UNIT I

INTRODUCTION TO INSTITUTIONAL CORRECTIONS

Specific Objectives:
1. To value the significance of study of Corrections and its responsibility in the Criminal
Justice in the Philippines;
2. To state the important terms used in the study;
3. To describe the management functions of the correctional supervisors; and
4. To recognize the objectives of correctional supervision.

Corrections
It is a concept which describes both a wide range of diversified programs, agencies, and
institutions and an equally broad range of philosophical goals, ideals, and theory about the
nature of human’s society, crime, and the criminal offender.
It is a branch of the criminal justice system concerned with the custody, supervision and
rehabilitation of criminal offenders. It is the field of criminal justice administration which utilizes
the body of knowledge and practices of the government and the society in general involving the
processes of handling individuals who have been convicted of offenses for purposes of crime
prevention and control.

Correction Administration
It is the study of practice of systematic management concerned with the custody,
treatment, and rehabilitation of criminal offenders.

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

Penal Management
It is the manner or practice of managing or controlling places of confinement as in jails or
prisons.

MANAGEMENT FUNCTIONS OF THE CORRECTIONAL SUPERVISION The

process of correctional supervision requires that the correction supervisors at both line
management levels performs five basic management functions.

1. Planning
- Planning is generally short-term, specific problems oriented.
- It includes the 5W’s and 1H.
 2
2. Staffing
- Involves assignments of subordinates to specific work tasks or activities. -
Sometimes staffing may involve coordinating with other components to obtain
needed manpower or supplies.

3. Communicating
- Correctional supervisors have to be able to effectively communicate ideas to
peers, superiors, and subordinates.
- Communications should be clear and on level appropriate to the intended
listener.

4. Training Subordinates
- Continuous process which begins the day a new employee reports to work and
ends the day employment is terminated.
- Training is a responsibility of supervisors.

5. Delegating Authority and Responsibility to Subordinates

- Involves delegating to subordinates.

UNIT II
PUNISHMENT AND PENALTY
Specific Objectives:
∙ To trace the ancient and contemporary forms of punishment and their justifications; ∙
To state the early forms of prison discipline; and
∙ To identify the juridical conditions of penalty and its classification as to gravity.

Punishment
The redress that the state takes against an offending number of the society that usually
involves pain and suffering. It is also the penalty imposed on an offender for a crime or
wrongdoing.

Ancient Forms of Punishment

a. Death Penalty/Corporal Punishment
Affected by burning, beheading, hanging, and breaking the wheels, pillory and
other forms of medieval execution. Poisoning was emerged as an elitist form of capital
punishment. Socrates, remains one of the most famous figures to be executed in this
manner.

b. Physical Torture
Affected by maiming, mutilation, whipping and other inhuman and barbaric form
of inflicting pain.

c. Social Degradation
 3
Putting the offender into shame or humiliation.

d. Banishment or Exile- Ostracism

The sending or putting away of an offender which was carried out either by
prohibition against coming into a specified territory such as an island to where the
offender has been removed. For ten years, the person will be exiled and this is derived
from the vote of citizens.

e. Slavery
Emphasizes the idea of complete ownership and control by a master.

f. Transportation
Banishment, as of a criminal to a penal colony; deportation.

g. Mutilation
To deprive a person of a limb or other essential part.

h. Branding
A mark formerly put upon criminals with a hot iron indicating the type of crime
they had committed. (M-murder, T- thief).

i. Ducking Tools
It was a popular form of punishment often used for scolding woman. The culprit
was strapped into a chair attached to a long lever. The operator could duck the chair into
the water and thereby by submerge the culprit and crowds would often gather to watch.
Quarrelsome married couples were ducked tied back to back.

j. Flogging – Whipping
Whipping as a form of punishment can be found in the bible (Deuteronomy).

k. Pillory
A wooden framework erected on a post, with holes for securing the head and
hands, formerly used to expose an offender to public derision.

l. Stock
A former instrument of punishment consisting of framework with hole of securing
the ankles and sometimes, the writs, used to expose an offender to public derision.

Early Forms of Prison Discipline

1. Hard Labor
˗ Productive works

2. Deprivation
˗ Deprivation of everything except the essential needs of existence.

4
 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 fault of all”.

5. Mass Movement
˗ Mass living in the cellblocks, 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 of Solitary Confinement

˗ Non – communication, limited news, “the lone wolf”.

Forms of Capital Punishment

1. Gassing
A gas chamber is a means of execution whereby a poisonous gas is introduced
into a hermetically sealed chamber. When the condemned breathes this gas; death
follows, Hydrogen Cyanide or more rarely Carbon Monoxide are the typical agent.The
first person to be executed in US was a Korean national Gee Jon on February 1924 in
Nevada. The last person to be executed in the gas chamber was a German National
Walter La Grand from Arizona on March 4, 1994.

2. Electric Chair
A device commonly used for execution of convicted criminals during the 20th
century. Harlon Brown invented the first practical electric chair. William Kemmler (New
York) – first person execution via the electric chain in Auburn Prison on August 6, 1890.
Maria M. Place was the first woman to be executed in the electric chair, executed at
Sing– Sing Prison on March 20, 1890.
The case of execution via electric chair in the Philippines is effected by R.A. 7659
otherwise known as Death Penalty law, an act to impose the death penalty on a certain
heinous crime. The death penalty was abolished in the Philippines in 1987 the first Asian
country that abolished death penalty, but re-imposed in 1994 due to upsurge in heinous
crime. Jaime Jose, Basilio Pineda and Edgardo Aquino, executed on May 1972 because
of the abduction and gang rape of the young actress, Maggie Dela Riva during the

5
dictatorship of former President Ferdinand Marcos. Marcelo San Jose was executed on
October 1976.
3. Hanging
Is a form of execution of method of suicide in England the sharp drop method
was used until the 19th century until 20th century long drop was introduced, which
caused the breaking of neck. Hanging is a form of judicial execution in England date
from the Saxon period area AD 400.

4. Lethal Injection
Is a method of capital punishment, it gained popularity in the 20th as supposedly
humane for execution.
o Use intravenous administration
o The injection is intravenous and is a usually a mixture of compound, designed to
induce rapid unconsciousness followed by death through muscular paralysis of
the lungs and or by inducing; cardia depolarization.

Lethal injection in the country is affected by RA 8177 known as “Act designating

Death by Lethal Injections”. Execution by lethal injection actually started only in 1999
and seven death convicts were executed injections until 2000.

