accordance with the classification he is classified – whether as
maximum, medium or minimum security prisoner.

▪ DAVAO PENAL COLONY – The Davao Penal Colony with an area of 18,000 hectares is located at
Panabo, and Kapalong (2 sub-colonies) Towns, Davao del Norte. This was opened and established in
January 21, 1932 by virtue of the same that established New Bilibid Prison, Republic Act No. 3732
and Proclamation No. 414. The colony housed both medium and minimum security prisoners who
work in the abaca, banana and other plantations under armed escorts. It was Retired General Paulino
Santos who led the first contingent of prisoners who were placed in this institution. During World
War II, the colony was used by the Japanese Imperial Forces as internment and concentration camp
for captured American Prisoners of War (POW). The prisoners who were destined here were
transferred by the Japanese to the Inagawan sub-colony of Iwahig Penal Colony. Before the Japanese
left the facility due to the return of the Americans, they destroyed all its buildings, machineries and
industries. By August 1946, the colony was able to re-establish its pre-war status. At present, the
colony, houses medium and minimum security prisoners. Like Iwahig Penal Colony, it has also a
Settlement Site for released prisoners who wish to stay in the colony, the so-called Tanglaw
Settlement. This is the first penal settlement founded and organized under the Filipino administration.

▪ SABLAYAN PENAL COLONY – With an area of 16,408.5 hectares, it is located in the

Municipality of Sablayan, Occidental Mindoro was opened on September 26, 1954 by virtue of
Proclamation No. 72. The rationale for its opening and establishment was the overcrowding of the
New Bilibid Prison. The first contingent of prison personnel and prisoners were drawn from the
Iwahig Penal Colony.
 12
▪ LEYTE REGIONAL PRISON – this was built by the Bureau of Prisons in Abuyog, Leyte on
January 16, 1973 on the orders issued under the Martial Law (Proclamation No. 1101 and
Presidential Decree No. 28) by President Ferdinand E Marcos.

▪ FORT BONIFACIO PRISON – A committee report submitted to then President Carlos P Garcia
described Fort Bonifacio, formerly known as Fort William McKinley, as the military reservation
located in Makati, which was established after the Americans came to the Philippines. The prison was
originally used as a detention center for offenders of US military laws and ordinances. During the
administration of President Diosdado Macapagal, the Fort was renamed Fort Andres Bonifacio. The
correctional facility was also renamed as Fort Bonifacio Prison.

PRESENT PHILIPPINE CORRECTIONAL SYSTEM

The Philippine Correctional System has two (2) approaches, namely: Institutional and Non-
Institutional (Community-Based) Correction. The Institution-based approach has three (3) levels – National,
Provincial and Sub-Provincial, and District, City and Municipal level. There are three (3) Executive
Departments that supervise and control the numerous institutional facilities nationwide, which provide
incarceration and rehabilitation to offenders. These are: Department of Justice (DOJ), Department of the
Interior and Local Government (DILG) and the Department of Social Welfare and Development (DSWD).
The DOJ supervise and control the Bureau of Corrections; DILG, the BJMP, jails that are still under the
PNP; DSWD, the youth detention homes/ Children In Conflict with Law (CICL) rehabilitation centers.
Provincial jails are still under the supervision and control of the Provincial Government. The Community-
Based approach has probation, parole, conditional pardon and Release on Recognizance (ROR).These
programs also formed part of the paralegal related laws, which applies by the BJMP to effectively decongest
its jails.

INSTITUTION-BASED CORRECTIONAL PRACTICE. Offenders found guilty and sentenced by the

courts for confinement are categorized based on their length of sentence into either a municipal, city,
provincial or national prisoner and they will be sent accordingly to either a municipal, city, provincial or
national prison facilities based on these categorizations.

▪ Diversification is an administrative device of correctional institutions of providing varied and

flexible types of physical plants for more effective custody, security and control of the treatment
programs of its diversified population. It also refers to the principle of separating homogenous type of
prisoners that requires special treatment and custody. Separation can be done through proper
classification of inmates. It can be done either building special institution for different classes of
prisoners through proper segregation of inmates that is big institution can be broken into smaller
units. This aims to prevent prisoners from moral and physical contamination of one group by another,
more effective execution of treatment programs and prevent unnecessary custodial risks.

▪ Classification is a method by which diagnosis, treatment planning and execution of the treatment
programs are coordinated in the individual case study. It is a process of determining the needs and
requirement of prisoners for assigning them to programs according to their needs and existing
resources.

▪ The Classification Process is adopted to determine the work assignment, type of supervision and
custody which will be applied to the prisoners. Classification procedures are: Diagnosis, wherein
prisoner’s case history is taken and his personality is being studied through examination and
observations; Treatment Planning, is the formulation of tentative treatment program suited for the
prisoners; Execution of the Treatment Program, is the application of the treatment programs and
policies by the classification committee; Re-classification, treatment program is kept current with the
inmates changing needs.

