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INSTITUTIONAL CORRECTIONS

CORRECTION – is that branch of the administration of criminal justice system charged


with the responsibility for the custody, supervision, and rehabilitation of the convicted
offender.
PENOLOGY
-from the Greek words “ Poine ” which means Punishment and “ Logus” – course or
study of crime prevention, prison, reformatory management and correction of criminals.
-Is the branch of criminology which deals with the management and administration of
inmates.
PUNISHMENT
Punishment - is defined as the redress that the state takes against an offending
member. It is inflicted by the group incorporate capacity in one who is regarded as a
member of the same group. It involves pain or suffering produced by design and
justified by some value that the suffering is assumed to have. It is a means of social
control, a device to cause people to become cohesive and induce conformity thus it is
necessary to restore moral equilibrium and for grounds of social utility.
Origin and History of Punishment
- The oldest written penal law that stopped the ancient practice
of retribution of personal vengeance, and punishment become the
responsibility of the state. This law is known as the “Code of
Hammurabi”, which of Babylon promulgated. This Code of Laws was
compilation of the laws of the Semitic tribes, and is written on stone. It instituted
the law of the talons, meaning that the State will meet out punishment equally,
“as an eye for an aye” or “a tooth for a tooth”.
Punishment in Primitive Society
- The most common punishment are death, physical torture,
mutilation, branding, public humiliation, fines, forfeiture of property,
banishment, and later on transportation and imprisonment; but each of these
punishment has had forms. Thus, death has been accomplished by flaying,
crucifixion, beheading, impaling , drowning and burning; physical torture are
executed by flogging, dismemberment, and starvation; public humiliation, stocks,
pillory, docking, stools, branding, and branks and later imprisonment by
confinement in dungeons, galleys, “hulks”, jails, house of corrections,
workhouses, and penitentiaries.

Redress ( Compensation ) of a wrong act


Retaliation ( Personal Vengeance) - the earliest remedy for wrong act to
any one ( in the ). The concept of personal revenge by the victim’s family or tribe
against the family or tribe of the offender, hence“ blood feuds” was accepted in the
early primitive societies.
Fines and Punishment – Customs has exerted effort and great force
among primitive societies. The acceptance of vengeance in the form of payment
( cattle, food, personal services, etc.) became accepted as dictated traditions. As tribal
leaders, elders and later kings became into power, they begun to exert their authority
on the negotiations. Wrongdoers could choose to stay away from the proceedings ( Trial
by ordeal ) but if they refuse to abide by law imposed, they will be declared to be an
outlaw.
ANCIENT FORMS OF PUNISHMENT
a. Death Penalty – this was effected by burning, boiling in oil, breaking at the wheel,
drowning, hanging, etc.
b. Physical Torture – this was the so-called corporal punishment, which was effected
by mutilation, maiming, whipping, etc.
c. Social Degradation – the purpose of this was to put the offender to shame or
humiliation. This was affected by branding, use of ducking stool, stocks, pillory, etc1
d. Banishment– this the sending or putting away of an offender which was carried out
either by a prohibition against coming into a specified territory, or a prohibition against
going outside a specified territory, such as an island to where the offender has been
removed.
e. Other similar forms of punishment like transportation and slavery.

