INTRODUCTION

Who commits the crime, if convicted is punished by the State. Therefore, it is evident that the

object of criminal justice is to protect the society against the criminals by punishing them

according to existing penal law in the State. Thus, the punishment can be used as a method of

reducing the incidence of criminal behavior either by deterring the potential offenders by

incapacitating and preventing them from repeating the offence or by reforming them into law

abiding citizens. It is the principle, which underlies the doctrines concerning the desirability and

objectives of the punishment. Theories of punishment, therefore, contain general policies

regarding handling of crime and criminals.

“State punish individuals to achieve revenge against the wrongdoers and to prevent further

crime.”

ORIGIN OF PENOLOGY

The term penology was coined in 1834, by Francis Lieber, a German American, to denote a

system of administrating punishment to the convicted offenders. But Cesare Beccaria’s Essay on

Crimes and Punishments”, published in 1764, marks the beginning of what came to beknown, a

i
few years later, as a classical school of penology. Beccaria’s views on Crime and Punishment

shook to its very foundations the arbitrary, inhuman, oppressive, traditional penal system,

setting in motion radical penological concepts and doctrines which provided a framework of

more humanistic, more enlighted and rational penal system.

As an organized branch of knowledge, penology is only two and half centuries old. The

lineaments of penology are clearly discernible in the pioneer work of prison reform by

John Howard (1726-1789)

Elizabet Fry (1780-1845), and Mary Carpenter in England, Sir William Crofton in Ireland, and Dr Enoch Cobb

Wines (1806-1879) and Benjamin Sanborn (1831-1917) in the United States.

The principles of penology were, however, first enunciated in the US in the Declaration of

Principles, 1870 adopted by the National (American)Prison Association (renamed in 1941 as

the Annual Congress of Correction).

MEANING OF PENOLOGY

The word penology is derived from two Greek words: poine and logos. Poine means

punishment and the meaning of logos is discourse. Thus, penology means a discourse about

punishment or a science of punishment. In the modern parlance it means the study of

punishment in relation to crime and the derivative meaning is the management of prisons.

Penology refers to the general science of punishment. As a scientific discipline, a subject of

study and a topic of education it has evolved within the science of criminal law. Penology deals

primarily with the criminal punishment, i.e. the punishment inflicted for a culpable act defined

as crime by legal provisions. Penology is a section of penal sciences, together with the

(dogmatic) science of substantive criminal law, the science of law of criminal proceedings, the

science of criminal executive law and penitentiary law, the science of crime detection and

criminology, and criminal and penitentiary policy. Penology sees punishment as an

institutionalized and complex process of legal and social nature (i.e. legal and social institution)

which may take various organizational forms. In such context, criminal punishment means the

process of intentional, legal and social condemnation and of intentional causing of objectively

measurable personal affliction, which has been legally defined, decided by judgment

of an independent court in the name of the legal and social system (State), and which consists in

official, organized deprivation of goods of a person who, in the opinion of the court, would

presumably cause illegal prejudice to such system, by voluntary violation of sanctioned norms

which provide for the existence of crime and which correlate with a specific penalty. In

penology, the fulfillment of criminal punishment(actualization) starts with the announcement of

the valid judgment and lasts until the end of its execution process (full actualization). However,

penology is equally interested in the stage of criminal proceedings and its social repercussions

to be called “the potentiality of punishment”,

i.e. in research on legal and social aspects of influencing social reality by official actions

intended to accomplish the administration of individually defined criminal punishment, i.e.

actions which have been taken since the opening of the proceedings ad persona. In penological

sense, the ultimate function of criminal punishment is to reintegrate a shaken legal and social

system. In this perspective, the influence of punishment ceases to exist only when legally

tangible and socially and individually vital effects of punishment process come to an end.
i

DEFINITION OF PENOLOGY

According to Encarta Reference Library 2005,“Penology is the study of prisons and punishment

management. It studies the theory, scientific study of, and practice of how criminals are punished,

how prisons are managed, and how rehabilitation is handled.

