Professional Documents
Culture Documents
Institutional
Institutional
Institutional
Administration
Every man is the architect of his own fortune.
—Appius Claudius Caecus
CORRECTION
from Old French “correccion” (correccioun), "authority to correct”, action
of correcting or chastising, rectification of faults (in character, conduct,
etc.) by restraints or punishments," also "a bringing into conformity to a
standard, model, or original,"
Penal Management
Refers to the manner or practice of managing or controlling places of confinement as
in jails or prisons.
Punishment and Penalty
Punishment
It 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.
Penalty
the suffering that is inflicted by the state for the transgression of the law
CORRECTION
Administration
is defined as the act of managing duties, responsibilities, or rules. The
process or activity of running a business, organization, etc.
Correctional Administration
► It is the study and practice of a systematic
management of jails or prisons and other
institutions concerned with the custody,
treatment, and rehabilitation and reformation
of criminal offenders.
► Study of practice of a systematic management
of corrections.
Institutional Non – institutional
► The reformation and ► The reformation and
rehabilitation of criminal rehabilitation of criminal
offenders are held inside a offenders are provided in
correctional institution or community / outside prison
penal establishment
Pillory
is a wooden or metal device mounted on a post
with three holes to fit the head and the wrists.
The offender had to bend down while standing
up, while his head and wrists are trapped in the
holes. He had to remain in this position for a
certain number of hours, depending on the
crime he committed. The crowd were allowed
and even encouraged to spit at the offender,
throw rotten food, dirt, mud, and even human
wastes to the offender, as part of his
punishment.
Forms Of Punishment Through Public Humiliation
Stocks
is a wooden device with holes for the
wrists and legs, but not for the head. An
offender has to sit down in order to lock
his wrists and legs.
The stocks is a punishment device
that is similar to the pillory in terms of
purpose but with slight variation in
terms of its design or appearance.
Forms Of Punishment Through Public Humiliation
Branding
Human branding or stigmatizing is the
process in which a mark, usually a symbol
or ornamental pattern, is burned into the
skin of a living person, with the intention
that the resulting scar makes it permanent.
It is done by pressing a burning, hot
iron to the person’s skin or body which
would result in a wound caused by the
burning.
Early Forms Of Corporal Punishment
Flagellation or flogging
is the act of methodically beating or
whipping the human body. The word
flagellation was derived from the Latin
word “flagellum,” which means whip.
It is done by repeatedly hitting the body,
usually in the back, with the use of a
whip, cane, wood, leather or other
objects hard enough to inflict pain.
Early Forms Of Corporal Punishment
Stoning
Stoning or lapidation involves the
tossing of heavy rocks and stones
at the victim until death.
Early Forms Of Corporal Punishment
Mutilation
is the cutting off of an organ of the
body. As punishment,
mutilation is done in accordance with
the law of retaliation, or lex talionis.
Lex talionis resembles the biblical
principle of “an eye for an eye, a tooth
for a tooth.”
Early Forms Of Corporal Punishment
Iron Maiden
box-like structure with the front
half hinged like and door so
that a person could be placed
inside. When the door was
shut, protruding spikes both
back and front entered the
body of the prisoner.
Early Forms Of Corporal Punishment
The Rack
device that drags apart
the joints in the feet and
hands.
Early Forms Of Corporal Punishment
Scavenger's Daughter
(or Skevington's Daughter)
It was an A-frame shaped metal rack to
which the head was strapped to the top
point of the A, the hands at the midpoint
and the legs at the lower spread ends;
swinging the head down and forcing the
knees up in a sitting position
compressing the body so as to force the
blood from the nose and ears.
Early Forms Of Corporal Punishment
Scold's Bridle
sometimes called a Brank's Bridle or simply
Branks – an instrument of punishment used
primarily on women, as a form of torture
and public humiliation.
The device was an iron muzzle in an iron
framework that enclosed the head. A
bridle-bit (or curb-plate), about 2 inches
long and 1 inch broad, projected into the
mouth and pressed down on top of the
tongue. The curb-plate was frequently
studded with spikes, so that if the offender
moved her tongue, it inflicted pain and
made speaking impossible.
Early Forms Of Corporal Punishment
Iron Boot
designed to cause
crushing injuries to
the foot and/or leg.
Early Forms Of Corporal Punishment
Treadmill
prisoner is continually
made to constantly
climb stairs up to 14,000
feet.
Early Forms Of Corporal Punishment
Furca
a V - shaped yolk worn around the neck and the outstretched arms of convict are tied
also.
Ergastulum
convicts are attached to work benches and forced to do hard labor.
Shot-drill
carrying heavy loads for one place to another
Chain Gangs
prisons are chained together and work in public projects.
Early Forms Of Capital Punishment
Gallows
refers to a frame usually of two upright posts and a traverse beam from
which criminals are hanged. Usually used in England
Early Forms of Capital Punishment
Garroting
is the strangulation through the use of a metal
collar. It is done through the use of a garrote, a
wooden chair with an attached metal in the
shape of a loop for the neck. The offender was
made to sit in the chair, bounded, and the loop
was fitted at the neck. Execution is done by
tightening the metal loop in the neck by turning a
crank or a wheel attached to it, until the person
could no longer breath, which would result in his
death.
Early Forms of Capital Punishment
Breaking wheel
also known as the Catherine wheel or
simply the wheel
was a torture device used for capita
punishment from antiquity into early
modern times for public execution by
breaking the criminal's
bones/bludgeoning him to death.
Early Forms of Capital Punishment
Death by Musketry or Firing Squad
Firing Squad refers to a group of
soldiers. Usually, all members of the
group are instructed to fire
simultaneously, thus preventing both
disruption of the process by a single
member and identification of the member
who fired the lethal shot. The prisoner is
typically blindfolded or hooded, as well as
restrained.