▪ Security involves safety measures to maintain the orderliness and discipline within the jail or prison
while, control involves supervision of prisoners to ensure punctual and orderly movement from one
place work program or assignment to another. Prison Discipline is the state of good order and
behavior. It includes maintenance of good standard of works, sanitation, safety, education, health, and
recreation. It aims at self- reliance, self-control, self-respect and self-discipline while, Preventive
Discipline is the prompt correction of minor deviations committed by prisoners before they become
serious violations.
 13

▪ Custody is the guarding or penal safekeeping, it involves security measures to ensure security and
control within the prison. The Prison Custodial Division carries it out. This division is also charged of
all matters pertaining to the custody of the prisoners and security of the institution.

▪ National Prisoners are also referred to under the law as Insular prisoners. They are those whose
sentence is for more than three years and are sent to BUCOR. Those sentenced to six months and one
day up to three years of imprisonment are categorized as provincial prisoners and sent to serve in the
provincial jails having jurisdiction of their sentence. An offender sentenced up to six months in
prison is categorized as a municipal prisoner and will serve time at the jail of the municipality where
the offender is convicted. Those who were convicted in city courts and sentenced to a maximum of
three years will be sent to serve their time in city jails. (In effect, city jails are the same as a municipal
and provincial jail combined). Sentenced youth offenders are sent to Regional Rehabilitation Centers
operated by the DSWD.

▪ The Courts and entities authorized to commit a person to prison and jails are: 1) Supreme Court, 2)
Court of Appeals, 3) Regional Trial Court, 4) Metropolitan/Municipal Trail Court, 5) Municipal
Circuit Trial Court, 6) Board of Transportation, 7) Deportation Board, 8) Commission on Elections,
9) National Prosecution Service, 10) Police Authorities, 11) All other administrative bodies as may
be authorized by the law.

▪ Convicts committed to the BUCOR for confinement are brought for admission at the Reception and
Diagnostic Center (RDC). The RDC at the New Bilibid Reservation in Muntinlupa City, Metro
Manila will receive prisoners coming from all over the country except those sentenced by courts
having jurisdiction for the provinces of Zamboanga del Norte, Zamboanga del Sur, Basilan, Sulu, and
Tawi-Tawi who will be brought to the san Ramon Prison and Penal Farm whish also has an RDC
facility inside the colony. Inmates accepted by the RDC will be studies and classified, the purpose of
which, is the formulation of an individualized treatment programs designed to achieve the most
successful rehabilitation.

▪ Sentenced prisoners slapped with the death penalty are not eligible for admission and classification at
the RDC. The Supreme Court rings them directly to the Death Row where they will await automatic
review of their case. Female inmates foe incarceration as national prisoners or those with more than
three years maximum sentence will be brought directly to the Correctional Institute for Women
Mandaluyong City, Metro Manila and will also undergo classification at the RDC facility there.

▪ Upon admission, the inmate or detainee if he has a pending case, will be put in quarantine in a
designated cell at the RDC for a minimum of five days during which he shall be administered the
following: 1) Physical and mental examination to determine fitness. Those found to have infectious
diseases and if sick, are brought to the New Bilibid Prison hospital for medical treatment, 2)
Orientation on prison rules that must be observed by the inmate and 3) Private interview by a
counselor, social worker, psychologist or whoever is available. Within two months upon arrival at the
RDC, the inmate will undergo various tests that will serve as the basis for his individualized
treatment program. These tests are: psychiatric, psychological, sociological, vocational, educational,
religious, IQ test and other tests necessary to come up with the treatment program. After this he shall
then be assigned to any of the six prison facilities of the BUCOR. These are the New Biliibid Prison
(NBP), Sablayan Prison and Penal Farm, Iwahig Prison and Penal Farm, San Ramon Prison and
Penal Farm, Davao Prison and Penal Farm and Leyte Prison and Penal Farm.

▪ Upon admission, the inmate will be issued two regulation uniforms, two T-shirts, one pair of
slippers, a blanket , mat, pillow with case, mosquito net, and one set mess kit. But this depends on
supply availability. The inmate may bring his own clothes and other personal items essential for his
well being inside the facility provided that the volume of his possessions he will be bringing in will
not compromise safety and the situation of his fellow inmates. Electrical equipment like television
set, radio, cassette, video players, electric fans and the like may be allowed to be brought in by the
Chief RDC as long as this will not be exclusively used by the owning inmate but will be shared with
others. Unauthorized items brought in by the inmate will be placed to the custody of the guard in
charge thereof properly receipted to be returned upon release or disposed later at the inmates request
or ordered condemned by the Superintendent after two years. A Classification Board is tasked to
classify inmate as to security status and for privilege entitlement.
 14

▪ The Classification Board shall have the following composition: Chairman – Penal Superintendent,
Vice-Chairman – Chief, Reception and Diagnostic Center, Member – Medical Officer, Member –
Chief, Education Section, Member – Agro-Industries Section, Secretary – Chief Overseer. The
Classification Board will classify inmate as to security status, which are: maximum, medium or
minimum security.