Three Chemical Compound uses in Lethal Injection

The execution of victim involves 3 separate injections.
1. Sodium Thiopental – to induce a state of unconsciousness intended to last while
the other injection takes effect.
2. Pancuronium or Tubocaranine – to stop all muscle movement except the heart.
Thus cause involuntary muscled paralysis, collapse of the diaphragm and
eventually death asphyxiation.
3. Potassium Chloride – stop the heart from beating and thus the victim death.

∙ Hitler personal Doctor Karl Brandt was the first suggest injecting a lethal dose of
poison as an execution method to disabled people.
∙ US second nation to experiment with lethal injections as means of execution on
December 7, 1982 when Charles Brooks was executed in Texas.
∙ In the Philippines, Leo Echegary, was executed on February 5, 1999, for raping his 10
years old step daughter, was sentenced death by the Quezon City Regional Trial
Court in September 1994.

5. Decapitation or Beheading
It is the removal of living beings’ head inevitably resulting to death. Maybe
accomplished through the use of an axe, sword or knife, or by means of
guillotine

6. Firing Squad

6
Is a method of capital management particularly common in times of war, a firing
 squad is a group of people usually soldiers, who are ordered to shoot at the
condemned person simultaneously. It is commonly used to execute spies. It also
used to execute war criminal after WW2 most notably by Poland and Russia.

Contemporary Forms of Punishment

1. Imprisonment
Putting the offender in prison for the purpose of protection 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 prisoner after serving part of his/her sentence in prison
for the purpose of gradually re- introduced him/her to free life under the guidance and
supervision of a parole officer.

3. Probation
A disposition whereby a defendant after conviction of an offense, the penalty of which
does not exceed six year imprisonment, is released subject to the conditions imposed
by the releasing court and under the supervision of a probation officer.

4. Fine
Paid as punishment: a sum of money that somebody is ordered to pay for
breaking a law or rule. An amount given as a compensation for a criminal act.

5. Destierro
The penalty of banishing a person from the place where he committed a crime,
prohibiting him to get near or enter the 25 kilometer perimeter.

Justification of Punishment
1. Retribution
Derive from a Latin word meaning “to pay back” in retaliation for wrongdoing,
societies seek to punish individuals who violate the rules. The punishment should be
provided by the state whose sanction is violated, to afford the society or the individual the
opportunity of imposing upon the offender suitable punishment as might be enforced.
Offender should be punished because they deserve it.

2. Expiation or Atonement
It is punishment in the form of group vengeance where the purpose is to appease
the offended public or group.

3. Deterrence
Punishment gives lesson to the offender by showing to others what would
happen to them if they violate the law.

7
a. Specific
b. General
 4. Incapacitation and Protection
The public will be protected if the offender has being held in conditioning where
he cannot harm others especially the public.

5. Reformation or Rehabilitation
It is the most valuable ideological justification for punishment, for it alone
promotes the humanizing belief in the nation that offenders can be saved and not simply
punished. It is establishment of the usefulness and responsibility of the offender.
Society’s interest can be better served by helping the prisoner to became law abiding
citizen and productive upon his return to the community by requiring him to undergo
intensive program of rehabilitation in prison. Prison attempts to rehabilitate inmates so
they will avoid future criminal behavior.

Juridical Conditions of Penalty

1. Productive of Suffering
The person is able to suffer the consequences of his action/s or violations 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 punish, no proxy.

4. Legal
The consequence must be in accordance with the law.

5. Equal
Punishment must be equal to all person.

6. Certain
No one must escape its effects.

7. Correctional
Changes the attitude of offenders and become a law abiding citizen.

Penalties as to Gravity
a. Life Imprisonment
b. Reclusion Perpetua- 20 years to 40 years imprisonment.
c. Reclusion Temporal- 12 years and 1 day to 20 years
d. Prision Mayor- 6 years and 1 day to 12 years

8
e. Prison Correctional- 6 months and 1 day to 6 years
f. Arresto Mayor- 1 month and 1 day to 6 months
g. Arresto Menor- 1 day to 30 days
h. Bond to keep the Peace- discretionary on the part of the court.
 i. Destierro

UNIT III
HISTORICAL PERSPECTIVE ON CORRECTION

Specific Objectives:
1. To appreciate the significance of the past events in the development of the study of
correction;
2. To describe the primary schools of penology;
3. To trace the early codes and the transitions of penology;
4. To recognize the early pioneers and reformist in corrections;
5. To identify the early prisons; and
6. Distinguish two prisons system.

The Primary Schools of Penology

1. Classical School
It maintains the “doctrine of psychological hedonism” or “free will”. That the
individual calculates pleasure and pain in advance of action and regulates his conduct
by the result of his calculations. Thus, this school agrees that people who commit crimes
deserves to be punished.
Advocated by Cesare Beccaria, Jeremy Bentham. Free Will (Beccaria) – a
philosophy advocating punishment severe enough for people to choose, to avoid
criminal act it includes the belief that certain criminal act warrants a certain punishment
without any variation. Hedonism (Bentham) – a belief that the people choose pleasure
and avoid pain.

2. Neo-Classical School
It maintained that while the classical doctrine is correct in general, it should be
modified in certain details. Since children and lunatics cannot calculate the differences of
pleasure from pain, they should be regarded as criminal, hence they should be free from
punishment.

3. Positivist/Italian School
The school that denied individual responsibility and reflected non-punitive
reaction to crime and criminality, it adheres that crimes, as any other act are a natural
phenomenon. Criminals are considered as sick individuals who need to be treated
programs rather than punitive action against them.
Advocated by Enrico Ferri, Rafael Garafalo, and Cesare Lombroso.

9
Early Codes
History has shown that there are three main legal systems in the world, which have been
extended to and adopted by all countries aside from those that produced them. In their
chronological order, they are the Roman law, The Mohammedan or Arabic and the Anglo
American Laws. Among the three, it was Roman law that has the most lasting and most
pervading influence. The Roman Private Law, which includes criminal law, especially has
offered the most adequate basic concept which sharply define, in concise and inconsistent,
terminology, mature rules and a complete system, logical, and firm, tempered with a high sense
of equity.

a. Babylonian and Sumerian Codes

∙ Code of King Hammurabi (Lex Taliones)- Law of Retaliation
About 1750 B.C., credited as the oldest code prescribing savage punishment,
but in fact, Sumerian codes were nearly one hundred years older. A code named
after a name of a person who firstly adopted the principle “eye for an eye and tooth
for a tooth” in the imposition of punishment.

b. Roman and Greek Codes

∙ Justinian Code
6th Century A.D., Emperor Justinian I of Rome wrote his new code of law in
A.D. 529. Evolved from the Law of the Twelve Tables, the earliest code of Roman
Law. This was an effort to match a desirable amount of punishment to all possible
crimes. However, the law did not survive due to the fall of the Roman Empire but left
a foundation of western legal codes.
The Twelve Tables (XII Tabulae), (451-450 BC) represented the earliest
codification of Roman Law incorporated in the Justinian Code. It is the foundation of
all public and private law of the Roman until the time of Justinian. It is also a
collection of legal principles engraved on metal tablets and set up on the forum.