Early Forms of Prison Discipline:
1. Hard Labor - productive works.
2. Deprivation – deprivation of everything except the bare essentials of existence
3. Monotony – giving the same food that is “off” diet, or requiring the prisoners to
perform drab or boring daily routine.
4. Uniformity – “we treat the prisoners alike”. “the fault of one is the fault of all”.
5. Mass Movement – mass living in cell blocks, mass eating, mass recreation,
mass bathing.
6. Degradation – uttering insulting words or languages on the part of prison staff
to the prisoners to degrade or break the confidence of prisoners.
7. Corporal Punishment – imposing brutal punishment or employing physical
force to intimidate a delinquent inmate.
8. Isolation or Solitary Confinement – non- communication, limited news, “the
lone wolf”.
Contemporary Forms of Punishment:
1. Imprisonment – putting the offender in
prison for the purpose of protecting the public against criminal activities and at the same
time rehabilitating the prisoners by requiring them to undergo institutional treatment
programs.
2. Parole - a conditional release of a prisoners after serving part of his/her sentence in
prison for the purpose of gradually re-introducing him/her to free life under the guidance and
supervision of a parole officer.
1. Retribution
2. Expiation or Atonement
3. Deterrence
4. Incapacitation and Protection
5. Reformation or Rehabilitation
SOCIAL JUSTIFICATION OF PENALTY:
1. Prevention – the state must punish the criminal or prevent or suppress the
danger to the state arising from the criminal acts of the offender.
2. Self-defense – the state has the right to punish the criminal as measure of
self-defense so as to protect society from the threat and wrong inflicted by the
criminal.
3. Reformation – the object of punishment in criminal cases is to correct and
reform the offender.
4. Exemplarity – criminal is punished by the state as an act to deter others from
committing crimes.
5. Justice – that crime must be punished by the state as an act of retributive
justice, a vindication of absolute right and moral violated by the criminal.
Juridical Conditions (Legal Requisites)
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. 25, RPC).
3. Personal – the guilty one must be the one to be punished, no proxy.
4. Legal – the consequence must be in accordance with the law.
5. Equal – applicable for all persons. (Uniformity in Application)
6. Certain – no one must escape its effects.
7. Correctional – changes the attitude of offenders and become law-abiding
citizens.
Penological Theories
Aristotle – (Nicomedean Ethics) “punishment is a means of restoring the balance between
pleasure and pain”.
The Emergence Of Secular Law
4th A.D. - Secular 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. Laws were distinguished as:
1. External Law (Lex Externa)
2. Lex Divina (Divine Law)
3. Natural Law (Lex Naturalis)
4. Human Law (Lex Humana)
The Judean – Christian Theory
This theory of expiation believes that punishment has a redemptive purpose of repelling
sin advocated by the devil.
The Primary Schools of Penology
1. The Classical School 2. The Neo-classical The Positivist/Italian
School School
it maintains the it maintained that while the school that denied individual
the classical doctrine is responsibility and reflected
“doctrine of
non-punitive reactions to crime
psychological correct in general, it and criminality. It adheres that
hedonism” or “free will”. should be modified is crimes, as any other act, is a
That the individual certain details. Since natural phenomenon. Criminals
are considered as sick
calculates pleasures children and lunatics individuals who need to be
and pains in advance of cannot calculate the treated by treatment programs
action and regulates his differences of pleasures rather than punitive actions
conduct by the result of from pain, they should against them.
his calculations. not be regarded as Advocated by:
criminals, hence they HOLY THREE OF CRIMINOLOGY
Advocated by:
should be free from
(CESARE LOMBROSO,
CESARRE BECARRIA & punishment.
ENRICO FERRI,
JEREMY BENTHAM
RAFAEL GAROFALO)
Earliest Prisons
► In the ancient times, imprisonment was not an actual
punishment. An offender was locked away while
waiting for the actual punishment to be imposed by
the kings or by whoever was authorized to impose
the punishment. Later on, imprisonment became a
form of punishment for lesser offenses, or those
offenses that were not punishable by death or
corporal punishment.
Mamertine Prison
an underground prison was constructed as early
as 640 BC by Roman King Ancus Martius in
Rome.
A small lightless domed rotunda with a law ceiling.
Entrance was through hole in the middle of the
floor of the upper story.
Le Stinche
The first public prison in Europe Florence, constructed in 1297,
copied in several other cities.
Rasphuis
House of correction which has a sole purpose to bring the offenders
to good citizenship by the discipline of industry, education, and
religious instruction. was a prison for young male criminals. Female criminals were sent to the Spinhuis. was
founded after the torture of 16-year-old assistant tailor Evert Jansz. Jansz confessed, as a
result of the torture, to theft on two occasions from his boss. The usual punishment for this
was public flogging, but the city council decided to try to rehabilitate Jansz, who was from a
good background. Under the influence of Dirck Volkertszoon Coornhert and C.P. Hooft the
city decided, on 19 June 1589, to build a prison. Shortly after the opening, Jansz was
sentenced to a light beating and forced labour; he never took the rasp.
Borstal Prison (England, UK) - run by prison service and intended to reform seriously
delinquent young people.
Witzwill Prison - 1891; Almost Certainly the first open prison
Devil's island - French penal colony from 1852 to 1959 where political prisoners were
exiled.
Robben island - A prison complex located at the coast of Capetown South Africa which
served as a refugee camp for people afflicted with leper before converted into a prison.
Port Arthur - Located in Tasmania, Australia; a penal colony which was the destination
for the hardest English prisoners during the middle of the 19th century.
New Gate Prison - not a real prison but an abandoned copper mine of Simsbury
Connecticut. Inmates were confined underground (Black hole of horrors).