CONTEMPORARY FORMS OF PUNISHMENT


a. Imprisonment – putting offenders in a prison for the purpose of protecting the public
and at the same time rehabilitating them by undergoing institutional treatment
programs.
B. Parole – is defined as a procedure by which prisoners are selected for release on
the basis of individual response and progress within the correctional institution and
a service by which they are provided with necessary guidance as they serve the
remainder of their sentence in the free community.
C. Probation – it is a procedure under which a defendant found guilty of a crime is
release by the court without imprisonment subject to the condition imposed by the court
and subject to the supervision of the probation of officer
D. Fine – an amount given as a compensation for a criminal act.
E. Destierro – the penalty of banishing a person from the place where he committed a
crime, prohibiting him to get near or enter the 25- kilometer perimeter.
JUSTIFICATIONS OF PUNISHMENT
a. Retribution – punishment of an offender was carried out in the form
of personal vengeance Retribution – punishment of an offender was carried
out in the form of personal vengeance. Since retaliatory acts result in the
infliction of greater injury, the retaliation was later limited to the degree of injury
inflicted, giving rise to “An Eye for and Eye” philosophy.
b. Expiation or Atonement – this was in the form of group vengeance, as
distinguished from retribution, where punishment is exacted publicly for the purpose of
appeasing the social group. Punishing the offender gives the community a sense of its
moral superiority, assurance that virtue is regar5ded after all.
C. Deterrence or Exemplarity – punishment gives lesson to the offender by showing to
others what would happen to them if they violate the law.
D. Protection – by placing offenders in prison society is protected from the further
criminal depredation of criminals.
E. Reformation – society’s interest can be best served by helping the prisoner become
a law-abiding citizen and productive upon his return to the Community by requiring him
to undergo an intensive program of rehabilitation. Constitutional Restrictions on
Penalties The Constitutional directs that “excessive fines shall not be imposed, nor
cruel and unusual punishment inflicted”. (Sec. 21 Art. IV, 1973 Constitutions of the
Philippines).
SCHOOLS OF PENOLOGY
1. .Classical School – among its proponents included Beccaria, Rousseau,
Montesquieu and Voltaire, maintained the doctrine of psychological hedonism,
that the individual calculates pleasures and pains in advance of action and
regulates his conduct by results of his calculations. Hedonistic Calculus
formulated by Betham , a great reformer of criminal law out on precise
mathematical laws for the infliction of punishment.
2. Neo-Classical School – arose at the time of the French Revolution, maintained
that while the Classical Doctrine was correct in general, it should be modified in
certain details; since children and lunatics cannot calculate pleasures and pain,
they should not be regarded as criminals or be punished.
3. Positive School – denied individual responsibility and reflected an essentially
non-punitive reaction to crime and criminality. Since the criminal was held to be
not 0responsible for his acts, he was not be punished.
CORRECTIONAL SYSTEM
The function of correction serves to rehabilitate and neutralize the
deviant behavior of adult criminals and juvenile delinquents. This component of the
criminal justice system faces a three-side task in carrying out the punishment imposed
on the convicted offender by the court, to deter, to inflict retribution, and rehabilitate.
The components of the correction effectuate their functions through different programs,
probation, commitment to an institution, and parole.
Prisons are a major stock in the moral order of the society.
They symbolize the ultimate instrument of punishment the state can wage against
those who renege on the social contract. Besides death, imprisonment remains
society’s most ominous response to the social disorder. Include among the
purposes of a civilized society are maintenance of law and order and control of
violence. To accomplish this purpose, deviant individuals are isolated.
EVOLUTION OF CORRECTIONS
Code of Hammurabi (1750 BC) – the first formal law dealing with the concept of justice
AsLexTaliones “An Eye for an Eye and a Tooth for a Tooth”.
Mosaic Law – allowed extreme punishments such as flogging or burning alive,
offenders are entitled to freedom from torture and admission of guilt is admissible only
when there is a confirmatory testimony from at least one witness.
King Ur-Nammu’s Code – decreed the imposition of restitution and fines of execution,
mutilation or other savage penalties. It holds the principle that offender can be punished
and victims can be paid by making the offender reimburse the value of whatever
damages as the result of crime.
Nicodemeans Ethics – written in 400 BC first publication that explains crime and
corrective justice stating that “ Punishment is a mean of restoring the balance between
pleasure and pain”
509 BC – a law was passed prohibiting flogging or execution unless affirmed by the
Centuriate Assembly Underground cisterns – a form of prison used to detain offenders
undergoing trial in some cases and to hold sentences offenders where they were to be
starved to death.
Ergastulum– Roman prison that was used to confine slaves where they were attached
to workbenches and forced to do hard labor in the period of their imprisonment.
Justinian Code – Roman Emperor Justin put this code into law in 529 AD and became
the standard law in all the areas occupied by the Roman Empire particularly Europe.
This code was a revision of the Twelve Tables of Roman Law that originated at bout
500 BC stating every crime and penalties for every offense listed in the said table.
Burgundian Code – code that introduced the concept of restitution but punishment was
meted according to the social class of the offenders. Offender had to pay the specified
value in order not to undergo physical sufferings as penalty.
P Innocent VIII (1487) – issued Papal Bull that allowed refugee offenders to be driven
out of the sanctuary if they used this for committing crimes but half centuries later, many
sanctuaries closed and those still remaining have refused to accept offenders of serious
crimes such as rape, murder and robbery.
Pope Leo I – 440AD was the first Pope to fully expressed approval for killing, otherwise
human and divine law would be subverted.
Priscilian– 385 AD the first recorded Christian who was put to death for being a heretic
(Unorthodox) but death as capital punishment was first used in 1022 in Orleans, France
when thirteen heretics were burned at the instigation of the church. Pope Innocent II
tried to wash his hands like a Pontius Pilate when it turned over heretics to the secular
authorities for proper punishment that included death.
Pope Gregory IX – through his Papal Encyclical “Encommunicamus” issued in 1231
that 3 made part of the Canon Law the burning of non-believers at the stake. He also
initiated the Inquisition that led to the burning of hundreds of heretics.
Pope Innocent IV – officially introduced torture to the Inquisition procedure in 1252.
Pope John Paul II – reversed the practice of death as form of punishment, Pro-Life
Pope in his Encyclical TertioMillenioAdveniente, formally apologized to the past
intolerance and use of violence in the defense of truth and has challenged to break
away from the “culture of death”.
Goals – other word for jails during early days, were hard for poor prisoners but not for
those who were wealthy. This was because prisoners had to pay for their
accommodations, food and cost of administration and security. Beddings, blankets,
lights and everything were sold or rented to prisoners at very high rates. The jailer or
gaoler was paid from payment of prisoners.
King Henry VII of England – he decreed corporal punishment for vagrants in 1531 and
penal slavery in 1547 to depend the interests of the still dominant landlord class.
Bridewell Institution in Bridewell, England – established during the reign of King
Edward VI, as a workhouse for vagabonds, idlers and rogues. The Bridewell was a
reform of some sort over the traditional, already unworkable system of punishment.
Vagrants and prostitute were given work while serving their sentence. After two
centuries this system lost its usefulness due to banishment of offenders to the colonies.
Lombroso, Beccaria and Betham – their efforts changes the prison system based on
solitary confinement and hard labor so that by 1779 a penitentiary act was passed that
mandated the establishment of prison system.
Norfolk Prison at Wymondham, England – after the Penitentiary Act of 1779 this
prison was opened.
National Penitentiary of Milkbank – followed in 1821.
Pentonville National Penitentiary – opened in 1842.
Alexander Solshenitsyn – a political prisoner who popularized banishment is the
Gulag Archipelago in a novel.
Penal Code of Russia (1845) – punishes offenders to hard labor of four years to life.
Fortunate prisoners sentenced to hard labor were destined to the factories or
construction of fortresses. Sentences to labor in the mines were the unluckiest of the
destinations.
2 Distinct Benefits of Banishment
1. It allowed the transporting country to colonize distant lands such as Australia,
Canada, Africa and all other far-flung colonies.
2. It reduced number of criminals and the concomitant reduction of criminality in the
country of origin. Aside from banishment and hard labor offenders were also sentenced
to provide hard labor for public works including the building of military fortifications and
as a result of these developments, Spaniards also built fortifications in the Philippines
and that includes Fort Santiago in Manila and Fort Del Pilar in Zamboanga.
Maine State Prison – underground facilities to incarcerate offenders contained cells in
the pits similar to the underground cistern of long ago Rome that were used to detain
offenders under going trial in some cases and to hold sentenced offenders where they
will be starved to death. These pits were entered through an iron gate in the ceiling
during late 1828.
Connecticut State Prison – used a copper mine at Simsbury from 1773 to 1827 as
prison facilities wherein prisoners worked in the mines during the day and then their
ankles and necks were shackled during nighttime to prevent escape.
Sing Sing Prisons – became famous or rather infamous all over the world and was plot
of many movies filmed because of the Sing sing bath which was inflicted aside from the
floggings, denial of reading materials and solitary confinement. The shower bath was a
gadget do constructed as to drop a volume of water on the head of a locked naked
offender. The force of the icy cold water hitting the head of the offenders caused so
much pain and extreme shock that prisoners immediately sank into come due to
the shock and hypothermia or sudden drop of the body temperature.
1847 – Flogging was declared illegal.
St. Michael Prisons – first established in 1704 during the reign of Pope Clement XI at
the Hospital of St. Michael was a prototype of the reformatories for juvenile offenders.
This s the seed of Auburn Prison System of the United States wherein rehabilitative
concept and pioneered segregation of prisoners and force silence to make prisoners
contemplate their wrongdoings.
3 Institutions Built in the State of Pennsylvania
1.The Walnut Street Jail (1790)
-Originally constructed as a detention jail in Philadelphia, it was converted into a state
prison and became the first American Penitentiary. It began the penitentiary system in
the United States when legislation was passed establishing the principle of solitary
confinement, strict discipline, productive work and segregation of the more dangerous
offenders.
2. The Western Penitentiary (1826)
3. The Eastern Penitentiary (1830)
Jail Penitentiary Concept
The term penitentiary came from the Latin word “Paenitentia” meaning penitence, and
was coined by an English prison reformer, John Howard. It referred to a place where
crime and sin may be stoned for and penitence produced.
Two Rival Prison Systems in the Early History of imprisonment
a. Auburn Prison – among its features were the confinement of the prisoners in a
single cells at night and congregate work in shops during the day. Complete
silence was enforced.
b. Pennsylvania Prison – it features consisted in solitary confinement of the
prisoners in their own cells day and night, where they lived, slept, received
religious instructions and read and the bible, and given the work. Silence was
also enforced. “Sentenced to Solitary Confinement at Hard Labor”
The Reformatory Movement
This consisted in the introduction of certain reforms in correctional field by certain
persons, gradually changing the old punitive philosophy of punishment (Mass
treatment, enforced silence, idleness, regimented rules and severe punishment) to a
more humane treatment of prisoners with innovative institutional programs.
1870 – National Prison Association (now the American Correctional Association) held its
first national congress in Cincinatti, Ohio/. Leading practitioners in the field of
corrections and prison reformers from across the land came to this congress fully
prepared to present their expert views on how to best approach and humanize the
handling of people sentenced to suffer imprisonment.
1876 – Young female prisoners began to be admitted to the Houses of Refuge wherein
they underwent similar regimen to that of the boys but limited to sewing, cleaning,
washing, ironing, cooking and many other activities peculiarly done by women.
1878 – State of Massachusetts passed the First Probation Law.
1899 –first juvenile court was established in Cook Country, Illinois.
1925 – 48 states had juvenile courts and some of these states also have probation
services catering solely to juvenile offenders.
Japanese Correctional Development
Kangokusoku Prison Rules in 1872 – first law establishing a modern criminal justice
administration in Japan.
1908 – the present Prison Law and Prison Law Enforcement Regulations in Japan were
both enacted and enforced when old prison regulations were abolished.
1884 – Professionalization of Japanese Correction Officers started when a training
program for prison officers was devised and implemented in Yokohama Prison.
1890 – National Training Institute for Prison Officers was established in Tokyo seeded
by a Russian penologist Dr. Kurt von Seebach.
1912 and 1914 – general pardons were promulgated on two occasions of bereavement
of the Imperial Family members such as amnesty and commutation to a total of 36,731
prisoners.
1923 – community-based treatment system for juvenile offenders was implemented,
with the promulgation of the Juvenile Law and Reformatory Law.
May 1932 – the country was administratively divided into three regions effect a more
efficient productivity management of prison industries, by August 1945, the
three regions were increased into eight and in July 1952, Regional Corrections
Headquarters was established in each of these regions to serve as intermediate
supervisory organ to closely supervise and coordinate corrections work among the
different corrections institutions and facilities.
1933 – Ordinance for Prisoner Progressive Treatment was promulgated which started
the classification of prisoners, a step towards the use of scientific approach in coming
up with treatment programs for prisoners.
1939 – Judicial Rehabilitation Service Law was enacted.
1947 –after the World War II, the Amnesty Law was passed which defined two types of
amnesty, general and individual.
1947 – National Training Institute for Prison Officers stopped operating.
1969 – Training institute for Correctional Personnel was operational.

1948 – Prisoner’s Classification Regulation was enacted.