”According to F. Lieber, “Penology is that branch of criminal science which occupies itself, or ought to

do so with the punishment of the criminal. ”This is rather a narrow technical definition of the subject.

It emphasizes only on the punishment of the criminal, while penology covers many other aspects of

punishment, crime etc. It studies for instance, not only what? and how? of punishment but its why? as

well, that is the principles behind punishment and the aim and object of punishment.

According to Fairchild, “Penology is that field of applied sociology which deals with the theory and

methods of punishment of crime.”

According to MS Sabnis,“Penology is sometimes described as a science of punishment, although one

may find therein more of humanism than of science. Penology is at best, a body of systematized

knowledge of management of penal measures and penal institutions so designed that a minority

among people who dare violates the established norms of individual and social conduct and behavior

codified as law by a given society at a given time and place are kept out of circulation for the certain
period of time in order to enable the rest of the society, which is predominantly law-abiding, to

constitute its socially useful activity without let or hindrance.”

In view of all the above definitions penology is defined as the study of punishment. It is concerned with the

administration of penal measures and penal institutions, and starts from the penal measure by the State authorized

penal institutions, different for the different kinds of offenders on conviction and extends to all aspects until such

offenders return to society or free from sentence imposed by the competent authority.”

CORRECTIONAL INSTITUTION OF THE PHILIPPINES

NEW BILIBID PRISON

This was establish in 1847 and became the first and central place of confinement for Filipino prisoners

by virtue of the Royal Decree of the Spanish Crown. The NBP operates two satellites units, namely:

Bukang Liwayway (for minimum security) and Sampaquita Camp ( for medium security).The New

Bilibid Prison in Muntinlupa, Philippines, Is the main insular penitentiary designed to house the

population of the Philippines. It is maintained by the Bureau of Correction (BUCOR) under the

Department of justice. As of October 2004, it has inmate population of 16,747. The penitentiary had

an initial land area of 551 hectares. Our four hectares of the facility were transferred to housing

project of the Department of Justice. The Bureau of Correction has its Headquarters in the NBP

Reservation

 Location: Poblacion, Muntinlupa city, Philippines

 Capacity The New Bilibid Prison has a capacity of 8,460 as of October 31, 2016
  Latest Possible Population: Population of New Bilibid Prison of 24,227 as of October 31. 2016.

 Hectares The penitiary has an initial land of 551 hectares.

 System of Rehabilitation or Programs:

 Work and Livelihood

 HealthCare Services

 Education and Skills Training

 Sports and Recreation

 Moral and Spiritual Program

 Therapeutic Community

CORRECTIONAL INSTITUTION FOR WOMEN (CIW)

In Welfareville, Mandaluyong – This institution was established in 1931 in a 18 hectare land by

authority of Act No. 3579 on November 27, 1929.CIW is the most recent facility organized in the

Bureau of Corrections. It was only inaugurated in September 18, 2007, the second institution which

branched out form the first and only penal establishment dedicated in rehabilitating female offenders.

 Location: Mandaluyong City, Philippines

 Capacity: The capacity of Correctional Institution for Women is 1,525 as October 31, 2016

 Latest Possible Population: Population of Correction Institution for Women is 2,575 as of

October 31, 2016.

 Hectares The Correctional Institutional for Women with an area of 18 hectares.

 System of Rehabilitation of Programs:

  Work and Livelihood

 HealthCare Services

 Education and Skills Training

 Sports and Recreation

IWAHIG PRISON AND PENAL FARM

The establishment of this penal colony is to serve as an institution for incorrigibles envision by Governor Luke E. Wright

and order by Governor Forbes in January 23, 1904. Later, it will became the colony as well-behaved and declared

tractable prisoners. It enjoys the reputation of being the best open institution in the world over. It has (4) sub-colonies

namely: 1) Sta. Lucia Sub-Colony , 2) Inagawan Sub-Colony , 3) Montible Sub-Colony, 4) Central Sub-Colony. Its area is

30,000 Hectares .Spanish regime that Puerto Princesa was designated as a place where

offenders sentenced

to banishment were exiled. Aspecific area of Puerto Princesa was selected as the site for acorrectional

facility. Philippines is one of seven operating units of Bureau of Correctional under the Department of

Justice.