∙ Greek Code of Draco

In Greece (a republic in south Europe) the Code of Draco, harsh code that
provides the same punishment for both citizens and the slaves as it incorporates
primitive concept (Vengeance, Blood feuds). The Greeks were in the first society to
allow any citizen to prosecute the offender in the same of the injured party.

c. The Burgundian Code

The code which specified punishment according to the social class of offenders,
dividing them into; nobles, middle class and lower class and specifying the values of the
life each person according to social status.

Early Codes (Philippines)

The Philippines is one of the many countries that came under the influence of the
Roman Law. History has shown that the Rome Empire reached its greatest extent to most
continental Europe such as Spain, Portugal, French and all of Central Europe.

10
∙ Eventually, the Spanish Civil Code became effective in the Philippines on
December 7, 1889, the “Conquistadores” and the Kodigo Penal” (Revised Penal
Code today, 1930) was Roman Law principles (Coquia, Principle of Roman Law
1996).
 ∙ Mostly tribal traditions, customs and practices influenced laws during the pre
Spanish Philippines. There were also laws that were written includes;
a. Code of Kalantiao (promulgated in 1433)
˗ The most and severe law that prescribes harsh punishment.

b. Maragtas Code (by Datu Sumakwel)

5th and 11th Century

˗ The century of dark ages.
˗ Excessive and brutal measures of social control imposed by the church.

13th Century
˗ Securing Sanctuary
˗ A criminal could avoid punishment by claiming refugee in a church for a period of 90
days at the end of which time he has compelled to leave the realm by a road or path
assigned to him.

16th Century
˗ Transportation of criminals in England was authorized. At the end of the 16th century,
Russia and other European countries followed this system. It partially relieved
overcrowding of prisons. Transportation was abandoned in 1835.

17th Century to Late 18th Century

˗ Death Penalty became prevalent as a form of punishment. Gaols or jails were common
and galleys were also used.

The Age of Enlightenment

18th Century is a century of change; it is the period of recognizing human dignity. It is
the movement of reformation, the period of introduction of certain reforms in the correctional
field by certain person.

The Pioneers of Correctional Reform

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

∙ Isaac Newton
He publish a book entitled, “Principania” (1687). He encouraged intellectuals to
investigate social and scientific phenomena methodically and objectively.

11
∙ John Locke
He wrote an “Essay Concerning Human Understanding and his Second Treatise
 on Government” (1690).

∙ Charles Montesquieu (Charles Louis Secondat- Baron De La Brode Et De

Montesquieu) (1689-1755)
A French historian and philosopher who analysed law as an expression of justice. He
believes that harsh punishment would undermine morality and that appealing to moral
sentiments as better means of preventing crime. He confronted religion and the
historical role of the church in the political arrangement of society. He published a book
entitled “Spirit of the Law” (1748).

∙ Voltaire (Francois Marie Arouet) (1694-1778)

He was the most versatile of all philosopher during this period. He believes that
fear of shame was a deterrent to crime. He fought the legality – sanctioned practice
torture.

∙ Cesare Bonesa Marquise De Beccaria (1738-1794)

He wrote an essay entitled “An Essay on Crimes and Punishment”, the most
exciting on law during this century. It presented the humanistic goal of law.

∙ Jeremy Bentham (1748-1632)

The greatest leader in the reform of English Criminal Law. He believes that whatever
punishment designed to negate whatever pleasure or gain the criminal derives from
crime the crime would go down. The one who designed the Panoptican Prison which
became as the ultimate penitentiary or inspection house. Came from the Greek word
“everything” and a “place of sight”. A prison that consist of circular building containing
multi cells around the periphery, but it was never built. Bentham’s inspiration to design
the Panoptican is traced primarily to English prison reformer John Howard.

∙ John Howard (1726-1790)

The sheriff of Bedfordshire in 1773 who devoted his life and fortune to prison
reform. After his findings on English prisons, he recommended the following: ✔
Single cells for sleeping
✔ Segregation of youth

✔ Abolition of free system

✔ Segregation of women

✔ Provision of sanitation facilities

∙ Alexander Maconochie
He is the superintendent of the penal colony at Norfolk Island in Australia (1848),
 who introduces the “Mark System”. A system in which a prisoner is required to earn a

12
number of marks based on proper department, labor and study in order to entitle him
for a ticket for leave of conditional release which is similar to parole.

∙ Manuel Montesimos
The director of Prisons in Valencia Spain (1835) who divided the number of
prisoner into companies and appointed certain prisoners as petty officers in charge,
which allowed good behaviour to prepare the convict for gradual release.

∙ Domets of France
Established an agricultural colony for delinquent boys in 1839 providing house
father as in charge of these boys. He concentrated on re-education upon their discharge;
the boys were placed under the supervision of a patron.

∙ Walter Crofton
He is the director of the Irish Prison in 1854 who introduced the Irish System that
was modified from the Maconochie’s Mark system. Which was later called Progressive
State System.

∙ Zebulon Brockway
Father of prison reform. He is the director of Elmira Reformatory in New York
(1876) who introduced certain innovational programs like the following:
✔ Training school type

✔ Education of prisoners

✔ Casework methods

✔ Extensive use of parole

✔ Indeterminate sentence

∙ Sir Evelyn John Ruggles-Brise

An English director of prisons, after visiting the Elmira Reformatory and the
Massachussetes Reformatory at Concord in 1987, he opened a specialized prison at the
small town of Borstal for male offenders between ages of 16 to 21. It was based entirely
on individualized-treatment, both in the institution and during the period of aftercare.