▪ The Death Row. One special facility that needs to be discussed separately so as to allow us to
understand more fully is the death row where inmates will be released to another world if and when
the sentence is carried out. Furthermore, the death penalty has sparked so much controversy not only
in this country but worldwide. But considering the economic vulnerability of our country, the
divisiveness posed by carrying out executions tends to aggravate and further divide our already
divided society.

▪ Maximum Security Inmates are those sentenced to death, 20 years minimum sentence, remand
inmates or detainees with 20 years minimum sentence, sentence under review by the Supreme Court,
sentence under appeal, those with pending cases, recidivists, habitual delinquents and escapees, those
under disciplinary punishment or safekeeping, and those who are criminally insane or with severe
personality or emotional disorders and are a danger to others. Inmates still confined at RDC are
automatically categorized as maximum-security inmate. Building 14 (Considered the Super
Maximum Compound of the Bureau of Correction) where incorrigible prisoners from the maximum
compound where being placed and separated for intense disciplinary approaches.

▪ Medium Security Inmates are those with less than 20 years sentence, remand inmates or detainees
below 20 years sentence, 18 years old and below regardless of case sentence, those who have 2 or
more escape records but have served five years since recommitment, and those sentenced to life
imprisonment who have served five years since recommitment, and those with one record of escape
but have served five years since recommitment, and those sentenced to life imprisonment who have
served at least 5 years as maximum security and upon recommendation of the Superintendent.

▪ Minimum Security Inmates are those with severe physical handicap as certified by the chief prison
medical officer, 65 years old and above and not on appeal or without pending case; those who have
served at least ½ of their minimum sentence or 1/3 of their maximum sentence excluding Good
Conduct and Time Allowance (GCTA), and those with only 6 months to serve before expiration of
maximum sentence.

▪ Philippines-Japan Halfway House. The Half-way House was the brainchild of the late Dr. Cicero
Campos whos was the first President o the Philippine Public Safety College (PPSC). The ten
proposed project was first brought to the attention of the United Nations Asia and Far East Institute
(UNAFEI) Filipino Alumni by Assistant Chief State Prosecutor Severino Gana Jr. of the Department
of Justice (DOJ) and member of Asia Crime Prevention Philippines, Inc. (ACPPI). In turn, Mr.
Shikita made a request to the Nagoya West Lions Club (NWLC), an ardent supporter of ACPF in all
of its activities to help shoulder the cost of the incipient project. True to their word, the said
organization donated 8 million pesos for the construction of the edifice. Several programs and
services such as casework and counseling services, productivity training, homelife services, medical
and health services, and placement services are continuously being provided to prepare inmates to
become useful and productive citizens in the mainstream of society upon their release.

MODELS OF CRIMINAL TREATMENT

▪ Control Model of prison management, which emphasizes prisoner obedience, work end education
(Sahara 1988);

▪ Responsibility Model of prison management that stresses prisoners’ responsibility for their own
action, not administrative control to assure prescribed behavior. Proper classification of inmates,
according to this model, permits placing prisoners in the least restrictive prison consistent with
security, safety, and humane confinement. Prisoners should be given a significant degree of freedom
and the held to account for their actions (Sahara 1988);
 15
▪ Custodial Model, based on the assumption that prisoners have been incarcerated for the protection
society and for the purpose in incapacitation, deterrence and retribution. It emphasizes maintenance
and security and order through the subordination of the prisoner to the authority of the warden.
Discipline is strictly applied and most aspect of behavior is regulated;

▪ Rehabilitation Model – security and housekeeping activities are viewed primarily as a framework
for rehabilitation efforts. Professional treatment specialist enjoys a higher status than other
employees, in accordance with the idea that all aspect of prison management should be directed
towards rehabilitation with the rethinking of the goal of rehabilitation;

▪ Reintegration Model is linked to the structures and goals of community corrections but has direct
impact on prison operations. Although an offender is confined in prison, that experience is pointed
toward reintegration into society. This kind of treatment gradually gives inmates greater freedom and
responsibility during their confinement and move them into a halfway house, work release programs,
or community correctional center before releasing them to supervision. Consistent with the
perspective of community corrections, this model is based on the assumption that it is important for
the offender to maintain or develop ties with free society the entire focuses this approach is on the
resumption of a normal life (Clear and Cole, 1986); &

▪ Total Institution – “the prison, like other total institution, is a place of residence and work where a
large number of like-situated individuals, cut off from wider society for an appreciable period of
time, together lead an enclosed, formally administered round life”. A total institution is one that
completely encapsulates the lives of the people who work and live there. A prison must be such an
institution in the sense that whatever prisoners do or not do begins and ends there; every minute
behind bars must be lived in accordance with the rules as enforce by the staff.