 Location: Puerto Princesa Palawan, Philippines

 Capacity: The capacity of Iwahig Prison and Penal Farm is 1,265.

 Latest Possible Population: Population of Iwahig Prison and Penal Farm is 2,444.

 Hectares: The Central sub-colony with an area of 14,700 hectares, Sta. Lucea with 9,685

hectares, Montible with 8,000 hectares and Inagawan with 13,000 hectares.

 System of Rehabilitation of Programs:

 Work and Livelihood

  Health Care Services

 Education and Skills Training

 Sports and Recreation

 Moral and Spiritual Program

 Therapeutic Community

DAVAOPRISONANDPENALFARM

Davao Prison and Penal Farm (formerly Davao Penal Colony DaPeCol) was established on January

21,1932 in Panabo City, Davao del Norte, Philippines. It has a land area of 30,000

hectares. During World War II, the Davao Penal Colony was the biggest prison establishment in the

country which was used by the Japanese invading army as their imperial garrison. The Colony is

divided into two sub-colonies, namely: 1) Panobo Sub- Colony, and 2) Kapalong Sub-Colony.

 Location: Panabo City, Philippines

 Capacity: The capacity of Davao Prison and Penal Farm is 2,091

 Latest Possible Population3 Population of Davao Prison and Penal Farm is 6,304

 Hectares: 30,000 hectares

 System of Rehabilitation of Programs:

 Work and Livelihood

 Health Care Facilities

  Education and Skills Training

 Sports and Recreation

 Moral and Spiritual Program

 Therapeutic Community

SAN RAMON PRISON AND PENAL FARM

T h e S a n R a m o n P r i s o n a n d P e n a l Fa r m i s s i t u a t e d i n Z a m b o a n g a C i t y,

Philippines. This was established in 1869 by Spanish Authorities for the

p u r p o s e o f c o n f i n i n g p o l i t i c a l o f fe n d e r s . T h i s p r i s o n w a s n a m e d a f t e r i t s

f o u n d e r C a p t a i n R a m o n B l a n c o o f t h e S p a n i s h R o y a l A r m y . I t w a s established to

house to Muslim Rebels and prisoners opposing the Spanish leadership. The prison is right in front of

the Jolo Sea and sprawled within a 1,414 hectare property.

 Location: Zamboanga City, Philippines

 Capacity: The capacity of The San Ramon Prison and Penal Farm is 802

 Latest Possible Population: Population of The San Ramon Prison and Penal Farm is 1,547.

 Hectares: 1,414

 System of Rehabilitation of Programs:

 Work and Livelihood

 Health Care Service

 Education and Skills Training

  Sports and Recreation

 Moral and Spiritual Program

 Therapeutic Community

SABLAYAN PRISON AND PENAL FARM

Nearer to Manila than other penal colonies, the Sablayan Penal Colony is located in Occidental

Mindoro and relatively new. Established on September 26,1954 by virtue of Presidential Proclamation

No.72, the penal colony has a total land area of approximately 16,190 hectares.

 Location: Occidental Mindoro, Philippines

 Capacity: The capacity of 6ablayan Prison and Penal Farm is 1,391

 Latest Possible Population: Population of Sablayan Prison and Penal Farm is 2,123

 Hectares: 16,190 hectares

 System of Rehabilitation of Programs:

 Work and Livelihood

 HealthCare Services

 Education and skills Training

 Sports and Recreation

 Moral and Spiritual Program

 Therapeutic Community
LEYTE REGIONAL PRISON

The Leyte Regional Prison, situated in Abuyog, Southern Leyte, was established a year after the

declaration of martial law in 1972 by Virtue of Presidential Decree No. 28. While is plantilla and

institutional plan were almost ideal, lack of funds made the person unable to realize its full potential

and its facilities are often below par compared with those of other established penal farms.

 Location: Abuyog, Southern Leyte, Philippines

 Capacity: The capacity of Leyte Regional Prison is 1,391.