Early Prisons
1. Mamertime Prison
The only Roman place of confinement, which was built under the main sewer of
 Rome in 64 B.C. by Ancus Marcius
2. Bridewell Workhouse (1557)
The first most popular workhouse located in London, England, which was built for
the employment and house of English prisoners.
3. Walnut Street Jail
Originally constructed as a detention jail in Philadelphia. It was converted into a
state prison and became the first American penitentiary.
4. Dartmoor Prison

13
Once known as the House of Halfway to Hell, located in Devonshire, England,
originally constructed to house French prisoners.
5. Gaols
Jails, Pre-trial detention facilities operated by the English sheriffs in England
during the 18th century.
6. Galleys
These galleys are long, low narrow, single-decked ships propelled by sails,
usually rowed by criminals.
7. Hulks
These are abandoned or unusual warship that were converted into prisons as a
means of relieving congestion of prisoner when transportation system was abandoned.
Also known as a “Floating Hell” or “Hell Holes”.
8. Alcatraz Prison
It was operated in 1934 and was closed on March 21, 1963. It was closed
primarily because it was too costly, an operation estimated were that repairs alone would
run between $4.5 and $5 million. In 1940, it had a per capita cost of over twice of
average of all federal institution when it closed, it has 260 inmates.

Early Prison in the Philippines

The Old Bilibid Prison - established on June 25, 1865 under a Spanish Royal Degree,
then known as Carcel y Presidio Correccional. (Spanish, “Correctional Jail and Military Prison”)
occupied a rectangular piece of land which was part of the Mayhalique Estate in the heart of
Manila. Due to increasing crime, the Philippine Government enacted Commonwealth Act. No 67
and a new prison was built in Muntinlupa on 551 hectares of land at an area considered at that
time to be “remote”. Construction began in 1936. In 1941 the new facility was officially named
“The New Bilibid Prison”.

The Two Rival Prison System

1. Auburn Prison System
˗ The prison system called the “Congregate System”. Prisoners are confined in
their own cells during the night and congregate work in shops during the day.

2. Pennsylvania Prison System

˗ The prison system called “Solitary System”. Prisoners are confined in single cells
day and night where they lived, they slept, ate, and receive religious instruction.

Elmira Reformatory Movement

 ˗ The ideal prison system quickly began to take form in New York. In reaction to
the growing pessimism surrounding the penitentiary, participants at the 1870
American Prison Congress applied the ideas and practice of Sir Walter Crofton
and Alexander Maconochie.
˗ It is considered as the forerunner of modern penology because it had all the
element of a modern correctional system, among its emphasis was placed on

14
educational and trade training opportunity for parole and classification of inmates
according to conduct.

UNIT IV
CORRECTIONAL TREATMENT

Specific Objective:
1. To describe the concept of punishment, the justification, and the limitations of its
application and enumerate the rights of Prisoners.

Basis of Prisoners Treatment Rights

Prisoner’s rights come from the U.S. Constitution, state constitutions, and institutional
policies. The courts interpret the constitution and decide issues that become case law. In
presenting these case laws, focus is place almost totally on federal decisions.

Criteria for Civil Commitment

Two legal principles exist that justify states incarcerating or imprisoning individuals in an
institution. They are:
1. Police Power
∙ It refers to the right of the state to protect itself both physically and morally. A
state’s police power provides the basis for all criminal laws.

2. Principle of Parens Patriae

∙ This principle gives the state the right to act as guardian of all persons who are
incompetent, such as persons with several mental illness, persons who are
severely developmentally disabled, and children.

Legal Issues in Correctional Treatment in the Philippines

Philippine Constitution
The state values the dignity of every human person and guarantees full respect for
human right (Sec. 11, Art II).
No person shall be detained solely by reason of his political belief and aspirations. No
involuntary servitude in any form shall exist as a punishment for a crime whereof the part shall
have been fully convicted (Sec. 18, Art III)
 Excessive fines shall not be imposed, nor cruel, degrading or inhumane punishment
inflicted (Sec. 19, Art III).
The employment of physical, psychological or degrading punishment against any
prisoner or the use of substandard or inadequate penal facilities under subhuman conditions
shall be dealt with by law.

Involuntary Servitude

15
Denotes a condition of enforced, compulsory service of one to another. It has been
applied to any service or labor which is not free, no matter under what for such service may
have been rendered. It includes:
1. Slavery or the state of entire subjection of one person to the will of another; and 2.
Peonage of the voluntary submission of a person (peon) to the will of another because of his
debt.

Purpose and basis of prohibition

The purpose is to maintain a system of completely free and voluntary labor by
prohibiting the control by which the personal service of one is disposed of or coerced for
another’s benefit which is the essence of involuntary servitude. Human dignity is not a
merchandise appropriate for commercial barters or business bargains. Fundamental
freedom are beyond the province of commerce or any other business enterprise.

Rights against cruel, degrading or inhumane punishments

1. Form of punishment- It can be said that punishment are cruel and/or inhumane when they
involve torture or lingering to death such as burning alive, mutilation, starvation,
drowning, and other barbarous punishment. Punishment is degrading when it brings
shame and humiliation to the victim, or exposes him to contempt or ridicule, or lowers his
dignity and self-respect as a human being.

2. Quality of duration of punishment- But all punishments greatly disproportionate to the

nature of the offense as to be shocking to the human conscience would be both cruel
and inhuman. Thus, the penalty of life imprisonment or even death is not cruel nor
inhuman when imposed for treason, parricide, murder and other heinous offenses
especially when aggravating circumstances attended their commission; but it is cruel
and inhuman if imposed for petty crimes like slander or theft of small value.

Imposition of the Death Penalty

Section 19 abolishes death penalty. It shall not be inflicted unless congress decides to
reinstate it “for compelling reasons, involving heinous crimes” in which case it shall be applied
only to such crimes subsequently committed.
1. Arguments against death penalty- The proponents of the abolition of the death penalty
are of the opinion that:
∙ It is cruel and inhuman;

∙ It has never shown to have a special deterrent effect on criminality;

 ∙ It deprives the convict of a chance of rehabilitation and reformation, death being
irreversible;
∙ There is always a possibility of error in condemning a person to death; and ∙ The
state has no right to deprive a person of his life; God is the giver of life and only
He can take it.

2. Arguments in favor of Death Penalty- Those who advocate the retention of death penalty
say:

16
∙ It is not a cruel and inhuman because the manner by which it is executed (by
electrocution) does not involve physical or mental pain nor unnecessary physical
or mental suffering, and it is imposed only for heinous crimes;
∙ It does not discourage others from committing heinous crimes and its abolition
will increase the crime rate;
∙ A convict by his own acts has forfeited his right to life and shown his moral
incapacity to be rehabilitated and reformed.
∙ Its imposition is filed with numerous legal safe-guards; and

∙ The state has absolute right to take the life of a person who has proved himself
as great menace to society by way of self-defense and as an example and
warning to others.