1948 – Reformatory Law of 1922 was revised and renamed the Juvenile Training
School Law.
June 1, 1949 – the prison system was again reorganized and renamed Correction and
Rehabilitation Bureau to conform to the changing philosophies of criminal justice.
1950 –the Volunteer Probation Officer Law of 1950 also went into effect and
established.
1952- an amendment in the laws which integrated service of the Regional Parole
Board, the Probation Office and the Volunteer Probation Officers for juvenile and young
offenders with their adult counterpart.
1954 –the law for Probationary Supervision of Persons under Suspension of Execution
of Sentence was promulgated.
1958 –full enforcement of the Anti-Prostitution Law resulted in the supervision of
conditional releases from Women’s Guidance Homes.
1969 – Ichihara Prison was established for traffic violators sentenced without forced
labor.
1976 – Kakogawa Prison and Saijo Prison were opened.
Persons Responsible for Introducing Reforms in the Correctional Field
( a ) Manuel Montesimos –he was the Director of Prisons at Valencia, Spain in 1835,
who 6 divided prisoners into companies and appointed prisoners as Petty Officers in
charge; allowed reduction of the inmates sentence by one third (1/3) for good behavior;
offered training to prepare the convicts to return to society.
( b ) Domets of France – established an agri-cultural colony for delinquent boys in
1839, providing house fathers as in charge of these boys. He concentrated on re-
education; upon their discharge, the boys were placed under the supervision of a
patron.
( c ) Alexander Macanochie – as Superintendent of the Penal Colony at Norfolk Island
in 1840, he introduced a progressive humane system to substitute for corporal
punishment, known as the “Mark System”
Mark System
The prisoner was required to earn a number of marks based on proper department,
labor and study in order to entitle him to a ticket of leave or conditional release which
are similar to parole. Macanochie’s mark system, consisted of five (5) stages:
1. Strict custody upon admission to the penal colony;
2. Work on government gangs;
3. Limited freedom on the island within a prescribed area;
4. Ticket of leave; and
5. Full restoration of liberty
( d ) Sir Walter Crofton – he was the Director of the Irish Prisons in 1854 who
introduced the Irish system which was later on called the progressive stage system.
The Irish system was actually a modification of Macanochie’s work system, and
consisted of four stages
(e ) Zebulon R. Brockway – he was the Superintendent of the Elmira Reformatory in
New York in 1876 who introduced a new institutional program for boys, 16 to 30 years
of age.
Elmira Reformatory
The Elmira Reformatory is considered as the forerunner of modern penology because it
had all the elements of a modern correctional system, among which were a training
school type, that is, compulsory education; case work method;
And extensive use of parole based on the indeterminate sentence. This was the first
penal institution to remodel its away from punitive and retributive practices and veered
them towards reformation and treatment. Educational and vocational were imparted to
the prisoner as a way to treat his lack of life skills to survive according to the rules
society. Parole also started in Elmira Reformatory, after 12-month of good conduct
prisoner, he was eligible for parole.
( f ) Sir Evelyn RugglesBrise – was the Director of English Prisons who opened the
Borstal Institution after visiting Elmira Reformatory in 1897, such as Borstal Institutions
are today considered as the best reform institutions for young offenders. This system
was based entirelty on the individualized treatment.
( g ) John Howard – known as the Father of Penitentiary/ FATHER OF MODERN
CORRECTIONS. Sheriff from Bedfordshire, England who exercised the traditional but
neglected responsibility of visiting the local prisons and institutions. He was shocked by
what he saw, especially when he learned that the keepers were paid no regular salary
but depended upon extracting a living from the prisoners; secondly, that large number
of persons who had been discharged by the grand jury or acquitted at their trials were
still detained owing to the fact that they had been unable topay their discharge fees.
For every prison inspected, he put into records important details he observed, wrote
and published a book that started the interest of reformers in English society. Many of
his landmark recommendations we reincorporated into the Penitentiary Act of 1779 and
adopted as 7 standard procedure in the first modern prison constructed in 1785 on
Norfolk, England. It was not until 1842 that Howard’s idea of penitentiary was given
recognition.
( h ) Father Cook (1870) – he identified youthful offenders being tried in the courts and
whose cases were committed by force of circumstance and not due to criminal nature of
the accused. After finding that the offender was not a hardcore felon and can still be
reformed, Father Cook presented himself before the court as adviser of the offender.
( I ) Edward N. Savage (1887) – Chief of Police in Boston who was appointed as the
first government probation officer after the first Probation Law in Massachusetts was
passed in 1878
HISTORICAL BACKGROUND OF THE PENAL SYSTEM IN THE PHILIPPINES
The establishment of prisons in the Philippines was formally started during the Spanish
regime when Spanish penal laws contained in royal decrees, ordinances, rules and
regulations were extended to the country.
1847 – the Old Bilibid Prison has been operational, main insular penitentiary was
constructed and formally opened by a Royal Decree in 1865.
- CARCEL Y PRESIDIO CORRECTIONAL was formed erected at Mayhaligi St.,
in Sta. Cruz, Manila now the present site of Manila City Jail. Insular prisoners
were subjected to all forms of punishment and many prisoners died after few
months of detention.
1869 –San Ramon Prison and Penal Farm in Zamboanga City which was named
after the patron Saint of its founder Ramon Blanco was established primarily to confine
political offenders.
1898 – San Ramon Prison was closed during the Spanish-American War.
– American tried to correct the system by introducing some techniques of
handling offenders humanely.
November 16, 1904 – Iwahig Penal Colony in Palawan was established with 16
prisoners sailed for Palawan to start building the colony thereat on orders of Governor
Forbes, then the incumbent Secretary of Commerce and Police.

1904 – The San Ramon Prison was reopened.


- The Reorganization Act of 1905 created the Bureau of Prisons under the
Department of Commerce and Police, then transferred to the Department of
Public Instruction and finally placed under the Department of Justice. The
three(3) prisons and penal colonies, Old Bilibid, San Ramon, and Iwahig were
placed under the Bureau of Prisons jurisdiction including the Corregidor
Stockade and the Bontoc Prison, which was later, phased out of use.
1916 – proposed correctional code was enacted and introduced leniency for convicted
prisoner.
1924 – Commonwealth Act No. 3203 established the Reformatory for Boys and Girls.
November 27, 1929 – Correctional Institution for Women in Mandaluyong, Rizal was
established by authority of Act No. 3579.
January 21, 1932 – Davao Penal Colony was established in accordance with Act No.
3732 and Proclamation 414 Series of 1931.
1941 – prisoners from the Old Bilibid Prison was transferred to its present site in
Muntinlupa and renamed the New Bilibid Prison which was later became the main
Insular Prison.

Under the Philippine Republic after World War II, two (2) more prisons were created to
decongest the over-crowded condition of the New Bilibid Prison. These are:
1. Penal Colony in Mindoro Occidental which was established on September 27,
1954; and
2. Leyte Regional Prison in Abuyog, Leyte which was established on January 16,
1973.

PENALTY AND THE MODERN PERIOD OF CORRECTION

Penalty – is defined as the suffering inflicted by the State against an


offending member for the transgression of law.
Juridical Condition of Penalty
Punishment must be:
1. Productive of suffering – without however affecting the integrity of the
human personality.
2. Commensurate with the offense – different crimes must be punished with
different penalties ( Art, RPC)
3. Personal – the guilty must be the one to punished, no proxy.
4. Legal – the consequence must be in accordance with law.
5. Equal – equal for all person
6. Certain – no one must escape its effect.
7. Correctional – changes the attitude of offenders and become law abiding
citizens.

Duration of Penalties
1. Death Penalty – Capital punishment
2. Reclusion Perpetua – life imprisonment, a term of 20 – 40 years imprisonment
3. Reclusion Temporal – 12 years and 1 day to 20 years imprisonment
4. Prision Mayor – 6 years and 1 day to 12 years
5. Prision Correctional – 6 months and 1 day to 6 years
6. Arresto Mayor – 1 month and 1day to 6 months
7. Arresto Menor – 1 day to 30 days
8. Bond to keep the peace – discretionary on the part of the court

The Modern Period of Correction


Modern Penal Management incorporates general principles of treating offenders that
are based on humane practices such as the following:

1. Jail or Prison rules shall be applied impartially without Discrimination on ground


of race, color, language, religion or other opinion, national or social origin,
property, birth or other status.
2. The religious belief and moral precepts not contrary to law, which the prisoner
holds must be respected.
3. Prison or Jail rules and regulations shall be applied with firmness but tempered
with understanding.
4. Custodial force shall, at all times, conduct themselves as a good examples
5. Abuse or indecent language to prisoners shall not be used.
6. Special care towards inmates shall be practiced preventing humiliation or
degredation.
7. No use of force must be made by any of the custodial force, except in self
defense or attempt to escape or incase of passive physical resistance to a lawful
order.
8. Custodial force shall bear in mind that prisoner are sick people who need
treatment.

JAILS AND OTHER INSTITUTIONS FOR DETENTION


Jail defined
Jail is a building for the confinement of people who have broken the law or are awaiting
trial, especially those convicted of minor offenses.
Purpose of the Jail – Jails exist for two purposes
a.) For temporary holding of persons who are awaiting trial court, but who cannot
afford bail, or those who are charged of capital offense (punishable with death)
where evidence is strong, and being under detention are called “detainees”
b.) Those serving short sentence for minor crimes, or for a period of
imprisonment less than three (3) years.
Person under detention or the so-called “detainees”
1.Person who are awaiting trial and who have not been released on bail or on their own
recognizance;
2.Important witnesses who might otherwise disappear;
3.The insane, the feeble-minded, and others who are suffering from mental or physical
conditions and who, although they are not charged with any offense, are
being detained for their own protection until some other arrangements can
be made for their care.
The Philippine Correctional System
The Philippine Correctional System has two (2) approaches, Institution and
Community-Based Approach. The institution-based has three (3) levels: the
national, provincial, and sub-provincial jails and the district, city and municipal
jails while the community-based approach has probation, parole, conditional
pardon and release on recognizance as mode of rerelease
A. Institution-Based Approach
Presently there are three (3) Executive Departments that
supervise and control the numerous nationwide, which provides incarceration
and rehabilitation to offenders. These are the Department of Justice(DOJ), Department
of the Interior and Local Government (DILG) and the Department of Social Welfare and
Development(DSWD).
B. Community-Based Approach
Not all convicted offenders have to serve their sentence behind bars.
Some are allowed to stay in the community, subject to conditions imposed by the
government. They are either granted probation, parole, conditional pardon and
recognizance.
Presidential Decree 765 – enacted last July 16, 1975 creating the Office of the
Jail Management and Penology under B/Gen. Laquian, during that time 18-22%
of the annual income of the local government were given to PC/INP as their
salaries and allowances. The city and municipal jails were under the supervision
and control of –he local PC/INP and supported by the local government
financially.
Republic Act 6975 – “DILG Act of 1990”, which creates the PNP, Fire and Jail
Services as separate and , on July 1, 1991, BJMP was created under the DILG
to supervise and control the administration and operation of all district, city and
municipal jails.
BJMP Manned PNP Manned
Total District Jails 112 4- (CAR) 116
City Jails 68 3- (R4-2 & R6-1) 71
Municipal Jails 264 826 1,090
BUREAU OF JAIL MANAGEMENT AND PENOLOGY
The Jail Bureau shall direct, supervise and control the administration and
operation of all district, city and municipal jail to effect a better system of jail
management, nationwide.