DEVELOPMENT OF PRISONS IN ENGLAND
JEREMY BENTHAM
was an English philosopher and social reformer who is known for the principle
of utilitarianism. He applied this principle when he made the Panopticon, a
prison design he proposed to be built in England in 1787.
The name Panopticon was derived from a Greek word which means all-seeing.
Its design is circular, with a tower in the center for the guards. Unfortunately for
him, the Panopticon was never built in England. However, some prisons in the
US made use of his design but with some modifications.
Important Personalities Development of Prisons
ALEXANDER MACONOCHIE
Captain Alexander Maconochie was a retired naval officer who was appointed
Superintendent of Norfolk Island in 1840, an English penal colony which is part of
Australia. He was responsible for the establishment of a mark system. He is recognized as
the father of parole.
Mark System – each inmate collected credits for good behavior, exceptionally productive
labor and courageous deeds. The mark system allowed a convicted offender to
accumulate points and when he had accumulated enough credits, he could apply for a
ticket of leave.
Forerunner of parole (derived from the French term parole d’honneur, or word of honor in
English)
Ticket of Leave – a document granting him freedom to work and live outside of prison
even before the expiration of his sentence.
Important Personalities Development Of Prisons
► came from the Latin word “Paenitentia” meaning Penitence, and was
coined by an English prison reformer, John Howard.
► It was derived from the English word penitent, which refers to a person
who repents, or asks for forgiveness, for the sins he committed.
Thomas Eddy
Alexander Mocanochie
He is the Superintendent of the penal colony at Norfolk Island in Australia (1840)
who introduced the“Mark System”. A system in which a prisoner is 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.
introduced several other progressive measures which aimed at rehabilitating
prisoners
He introduced fair disciplinary trials ,but churches, distributed books, allowed plays
to be staged ,and permitted prisoners to tend small gardens for his progressive
administrations of prisoners .Maconochie should be considered one of the fathers
of modern penology.
The Pioneers of Prison Reform
Walter Crofton – He is the Director of the Irish Prison in 1854 who introduced the Irish system that
was modified from the Mocanochie’s mark system.
1st Stage
✔ solitary confinement for nine months
✔ reduced diet and allowed monotonous work .
2nd Stage
✔ assignment to the public works at Spike Island
✔ the prisoner worked his promotions through a series of grades according to a mark system and
wore a badge of distinction to show his status
3rd Stage
✔ the prisoner was sent to lurk or Smithfield which was a sort of preparation for release.
✔ work without custodial supervision and was expose to ordinary temptation of freedom.
Final Stage was the release on supervision under conditions equivalent to present day parole.
The Pioneers of Prison Reform
Manuel Montesimos
The Director of Prisons in Valencia Spain (1835)
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.
Domets of France / Frederick August Demets
established an agricultural colony for delinquent boys in 1839 providing
housefathers as in charge of these boys.
The boys were housed in cottages with house fathers as in charge. The
system was based on re-education rather than force. When discharged the
boys were placed under th supervision of a patron.
The Pioneers of Prison Reform
Sir Evelyn Ruggles Brise
The Director of the English Prison who opened the Borstal Institution for young offenders.
The Borstal Institution is considered as the best reform institution for young offenders today.
Zebulon Brockway
The Director of the Elmira Reformatory in New York (1876) who introduced certain innovational
programs like the following:
1. training school type the new the new prisoner was prisoner was classified
as second grade and was promoted to first grade after
2. compulsory education of prisoners six (6) months of good behavior. Another six (6)
3. casework methods months of good behavior in the first grade qualified him
for parole. If the prisoner committed a misconduct he
4. extensive use of parole
was demoted to third grade where he was required to
5. indeterminate sentence show good conduct for one month before he could
be reclassified to second grade.
Elmira Reformatory is considered a
forerunner of modern penology because it had all the elements of a modern system.
Golden Age of Penology
(1870 – 1880)
The National Prison Association, now American Correctional Association
(ACA), was organized and its first annual Congress was held in Cincinnati,
Ohio.
The first International Prison Congress (IPC) was held in London.
Representative of the government of the United States and European
countries attended it. As a result of this congress, the International Penal and
Penitentiary Commission, an inter-governmental organization was established
in 1875 with headquarters at The Hague.
The Elmira Reformatory, which was considered as the forerunner of modern
penology was opened in Elmira, New York in 1876. The figures of Elmira were
a training school type of institutional program, social casework in the
institution, and extensive of parole.
The first separate institutions for women were established in Indiana and
Massachusetts.
Brief History of Corrections
in the
Philippine Setting
Corrections in the Philippine Setting
It was only during the Spanish occupation that formal structures were established
for the purposes of confining offenders as a form of state-sanctioned punishment.
These structures or facilities are called prisons, jails and penal colonies or penal
farms. The term penitentiary is used interchangeably with the words prisons, penal
farms and penal colony.
Penal Colony – is a settlement used to exile prisoners and separate them from the
general
populace by placing them in a remote location.
Spanish Colonization
Old Bilibid Prison
first penitentiary built pursuant to Section 1708 of the Revised
Administrative Code and by virtue of a Royal Decree issued by the Spanish government in
1865.
constructed as the main penitentiary and was called Carcel y Presidio Correccional. It was
originally located at Oroquieta Street in Manila, construction was finished in 1866.
San Ramon Prison and Penal Farm
established in Zamboanga City on August 21, 1869.
specifically for Muslim rebels and political prisoners against the Spanish government.
This prison was destroyed during the war between Spain and America in the late 1800s and was
re-established during the American occupation.