UNIT V
TREATMENT THEORIES

Specific Objectives:
1. To understand the theories concerning the treatment of criminals and various moder=ls
that can be adopted; and
2. To state the approaches in dealing with criminals.

The Basic Theoretical Models for the Treatment in Parole and

Probation 1. Social Casework
˗ Conducted by parole and probation officers to determine the historical
background of the person.

2. Reality Therapy
˗ It involves confronting the practical problem of the person.

3. Behavior/Learning Theory
˗ To determine the psychological aspects of the person to know what best
treatment are applicable to them.
Models of Criminal Treatment
a. Control Model
Which emphasizes prisoner’s obedience to worked, education, and any
recreational programs.

b. Responsibility Model
Proper classification of inmates, according to this model, permits placing
prisoners in the least restrictive prison. Prisoners should be given significant degree of
freedom and the hold to account for their actions.

c. Custodial Model

17
It emphasize maintenance and security and through the subordination of the
prisoners. Discipline is strictly applied and most aspect of behavior is regulated.

d. Rehabilitation Model
Security and house-keeping activities are viewed primarily as framework for
rehabilitative effects.

e. Reintegration Model
It is linked to the structures and goals of community corrections.

Approaches in Dealing with Criminals

1. Null Strategy
Says nothing should be done, that prisoners should be allowed to become
increasingly congested and staff remain to maintain them with the assumption that
problems is temporary and will disappear in time.

2. Selective Incapacitation
It shows that the incarceration of some career criminals has a payoff in the prevention
of multiple serious offenses. Urge that expensive and limited prison space with the
necessary number of staff to maintain them should be used more – effectively by
targeting the individuals whose incarceration will do the most to reduce crime.

3. Population- Reduction Strategy

Incorporates from front and back door strategies.
a. Front Door Strategies
o Divert offenders to non-incarceration sanctions, among them, community
service, restitution, fines and probation.
b. Back Door Strategies
o Such as detention, parole, work release and good behavior are devised to
get offenders out of the prison before the end of their terms in order to
free space for new comers.

4. Construction Strategy
The approach comes to the mind when legislators and correctional officials
 confront the problem of a prison. The building of new facilities to meet the demands for
prison space for an advantageous prison management.

5. Population-Sensitive Flow Control Strategy

Urges the sentencing be linked to the availability of prison space and
management staff, that policies be developed allowing the release of prisoners when
prison facilities become crowded and staff are greatly outnumbered to manage prisoners
and that each court be allotted a certain amount of prison space and staff member so
that judges and prosecutors make certain decisions accordingly. This strategy depends
on the political will to release prisoners in the face of public protest.

18
UNIT VI
PRISON, JAIL AND PRISONERS

Specific Objectives:
1. To distinguish prisons from jails in the Philippines and discuss the role of these
institutions in treating criminal offenders; and
2. To state the general classification of prisoners.

Prison
Penitentiary, an institution for the imprisonment (incarceration) of person convicted of
major/serious crimes. A building, usually with cells, or other places established for the purpose
of taking safe custody or confinement of criminals. A place of confinement for those charged
with or convicted of offenses against the law of the land.

Jail
Jail is an institution for the confinement of persons who are awaiting final disposition of
their criminal cases and also for the service of those convicted and punished with shorter
sentences, usually up to three years. It is a place for locking up of persons who are convicted of
minor offenses.

Prison distinguished from Jail

As to term of Penalty- in Jail, 3 years and below; in Prison, more than 3 years.
As to Inmates- in Jail, convicted or pending trial; in Prison all convicted.
As to administration- in Jails, as far as Provincial Jail is concerned, it is under the
administrator of the provincial government; in case of Municipal and City District Jail, it is under
the supervision of the Bureau of Jail Management and Penology; in case of prison it is under the
Bureau of Correction.
As to head of the institution- Jail, it is headed by a Warden; Prison and Colony and
Penal Farm, headed by the Superintendent.
NOTE: the population of jail and prison including penal farms and penal colonies except the
personnel are called inmates, prisoners with exception of jails whose inmates are undergoing
trial of their cases are also called detainees.

General Classification of Prisoners

1. Detention Prisoners
 Inmate who is undergoing investigation/trial or awaiting final judgment.

2. Sentenced Prisoners
Offender who are committed to the jail or prison in order to serve their sentence
after final conviction by a competent court.

3. Prisoners who are on Safekeeping

19
Includes non-criminal offenders who are detained in order to protect the
community against their harmful behavior.

Classification of Sentenced Prisoners

1. Insular or National Prisoners
Those sentenced to suffer a term of 3 years and 1 day to Reclusion Perpetua or
Life Imprisonment. Those sentenced to suffer a term of imprisonment of 3 years and
1day to life imprisonment but appealed the judgment and unable to file a bond for their
temporary liberty.

2. Provincial Prisoners
Those sentence to suffer a term of imprisonment from 6 months and 1 day to 3
years or fine not more than 1, 000 pesos or both; those detained therein waiting for
preliminary investigation of their cases cognizable by the RTC.

3. City Prisoners
Those sentence to suffer a term of imprisonment from 1 day to 3 years or a fine
not more than 1,000 pesos or both. Those detained therein whose cases are filed with
the MTC.

4. Municipal Prisoners
Those confined in municipal jails to serve an imprisonment from 1 day to 6
months. Those detained therein whose trial of their cases are pending with the
MTC.

Classification of Prisoners According to Degree of Security

1. Super Maximum Security Prisoners
˗ Special group of prisoners composed of incorrigible, intractable, and highly
dangerous persons.

2. Maximum Security Prisoners

˗ Could be dangerous to the public or to the security of the state.
˗ Movements are restricted and they are allowed to work the institution but rather
assigned to industrial shops with the prison in the compound.
˗ They are confined at the maximum security prison at (NBP Main building). ˗
They wear orange color of uniform or tangerine.
˗ Prisoners include those sentenced to serve 20 years or more. Whose sentenced
are under the review of the Supreme Court.
 3. Medium Security Prisoners
˗ Who cannot be trusted in open condition and possess lesser danger than the
maximum.
˗ Maybe allowed to work outside the fence or walls of the penal institution, but
under guards or escorts.
˗ They occupy the Medium Security prison (Camp Sampaguita).

20
˗ It includes prisoners whose minimum sentenced is less than 20 years and life
sentenced prisoners who serve at least 10 years inside the maximum security
prison.
˗ They wear blue color of uniform.

4. Minimum Security Prisoners

˗ Who can be reasonably trusted to serve sentence under open conditions without
the presence of guard.
˗ They occupy the Minimum Security prison (Camp Bukang Liwayway). ˗
Brown color uniforms.