MISSION STATEMENT
The BJMP ensure public safety by providing quality jail management services in all
district, city and municipal jails through efficient and humane mechanism for the
safekeeping and development of inmates.
VISION
The Bureau of Jail Management and Penology envisions a dynamic and responsive
institution, which upholds professional jail services to promote public safety.
OBJECTIVES: The broad objectives of the Bureau are the following:10
1. To improve the living conditions of inmates in accordance with the accepted
standards set by the United Nations;
2. To enhance the rehabilitation and reformation of inmates in preparation for
their eventual reintegration into the mainstream of society upon their release;
and
3. To professionalize jail services.
POWERS: The Bureau shall exercise supervision and control over all district, city and
municipal jail to ensure ‘ a secured, clean, sanitary and adequately equipped jail for the
custody and safekeeping of city and municipal prisoners, any fugitive from justice or
persons detained awaiting investigation or trial and/or transfer to national penitentiary,
and any violent, mentally-ill person who endangers himself or safety of others.
FUNCTIONS: In line with its mission, the Bureau endeavors to perform the following
a) Formulate policies and guidelines on the administration of all district, city and
municipal jails nationwide
b) Formulate and implement policies for the programs of correction, rehabilitation
and treatment of inmates
c) Plan and program funds for the subsistence allowance of inmates; and d)
Conduct researches, develop and implement plans and programs for the
improvement of jail services throughout the country.
Principles of the BJMP
1. It is the obligation of the jail authorities to confine offenders safely and provide
rehabilitative programs that will negate criminal tendencies and restore their positive
values to make them productive and law abiding citizens.
2. No procedure or system of correction shall deprive any offender of hope for his
ultimate return to the fold of the law and full membership in society.
3. Unless provided otherwise, any person accused of a criminal offense shall be
presumed innocent and his rights, as a free citizen shall be restricted, except for such
indispensable restraints during his confinement in the interest of justice and public
safety.
4. Offenders are human being entitled to the same basic rights and privileges
enjoyed by citizens in a free society, except that the exercise of these rights are limited
or controlled for security reasons.
5. Health preservation and prompt treatment of illness or injury is a basic right of
every person confined in jail and it is the duty of jail facilities to arrange for their
treatment subject to the security measures.
6. Members of the custodial force shall set themselves as examples by
performing their duties in accordance with the rules and respect the laws duly
constituted autorities.
7. No jail personnel shall be abusive, insulting, indecent languages on the
offenders.
8. No jail personnel shall use unnecessary force on offenders except for
legitimate self-defense or in cases of attempted active and passive physical resistance
to a lawful order.
9. No penalty shall be imposed upon any offender for violation of
rules/regulations unless in accordance in duly approved disciplinary procedures.
10. Penalties to be imposed shall not be cruel, inhuman, or degrading, and no
physical punishment shall be employed as a correctional measure.
11. Members of the custodial force must be understand that the offenders need
treatment and counseling and the primary purpose of the confinement is for
safekeeping and rehabilitation.
12. When conducting routinely custodial guarding, the ratio of 1:7, or one guard
for every 7 offenders shall be observed.
13. When the offender is in transit, the ratio 1:1+1 for every offender shall be
observed. In case of high risk offender that demands extra precaution additional guards
shall be employed. This manning level shall be national in Scope for effective jail
administration.
ORGANIZATION AND KEY POSITIONS, ESTABLISHMENT OF DISTRICT, CITY
AND MUNICIPAL JAILS
The Bureau of Jail Management and Penology, also referred to as the jail
Bureau, was created pursuant to Section 60, RA 6975, and initially consisting of
uniformed officers and members of the Jail Management and Penology Service as
constituted under Presidential decree 765. The Bureau shall be headed by a Chief with
the rank of Director, and assisted by a Deputy Chief with the rank of Chief
Superintendent.
The BJMP, also referred to as the Jail Bureau, was created pursuant to Section 60, R.A.
no. 6975,and initially consisting of uniformed officers and members of the jail
management and penology service as constituted under P.D no. 765.
The Bureau shall be headed by a chief with the rank of Director, and assisted by a
Deputy Chief with the rank of Chief Superintendent.
The Central Office is the Command and Staff HQ of the Jail Bureau composed of 3
Command Groups, 6 Coordinating Staff Divisions, 6 Special Staff Groups and 6
Personal Staff Groups namely:
1. Command Group
– Chief BJMP
– Deputy C/BJMP
– Chief of Staff
2. Coordinating Staff Group
– Administrative Division
– Operation Division
– Logistic Division
– Finance Management Division
– Research Plans and Program Division
– Inspection and Investigation Division
3. Special Staff Groups
– General Service Unit
– Health Services Unit
– Chaplain Services Unit
– Community Services Unit
– Finance Services Unit
– Hearing Office
4. Personal Staff Groups
– Aide-de-Camp
– Intelligence Office
– Public Information Office
– Legal Office
– Adjudication Office
– Internal Audit
Regional Office:
At the Regional Level, each Region shall have a designated Assistant regional
Director for Jail Management and Penology.
Provincial Level:
In the Provincial Level, there shall be designated a Provincial Jail Administrator
to perform the same functions as the ARDs province wide.
District Office:
In the District Level, where there are large cities and Municipalities, a district jail
with subordinate jails, headed by a Warden may be established as necessary.
City and Municipal Office:
In the City and Municipal level, a city or municipal Warden shall head each jail.
Rank Classification of the BJMP:
RANK POSITION/TILTE APPOINTING AUTHORITY
Director Chief of the BJMP Secretary of DILG C/ Supt. Deputy C/BJMP Same Sn. Supt.
Asst. Regional Dir. Same Supt. Asst. Regional Dir. Same Chief Insp. Warden Under
Secretary Sn. Insp. Warden Same Inspector Warden Same SJO4 to Jail Guard Chief of
the BJMP JO1
Duties and Responsibilities:
A. WARDEN
– Director, Coordination, and Control of the Jail
– Responsible for the:
* Security, Safety, Discipline and well being of inmates
–The office of the Warden may Organize the following units:
1.Intelligence and Investigation Team
– It gathers, collates and submits intelligence information to
the office of the warden on matters regarding the jail condition.
2. Jail Inspectorate Section
– Inspect jail faculties, personnel, prisoners and submit
reports to the warden.
3. Public Relation Office
– Maintain public relation to obtain the necessary and
adequate public support.
B. ASSISTANCE WARDEN
– The office of the Assistant Warden undertakes the development of a systematic
process of treatment.
– Chairman of the Classification Board and Disciplinary Board.
C.ADMINISTRATIVE GROUPS
The administrative groups take charge of all administrative functions of jail Bureau:
1. Personnel Management Branch
– Assignment of Personnel
– Procedures of selection
– Preparation of personnel reports
– Individual record file
2. Records and Statistics Branch
– Keep and maintain booking sheets and arrest reports
– Keep an orderly record of fingerprints and photographs
– Present/prepare statistical data of inmates
3. Property and Supply Branch
– Take charge of the safekeeping of the equipment and supplies
and materials needed for the operation of the jail.
4. Budget and Finance Branch
– Take charge all the financial matters such as budgeting,
financing, accounting, and auditing.
5. Mess Service Branch
– Take charge of the preparation of the daily menu, prepares and
cook the food and serve it to inmates.
6. General Service Branch
– Responsible for the maintenance and repair of jail facilities and
equipment’s. It is also task with the Cleanliness and beautification of jail
compound.
7. Mittimus Computing Branch
– Tasked to receive court decisions and compute the date of the
full completion of the service of sentence of inmates.
* Mittimus – Is a warrant issued by the court directing the jail or
prison authorities to receive the convicted offender for service of sentence
imposed or for detention.
D. SECURITY GROUPS
- The security groups provides a system of sound custody, security and control of
inmates and their movements and also responsible to enforce prison or jail
discipline.
1. Escort Platoon
a. Escort Section – to escort the inmate upon order of any judicial body;
upon the summon of a court; transfer to other penal institutions.
B. Subpoena Section – receives and distribute court summons, notices,
subpoenas, etc.
2. Security Platoon – a three 3 working platoon shifts responsible for over all
security of the jail compound including gates, guard post and towers. They are
also responsible for the admitting and releasing unit.
E. REHABILITATION PURPOSES GROUPS:
- This group provides services and assistance to prisoners and their families to
enable them to solve their individual needs and problems arising from the
prisoner’s confinement.
1. Medical and Health Service Branch
– Provides medical and physical examinations of inmates upon
confinement, treatment of sick inmates and conduct medical and physical
examinations and provide medicines or recommends for hospitalization of
seriously ill prisoners or inmates. It also conducts psychiatric or psychological
examinations.
2. Work and Education Therapy Services
– It charge of the job and educational programs needed for rehabilitation
of inmates by providing them job incentives so they can earn and provide
support for their families while in jail.
3. Socio- Cultural Services
– It takes care of the social case work study of the individual prisoners by
making interviews, home visits, referral to community resources, free legal
services, and laison works for the inmates.
4. Chaplaincy Services
– It takes charge for the religious and moral upliftment of the inmates
through religious services. These branch caters to all religious sects.
5. Guidance and Counseling Services
– Responsible for the individual and group counseling activities to help
inmates solve their individual problems to help them lead a wholesome and
constructive life.
THE RECEPTION AND DIAGNOSTIC CENTER (RDC)
This is a special unit of prison ( Camp Sampaguita ) where new prisoners
undergo diagnostic examination, study and observation for the purpose of determining
the programs of treatment and training best suited to their needs and the institution to
which they should be transferred.
It is composed of the following staff members:
1. The Psychiatric – responsible in the examination of the prisoner’s mental and
emotional make- up.
2. The psychologist – responsible to conduct study on the character and behavior of
the prisoners.
3. The Sociologist – study the social case situation of the individual prisoner.
4. The Educational Counselor – conducts orientation classes to in order to change
inmates attitudes towards education and recommends educational program for the
prisoners.
5. The Chaplain – encourage the prisoner to participate in religious activities.
6. The Medical Officer – conducts physical examination and recommends medical
treatment of the prisoners.
7. Custodial – Correctional Officer- recommends the transfer and type of custody of
inmates.
THE QUARANTINE CELL OR UNIT
This may be a unit of the prison or a section of the RDC where the
prisoner is given through physical examination including blood test, x-ray,
vaccinations and immunity. This is for the purpose of insuring the prisoner is not
suffering from any contagious disease, which might be transferred to the prison
population.
DEFINITION OF TERMS
As used in the Bureau of Jail Management and Penology Manual, the following terms
are defined:
a. Commitment Order – A written order of the court or any other competent authority
consigning an offender to a jail or prison for confinement.
B. Contraband – Any article, item, or thing prohibited by law and/or forbidden by jail
rules.
C. Escape – an act of getting out unlawfully from confinement or custody by an inmate.
D. Instrument of Restraint – A device, contrivance, tool or instrument used to hold
back, keep in, check or control an inmate; e.g. handcuffs, leg irons.
E. Jail – A place of confinement for inmates under investigation, awaiting or undergoing
trial, or serving sentence.
F. Mittimus – A warrant issued by a court bearing its seal and signature of the judge,
directing the jail or prison authorities to receive inmates for custody or service of
sentence imposed therein.
G. Penology – A branch of criminology, which deals with management and
administration of inmates.
H. Rehabilitation – A program of activity directed to restore an inmate’s self-respect
thereby making a law-abiding citizen after serving his sentence.
i. Safekeeping – The temporary custody of a person for his own protection, safety or
care; and/or his security from harm, in jury or danger for the liability he has committed.
j. Inmate – Either a prisoner or detainee confined in jail.
K. Detainee – A person accused before a court or competent authority who temporarily
confined in jail while undergoing investigation, awaiting final judgment.
L. Prisoner – An inmate who is convicted by final judgment and classified as insular,
provincial, city or municipal prisoner.
M. Classification – refers to the assigning or grouping of inmates according to their
sentence, gender, age, nationality, health, criminal record and others.