 Latest Possible Population: Population of Leyte Regional Prison is 1,561.

 System of Rehabilitation of Programs:

 Work and Livelihood

 HealthCare Services

 Education and Skills Training

 Sports and Recreation

 Moral and Spiritual Program

 Therapeutic Community
INSTITUTIONAL CORRECTIONS

CORRECTIONS -

Is that branch of the administration of criminal justice charged with responsibility for the custody,

supervision and rehabilitation of the convicted offender?

Purpose of Corrections: 1) Reformation of Offenders2) Prevention of Crime

Three Revolutions in the History of Corrections

1) Age of Reformation- replaced corporal punishment, exile and physical disfigurement with the

penitentiary.

2) Age of Rehabilitation- assumed that criminals were handicapped persons suffering from mental or

emotional deficiencies. Under this, individual therapy aimed at healing these personal

maladjustments became the preferred style.

3) Age of Reintegration- society becomes the patient as well as the offender. Much more

emphasis is placed on the pressures exerted on the offender by the social groups to which

he belongs and on the society which regulates his opportunities to achieve his goals.

Punishment- is defined as the redress that the state takes an offending member. It is a means of

social control, a device to cause people to become cohesive and induce conformity. It is considered

necessary to restore moral equilibrium and for grounds of social utility.

It is a re-orientation or re-instruction of the individual with a view to preventing a repetition of

the deviation without necessity of taking punitive action.

TWO (2) APPROACHES IN THE PHILIPPINE CORRECTIONAL SYSTEM

1) Institutional-Based Corrections

This approach provides incarceration and rehabilitation of offenders who are sentenced by the court

to serve the prison term after conviction of a criminal offense to an institution. At present, there are

three (3) executive departments and the LGUs that supervise and control the numerous institutional

facilities nationwide, namely: the DOJ for National Penitentiaries. Provincial Government for Provincial

Jails, DILG-BJMP for District, City and Municipal Jails and DSWD-RCYO) for youthful offenders

2 . Community-Based Corrections

Community-based corrections are alternatives to imprisonment or incarceration. It refers to any

community-based corrections program designed to supervise convicted offenders in lieu of

incarceration, either by city, county, state or federal authority. The following programs are: a. It

provides various services to client offenders

b. Monitors and furthers client-offender behaviors related to sentencing conditions

c. Heightens client-offender responsibility regarding payment of fines, victim

compensation, community service and restitution orders. d. Provides for a continuation of punishment

through more controlled supervision and greater accountability.

Significance of Community-Based Corrections:

1) Humanitarian Aspect- to subject anyone to custodial coercion is to place him in physical jeopardy,

to narrow drastically his access to sources of personal satisfaction and to reduce

self-esteem.

2) Restorative Aspect-concerns measure expected to achieve for the offender a position in

the community in which he does not violate the laws. These measures may be directed at change,

control, or reintegration; the failure of offenders to achieve these goals can be measured by

recidivism, and their success is defined by reaching specific objectives set by

correctional decision makers.

3) Managerial Aspect- are of special importance because of the sharp contrast between the per capita

costs of custody and any kind of community program. When offenders can be

shifted from custodial control to community-based programming without loss of public

protection, the managerial criteria require that such shift be made.

THREE MAIN APPROACHES IN THE TREATMENT OF CRIMINALS:

1) Classical School- the punishment approach is retributive and punitive in nature. Its

imposition is standardized and proportioned to the gravity and nature of the offense.

This approach is stressed on the crime and not on the criminal offender. Among its

proponents included Beccaria, Rousseau, Montesquieu and Voltaire maintained the

doctrine of psychological hedonism, that the individual calculates pleasure and pains

in advance of his action and regulates his conduct by the results of his calculations.

2) Neo-Classical School- the punishment approach is no longer punitive. It is

imposed on some lawbreakers but not on others. It argues that since children and

lunatic persons cannot calculate pleasure and pain, they should not be regarded as

criminals. It was during the time of French Revolution.

3) Positive School- this approach views crime as a social phenomenon and attaches importance to the

criminal offenders. The concept of guit is substituted with that of social bebavior, the incurable is to
constitute a criminology hospital Rehabilitation is the aim of this approach.