American Occupation
Iwahig Prison and Penal Farm
established in Puerto Princesa, Palawan on November 16, 1904,
formerly known as Iuhit Penal Settlement,
This prison was intended for those offenders which seemed to have no more
chance for rehabilitation.
Bureau of Prisons
established pursuant to Act No. 1407, the Reorganization Act of 1905,
approved on November 1, 1905.
It created the Bureau of Prisons under the office of the Department of
Commerce and Police.
American Occupation
Correctional Institution for Women
created pursuant to Act No. 3579 on November 27, 1929.
This prison was constructed specifically for the confinement of female offenders.
J/DIR. CHARLES MONDEJAR - The first chief of the BJMP way back its establishment.
Appointment of Uniformed Personnel (BJMP)
Rank Appointing authority Recommendation Attestation Endorsement
Classification Diversification
Is the placing of prisoners into Is an administrative device of
correctional institutions of providing
types or categories for the varied and flexible types of physical
implementation of the best plants for more effective control of the
treatment programs. It is a treatment programs of its diversified
method by which diagnostic population. It is the separation of
treatment planning and different types of inmates for sound
execution of treatment programs execution of their treatment and
are coordinated in individual custody.
cases.
The Treatment Programs
1. Prison Education – the cornerstone of rehabilitation. It is the process or result of formal
training in school or classrooms intended to shape the mind and attitude of prisoners
towards good living upon their release.
2. Work Programs – these are programs conducive to change behavior in morale by training
prisoners for a useful occupation. It is purposely to eliminate idleness on the part of
prisoners, which may contribute to “Prison stupor”, and it affects the incidence of Prison riot.
3. Religious Services in Prison - The purpose of this program is to change the attitudes of
inmates by inculcating religious values or belief.
4. Recreational Programs - The only program that is conducted during free time schedule.
5. Medical and Health Services - Medical and health services includes: Mental and physical
examination - Diagnosis and treatment – Immunization – Sanitary - inspections –
Participation in training
6. Counseling and Casework
Treatment of Special Needs or Unusual Offenders
Female
✔ The female quarters /dorm should be separated from male
✔ No male No male inmate shall be inmate shall be allow to allow to enter the enter the female
dorm
✔ Only work suitable to their age and physical condition should be assigned to female inmate
Drug Users Defendant and Addict
✔ Drug users should be segregated from other inmate especially during the withdrawal period
✔ Maintain close supervision supervision to prevent attempt to commit suicide
✔ Conduct a regular search of the inmate’s quarters and maintain constant alertness to prevent
the smuggling of narcotics and other dangerous drug
Treatment of Special Needs or Unusual Offenders
Alcoholics
✔ Place alcoholic in quarter separates from other inmates and maintain close supervision to guards
against suicide.
✔ Any symptoms of abnormal behaviour should be reported immediately to the jail Physician or
warden
✔ Exercise close supervision to guard against the smuggling of liquor and other intoxicating drinks or
product containing alcohol
Mentally ill
✔ The mentally ill should be under the close supervision of a jail medical personnel
✔ Place the mentally ill mentally in separate cells
✔ Close supervision to guard against suicide or attempt and violent attack on others
✔ The mentally ill should be transferred as soon as possible to mental institution for proper psychiatric
treatment
Treatment of Special Needs or Unusual Offenders
Sex Deviates
✔ Homosexual should be segregated immediately to prevent them from influencing other
inmate or being maltreated or abuse by other inmates
✔ Sex deviates should be separated from other inmates for close supervision control
Suicidal Inmates
✔ The suicidal inmate should be given be close and constant supervision
✔ Search their quarters and premises for tools /materials that can be used for suicide
✔ They should be subjected to frequent strip search
Treatment of Special Needs or Unusual Offenders
The Handicaped, Aged And Infirmed
✔ These inmates should be house separately and closely supervised to protect them from
maltreatment or abuse by other inmates.
✔ Special treatment should be should be given to these inmates who shall be required to work in
accordance with their physical capabilities for their own and to maintain the sanitation of their
quarters and surrounding
Non Philippine Citizen Inmates
✔ The warden The warden shall report in shall report in writing to the writing to the Bureau of Immigration
and the respective embassies of the detained foreigners the following:
▪ Name of foreigners foreigners
▪ Name of jail
▪ Nationality, number of alien certificate of registration, if any
▪ Age/sex
▪ Offense charged
▪ Case number
▪ Court/branch
Punishable Acts
Minor Offenses
1. Selling or bartering with fellow inmate (s) those items are not classified as
contraband
2. Rendering personal service to fellow inmates;
3. Untidy or dirty personal appearance;
4. Littering or failing to maintain cleanliness and orderliness in his / her quarters and /
or surroundings;
5. Making frivolous or groundless complaints;
6. Taking the cudgels for or reporting complaints on behalf of other inmates;
7. Late in formation during inmate headcount without justifiable reason; and,
8. Willful waste of food.
Punishable Acts
Less Grave Offenses 10. Exchanging uniforms or wearing clothes other than
those issued to him / her for the purpose of
1. Failure to report for work detail of sentenced inmates without circumventing jail rules;
sufficient justification;
11. Loitering or being in an authorized place;
2. Failure to render assistance to an injured personnel or
inmate; 12. Using the telephone without authority from the Desk
Officer / Warden
3. Failure to assist in putting out fires inside the jail;
13. Writing, defacing, or drawing on walls, floors or any
4. Behaving improperly or acting boisterously during religious, furniture or equipment;
social and other group functions;
14. Withholding information which may be inimical or
5. Swearing, cursing or using profane or defamatory language prejudicial to the jail administration;
directed at other persons;
15. Possession of lewd or pornographic literature and /
6. Malingering or pretending to be sick to escape work or photographs;
assignment;
16. Absence from cell, brigade, place of work during
7. Spreading rumors or malicious intrigues to besmirch the headcount, or at any time without justifiable reason
honor of any person, particularly BMJP personnel; and;
8. Failure to stand at attention and give due respect when 17. Failure to turn over any implement / article issued
confronted by or reporting to any BJMP personnel; after work detail
9. Forcing fellow inmates to render personal service for him /
her and / or to others;