Composition of Jail Classification Board


1. Assistant Warden – Chairman
2. Security Officer – Member
3. Medical Officer
4. Jail Chaplain
5. Social Worker
The classification board shall be tasked with the gathering of information
and other data of every inmate into a case study to determine the work
assignment, type of supervision and degree of custody and restrictions.
The disciplinary board is tasked to investigate the facts of the alleged
misconduct referred by the warden. The board is authorized to impose any of
the following disciplinary punishment :
a. Reprimand
b. Temporary or permanent cancellation of some or all recreational privileges.
c. Cancellation of visiting privileges.
D. Extra fatigue duty.
E. Close confinement in a cell which shall not exceed 7 days.

Rehabilitation Services in Jails


1. Provision of basic needs of inmates
2. Health services
3. Education and Skills training
4. Religious services, guidance and counseling services
5. Recreation, sports and entertainment
6. Work programs and livelihood projects
7. Visitation services
8. Mail services
COMMITMENT AND CLASSIFICATION OF INMATES
COMMITMENT - Means the entrusting for confinement of an inmate to a jail by
competent court or authority for investigation, trial and/or service of sentence.
COURT AND ENTITIES AUTHORIZED TO COMMIT PERSON TO A JAIL -The
following (courts and entities) are authorized to commit a person to jail:
a) Supreme Court
b) Court of Appeal
c) Regional Trial Court
d) Metropolitan/Municipal Trial Court
e) Municipal Circuit Trial Court
f) Board of Transportation
g) Deportation Board
h) Commission .of Election
i) National Prosecution Service
j) Police Authorities
k) All other administrative bodies as maybe authorized by law
CLASSIFICATION- Refers to assigning or grouping of inmates according to their
sentence, gender, age, nationality, health, criminal records, etc.
CATEGORIES OF INMATES – The two (2) general classes of inmates are:
a) Prisoners
b) Detainees
CLASSIFICATION OF PRISONERS – The four (4) main classes of prisoners are,
namely:
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 sentence to a prison term of six (6)
months and one (1) day to three (3) years.
C) City Prisoner – One who is sentence to a prison term of one (1) day to three
(3) years.
D) Municipal Prisoner – One who is sentence to a prison term of one (1) day to
six (6) months.
Classification of Prisoners According to Degree of Security:
1.Super Maximum Security Prisoners
– A special group of prisoners composed of incorrigible, intractable, and highly
dangerous persons who are the source of constant disturbances even in a
maximum security prison.
– They wear Orange color of uniform.
2. Maximum Security Prisoners
– The group of prisoners whose escape could be dangerous to the public or the
security of the state. - It consist of the constant troublemakers but not
as dangerous as the super maximum- security prisoners. Their
movements are restricted and they are not allowed to work outside the institution
but rather assigned to industrial shops with in the prison compound.
– They are confined at the Maximum Security Prison ( NBP Main Building ), they
wear orange color of uniform.
– Prisoners includes those sentenced to serve sentence 20 years or more, or
those whose sentenced are under the review of the Supreme Court, and
offender who are fellow offenders or staff members.
3.Medium Security Prisoners
– Those who can not be trusted in open conditions and pose lesser danger than
maximum- security prisoners in case they escape.
– It consist of groups of prisoners who maybe allowed to work outside the fence
or walls of the penal institution under guards or with escorts.
– They occupy the medium security prisoner (camp Sampaguita) and they wear
blue color of uniform. Generally, they are employed as agricultural workers.
– It includes prisoners whose minimum sentence is less than 20 years and life-
sentence prisoners who served at least 10 years inside a maximum security
prison.
5. Minimum Security Prisoners
– A group of prisoners who can be reasonably trusted to serve sentence under
open condition.
– This groups includes prisoners who can be trusted to report to their work
assignment without the presence of guard.
– They occupy the minimum security prison (Camp Bukang Liwayway) and wear
brown color uniforms.
CLASSIFICATION OF DETAINEES – The three (3) types of detainees are those
a) Undergoing investigation;
b) Awaiting or undergoing trial ; and
c) Awaiting final judgment.