ANCIENT FORMS OF PUNISHMENT

1. Death Penalty- this was affected by burning, boiling in oli, breaking at the wheel, drowning,

hanging, guillotine, etc.

2. Physical Torture- this was effected by mutilation, maiming, whipping, etc otherwise known as

"corporal punishment.

3. Social Degradation- effected by branding, use of ducking stool, stocks, piliory, etc. in order to put up

the offender to shame or humiliation.

4. Banishment- this is sending or putting away of an offender which was carmed out. either by

prohibition against coming into a specified territory, or prohibition against outside a specified territory

such an island to where the offender has been removed.

FIVE (5) JUSTIFICATIONS OR THEORIES OF PUNISHMENT

1) Retribution- punishment of the offender was carried out in the form of personal vengeance ie "an

eye for an eye" philosophy.

2) Expiation or atonement- this was in the form of group vengeance where punishment is exacted

publicly for the p purpose of appeasing the social group. It gives the community a sense of moral

superiority.
3) Deterrence or Exemplarity- punishment gives lesson to the offender by showing to others what

would happen to them if they violate the law.

4) Protection- by placing offenders in prison, society is protected from further criminal depredations

of criminals

5) Reformation- letting the offenders undergo intensive program of rehabilitation in prison to become

a law-abiding citizens and productive upon his return to the Community

DEVELOPMENT OF PRISONS

> Barbarous (1600) a mere form and execution of early punishment. This include offenders. being

thrown to the wild animals staked out in the sun with eyelids propped open, stoned, disemboweled,

dismembered flogged and even crucified.

> Jail was introduced as a place of confinement of persons arrested and undergoing trial in

Medieval Europe. For those convicted of minor offenses, offenders were chained to galleys to man the

ship of war.

> Transportation system of punishment were used by countries such as England. France, and Spain by

sending their convicts to penal colonies where they served as slaves until they completed the services.

> Prisons were developed gradually as substitute for transportation, exile public first degree murder.
Non-Institutional Corrections

Non-Institutional Correction (Community-based Correction) rehabilitation or correctional programs

take place within the community. This is otherwise referring to as community-based correction. In this

approach the convict will not be placed or be released from correctional facility or jails.

Rehabilitation or correctional programs take place within the community. This is otherwise referring to

as community-based correction. In this approach the convict will not be placed or be released from

correctional facility or jail.

Community-Based Correction Programs

a) Probation Is a disposition, under which an accused after conviction and sentence, is released

subject to the conditions imposed by the Court and to the supervision of a probation officer.

b) Parole A conditional release from prison of a convicted person upon service of the minimum of his

indeterminate penalty.

c) Pardon A form of executive clemency which is exercise exclusively by the Chief Executive. Pardon

may be given conditionally (conditional pardon) or unconditionally (absolute pardon). For the purpose

of Non-Institutional Correction, it is the Conditional Pardon with parole conditions is under

consideration.
Agencies of the government charged with correctional responsibility

1. Bureau of Correction (BuCor)

2. Bureau of Jail Management and Penology (BJMP)

3. Board of Pardons and Parole (BPP)

4. Parole and Probation Administration (PPA)

5. Provincial and Sub-provincial Jails

IC covers the following topics: Historical perspective of the Development of Community-Based

Corrections;

1. The Probation;

2. Parole; and

3. Other forms of non-institutional reformation.

INTRODUCTION TO COMMUNITY-BASED CORRECTIONS

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 or Recognizance. Non-institutional corrections refer to that method of

correcting sentenced offenders without having to go to prison. Advantages of community-based

corrections are:

1. Family members need not be victims also for the imprisonment of a member because the convict

can still continue to support his family, not to be far away from his children;

2. Rehabilitation will be more effective as the convict will not be exposed to hardened criminals in

prisons who will only influence him to a life of crime;

3. Rehabilitation can be monitored by the community, thus corrections can be made and be more

effective; and

4. Cost of incarceration will be eliminated which is extremely beneficial especially to a cash-strapped

government.