UNIT VII
PHILIPPINE PENAL SYSTEM IN PRISON

Specific Objectives:
1. To trace the early prisons in the Philippines;
2. To elucidate the organizational set up of the Bureau of Corrections and discuss the
functions, duties, and responsibilities of prison personnel in the treatment of confined
prisoner or inmate;
3. To recognize the composition and function of DRD in correctional institutions;
4. To identify procedures on admission of inmates in prisons; and
5. To classify the forms of correctional treatment programs adopted in the Philippines,
elucidate the treatment programs available in the prisons, and explain the relevance of
these programs to the individual prisoner.

Introduction
The Philippines is one of the many countries that were under the influence of the Roman
law. Eventually, the Spanish Civil Code became effective in the Philippines on December 7,
1889, the “Conquistadores” the “Kodigo Penal” (now Revised Penal Code) was also introduced
promulgated by the king of Spain. Basically, these laws adopted the Roman law principles.
Mostly tribal traditions, customs and practices influences laws during the Pre-Spanish
Philippines. There were also laws that were written which includes the Code of Kalantiao
(1433), the most extensive and severe law that prescribes harsh punishment, and the Maragtas
Code (1250) by Datu Sumakwel.
During the pre-colonial times, the informal prison system was community-based, as
there were no national penitentiaries to speak of. Natives who defied or violated the local laws
were meted appropriate penalties by the local chieftains. Incarceration in the community was
only meant to prevent the culprit from further harming the local residents.
Early Prisons in the Philippines

Old Bilibid Prison

21
It is located at Oroquieta Street, Manila, occupying a rectangular piece of land which
was part formerly of the Mayhalique Estate in the heart of Manila. It was established in 1847
pursuant to Section 1708 of the Revised Administrative Code and formally opened by Spanish
Royal Decree on June 25, 1865. It was designed to house the prison population of the country.
The Carcel was designed to house 600 prisoners who were segregated according to class, sex
and crime while the Presidio could accommodate 527 prisoners. This prison became known as
the “Carcel y Presidio Correccional” (Correctional Jail and Military Prison) and could
accommodate 1,127 prisoners.

Bureau of Prison
It was created under the Act No. 1407, dated November 1, 1905 (Reorganization Act of
1905) as an agency under the Department of Public Instruction. Executive Order No. 292, the
“Administrative Code of 1987, changed the agency's name from Bureau of Prisons to Bureau of
Corrections.

PENAL COLONIES

a. NEW BILIBID PRISON

Accordingly, Commonwealth Act No. 67 was enacted, appropriating one million (P1,
000.000.00) pesos for the construction of a new national prison in the southern suburb of
Muntinlupa, Rizal in 1935. On November 15, 1940, all inmates of the Old Bilibid Prison in
Manila were transferred to the new site. The new institution had a capacity of 3,000
prisoners. January 22, 1941. Old Bilibid Prison was officially renamed the New Bilibid
Prison.
1. New Bilibid Prison (Main Building)
2. Camp Sampaguita
3. Bukang Liwayway

b. CORRECTIONAL INSTITUTION FOR WOMEN (CIW)

Located in Mandaluyong and was created under Act No. 3579 to provide separate
facilities for women offenders. On February 14, 1931, the women prisoners were transferred
from the Old Bilibid Prison to the building especially constructed for them. Its old name,
“Women’s Prison, was changed to “Correctional Institution for Women.”

c. SABLAYAN PRISON AND PENAL FARM

Located in San Jose, Occidental Mindoro. It was established on September 26, 1954
by virtue of Presidential Proclamation No. 72. It has an approximate total land area of
16,190 hectares and it is one of the prisons nearer to Metro Manila

d. IWAHIG PENAL COLONY AND FARM

Formerlly known as IUHIT. It is located in Puerto Princesa City, Palawan. Iwahig is
subdivided into four zones or districts:
 ∙ Central sub-colony with an area of 14,700 hectares;

∙ Sta. Lucia with 9,685 hectares;

22
∙ Montible with 8,000 hectares and

∙ Inagawan with 13,000 hectares.

e. DAVAO PENAL COLONY AND FARM

Located in Davao Del Norte, Davao. It was formally established on January 21, 1932 by
virtue of Act No. 3732. It has an approximate total land area of 30,000. The Davao Penal
Colony is the first penal settlement founded and organized under Filipino administration.

f. SAN RAMON PENAL COLONY AND FARM

Located in Zamboanga City. It was established on August 21, 1870 through a royal
decree promulgated in 1869. It was established during the tenure of Governor General
Ramon Blanco (whose patron saint the prison was named after. The facility was originally
established for persons convicted of political crimes. It is considered the oldest penal facility
in the country, prisoners in San Ramon were required to do agricultural work.

g. LEYTE REGIONAL PRISON

Located in Abuyog, Southern Leyte. It was established on January 16, 1973, a year
after the declaration of martial law in 1972 by virtue of Presidential Decree No. 28. The LRP
has an inmate capacity of 500.

BUREAU OF CORRECTION
Bureau of Prison was renamed Bureau of Correction under Executive Order 292. The
Administrative Code of 1987 passed during the Aquino Administration. This law that governs the
operation of Bureau of Correction. It states that the head of the Bureau of Correction is the
Director of prisons who is appointed by the President of the Philippines with the confirmation of
the commission of Appointment.
The Bureau of Correction has general supervision and control of all national prisons or
penitentiaries. It is charged with the safekeeping of all insular prisoners confined therein or
committed to the custody of the problem.

Functions:
1. Safekeeping of prisoners convicted by courts three (3) years and one (1) day and above
to serve sentence in prison
2. Prevent prisoners from committing crimes.
3. Provide inmates basic needs.
4. Ensure rehabilitation programs are made available to the inmates for their physical,
intellectual and spiritual development.
5. Develop livelihood programs to assist inmates earn a living and develop their skills while
in prison.
 On May 24, 2013, PRISIDENT BENIGNO SIMEON C. AQUINO III signed into law the
REPUBLIC ACT NO. 10575 otherwise known as THE BUREAU OF CORRECTIONS ACT of
2013, which provides for the modernization, professionalization and restructuring of the
bureau. Organizational structure (Assignment)

23
ASSESSMENT REHABILITATION PROGRAM DEVELOPMENT AND MONITORING
DIVISION
ARPDMD is tasked to ADMIT, SAFEKEEP, SECURE, ASSESS, CLASSIFY, RECOMMEND
and MONITOR REHABILITATION PROGRAMS of prisoners convicted by final judgment by
the competent court and/ authorities to serve sentence at the national penitentiary.