APPROACHES IN DEALING WITH CRIMINALS

• Null Strategy says that nothing should be done, that prisoners should be allowed to become
increasingly congested and staff should remain to maintain them with the assumption that the
problem is temporary and will disappear in time.
• Selective Incapacitation Strategy urge that expensive and limited prison space with the necessary
number of staff to maintain them should be used more-effectively by targeting the individuals whose
incarceration will do the most to reduce crime. It shows that the incarceration of some career
criminals has a pay off in the prevention of multiple serious offenses.
• Population-reduction Strategy incorporates from door and back door strategies. Front door
strategies divert offenders to non-incarcerative sanctions, among them, community service,
restitution, fines, and probation. While the back-door strategies such as detention, parole, work
release and good behavior are devised to get the offenders out of the prison before end of their terms
in order to free space for new comers.
• Construction Strategy of building new facilities to meet the demand for prison space for an
advantageous prison management. The approach comes to mind when legislators and correctional
officials confront the problem on prison crowding, sanitation and prison violence to expand the size,
number of facilities and personnel.
• Population-Sensitive Flow Control Strategy urges the sentencing be linked to the availability of
prison space and management staff, the policies be developed allowing the release of the prisoners
when prison facilities become crowded and staff are greatly outnumbered to manage prisoners, and
that each court be allotted a certain amount of prison space and staff members so that the judges and
prosecutors make certain decisions accordingly. This strategy depends on the political will to release
prisoners even in the face of public protest (Clear and Cole, 1986).

BUREAU OF JAIL MANAGEMENT AND PENOLOGY

MANDATES. The Bureau of Jail Management and Penology was created on January 2, 1991 pursuant to
Republic Act 6975, replacing its forerunner, the Office of the Jail Management and Penology of the defunct
Phil. Constabulary/ Integrated National police. The BJMP has jurisdiction over all district, city and
municipal jails. It is a line bureau of the Department of the Interior and Local Government (DILG). As such,
it shall ensure the establishment of secured, clean, adequately equipped, and sanitary facilities and provision
 16
of quality services for the custody, safekeeping, and development of district, city and municipal inmates, any
fugitive from justice, or person detained, awaiting or undergoing investigation or trial and/ or transfer to the
National Penitentiary, and/ or violent mentally ill person who endangers him/herself or the safety of others as
certified by the proper medical or health officer, pending transfer to a mental institution.

VISION-The BJMP envision it self as dynamic institution highly regarded for its sustain humane
safekeeping and development of inmates.

MISSION-The Bureau aims to enhance public safety by providing humane safekeeping and development of
inmates in all district, city and municipal jails.

FUNCTIONS-In line with its mission, the Bureau endeavors to perform the following functions:

a. Formulate policies and guidelines in the administration of all district, city and municipal jails
nation wide;
b. Implement strong security measures for the control of inmates;
c. Provides for the basic needs of inmates;
d. Conduct activities for the development of inmates;
e. Improve jail facilities; and,
f. Promote the general welfare and development of personnel.

CORE VALUES- The personnel are guided by the following core values:

a. Commitment- strong sense of dedication to the ideals of the organization and to the public.
b. Respect for Human Rights- promote and protect the right of our fellow human beings.
c. Efficiency/Competence-mastery of important skills for delivery of quality services.
d. Self-Discipline- the ability to act regardless of emotional state, or to withstand undue and unjust
influence.
e. Teamwork-the combined effective action of al personnel.

OBJECTIVES-The objectives of the Bureau are the following:

a. To improve the living conditions of inmates in accordance with the accepted standards set by the
UN.
b. To enhance safekeeping and development of inmates in preparation for their eventual
reintegration into the mainstream of society upon their release; and,
c. To professionalize jail services.

PRICIPLES- The following principles shall be observed in the implementation of the preceding section:

a. Humane treatment of inmates.

b. Observance of professionalism in that performance of duties.
c. Strengthened multi-sectoral approach in the safekeeping and development of inmates through
active partnership with other menders of the criminal justice system and advocates in correction.

SAFEKEEPING FUNCTIONS. COURTS AND OTHER ENTITLES AUTHORIZED TO COMMIT A

PERSON TO JAIL- The following (course and entitles) are authorized to commit a person to jail.

a. Supreme Court
b. Court of Appeals
c. Sandiganbayan
d. Regional Trial Court
e. Metropolitan/Municipal Trial Court
f. Municipal Circuit Trial Court
g. Congress of the Philippines
h. All other administrative bodies or persons authorized by law to arrest and/or commit a person to
jail.

CATEGORIES OF INMATES-The two (2) general classes of inmates are:

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a. Prisoner- inmate who is convicted by the final judgment.
b. Detainee- inmate who is undergoing investigation/trial or awaiting trial/sentencing.

CLASSIFICATION OF PRISONERS- The four (4) main classification of prisoners are:

a. Insular Prisoner- one who is sentenced to a prison term of three (3) years and one (1) day to
death.
b. Provincial Prisoner-one who is sentenced to a prison term of six (6) months & one (1) day three
(3) years.
c. City Prisoner-one who is sentenced to a prison term of one (1) day to three (3) years.
d. Municipal Prisoner- one who is sentenced to a prison term of one (1) day to six (6) months.