Simple Recall/Definition of Terms

Absconding Petitioner - Person whose application has given due course by the court but fails to report

to the probation officer of his location cannot be located.

Absconding Probationer- Person who probation is granted but failed to report for supervision within

the period order by the court of his location is unknown

Absolute Pardon - Refers to the total extinction of the criminal liability of the individual to whom it is

granted without any condition. It restores to the individual his civil and political rights and remits the

penalty imposed for the particular offense of which he was convicted.

Amnesty - It is an act of the sovereign power granting oblivion or a general pardon for a past offense,

and is rarely, if ever, exercised in favor of a single individual, and is usually exerted in behalf of certain

classes of persons, who are subject to trial but have not yet been convicted (Brown vs. Walker, 161 US

602).

Carpeta- Refers to the institutional record of an inmate which consists of his mittimus or commitment

order issued by the Court after conviction, the prosecutor's information and the decisions of the trial

court and the appellate court, if any; certificate of non- appeal, certificate of detention and other

pertinent documents of the case.

Refers to a parolee/pardonee who is placed under supervision of a Probation and Parole Officer

(Client).

Commutation of Sentence - Refers to the reduction of the duration of prison sentence of a prisoner.
Conditional Pardon - Refers to the exemption of an individual, within certain limits or conditions, from

the punishment which the law inflicts for the offense he had committed resulting in the partial

extinction of his criminal liability.

Executive Clemency - Under Section 19 Article VII of the Constitution, except in cases of impeachment

or as otherwise provided therein, the President may grant reprieves, commutations and pardons, and

remit fines and forfeitures, after conviction by final judgment. Executive clemency rests exclusively

within the sound discretion of the President, and is exercised with the objective of preventing a

miscarriage of justice or correcting a manifest injustice.

Infraction Report - Refers to the report submitted by the Probation and Parole Officer on violations

committed by a parolee/pardonee of the conditions of his release on parole or conditional pardon

while under supervision

National Prisoner - One who is sentenced to a maximum term of imprisonment of more than three (3)

years or to a fine of more than five (5) thousand pesos; or regardless of the length of sentence

imposed by the Court, to one sentenced for violation of the customs law or other laws within the

jurisdiction of the Bureau of Customs or enforceable by it, or to one sentenced to serve two (2) or

more prison sentences in the aggregate exceeding the period of three (3) years.

Non-Institutional Corrections- Refers to the use of variety of officially ordered program based

sanctions that permit convicted offender to remain in the community under supervision as an
alternative to active imprisonment.

Pardonee - Refers to a PDL who is released on conditional pardon

The conditional release of an offender from a penal or correctional institution after he has served the

minimum period of his prison sentence under the continued custody of the State and under

conditions that permit his re-incarceration if he violates a condition for his release (Parole).

Refers to the supervision/surveillance by a Probation and Parole Officer of a parolee / pardonee

(Parole Supervision).

A convicted defendant who files a formal application for probation (Petitioner).

Disposition under which a defendant after conviction and sentence, is release subject to condition

imposed by the court and to the supervision of a probation officer (Probation).

Means a person placed on probation (PD No. 968) Probationer).

Refers to the report submitted by the Probation and Parole Officer on the conduct of the

parolee/pardonee while under supervision (Progress Report).

This is the vehicle used to find out the petitioner's legal qualifications and his suitability for probation.

It is also used in establishing the diagnosis for his favorable response to the community-based and
individualized correction program (Post-Sentence Investigation/PSI).

This is the vehicle used to find out the petitioner's legal qualifications and his suitability for probation.

It is also used in establishing the diagnosis for his favorable response to the community-based and

individualized correction program (Post-Sentence Investigation/PSI).

PENOLOGY HISTORY OF THE PHILIPPINES AND THE CORRECTIONAL INSTITUTION OF THE

PHILIPPINES

(BACHELOR OF SCIENCE IN CRIMINOLGY)

BY:

KIER A. ABRAHAM
 PROFESSOR

ROMEL ARTURO INFANTE

NOVEMBER 2023