RECEPTION PROCEDURES
The following procedures should be observed:
a. The Jail Desk Officer shall carefully check the credentials of the person bringing in
the inmate to determine his identity and authority.
b. He shall examine carefully the arrest report and the authenticity of the commitment
order or Mittimus in due form to determine whether the inmate has been committed
under legal authority as provided for by Section3 Rule XIII, Rules of Court.
C. The admitting officer or jailer shall search carefully the inmate for weapons and other
contraband.
D. The admitting officer or jailer shall take all cash and other personal property from the
inmate or detainee. Properly receipt the property of inmates in duplicate.
E. All cash and valuables of inmate must be turned over to Property Custodian or Trust
Officer for safekeeping.
F. The inmate shall then be fingerprinted and his photograph taken.
G. The admitting officer or jailer shall accomplish a jail booking report in four (4) copies.
H. The newly admitted inmate shall be thoroughly strip search followed by a careful
examination of his clothing for contraband. He shall be checked for body vermin, cuts,
bruises and other injuries.
i. The Jail Physician or the Local Health Officer shall immediately conduct a thorough
medical examination of the inmate.
J. When it is not possible for the Jail Physician to be in attendance during the
admission of the inmate, the receiving officer shall observe the mental
alertness, overall appearance and physical abnormalities or appearance of
rashes or other identifying marks of the individual and note them in the inmate’s
booking report.
K. A medical record shall be accomplished by the jail physician or Local Health Officer
showing the condition of the inmate at the time of admission, and, to include, if
possible, his medical history.
L. A social case study shall be
Made by a social worker as a basis for the inmate’s classification and proper
segregation.
M. The sentenced prisoner shall be provided with clothing. The detainee, for his own
safety, may be allowed to wear civilian clothes.
N. As soon as possible, the inmate should be briefed or oriented on the jail rules and
regulations.
O. The Jail Warden shall establish and maintain prison record of all inmates.
P. Upon completion of the reception procedures, the inmate shall be assigned to his
quarters. Q. If available, the inmate should be issued all the materials that he will be
using during his confinement.
R. Detainee is presumed innocent and shall be treated as such. If possible, he shall be
segregated from convicted prisoners.
S. If the inmate agrees to abide by the same disciplinary rules imposed upon convicted
prisoners, he shall be asked to manifest his “Agreement” in writing.
T. Any violation, failure or neglect to perform his assigned work shall be considered
sufficient cause for the cancellation of the “Agreement” and shall not be treated as
sentenced prisoner and cease to earn the privilege granted.
U. An inmate who is covered by a “Certification” shall not be required to work but he
may be made to polish his cell or perform other work as may be necessary for hygienic
or sanitary reasons.
V. The Warden shall submit the “Agreement” or “Certification”, as the case may be, to
the proper court before the date set for the arraignment of the detainee and same shall
form part of the records of the case.
W. Full time credit for the preventive imprisonment shall commence from the date of the
“Agreement”.
MANNER OF RELEASING
a. Prisoner may be released by:
1) Service of Sentence;
2) Order of the Court;
3) Parole;
4) Pardon;
5) Amnesty;
6) Any lawful order of competent authority.
B. If feasible, an inmate shall be notified of his release at least one week before the date
of such discharge;
c. Before the inmate is released he shall be properly identified to ensure that he is the
same person received and to be released. His marks and fingerprints shall be verified
with those taken when he was received.
D. No inmate shall be released on a mere verbal order or by telephone.
E. An inmate shall be released promptly and without unreasonable delay.
F. Under proper receipt, all money earned and other valuables held in trust when first
admitted, shall be returned to the inmate upon release.
G. The released inmate shall be issued a Certificate of Discharge from jail by the
Warden or Jailer.
CUSTODY, SECURITY AND CONTROL, MOVEMENT AND TRANSFER OF
PRISONERS AND DETAINEES
CONCEPT : The overall concept of jail security operations encompasses both
prevention and rehabilitation. These two efforts are inseparable as neither can be
accomplished without the other. Jail security is necessary to safeguard the lives of
people residing within the vicinity, those managing the jails, and inmates whose lives
are to be rehabilitated to become constructive members of the society.
DUTIES OF THE CUSTODIAL FORCE
Members of the custodial force shall have the following duties and responsibilities:
a. Supervise and maintain order and discipline of inmates in housing units, those
assembled for religious services, entertainment and athletics, during meals, classes,
work details, baths and visits;
b. Censor offender’s mail;
c Inspect security devices;
d. Maintain inner and outer perimeter security;
e. Escort inmates to court, other authorized places of confinements and to hospitals in
cases of emergencies;
f. Insure custody and safety to those confine in j ail;
g. Escort visitors within the jail premises;
h. Report any infringement of rules and regulations to proper authorities;
i. Inform the Warden of any emergency case;
j. Keep and maintain records of the inmates;
k. Perform such other duties as may be assigned by competent authority.
SECURITY AND CONTROL
The following guidelines should be strictly observed in jail, security and control:
a. Maintain strict control of firearms. Never permit any firearm inside the jail except in
some areas where firearms are authorized.
B. Maintain 24-hour supervision of inmates.
C. Maintain a system of key control, which shall include an accurate listing of all keys
and of receipting them. Never permit the inmates to handle keys or to study them.
D. Secure firearms and anti-riot equipment in the armory where they shall be within
easy reach of the jail guard and yet afford maximum security against access by
offenders.
e. Supervise the proper use of tools and other potentially dangerous articles such as
bottles, acids, kitchen knives, etc., and keep them out of offenders reach when not in
use.
F. Conduct regular inmates’ count at least four (4) times within the 24-hour a day-
period. Establish procedures, which will ensure beyond doubt, that every offender is
physically present or accounted for, at every count.
G. Conduct frequent surprise searches of offenders and their quarters to detect
contraband.
H. Conduct frequent inspections of security facilities to detect tampering or defects.
i. Guard against escapes, assault on jail personnel and inmates’ disturbances.
J. Develop plans dealing with emergencies like escapes, fires, assaults, riots, and noise
barrage. Make plans known and understood by jail personnel.
K. Never allow a jail guard to open the inmates’ cells alone. At least, another guard
should be present.
L. Select carefully the inmates to be assigned as orderly or aide and maintain rigid
control over their activities. No offender should be allowed to assume any of the
authority, which belongs to the jail staff or shall any inmate be allowed to exercise
authority, supervision and control over other prisoners.
INMATE’S COUNT
It is a part of the institutional procedure that at specified times during each 24-
hour period, all inmates are physically counted, for this type of count, the general
procedures are as follows:
a. Each inmate is counted physically at specified times;
b. During the count, all movements of inmates shall cease until the count is completed;
c. The count must be accurate. A positive verification must be made that the inmates
are physically present;
d. Result of each of a group of inmates is submitted to the Warden and/or Deputy
Warden; and e. If the total jail count does not tally with the total jail population in any
given time, verification shall be made. An immediate report shall be rendered to the
Warden and/or Deputy Warden for any unaccounted inmate.
DINING ROOM SECURITY
a. As a general precaution, individual mess utensils of inmates shall be made of
plastics.
B. When dining rooms are provided, the inmates should be marched in column of two’s
along designated routes under the supervision of one or two jail personnel. Other
official’s must be stationed along the route to direct the orderly movement of inmates to
and from the mess hall.
C. There must be a roving supervisor to handle occasional disturbances or settle
complaints.
D. After meals, all utensils used by the inmate should be collected. This should be
strictly supervised by jail personnel to be sure That no utensils are brought out of the
dining room.
E. Forks, spoons and other kitchen utensils should be checked and accounted for after
every meal.
MAIL CENSORSHIP
Communication with relatives, friends and lawyers are encouraged among
inmates through correspondence. However, this privilege will be extended to inmates
subject to following regulations:
a. Duly designated censor, a member of the custodial force will maintain and record all
incoming and outgoing mails of inmates;
b. The inmate’s mail shall be opened and searched only by qualified, trained and
authorized jail personnel;
c. Letters containing currency, checks or money should be marked with the amount
enclosed and deposited with the Trust Officer or Property Custodian.
D. All greeting cards should be carefully examined and fillers of any kind found therein
should be collected for laboratory examination;
e. Photographs clearly within the scope of the jail regulations should be marked on the
reversed side and placed in the envelop;
F. Prison slang, unusual nicknames and sentences with double meaning should be
carefully studied and analyzed to determine the real meanings;
g. All letters containing statements concerning the security or reputation of the jail, like
attempts of escape, smuggling of contraband and statement that may affect the rules
and regulations etc., shall be forwarded to the Officer-in-Charge of mail censorship;
h. All letters passed by censors should bear the stamp at the top of each page and on
the envelope.
i. Contents of inmate’s mail should not be discussed with other jail personnel, except for
official purposes;
MOVEMENT/TRANSFER OF INMATES
a. Maximum security measures shall be observed at all times in proving escort to non-
bailable inmates following the ration of one is to one plus one (1:1+1) security.
B. Inmates in transit should always be handcuffed.
C. Regard all non-bailable inmates being transferred as extremely dangerous to avoid
being careless.
D. Always escort an inmate in going to a toilet or washroom.
E. Escort personnel must have issued firearm and at least one (1) basic load of
ammunition.
F. Guards/escorts must follow the most direct route from jail to court and back.
G. Escort should provide their own drinks to avoid being drugged that would affect their
sensorium.
H. High-risk inmates should have back-up vehicle and personnel to preempt rescue
and/or abduction.
i. A guard must be extra careful not to sit, stand or walk next to an inmate while carrying
a gun as it can be easily grabbed from him.
J. Movement or transfer of inmates shall be treated confidentially.
K. Transporting prisoners by hired vehicle should proceed uninterrupted while passing
along the highway.
LEAVES FROM JAIL
Leaves from jail shall be allowed only on very meritorious cases, like the
following: a. Death or serious illness of spouse, father, mother, brother or sister, or
children; and b. Inmates who are seriously ill/injured may be given leave for
hospitalization or medical attendance under proper escort.
REHABILITATION SERVICES
PURPOSE – To change inmates’ pattern of criminal behavior and reform them into a
law-abiding and productive citizens through the implementation of rehabilitation
programs in jails.
TREATMENT PROGRAMS – The treatment of inmates shall be focused on
the provision of services designed to encourage them to return to the fold of
justice and enhance their self-respect, dignity and sense of responsibility as follows:
A. Provisions for basic needs of inmates;
B. Health services
C. Education and skills training;
D. Religious services, guidance and counseling services;
E. Recreation, sports, and entertain service
F. Work programs, such as livelihood projects;
G. Visitation services; and
H. Mail Services.