Punishable Acts
Grave Offenses
1. Making untruthful statements or lies in any official communication, transaction, or investigation.
2. Keeping on concealing keys or locks of places in the jail which are off-limits to inmates;
3. Giving gifts, selling, or bartering with jail personnel
4. Keeping in his her possession money, jewelry, cellular phones or other communication devices another items
classified as contraband under the rules;
5. Tattooing others or allowing him / her to be tattooed on any part of the body, or keeping any
paraphernalia to be used in tattooing;
6. Forcibly taking or extorting money from fellow inmates and visitors;
7. Punishing or inflicting injury or any harm upon him / herself or other inmates
8. Receiving, keeping, taking or drinking liquor and prohibited drugs;
9. Making, improvising or keeping any kind of deadly weapon;
10. Concealing or withholding information on plans
11. Unruly conduct and flagrant disregard or discipline and instructions;
12. Escaping, attempting or planning to escape from the institution or from any guard;
Punishable Acts
Grave Offenses
13. Helping, aiding or abetting others to escape;
14. Fighting, causing any disturbance or participating therein and / or agitating to cause such disturbance or riot;
15. Indecent, immoral or lascivious acts by him / her or others and / or allowing him / herself to be the subject to such
indecent, immoral or lascivious acts;
16. Willful disobedience to a lawful order issued by any BJMP personnel;
17. Assaulting any BJMP personnel;
18. Damaging any government property or equipment;
19. Participating in kangaroo court, an unauthorized or irregular court conducted with disregard for or perversion of legal
procedures as a mock by the inmates in a jail / prison.
20. Affiliating with any gang or faction whose main purpose is to foment regionalism or to segregate themselves from
others;
21. Failing to inform the authorities concerned when afflicted with any communicable disease, such as tuberculosis,
sexually-transmitted diseases, etc;
22. Engaging in gambling or any game of chance;
23. Committing any act which is an violation of any law or ordinance, in which case, he / she shall be prosecuted
criminally in accordance with law and;
24. Committing any act prejudicial to good order and discipline.
Riots or Disturbance
2. Medium security inmates are those who cannot be trusted in less secure areas and
those whose conduct or behavior require minimum supervision. Included in this category
are:
✔ Those whose minimum sentence is less than twenty (20) years imprisonment;
✔ Remand inmates or detainees whose sentences are below twenty (20) years;
✔ Those who have two (2) or more records of escapes. They can be classified as medium
security inmates if they have served eight (8) years since they recommitted. Those with one
(1) record of escape must serve five (5) years; and
✔ First offenders sentenced to life imprisonment. They may be classified as medium security if
they have served five (5) years in a maximum security prison or less, upon the
recommendation of the Superintendent.
Classification of Inmates as to Security Risk
3. Minimum security inmates are those who can be reasonably trusted to serve their
sentence under less restricted conditions. Included in this
category are:
✔ Those with a severe physical handicap as certified by the Chief Medical Officer of the
prison;
✔ Those who are sixty-five (65) years old and above, without pending case and whose
convictions are not on appeal;
✔ Those who have served one-half (1/2) of their minimum sentence or one-third (1/3) of their
maximum sentence, excluding Good Conduct Time Allowance (GCTA); and
✔ Those who have only six (6) months more to serve before the expiration of their maximum
sentence.
✔ The lethal injection chamber is also located here.
Classification of Inmates as to Priviledge
1. 3rd Class – committed for three or more times as a sentenced prisoner.
2. 2nd Class – newly arrived inmate, demoted from 1st class or promoted from 3rd class.
3. 1st class – known for character and credit for work while in detention or one promoted from 2nd
class.
4. Colonist – one year after of being promoted from 1st class who served with good conduct the
1/5 of his maximum sentence or served 7 years of his life sentence.
PRIVILEGES OF A COLONIST
1. Automatic commutation to 30 years of life imprisonment
2. Deduction of 5 days / month (GCTA)
3. Wear civilian clothes
4. Can live with his family
5. Subsidy from the Government
6. Transportation allowance
7. Use of Prison facilities
Duration of Penalties
The duration of penalties is provided
by Article 25 of the Revised Penal
Code:
Capital Punishment Correccional Penalties
Death Prision Correccional – (6m-1d-6y)
Afflictive Penalties Arresto Mayor – (1m-1d-6m)
Reclusion (20-1-40) Destierro (6m-1d-6y)
Reclusion Temporal (12-1-20) Light Penalties
Prision Mayor(6-1-12) Arresto Menor – 1 day to 30 days
Indeterminate Sentence
is one in which the actual number of years a person may serve is not fixed but is rather a
range of years. Penalty imposed may be in its minimum, medium or maximum period, as
provided by the Revised Penal Code.
Act No. 4103, as amended by Act No. 4203 and Act No. 4225
is the Indeterminate Sentence Law, which took effect on 5 December 1933 and currently
still enforceable. This law is responsible for the establishment of the parole system in the
Philippines and the Board of Pardons and Parole, which is tasked to administer the
parole system.
▪ E.O 83 Series of 1937
✔ Change “Board of indeterminate sentence” to Board of Pardons
✔ Has the power to assist and recommend to president in granting executive celemency
▪ E.O 94 Series of 1947
✔ Renamed to Board of Pardons and Parole
Concurrent Sentence and Consecutive Sentence
2. After registration, the inmate shall be photographed, front and side view, fingerprinted and
assigned a permanent prison number. The male inmate shall then be given a regulation haircut and
his beard or mustache, if any, shall be shaven off.