CLASSIFICATION OF DETAINEES-The three (3) types of detainees are those:

a. Undergoing investigation
b. Awaiting and undergoing trial; and,
c. Awaiting final judgment.

INMATES SECURITY CLASSIFICATION- The following are the classification inmates according to
risks:

a. High Risk Inmates

b. High Profile Inmates
c. Ordinary Inmates.

REQUIREMENT FOR COMMITMENTS-The following are the requirements for commitment:

a. Commitment Order
b. Medical Certificate
c. Police Booking Sheet.

CUSTODY, SECURITY AND CONTROL EMERGENCY PLANS, MOVEMENT AND TRANSFER

OF PROSONERS AND DETAINEES. CUSTODY, SECURITY AND CONTROL- The following
guidelines should be strictly observed in jail custody, security and control:

a. Conduct regular briefing for every shift, especially before any member of the custodial force
assume his/her duty and before the escort personnel leave with inmates for court hearing and other
authorized/lawful destination.

b. Maintain strict control of firearms. Never permit any firearm inside the jail except in some arias
where firearms are authorized.

c.. Maintain 24-hour supervision of inmates;

d. Maintain a system of key control. Never permit thee inmates to handle keys.

e. Secure firearms and anti-riot equipment in the armory where they can be within easy reach of jail
officer in yet afford maximum security against access by inmates.

f. Supervise the proper use of tools and other potentially dangerous articles such as bottles, acids,
kitchen knives, etc., and keep them out of any inmates reach when not in use;

g. conduct regular inmates count, at least four (4) times within a 24-hours period. Establish
procedures, which will insure beyond doubt, that every inmates is physically present or accounted
for, at every count.

h. Conduct frequent surprise searches of inmates and their quarter to detect contraband.

i. Conduct frequent inspections of security facilities to detect tampering or defects;

j. guard against escapes, assault on jail personnel and inmates disturbances;

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k. Develop plans dealing with emergencies like escapes, fires, assaults and riots. Make these plans
known and understood by jail personnel;

l. Never allow gay and lesbian jail officer to perform search and custodial functions.

m. Never allow a jail officer to render successive shift of duty except in cases of emergencies;

n. Designate a gate supervisor for every shift who will be made administratively responsible and
accountable for a daily activities at the entrance gate of jail;

o. Never allow a jail officer to open the inmates’ quarter alone. At lease one (1) other jail officer
should be present; and,

p. Select carefully the inmates to be assign as jail aide and maintain rigid control over their
activities. No inmate should be allowed to assumes any authority which belongs to jail personnel or
to exercise authority, supervision and control over other inmate.

INMATES COUNT- It is imperative that at specified times during each 24-hour period, all inmates are
physically counted. The counting must be accurate and if the total jail count does not tally, a recount should
be made.

SECURITY PROCEDURES DURING MEAL SERVICE – Security must be considered in the serving of
food inside the cells/ quarters. A jail officer should not enter the inmates, quarter to distribute food unless
another officer is available to handle the keys and control the entrance door. If only one officer is on duty, it
is essential that the door be locked to preempt being overpowered by the inmates.

DINING ROOM SECURITY – As a general precaution, individual mess utensils of inmates shall be made
of plastic. After meals, check and accounts for all forks, spoon and other kitchen utensils after every meal.

MAIL CENSORSHIP- To ease the strain of detention, inmates shall be encouraged to maintain wholesome
contact with friends and relatives through correspondence. However, the privilege of sending and receiving
mail that is extended to inmates shall be properly supervised and handled to obviate the possibility of
smuggling contraband and to use this medium as a means of illicit communication. Mail shall be distributed
to the concerned inmates after authorized jail personnel have examined it.

EMERGENCY PLANS. Emergency plans for both natural and man-made calamities and other forms of jail
disturbances shall be formulated to suit the physical structure and other factors peculiar to every jail, such as:
Natural and Man-made Calamities / Disturbances.

MOVEMENT / TRANSFER OF INMATES. Inmates may be moved or transferred under the following
circumstances:

a. Subject to the conditions set forth by the succeeding Sections, an inmate may be brought out from jail in
any of the following instances:

1) To appear, as witness or as accused, before any court of justice during preliminary investigation,
arraignment or hearing of a criminal case;
2) To appear, as witness with leave of court in any investigation or formal inquiry being conducted
by a government agency;
3) To view with leave of court the remains of a deceased relative within the second degree of affinity
or consanguinity; and,
4) To undergo with leave of court medical examination or treatment in an outside hospital or clinic.

b. An inmate maybe transferred to another institution only upon specific order of the court having
jurisdiction over him/her, except in cases of serious illness where hospitalization is necessary, and the
detainee has to be immediately taken to the nearest hospital, with the Court subsequently notified.

c. In any emergency or other compelling situations / necessities when the transfer to other jails of inmates
involved is necessary to ensure the safety and security of the inmates and personnel, the Warden can
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recommend to the Regional Director verbally or in writing, their immediate transfer to another jail within
the region provided that, on the first hour of the following working day, the Court concerned must be
informed of the said transfer.

d. For those inmates who wish to view the remains of the deceased relative, leave of court shall be first
obtained. However, the Warden may request reconsideration form the court to recall and disapprove said
order under any of the following grounds:

1) The deceased relative is lying-in-state in a place beyond thirty (30) –kilometer radius from the
place of confinement of the inmate or, in any case, where the inmate cannot return to said place
during daylight hours;

2) The detainee has a record of escape; and,

3) The detainee is classified as high risk / high profile and the jail has inadequate resources to ensure
his / her safety and security.

e. Before leaving the jail for the authorized destination, the inmate shall turn-over to the Warden such
amount that may be necessary to pay for his transportation and meal expenses and those of the jail officers
escorting him.