THE TREATMENT PROGRAMS


A. The institutionalized Treatment Programs
1. Prison Education – the cornerstone of rehabilitation. It is the process or result
of the formal training in School or classrooms intended to shape the mind and
attitude of prisoners toward good living upon their release.
2. Work Programs – these are programs conducive to change behavior in
morale by training prisoners for useful occupation. It is purposely to eliminate
idleness on the part of the prisoners, which may contribute to “ Prison Stupor” ,
and it affects the incidence of prison riot.
3. Religious Service in Prison – the purpose of this program is to change the
attitude of the inmates by inculcating religious values and belief.
4. Recreational Programs – the only program that is conducted during free time
schedule.
5. Medical and Health Service – medical and health services includes: Mental
and Physical examination Diagnostic and Treatment – Immunization – Sanitary –
Inspection – Participation in training
6. Counseling and Casework
PROVINCIAL AND SUB-PROVINCIAL JAILS
Provincial Jail System was first established in 1910 under American Regime. Each of
the seventy-six (76) provincial jails supervised and control by their respective provincial
government.
Sub-Provincial Jails. There are twenty-one (21) sub-provincial jails and it was also
established and constructed by the Provincial Government to house prisoners whose
prison term ranges from six (6) months and one (1) day to three (3)years and other
inmates undergoing court proceedings.
NATIONAL PENITENTIARIES
(Bureau of Corrections)
ORGANIZATION
The Bureau of Corrections is under the Department of Justice. It is headed by the
Director of Corrections, who is authorized to exercise command, control and direction
of the following prison facilities and staff offices:
PRISON FACILITIES AND THEIR FUNCTIONS
There are seven (7) correctional facilities of the Bureau of Corrections, which are
located all over the country, administered by its Penal Superintendent.
(1) The New Bilibid Prison (NBP) at Muntinlupa City, Metro Manila – This is where the
Bureau of Corrections Central Office is co-located.
3 Security Camps
a. Maximum Security Compound – is for prisoners whose sentences are 20
years and above, life termers or those under capital punishment, those with
pending cases, those under detention and those that do not fall under medium
and minimum security status.(NBPCompound)
b. Medium Security Camp – is for prisoners whose sentences are below 20 years
and those classified for colony assignment. (Camp Sampaguita)
c . Minimum Security Compound – is an open camp with less restrictions and 22
regimentation. This is for prisoners who are 65 years old and above, medically
certified as invalids and for those prisoners who have 6 months or less to serve
before they are released from prison. (Camp Bukang Liwayway)
The Inmate Reception and Education Center – formerly known as the Reception
Diagnostic Center (RDC).It is a prison facility within the Medium Security Compound of
the New Bilibid Prison. It receives all newly committed national male prisoners and it is
the entry point of all incoming prisoners who will be subjected to classification and
distribution to the operation institutions. Concurrently is has been charged with the
responsibility of providing education and training of inmates at the Medium Security
Compound of NBP.
(2) The Correctional Institution for Women (CIW) at Mandaluyong City, Metro Manila –
is the only facility for national female prisoners in the country.
(3) The Iwahig Prison and Penal Farm at Puerto Princesa City, Palawan – this farm is
predominantly designed for agro-industrial activities. Within its area are four (4) sub
colonies administered by a Penal Supervisor.
4 Sub-Colonies
a. Central Sub-colony
b. Montible Cub-colony
c. Sta. Lucia Sub-colony
d. Inagawan Sub-colony
(4) The Sablayan Prison and Penal Farm at Sablayan, Occidental Mindoro – this penal
farm is intended for agro-industrial activities.
4 Sub-Colonies
a. Central Sub-colony
b. Pasugui Sub-colony
c. Pusog Sub-colony
d. Yapang Sub-colony
(5) The Leyte Regional Prison at Abuyog, Leyte – is a prison facility which has a
receiving and processing station. Because of its terrain, prison agro-industrial activities
could not be fully-develop.
3 Security Facilities
a. Maximum Security Camp
b. Medium Security Camp
c. Minimum Security Camp
(6) The San Ramon Prison and Penal Farm at Zamboanga City – a prison facility
intended to confine Muslim prisoners. This penal farm is designed to promote agro
industrial activities. It has a Receiving Station of its own and three (3) security facilities.
3 Security Facilities
a. Maximum Security Camp
b. Medium Security Camp
c. Minimum Security Camp
(7) The Davao Prison and Penal Farm at Tagum, Davao Del Norte – a prison facility for
medium security prisoners only. This penal farm is where the banana concession
provides for the biggest market for prison manpower.
Name of Facility Location Date Land Area
Established
1. New Bilibid Prison Muntinlupa City 1941 531
Hectares
2. Correctional Institution Mandaluyong City 1931 13 Hectares
for Women
3. Iwahig Prison And Puerto Princess City, November 16, 34,295
Penal Farm Palawan 1904 Hectares
4. Sablayan Prison And Sablayan September 27, 16,190
Penal Farm Occidental, Mindoro 1954 Hectares
5. Leyte, Regional Prison Abuyog, Leyte January 16, 861
1973 Hectares
6. San Ramon Prison Zamboanga City 1870 1,026
And Penal Farm Hectares
7. Davao Prison And Panabo, Davao del January 21, 5,932
Penal Farm Norte 1932 Hectares