Reception and Diagnostic Center
1. All inmates are required to be placed in quarantine for at least five (5) days
upon admission in the Reception and Diagnostic Center. During the quarantine
period, the inmate shall be given a physical examination. The quarantine
period shall also be the time for the inmate’s orientation with prison rules and
regulations.
2. After the quarantine period, the inmate is required to remain in the Reception
and Diagnostic Center for a period not exceeding fifty-five (55) days. During
this period, the inmate will undergo psychiatric, psychological, sociological,
vocational, educational, religious and other examinations. The results of these
examinations will serve as the basis for the inmate’s individualized treatment
program.
The Admission Process
3. An inmate is allowed to bring with him some personal effects, as long as
these items are authorized and are not contraband.
Contraband – refers to any article, item or thing prohibited by law and/or
forbidden by prison or jail rules that would pose as security hazards or
endanger the lives of inmates
4. Inmates shall be issued two (2) regulation uniforms and two (2) t-shirts
upon admission. He shall also be issued the following items: one (1) blanket,
one (1) mat, one (1) pillow with pillow case, one (1) mosquito net, one (1) set
of mess kit and one (1) pair of slippers.
Confinement and Accommodation of Inmates
Section 4, chapter 4, Part II of the BuCor Operating Manual provides for the prison accommodation
standards:
✔ All accommodations for the use of inmates shall meet requirements of sanitation and hygiene with
emphasis on adequate ventilation, living space and lighting;
✔ Bathrooms and washing areas shall be provided in every prison facility;
✔ All areas regularly used by inmates shall be properly maintained and kept clean at all times;
✔ Beds and clothing shall be neatly made up in a uniform manner at all times. Beds and buildings
occupied by inmates shall be thoroughly disinfected at least once a month;
✔ Cleanliness shall be maintained at all times in all dormitories or cells, especially toilets and baths;
✔ As often as it is necessary, an inmate shall send his dirty clothes to the laundry;
✔ Every Sunday and holiday, if the weather permits, inmates will expose their clothes, beds, bedding and
so forth in the sunshine in an area designated for the purpose. Cleanliness of the premises of the
dormitories and their surroundings shall be strictly enforced. Littering is prohibited; and
✔ Inmates shall be served meals three (3) times a day. Breakfast shall be served not more than fourteen
(14) hours after the previous day’s dinner.
Classification Board
Chairman = Superintedent
Vice Chairman = Chief, DRD
Members = Medical officer
Chief, Agro-Industrial Section
Secretary = Chief Overseer
Inmates Complaint Center
The Center shall act on all written complaints that are not palpably frivolous,
as well as requests for information and assistance of inmates, within 72hours
from receipt thereof
Procedures in the
Classification, Admission and
Confinement of Inmates in the
Bureau of Jail Management
and Penology
REQUIREMENTS FOR COMMITMENT
a. Commitment Order;
b. Medical Certificate - recent medical certificate taken within 24 hours
prior to admission;
c. Complaint/Information;
d. Police Booking Sheet; and
e. Certificate of Detention from PNP and/or NBI.
RECEPTION PROCEDURES -
Gater - He or she checks the credentials of the person bringing the inmate/the
committing officer to determine his/her identity and authority. Also, he or she
reviews the completeness of the following documents before the person
bringing an inmate/the committing officer is allowed to enter the facility. The
documents mentioned earlier refer to the:
a. Commitment Order;
b. Medical Certificate - recent medical certificate taken within 24 hours
prior to admission;
c. Complaint/Information;
d. Police Booking Sheet; and
e. Certificate of Detention from PNP and/or NBI.
Records Unit-
This unit examines the completeness and authenticity of the requirements for Commitment
(Commitment Order, Booking Sheet, Arrest Report and Information) before it refers the inmate
for physical examination by the Health Unit.
Property Custodian
1. Checks the inmate’s belongings for presence of contraband. Discovery of any contraband
shall be treated in accordance with existing policies.
2. Takes all cash and other personal properties from the inmate, lists them down on a receipt
form with duplicate, duly signed by him/her and countersigned by the inmate. The original
receipt should be given to the inmate and the duplicate be kept by the Property Custodian.
3. Keeps all cash and other valuables of the inmate in a safety vault.
Said cash and valuables may be turned over to any person authorized by the inmate.
4. Refers the inmate to the desk officer.
Desk Officer - books the newly committed inmate in the jail blotter; assigns the inmate
to a reception area, if any, where he/she shall be scheduled for orientation on jail
rules and regulation, and shall undergo risk assessment and classification, evaluation
and conduct of further medical evaluation/screening by the Medical Officer.
Assistant Warden or Officer of the Day - Orients the newly committed inmates on jail
rules and regulations using the Inmate’s Orientation Sheet.
Jail Warden - Coordinates with concerned agencies regarding the case of inmate for
speedy disposition and to furnish them with copies of the available needed documents
CLASSIFICATION BOARD
Admission of Inmate –
Once the inmate has undergone the registration process; he/she will be
temporarily housed at the Inmate Classification and Counseling Unit (ICCU) in
jails where it is available. The inmate shall stay at the ICCU for a minimum
period of thirty (30) days but not exceeding sixty (60) days or until the
completion of the classification process. At the ICCU, the newly committed
inmate will undergo assessment by the different health professionals.