COOPERATION AMONG JAIL WARDENS ON TEMPORARY DETENTION OF INMATES – Jail

Wardens must agree on the use of facilities for the temporary detention or imprisonment of an inmate from
other localities before, during an dafter trial. Wardens effecting the movement / transfer of an inmate shall
shoulder all expenses for transportation and other incidental expenses of the same while confined in other
jails.

RULES TO BE FOLLOWED DURING MOVEMENT / TRANSFER OF INMATES – Whenever the

movement / transfer of inmates to other jails is effected, the following rules shall be observed:

a) The responsibility for the security of the inmate being moved / transferred shall remain with the
custodian until received by another custodian. Whenever possible, it should be made during daytime
and it must be treated confidentially.

b) All jail officers shall be given detailed instructions on their duties and responsibilities, to include
that the most direct route to the destination must be followed.

c) An inmate moved / transferred shall be handcuffed .When two or more inmates are transported,
each must be secured to the other.

d) All inmates shall be inspected and searched for dangerous weapons or objects which may be used
for escape or self destruction.

f) The following basic security precautions shall be observed during the transfer of inmates:

1) Do not allow inmates to tinker with the handcuffs;

2) Regard all inmates as extremely notorious to avoid being careless;
3) Do not allow an inmate to go to a toilet or wash room alone;
4) A jail officer shall always walk one step behind and never in front of an
inmate. The inmate shall always precede the jail officer into an automobile..
5) Stopping along the highway while in transit is highly discouraged.

g) In case an inmate is moved / transferred from one jail to another facility or correctional institution,
his carpeta must be forwarded to the jail where he is to be confined and duly received by the
designated Records Custodian.

RIGHTS OF INMATES – Although the purpose for committing a person on jail is to deprive him of liberty
in order to protect society against crime, such person is still entitled to certain rights even while in detention.
These rights are:
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a) The right to be treated as human being, and not to be subjected to corporal punishment;
b) The right to be informed of the regulations governing the detention center;
c) The right to adequate food, space and ventilation, rest and recreation;
d) The right to avail of medical, dental and other health services;
e) The right to be visited by his counsel anytime;
f) The right to practice his religious beliefs and moral precepts;
g)The right to vote unless disqualified by law
h) The right to separate detention facilities or cells particularly for women inmates;
i) If a foreigner, the right to communicate with his embassy or consulate.

PRIVILEGES ALLOWED FOR INMATES - Inmates may enjoy the following privileges:

a) To wear their own clothes while in confinement;

b) To write letters, subject to censorship, provided that expenses for such correspondence shall be borne by
them;
c) To receive visitors during visiting hours. However, visiting privileges may be denied in accordance with
the rules and whenever public safety so requires;
d) To receive books, letters, magazines, newspapers and other periodicals that the jail authorities may allow;
e) To be treated by their own doctor and dentist at their expense upon request from and approval by
appropriate authorities;
f) To be treated in a government or private hospital, provided it is deemed necessary and allowed by the
rules:
g) To request free legal aid if available:
h) To sport hair in their customary style, provided it is decent and allowed by the jail authorities;
i) To receive fruits and prepared foods, subject to inspection and approval by jail officials;
j) To read books and other reading materials available in the library, if any
k) To maintain cleanliness in their cells and brigades or jail premises and perform other work as may be
necessary for hygienic and sanitary purposes; and,
l) To be entitled to Good Conduct Time Allowance ( GCTA ) as provided by law.

MODES AND GUIDELINES OF RELEASE - The following modes and guidelines shall be observed
when inmates are to be released from detention.

A. An inmate may be released through:

1) Service of Sentence
2) Order of the Court
3) Parole
4) Pardon
5) Amnesty

B. Before an inmate is released, he shall be properly identified to ensure that he is the same person received
and will be released . His marks and fingerprints shall be verified with those taken when he was received.
any changes or differences in his distinguishing marks and scars shall be investigated to ascertain his real
identity in order to prevent the mistaken release of another person.

C. No inmate shall be released on a mere verbal order or an order relayed by telephone. The release of an
inmate by reason of acquittal, dismissal of case, payment of fines and or indemnity, or filing of bond shall be
effected only upon receipt of the Release Order served by the Court Process server. The Court Order shall
bear the full name of the inmate, the crime he was charged with, the criminal case number and such other
details that will enable the Jail Officer to properly identify the inmate to be released.