Composition
• Psychiatrist- examine prisoners mental and emotional make-up
• Psychologist- responsible for the character and behavior of the prisoner •
Sociologist- study social case situation of the individual prisoner
• Educational Counselor- conduct orientation classes in order to change inmate attitudes
toward education and recommends educational program for the prisoner. • Vocational
Counselor- test prisoners’ special abilities and skills
• Chaplain- encouraged the prisoners to participate in religious activities and to bring their
life close to God.
• Medical Officer- conduct physical examination and recommends medical treatment of
prisoner.
• Custodial-Correctional Officer- recommends the transfer and type of custody inmates.

The Reception and Diagnostic Center (RDC)-Now (Directorate for Reception and
Diagnostic)
˗ This is a special unit of prison camp (Camp Sampaguita) where there new prisoners
undergo diagnostic examination, study and observation for the purpose of determining
the programs of treatment and training best to their needs and the institution to which
they should be transferred.

Functions:
▪ To examine each offender for contagious disease and treat and immunize them
against such disease.
▪ To conduct an orientation program and provide inmates with expiratory
vocational experience in order to deep them profitably occupied.
▪ To collect and study the social history of each offenders.

▪ Administer achievement, personality and intelligent test to determine his

capabilities and potentialities.
▪ To evaluate his emotional make-up by means of psychiatric interview and
observations.
▪ To hold periodic classification meetings to review each individuals case and final
 decisions.
▪ To make recommendation for the treatment, custody and transfer to a suitable
institution.
▪ To conduct follow-up work to insure that the recommendation are carried out,
and

24
▪ To conduct research studies which will contribute to a better understanding of the
causes of crime, prevention of delinquency and the rehabilitation of offenders.

Definition of Terms

Mittimus Order
A warrant issued by a court bearing its seal and the signature of the judge, directing the
prison authorities to receive inmates for the service of sentence.

Commitment Order
a written order of the court, or any other agency authorized by law to issue, entrusting an
inmate to a jail for the purpose of safekeeping during the pendency of his/her case.

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.
Otherwise known as “inmate record or jacket”, contains the personal and criminal
records of inmates, documents related to his/her incarceration such as but not limited to:
commitment order, subpoenas, personal identification, orders from the court, and all other
papers necessarily connected with the detention of an inmate.

Prison Record
refers to information concerning an inmate’s personal circumstances, the offense he
committed, the sentence imposed, the criminal case number in the trial and appellate courts, the
date he commenced serving his sentence, the date he was received for confinement, the place
of confinement, the date of expiration of the sentence, the number of previous convictions, if
any, and his behavior or conduct while in prison.

Penal Superintendent
Refers to the Officer-In-Charge of the New Bilibid Prison, the Correctional Institution for
Women and the prison and penal farms of the Bureau of Corrections.

Transfer
The delivery, notwithstanding his/her or their appeal, of an inmate or inmates sentenced
to more than three (3) year imprisonment, from any BJMP manned jail to any of the Bureau of
Corrections (BuCor).

Person Deprived of Liberty (PDL)

Refers to a detainee, inmate, or prisoner, or other person under confinement or custody in any
other manner. However, in order to prevent labeling, branding or shaming by the use of these
or other derogatory words, the term “prisoner” has been replaced by this new and neutral
phrase “person deprived of liberty” under Article 10, of International Covenant on Civil and

25
Political Rights (ICCPR), who “shall be treated with humanity and with respect for the inherent
dignity of the human person.”

Core/Operational Process

1. ADMISSION & SAFEKEEPING/SECURITY SERVICE

a. Receiving
The new prisoner is received at the RDC. The new prisoner usually from provincial or
city jail where he was immediately committed upon conviction by the court, and
escorted by the escort platoon during his transfer to the National Bilibid Prison.

Receives national inmates committed by competent courts and authorities, upon

presentation of complete pertinent documents such as:
• Mittimus/Commitment Order
• Information and Court Decision in the case
• Certification of Detention
• Certification that the case is not on appeal
• Certificate of no pending case

b. Documentation/Identification
The prisoners’ identity is established though the picture and fingerprint appearing
in the commitment order. This is to ensure that the person being committed is the same
as the person being named in the commitment order.

c. Searching
This steps involves the frisking of the prisoner and searching his personal things.
Weapon and other items classified as contraband are confiscated and deposited to the
property custodian. Other properties are deposited with the trust fund officer under
recording and receipts.

d. Quarantine
This may be a unit of the prison or a section of the ARPDMD where the prisoner
is given thorough physical examination including blood test, x-ray, vaccination and
immunity. This is for the purpose of insuring that the prisoner is not suffering from any
contagious disease, which might be transferred to the prison population.

e. Briefing and Orientation

The prisoner will be briefed and oriented on the rules and regulations of the
 prison before he will be assigned to the DRD of the quarantine unit.

Orientation Procedures
˗ Giving prisoners booklet of rules and regulations explaining the rules to them. ˗
Conducting group meeting of the center to explain to the inmates the available
treatment programs and purpose of these treatment programs.

26
˗ Holding sessions with the members of the centers’ Staff to explain what the
inmates should do in order to profit most from their experiences.

2. DIAGNOSTIC/EVALUATION
Newly committed inmates were interviewed, given tests and examination by different
sections to determine their level of aptitude, IQ, EQ, skills, socio-psycho profile, physical and
mental status to prepare them for adjustment to prison life.
Diagnostic procedures performed by different diagnostic sections in the ARPDMD, are as
follows:
• Medical Section- Performs a through medical history interview, neurological and mental
status examinations.
Medical Officer- conduct physical examination and recommends medical treatment of
prisoner.

• Educational and Vocational Section- conducts interview, prepares and submits

periodic reports on the educational profiles and work habit, history, interest, skills and
training needs of newly admitted inmates.
Educational Counselor- conduct orientation classes in order to change inmate attitudes
toward education and recommends educational program for the prisoner. Vocational
Counselor- test prisoners’ special abilities and skills

• Psychological Section- conducts interview and administer battery of psychological

exams. Test the newly admitted inmates in the ARPDMD and interprets, evaluates and
submits psychological reports consisting of intelligence quotients (IQ), aptitude and
personality life.
Psychiatrist- examine prisoners mental and emotional make-up
Psychologist- responsible for the character and behavior of the prisoner

• Sociological Section- conducts interview and prepares the social case history of the
inmate’s version of his case for newly admitted inmates in the ARPDMD. Sociologist-
study social case situation of the individual prisoner

• Case Coordination Section- monitors and coordinates with various diagnostic sections
of ARPDMD on the submission of respective reports and prepares the case
management record of newly admitted 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 thorough physical examination including blood test, x-ray, vaccination and
 immunity. This is for the purpose of insuring that the prisoner is not suffering from any
contagious disease, which might be transferred to the prison population.