DISCIPLINARY BOARD
- A disciplinary board shall be organized and maintained for the purpose of hearing
disciplinary cases involving any inmate who violates jail rules and regulations. It
shall be composed of the following:
Chairperson - Assistant Warden
Member - Chief, Custodial/Security Office
Member - Medical Officer/Public Health Officer
Member - Jail Chaplain
Member - Inmates Welfare and Development Officer
Member - Inmates’ Representative
PROCEDURES IN THE HEARING OF
DISCIPLINARY CASES
a. The aggrieved inmate or any person (visitor, inmate or personnel) reports the violation
to the Desk Officer;
b. The desk officer shall immediately submit a written report to the warden and the latter
shall direct the Investigation Unit to conduct an investigation within twenty-four (24)
hours upon receipt of the directive. The Investigation Unit shall submit to the Warden
their report together with their recommendations;
c. The warden shall evaluate the report and if he/she believes that there is no sufficient
evidence to support the alleged violation, he/she shall dismiss the case. If he/she
believes that sufficient evidence exists, he/she shall decide the case and impose the
necessary penalty in case of minor violations. If the offense is less grave or grave,
he/she shall endorse it to the disciplinary board for hearing or decide it himself/herself
as a in his or her capacity as summary disciplinary officer in the absence of a
disciplinary board;
QUICK RESPONSE TEAM (QRT)
It is created purposely to respond immediately and efficiently and to contain,
control, and solve in the shortest possible time any form of jail
incidents/disturbance while waiting for the arrival of reinforcement from the
National/Regional STAR team/s and friendly forces.
Scope of Jurisdiction
Shall be under the command and control of the jail warden, or in his absence, the
assistant warden or the most senior JCO/JNCO.
QUICK RESPONSE TEAM (QRT)
Team Composition
Team Leader
✔ A former STAR Team member or have undergone Quick Response
Training.
Assistant Team Leader
✔ Have undergone Quick Response Training.
Members
✔ Have undergone Quick Response Training.
SPECIAL TACTICS AND REPONSE
(STAR) TEAM
It is an elite tactical unit trained to perform high-risk operations that falls
outside the operational abilities of the regular BJMP personnel and is
equipped with specialized skills and sophisticated firearms and
equipment. A ready force is composed of highly trained BJMP personnel
and experts in dealing with high risk, high profile inmates and VEO’s, as
well as in controlling critical jail disturbance and incidents
STAR trained personnel should NEITHER be assigned individually in jail
NOR be given custodial responsibility. They should be assigned by teams
only in places mentioned in the preceding paragraph in order not to defeat
the primordial intent of its creation.
SPECIAL TACTICS AND REPONSE
(STAR) TEAM
Scope of Jurisdiction
1. The BJMP-NHQ STAR Team shall be under the direct command and
supervision of the Director, Directorate for Operations.
2. The BJMP Regional STAR Team shall be under the direct command and
supervision of the Regional Director.
3. Upon deployment of the STAR Team, commands/orders shall emanate
from the Team Leader.
SPECIAL TACTICS AND REPONSE
(STAR) TEAM
Duties and Responsibilities
1. Shall serve as the last resort in addressing crisis in jail.
2. Shall augment the force during court hearings of high risk/high profile
inmates and other similar tasks.
3. Escorts high ranking/key officers and other dignitaries of state. 4.
Performs other task/functions as the Chief, BJMP/Regional Director may
direct.
SPECIAL TACTICS AND REPONSE
(STAR) TEAM
Team Composition and Basic Functions
Team Leader
a. Must have the rank of inspector, at least;
b. Must be a graduate of STAR Course, CQB or SWAT;
c. Oversees the general plans during tactical operation;
d. Promotes the morale and welfare of S.T.A.R team members; and
e. Performs other functions as the Chief, BJMP/Regional Director may
direct.
Assistant Team Leader
a. Must be the most senior JNCO;
b. Must be a graduate of STAR Course, CQB or SWAT;
c. Assists the team leader regarding plans for tactical operation;
d. Assumes the duties and responsibilities of the team leader during the
latter’s absence; and
e. Performs other functions as the Team Leader may direct.
Communication JNCO
a. Must be a graduate of STAR Course, CQB or SWAT;
b. Responsible in command post operations, radio communications,
communication codes and video recording (if available) between the team
and the command post;
c. Responsible for coordination with other teams, units, media, and the
National Headquarter/Regional Office; and
d. Performs other functions as the team leader may direct.
Other Members
a. Must be a graduate of STAR Course, CQB or SWAT; and
b. Performs other functions as the team leader may direct.
Supply JNCO
a. Must be a graduate of STAR Course, CQB or SWAT;
b. Prepares request for logistical needs;
c. Ensures all equipment/gadgets are operational and accounted;
d. Ensures the availability of other supplies needed; and
e. Performs other functions as the Team Leader may direct
Outside Movement of Inmates (BuCor)
Outside movement of inmates refers to the bringing or taking out of an inmate from the prison
facility where he is confined for the following reasons:
a. to appear in court or other government agency as directed by competent authority;
b. for medical examination or treatment or hospitalization in an outside clinic or hospital;
c. to view the remains of a deceased relative.
✔ only minimum and medium security inmates can be allowed outside movement to view the remains
of a deceased relative. He is allowed only three (3) hours to visit and he is not allowed to attend the
funeral and burial ceremonies.
✔ The approval of the Secretary of the Department of Justice is required for the outside movement of
an inmate, except when the order comes from the court. There must be a subpoena issued by the
court and it must be endorsed by the Director of the BuCor.
*At least two (2) guards must be provided for every inmate appearing in
court.
Custody, Security & Control (BJMP)
1. The BJMP conducts frequent surprise searches of inmates and their
quarters to detect contraband. This is referred to as Operation
Greyhound.