COMPETENT AUTHORITY TO COMMIT A PERSON TO CORRECTIONS


The following are competent institutions authorized to commit a person to prison:
a. Supreme Court
b. Intermediate Appellate Court (Court of Appeals)
c. Regional Trial Court
d. Sandigan Bayan
e. Military Courts
f. Sahr’ia Courts
Other authorities that can commit a person to Corrections:
a. Congress
b. Commission on Election
c. Commission on Immigration and Deportation
d. Board of Pardons and Parole
RECEIVING PRISONERS
a. Upon arrival, the prisoner is ushered in the Receiving Office of the Inmate Reception
and Education Center at the New Bilibid Prison and other prisons authorized to admit
prisoners.
B. The following documents shall be presented accordingly by the party escorting the
prisoner:
1.Commitment Order (Mittimus)
2. Court Decision of the Case
3. Information
4. Certificate of Detention
5. Detainees Manifestation
6. Certificate of Non- Appeal
7. Certificate of No Pending Case
C Thereafter, thorough routine inspection of articles in his possession is made.
D. Unauthorized articles such as bladed weapons are receipted and reflected in their
respective prison record
E. Drugs and other forms of medicines are turned over to the Medical Officer for proper
administration.
F. The receipted unauthorized articles are returned to the prisoner upon, release,
transfer to other prison or upon request, to be given to his visitor to be brought back to
his home.
.g. His identification as a prisoner is established by
(1) His rolled fingerprint card
(2) His photograph
(3) His prison number
h. Thereupon, he is taken to the quarantine cell and physically prepared for the
following:
(1)Staff interview on religious, education, sociological and vocational matters
(2) Medical Examination
(3) Psychological testing
(4) Initial security classification
i. Issuance of uniforms and other equipment. Each prisoner is provided with the
following articles for which he is held responsible and accountable:
(1) Two (2) regulation uniform suits and two
(2) T-shirts (2) One (1) blanket
(3) One (1) mat and pillow
(4) One (1) aluminum plate
(5) One (1) mosquito net
j. The prescribed uniform color shall be based on the prisoners security status as
follows:
(1) Maximum Security – Green (Orange)
(2) Medium Security – Green
(3) Minimum Security – Gray
PRISONERS PRIVILEGES
a. Good conduct time allowance to reduce his prison sentence.
B. To write and send letters to his family and friends
c. To receive authorized visitors on any day except Fridays and Saturdays
d. To attend or participate in any entertainment or athletic competition in the
facility e. To read books and other reading materials in the Prison Library
f. To smoke cigar and cigarettes, except in prohibited places
g. To receive gifts and prepared food from his visitors, subject to inspection
SEGREGATION OF PRISONERS
The proper segregation of prisoners shall be maintained in all places of confinement. As
far as practicable, there shall be separate and distinct facilities for inmates under the
following categories:
1. Sentenced prisoners who are First Offenders
2. Detention prisoners
3. Juvenile prisoners
4. Habitual delinquents and recidivist
5. Sexually disoriented prisoners
6. Infirmed, aged, and invalids
7. Patients or sick prisoners
8. Mentally abnormal or insane
The different categories of prisoners shall be confined in appropriate institutions
with due consideration on their sex, age, criminal record, the legal basis for their
detention and the requirements of their treatment thus:
1. Male and female shall be detained in separate institutions
2. Prisoners under trial shall be separated from convicted prisoners
3. Youth offenders shall be confined separately from adult offenders
CLASSIFICATION OF PRISONERS
Every institution in the Bureau of Corrections must maintain an organized system
of classifying prisoners. Accordingly, each prisoner shall be classified and assigned a
security category as follows:
(1) Maximum Security Prisoners are prisoners who escape would be highly dangerous
to the public or the police or to the security of the country. Under this category as
follows:
a. Prisoners whose sentence are 20 years or more;
b. Remand or detention prisoners and those whose sentence are under
review by the Supreme Court;
c. Recidivist and escapees.
(2) Medium Security Prisoners are prisoners who can not be trusted in open conditions
and pose less danger to society if they escape.
A. Prisoners whose minimum sentence are less than 20 years
b. Those that have been processed and recommended by the Reclassification
Board to be downgraded from maximum to medium security or upgraded from
minimum to medium security. This includes first offenders who have serve 5
years of good conduct in maximum security facilities.
(3) Minimum Security Prisoners are prisoners who can be reasonably trusted to serve
their sentence in open conditions. Under this category are:
a. Invalids or prisoners who have physical handicaps in normal movement,
hearing, seeing or feeling.
B. Prisoners who are aged preferably 65 years old and above.
C. Prisoners who 6 months more to serve before the expiration of their minimum
sentence.
PRISONERS AUTHORIZED TO GO OUT OF THE PRISON
A prisoner may be taken out of prison in any of the following instances.
1. For appearance in court or other government agencies.
2. For medical treatment or examination
3. For viewing the remains of relatives
a. Pursuant to Executive Order No. 70 only medium and minimum security
prisoners may be allowed to view the remains of the immediate members of their
families within the second degree of consanguinity as follows:
1. Wife/Husband
2. Children
3. Brother and Sister
4. Father or Mother
5. Grandchildren
6. Grandparent
b. The prisoner shall be allowed more or less three (3) hours to view the
deceased in the place where the remains lie in state.
c. The escort guards shall observe all escort procedures to prevent untoward
incidents.
D. The privilege may be enjoyed only if the deceased relative is in a place within
a radius of thirty (30) kilometers.
E. The relatives of the prisoners shall present the Death Certificate of the
deceased relative and Birth Certificate or Marriage Contract id the deceased is a
direct relative or wife.
CARE AND TREATMENT OF PRISONERS
The purpose of providing adequate care and variety of proper treatment to prisoners is
to eliminate their pattern of criminal behavior and reform them to be law-abiding and
constructive citizens.
TREATMENT PROGRAMS
The treatment of prisoners shall focused on the provisions of services designed
to encourage and enhance the inmates’ self-respect, dignity and sense of
responsibility. Toward these ends, the bureau shall provide the following treatment
programs and services: Basic needs of prisoners;
a. Medical and dental services
b. Education and skills training;
c. Religious services, guidance and counseling services;
d. Recreation and sports activities;
e. Work programs;
f. Visitation services; and
g. Mail and other postal services.
RELEASE OF PRISONERS
The release of the prisoner is the official act of discharging from the custody of the
prison of a prisoner who has served his prison sentence or ordered to be released by
competent authority.
1. The following are authorized to order or approve the release of prisoners:
a. The Supreme Court of the Philippines or lower court in cases of acquittal of the
accused prisoner or grant of bail.
B. The President of the Philippines in cases of executive clemency or amnesty.
C. The Board of Pardon and Parole in parole cases
d. The Director of the Bureau of Corrections upon expiration of the sentence of
the prisoner.
2. The Director of the Bureau of Corrections shall strictly comply with the following
provisions of the Revised Penal Code regarding the release of prisoners:
a. No prisoner shall be made to serve more than three (3) times of the most
severe penalty that is imposed upon him, but in no case shall be made to serve
more than forty (4) years.
B. Prisoner with computed forty years of service of sentence shall actually serve
more or less 28 years.
C. A prisoner sentenced to life imprisonment shall serve a sentence equivalent to
thirty (30) years excluding good conduct time allowance that he may earn for
good behavior.
D. No prisoner upon expiration of his prison sentence shall be released by the
Superintendent or Head of a prison without the approval of the Director.
E. All prisoners convicted by the courts to serve sentences in national prisons
shall be granted good conduct time allowance including those whose cases are
on appeal.
GOOD CONDUCT TIME ALLOWANCE OF PRISONERS
[REPUBLIC ACT NO. 10592]
AN ACT AMENDING ARTICLES 29, 94, 97, 98 AND 99 OF ACT NO. 3815, AS
AMENDED, OTHERWISE KNOWNAS THE REVISED PENAL CODE

ART. 97. Allowance for good conduct. – The good conduct of any offender qualified
for credit for preventive imprisonment pursuant to Article 29 of this Code, or of any
convicted prisoner in any penal institution, rehabilitation or detention center or any
other local jail shall entitle him to the following deductions from the period of his
sentence: “
1. During the first two years of imprisonment, he shall be allowed a deduction of
twenty days for each month of good behavior during detention;
2. . During the third to the fifth year, inclusive, of his imprisonment, he shall be
allowed a reduction of twenty-three days for each month of good behavior during
detention; “
3. During the following years until the tenth year, inclusive, of his imprisonment, he
shall be allowed a deduction of twenty-five days for each month of good
behavior during detention;
4. “During the eleventh and successive years of his imprisonment, he shall be
allowed a deduction of thirty days for each month of good behavior during
detention; and “
5. At any time during the period of imprisonment, he shall be allowed another
deduction of fifteen days, in addition to numbers one to four hereof, for each
month of study, teaching or mentoring service time rendered.
“An appeal by the accused shall not deprive him of entitlement to the above
allowances for good conduct.”
SEC. 4. Article 98 of the same Act is hereby further amended to read as follows:
“ART. 98. Special time allowance for loyalty. – A deduction of one fifth of the period
of his sentence shall be granted to any prisoner who, having evaded his preventive
imprisonment or the service of his sentence under the circumstances mentioned in
Article 158 of this Code, gives himself up to the authorities within 48 hours following
the issuance of a proclamation announcing the passing away of the calamity or
catastrophe referred to in said article. A deduction of two-fifths of the period of his
sentence shall be granted in case said prisoner chose to stay in the place of his
confinement not with standing the existence of a calamity or catastrophe enumerated in
Article 158 of this Code.
EXECUTIVE CLEMENCY
It is the authority of the President of the Philippines to suspend the execution of
penalty, reduce the sentence and extinguish criminal liability.
FORMS OF EXECUTIVE CLEMENCY
a. Reprieve – or temporary suspension of the execution of sentence extended to
a prisoner who is meted capital punishment or death penalty.
B. Commutation– or reduction of sentence.
C. Grant of Pardon for exceptional good behavior or as a reward for
demonstrated heroism, courage, or loyalty to the institution or the government.
Types of Pardon
(1) Conditional Pardon when a prisoner is pardoned under certain administrative
requirements like reporting monthly to a judge for a certain number of years.
(2) Absolute Pardon when the offense and the penalties imposed on a prisoner is
extinguished and his civil and political rights are fully restored.
PRISONERS ELIGIBLE FOR PARDON
1. Prisoners who are 65 years and above and who have served at least 3 years
of their prison sentence but in no case shall they exceed 70 years old.
2. Prisoners who are invalids or afflicted with incurable or serious diseases.
3. Prisoners who are medically diagnosed as having at least 2 years of mental
abnormality.
4. Prisoners who have served the following prison sentences:
a. At least 8 years of their life sentence in cases of simple crimes.
b. At least 10 years of their life sentence in cases of complex crimes.
c. At least 12 years of their 2 or more life sentences.
d. Parole is the form of release granted to a prisoner by the Board of
Pardons and Parole in accordance with the Indeterminate Sentence Law.
* Prisoners who have served their minimum sentence are entitled to
parole.
* Prisoners who are recidivists, habitual delinquents and escapees
are not eligible for parole.
MANNER OF RELEASING PRISONERS
a. A period of orientation shall be undertaken for all prisoners eligible for release.
b. Before a prisoner is released, he shall be properly identified.
c. No prisoner shall be released merely on the strength of authority relayed
through telegram or telephone.
d. Prisoners shall be released promptly and without unreasonable delay.
e. Upon release of national prisoner, he shall be supplied by the Bureau of
Corrections, with transportation fare to his home, including a gratuity to cover the
cost of subsistence end route, and a suit of decent traveling clothes.
f. A national prisoner shall 30 days before his scheduled date of release, be
transferred to Separation and placement Center for the purposes of re-orientation
with the ways of free society.

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