SEARCHES:

Purpose: Protect staff and residents and reduce the potential for escape by:

1. Controlling what the resident has in their possession.

2. Reducing Contraband
3. Controlling what enters the facility
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Categories:

➢ STRATEGIC – A planned search scheduled at specific times, locations or occasions

➢ TACTICAL – Searches conducted as a result of emergency or crises.
➢ RANDOM – Searches conducted for no apparent reason, at any given time.

Search Levels:

➢ Cursory – On going “visual“ search of a resident, person, place or thing.

➢ Inspection – A “conditional standard” check of a resident, resident, place or thing.
➢ Amplified – A personal search of resident, place or thing.

Personal Searches:

THREE TYPES OF BODY SEARCHES

➢ The Pat-frisk or Pat-down search – This is an external inspection of fully clothed resident. It is
least intrusive search because the officer only feels exterior surfaces to determine whether any items
are being concealed.
➢ The Strip Search – this is more intrusive than a pat –frisk search because the naked body and its
cavities are visually inspected
➢ The Cavity Search – As residents became increasingly creative in their efforts to conceal
contraband, the need for internal cavity search emerged.
(Note: This kind of search demand justification based on reasonable suspicion)

When is a pat-frisk search required?

➢ When a resident moves from one area of the facility to another.

➢ After a resident leaves a work assignment.
➢ When a Resident returns to the supervision of a staff member after
being in an unsupervised situation such as a religious activity conducted by outside volunteer.

When is a strip search required?

➢ Upon initial admission or readmission to the facility.

➢ After any contact visits
➢ When you have reason to suspect that the resident has contraband
(Note: Pat-down searches are used to control movement of contraband within the facility.
Strip searches are used to control the entry of contraband in the facility).

Area Search:

Like body searches, an area search can be:

➢ Strategic – Set place and time

➢ Tactical – The result of some emergency crises
➢ Random – No apparent reason. Unannounced or expected.
The typical areas in a correctional facility which will need search in a regular basis is the housing
unit or cell.

CELL SEARCH – Prior to the search, make sure you have the appropriate equipment and adequate
staff to control any resident/s that may have to be removed from the housing unit and /or contained
while search is in progress.

COUNTING PROCEDURES:

➢ Formal Count – is a regular, required count of all residents in the institution. It is normally
done five to six times each 24-hour period.
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➢ Census /Informal Count – is a frequent but irregular check to verify that all residents under
the supervision of an officer are present. This count is often done on work details or
programs.
➢ Emergency Count – is taken due to unusual circumstances, such as escapes, riots, or
disturbances.

INMATES DISCIPLINE AND ORDER is defined as the maintenance of good standards of works;
sanitation; safety; dedication; personal health and recreation and the ultimate goal is to develop self reliance;
self-control; self-respect; and most especially self-discipline.

MODIFIED THERAPEUTIC COMMUNITY are value added and complement the minimum standards
expected to be fundamental to nay residential childcare facility. This is a framework for quality provision of
residential establishment as regulated by the Department of Education and adopted in prison and jails. These
communities have separate mechanism for accountability but aspire to the same principle, notably: have a
specific and acknowledged model, on which these standard are based; work in a psycho-dynamic way, and
work explicitly with the unconscious and feelings.

INMATE’S WELFARE AND DEVELOPMENT PROGRAM (IWDP) “The Smarter Version of the
Rehabilitation Program” is a set of physical, psychological, intellectual, vocational, and spiritual activities
or interventions that facilitate inmate’s well-being and enhancement in accordance with the accepted social
norms and ethical standards. IWP Services and Activities include: Provision of Basic Needs; Health Care
Services; Livelihood Services; Educational Services; Sports and Recreation Services; Visitation Services;
Paralegal and Religious Services.

INMATES CLASSFICATION UNIT (ICU) is a unit that receive, study, classify the inmates committed to
the jail and composed of trained IWDP personnel. It performed the following functions: (1) Admission and
Registration; (2) Identification Process; (3) Body Search and Property Receipting; (4) Quarantine; (5)
Assignment of Inmates; (6) and Inmates. The procedures it undertakes are: systematic reception,
identification and case studies; intake of the initial interview; inmate assessment; inmate’s welfare and
development plan; evaluation scheme; discharge and follow-up care.

REPUBLIC ACT NO. 9263. An act providing for the professionalization of the Bureau of Fire Protection
and the Bureau of Jail Management and Penology, amending certain provisions of the Republic Act No.
6975. This act is a consolidation of Senate Bill No. 2373 and House Bill No. 6557, which was passed by the
Senate and the House of Representatives on January 29,2004 and February 2, 2004, respectively and was
signed and approved by Her Excellency Gloria Macapagal-Arroyo on March 10, 2004 . Salient features of
the law include upgrading of salary, qualifications and the former Assistant regional Director, being the head
in the region was upgraded to full-fledge Regional Director.