An inmate may be brought out from a jail in any of the following instances:
To appear as witness or as accused before any court of justice during preliminary
investigation, arraignment or hearing of a criminal case;
To appear as witness with leave of court in any investigation or formal inquiry being
conducted by a government agency;
To view with leave of court the remains of a deceased relative within the second degree
of affinity or consanguinity; and
To undergo with leave of court medical examination or treatment in an outside hospital or
clinic.
✔ The phrase with leave of court means with approval of the court.
Movement and Transfer af Inmates (BJMP)
For those inmates who wish to view the remains of a deceased relative, leave
of court shall first be obtained. But the inmate must satisfy the following
conditions:
✔ The deceased relative is lying in state in a place not beyond thirty (30) kilometers
radius from the place of confinement of the inmate,
✔ If beyond 30 km, the inmate must return to prison during daylight hours;
✔ The inmate has no record of escape; and
✔ The inmate is not classified as high risk or high profile and the jail has adequate
resources to ensure his safety and security.
▪ It shall be the duty of the inmate to pay for his transportation and meal expenses,
including those of the jail officers escorting him. He must pay the necessary amount
before he will be allowed to leave.
Escort Procedures (BJMP)
The BJMP observes the same escort procedures being observed by the
BuCor. In addition, the BJMP follows the ratio 1:1+1 verbally interpreted as
for every one (1) inmate, there must be 2 escort guards if escorting high
profile and high risk inmate.
✔ Note: 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.
Special Time Allowance for Loyalty
(STAL)
Deduction of 1/5
evaded the service of his sentence
gives himself up to the authority
✔ within 48 hours following the issuance of a proclamation announcing the passing away of the
calamity by the President of the Philippines
Deduction of 2/5
in case said prisoner chose to stay
Additional 1/5 and Evasion of Service of Sentence
If did not return or gave himself up
Returned on or after 48 hours following the announcement of passing of calamity by the
president
✔ This Article shall apply to any prisoner whether undergoing preventive imprisonment or
serving sentence."
Who Grants Time Allowances.
Whenever lawfully justified
1. Director of the Bureau of Corrections
2. Chief of the Bureau of Jail Management and Penology
3. Warden of a provincial, district, municipal or city jail shall grant allowances
for good conduct.
✔ Such allowances once granted shall not be revoked."
Period of Preventive Imprisonment
► ART. 29 of RPC as amended by REPUBLIC ACT No. 10592
Offenders or accused who have undergone preventive imprisonment shall be credited in
the service of their sentence consisting of deprivation of liberty, with the full time during
which they have undergone preventive imprisonment if the detention prisoner agrees
voluntarily in writing after being informed of the effects thereof and with the assistance of
counsel to abide by the same disciplinary rules imposed upon convicted prisoners, except
in the following cases:
1. When they are recidivists, or have been convicted previously twice or more times of any crime;
and
2. When upon being summoned for the execution of their sentence they have failed to surrender
voluntarily.
If the detention prisoner does not agree to abide by the same disciplinary rules imposed
upon convicted prisoners, he shall do so in writing with the assistance of a counsel and
shall be credited in the service of his sentence with four-fifths of the time during which he
has undergone preventive imprisonment.
Credit for preventive imprisonment for the penalty of reclusion perpetua shall be deducted
from thirty (30) years.
Period of Preventive Imprisonment
ART. 29 of RPC as amended by REPUBLIC ACT No. 10592
► Whenever an accused has undergone preventive imprisonment for a period equal to the
possible maximum imprisonment of the offense charged to which he may be sentenced and his
case is not yet terminated, he shall be released immediately without prejudice to the
continuation of the trial thereof or the proceeding on appeal, if the same is under review.
Computation of preventive imprisonment for purposes of immediate release under this
paragraph shall be the actual period of detention with good conduct time allowance: Provided,
however, That if the accused is absent without justifiable cause at any stage of the trial, the
court may motu proprio order the rearrest of the accused: Provided, finally, That recidivists,
habitual delinquents, escapees and persons charged with heinous crimes are excluded from the
coverage of this Act. In case the maximum penalty to which the accused may be sentenced is
destierro, he shall be released after thirty (30) days of preventive imprisonment."
Release of Inmates (BuCor)
1. An inmate may be released from prison upon the expiration of his
sentence, by order of the court or of competent authority or after
being granted parole, pardon or amnesty.
2. The order bearing the seal of the court and duly signed by the clerk of
court or by the judge himself must be received by the Superintendent
before he will authorize the release of the inmate.
3. The approval of the Director of the BuCor is required before the
release of an inmate can be authorized. Before an inmate is released,
he shall be properly identified by comparing his fingerprints and other
identification marks with those which were taken when he was
admitted in prison.
Release of Inmates (BuCor)
1. An inmate may be released through service of sentence, order of the court, parole,
pardon and amnesty.
2. Before an inmate is released, he shall be properly identified to ensure that he is
the same person received and will be released. His fingerprints shall be verified with
those taken when he was received.
3. The release of an inmate shall be effected only upon receipt of the Release Order
served by the court process server. The Release 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 officer in charge to properly identify the inmate to be
released.
4. The released inmate shall be issued a Certification of Discharge from jail by the
Warden or his authorized representative.
Halfway house
Japan Nagoya halfway house with 2 hours caring institution for those who
are about to be release.(BOARD QUESTION)
What is the ultimate purpose of justification of a
sentence of imprisonment?
a. To rehabilitate offenders
b. To protect society against crime
c. To reform offenders
d. All of the above
What is the ultimate purpose of justification of a
sentence of imprisonment?
a. To rehabilitate offenders
b. To protect society against crime
c. To reform offenders
d. All of the above
The concept of reintegration to society is stated in Rule 58 of UNSMRTP:
UNSMRTP
United Nations Standard Minimum Rules for Treatment of Prisoners
Cell Capacity
Ideal habitable floor area per inmate = 4.7 square meters