PROVINCIAL JAILS & YOUTH REHABILITATION CENTERS

The Provincial Jails. The Provincial jail system was first established in 1910 under the American regime.
Each of the country’s eighty-two (82) provinces has a provincial jail to serve as penal facility for prisoners
who are categorized under the law as provincial prisoners. For provinces whose jails are overcrowded a sub-
provincial jail was created. They are those sentenced by the courts to a prison term of from six months and
one day to three years.

▪ Provincial jails are under the supervision and control of Provincial governments and headed by a
Provincial Jail Warden. Although the Local Government Units, which include the provincial
government, are under the supervision of the Department of Interior and Local Government, the
provincial jails operate independently and autonomously from the Bureau of Jail Management and
Penology.

▪ The Memorandum-Circular dated March 7, 1994 issued by the Secretary for Peace and Order of the
Department of Interior and Local Government regarding the Manual of Operations for Provincial
Jails are basically similar to the correctional procedures and practices of the BJMP.The typical
services given by provincial jails to inmates include rehabilitation, health and special treatment
programs, work programs, education and vocational skills training, and religious programs.
 23
▪ House Bill No. 3441 An act amending Sections 61,62, 63, and 65 of Republic Act No. 6975 and
Section 3 of Repu8clic Act no. 9263 placing for the purpose the Provincial and Sub-Provincial Jails
under the jurisdiction of the Bureau of Jail Management and Penology.

The Regional Rehabilitation Centers for Youth. These correctional facilities are maintained and operated
by the Department of Social Welfare and Development (DSWD). There are nine Regional Rehabilitation
Centers for Youth (RRCY) nationwide the National Training School for Boys (NTSB) which are the places
of destination for youthful offenders ranging from nine (9) years old to below eighteen (18) years old.

▪ The law covering this institutional set-up is Presidential Decree 603 whish was enacted in 1974 and
otherwise known as the Child and Youth Welfare Code which suspends the sentences of minor
offenders whose ages range from nine (9) years to eighteen (18) years and places them in the
Rehabilitation Centers under the supervision or custody of their parents or to any responsible person
under the supervision of the DSWD.Under this decree, a youth offender under trial who cannot post
bail, shall be committed to the DSWD or to a local rehabilitation center or a detention home in the
province or city. There are only two facilities in the entire country, however. One is the Manila Youth
and Reception Center under the Manila Social Welfare Department and the other is the Molave
Development Youth Home jointly managed by the Quezon City Social Services and Development
Department (SSDD) and the BJMP. The SSDD takes care of home life activities while the BJMP
takes care of security.

▪ Presidential Decrees 1179 and 1210 amended PD 603 to require an application for suspended
sentence before this privilege can be availed of. If the courts find the youth guilty, the court will not
sentence the offender but shall suspend further proceedings and commit the youth to the custody of
the DSWD, to any government training institution, agency duly licensed to take custody or any
responsible person acceptable to the court. Suspended sentence, however, became automatic with the
passage of Republic Act 8369 otherwise known as the Family Courts Act of 1997. Instead of serving
their sentence, youth offenders are rehabilitated in the RRCY’s which are managed and supervised by
the DSWD. There are ten (10) rehabilitation centers for youth offenders, nine (9) of which are for
boys while only one (1) is for girls. Of the nine (9) centers for boys one is the National Training
School for Boys which also happens to be the largest RRCY. This is located in Sampaloc, Tanay,
Rizal and it caters to youth offenders coming Regions IV, V and NCR. The only RRCY for girls is
also the National Training School for Girls located at Marillac Hills, Alabang, Metro Manila.The
eight (8) other RRCYs are located in Barangay Urayong, Bauang, La Union for those coming from
Region I, II and the Cordilleras; Barangay Ayala, Magalang, Pampanga for Region III; Nueva
Valencia in the Island Province of Guimaras for Region VI; Barangay Candabong, Argao, Cebu for
Region VII; Barangay Sto. Nino, Leyte for Region VIII; Barangay Anastacio Polanco, Dipolog,
Zamboanga del Norte for Region IX; Gingoog City for Region X; and Barangay Bago Oshiro, Davao
City for Region XI. Youth offenders from Caraga Region are sent either to Dipolog, Gingoog or
Davao depending on which is most accessible.These RRCYs are only the last resort, which are
designed for the youth’s readjustment and to promote their sound growth through experience in
counseling. They are there to be enlightened, corrected and prepared for their eventual reintegration
as a productive member of society. Their stay in the center can be shorter than their suspended
sentence terms depending on how they respond to the rehabilitation process therein.

GOOD CONDUCT TIME ALLAWANCE

The provision in the computation procedure on the reduction scheme for good conduct/
behavior incentive has the following features:

1. First two years of imprisonment, 20 days off for each month of good behavior.
2. Third and Fifth year, 23 days off for each month of good behavior.
3. Following year up to 10th year, 25 days off for each month of good behavior.
4. Eleventh and successive years, 30 days off for each month of good behavior.

“VICTORY belongs to the most PERSEVERING”

Napoleon Bonaparte
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Good luck FUTURE Criminologists!