3. CLASSIFICATION/ASSESSMENT SERVICES

27
The of all diagnostic results and evaluations are collated, prepared and generally assessed to
generate the individual case management record which provide reference for the
Treatment/Rehabilitation Programs and Plans designed for each inmates rehabilitation plans of
inmates during initial classification board. At the prescribed diagnostic period, inmates are
classified according to the following security status: maximum, medium and minimum.

Composition of Classification Board

• Chairman – Assistant Superintendent
• Vice-Chairman – Chief, ARPDMD
• Members:
✔ Medical Officer

✔ Security Officer

✔ Chaplain

✔ Guidance Counselor

✔ Chief Education Section

✔ Chief, Agro – Industries

✔ Any officer whose membership is deemed necessary by the Superintendent

✔ Secretary – Chief Overseer

4. TRANSFER
• Transfer Order Documentation
• Transfer to Assigned Camps

Upon the Director General approval of the minutes of classification meeting, the Chief
Overseer of the ARPDMD prepares Correction Order (transfer order) for the approval of the
Chief ARPDMD. Inmates for transfer are classified as to security staus and transferred to BuCor
Operating facilities (Maximum and Medium Security Camps), where an inmate will serve his
sentence and comply with the program designed and/or recommended for him.

5. MONITORING-Rehabilitation Program Monitoring Process

Inmates are periodically interviewed using the prescribed assessment form by the
monitoring staff who consolidates and collates the information and submits to the Chief
Monitoring and evaluation unit.
 REHABILITATION PROGRAMS

Treatment Programs
The Philippine Prison System adopted two approaches in treating criminal offenders.
These are the institution – based programs and the Community – based treatment programs.
These aimed toward the improvement of offender’s attitude and philosophy of life, the main
being the ultimate rehabilitation of offenders by changing inmate’s attitude.

A. The Institutional Treatment Program

28
The confinement of criminal offenders inside the jail and prison to serve their
sentence by the court were institutional programs are applied to reform and rehabilitate
criminals for better individuality.

1. Prison Education
˗ The corner stone of rehabilitation. It is the process or result of formal training
school or classrooms intended to shape the mind and attitude of prisoners
towards good upon their release.
˗ The first recognition of education to prison was in 1847, New York Reformatory.

Classes of Prison Education:

o General and Academic Education- to eradicate illiteracy among
prisoners.
o Vocational Education- Institutional maintenance works and industrial
projects.
˗ To provide prisoners necessary skill after their release.
˗ Courses may include: Radio Mechanics, Auto Mechanics,
Horticulture, Shoemaking, Tailoring, Carpentry, Electronics, etc.
o Physical Education- designed for those who have physical abilities.

2. Work Programs
˗ These are programs conducive to change behavior in morale by training
prisoners for a useful occupation.

Classification of Prison Work Programs:

o Educational Assignments- prisoners’ maybe assigned to either general
education, vocational or physical education.
o Maintenance Assignment- this assignment involves labor related to care
and up keeping of the institution properties.
o Agricultural and Industrial Assignments
o Unassignable- prisoners who nearly to leave the institution, awaiting
transfer, those in disciplinary status, and those who are chronologically ill
with mental disabilities.
3. Religious Service
˗ To inculcate religious values or belief.
Functions of the Chaplain:
o Conduct communion and confession of inmates
o Conduct religious ministry
o Conduct private and personal counselling in the form of inmate
interview
o Other chaplaincy service
Administrative Functions of the Chaplain:
o Member of the RDC staff

29
o Member of the Classification Committee
o Render evaluation

4. Recreational Program
˗ The only program that is conducted during free time schedule.
Objectives:
o Mental and physical development
o Awareness of their individual conditions and provide method of
improvement
o Development of cooperative competitions
o Arouse the interest of the prisoners in recreational programs.
Activities: - may include the following:
o Athletic/sports
o Music and arts
o Special activities on special events, etc.

5. Medical and Health Services

a. Mental and physical examination
b. Diagnosis and treatment
c. Immunization
d. Sanitary inspections
e. Participation in training

6. Counselling and Casework

Objectives of counselling:
o Immediate solution of specific personal problem
o Help inmates to increase self- understanding
Objectives of casework
o To obtain clear description of social history
o Solving immediate problems involving family problems or other personal
relationship
o Assist inmates towards acceptable solutions
o Support inmates who are nearly release by giving them guidance or
 information
o Professional assistance to offenders on probation or parole.

B. The Community – Based Treatment Program

The community – based treatment programs are those programs that are
intended to treat criminal offenders with in the free community as alternative to
confinement. It includes all correctional activities directly addressed to the offender and
aimed at helping him to become a law-abiding citizen.
1. Parole
2. Probation

30
UNIT VIII
PHILIPPINE PENALSYSTEM IN JAILS

Specific Objectives:
1. To trace the history of jails and identify its types;
2. To elucidate the organizational set up of the Bureau of Jail Management and Penology
and discuss the powers, functions, and organization and the rank classification of its
personnel;
3. To state the duties and responsibilities of jail personnel in the treatment of inmates;
4. To identify the procedures on reception and admission of inmates;
5. To state the role of classification and disciplinary boards in jails, identify the punishable
acts of inmates and the disciplinary actions given to them; and
6. To identify the rehabilitation programs adopted in the Philippine jails.

Introduction
Jails are important element in our nation’s correctional system, serving as the most
commonly used type of confinement. In 1166, King Henry II of England ordered every sheriff to
establish a gaol, pronounced “jail” in his shire for the purpose of sewing offenders until they
could be bought before the King’s court.
Furthermore, jailers were often unsalaried, earning a living by collecting fees from those
they kept incarcerated. In 1577 in England, Workhouses and Bridewells also evolved during this
time, providing additional profit to greedy jailers who “hired out” their prisoner to a local
merchants.

Types of Jails
1. Lock-Up Jail
Is a security facility, common to police stations, used for temporary confinement of
an individual held for investigation.

2. Ordinary Jail
Is the type of jail commonly used to detain a convicted criminal offender to serve a
sentence not more than 3 years.

3. Workhouses, Jail Farm or Camp

 A facility that houses minimum custody offenders who are serving short
sentences. It provide full employment of prisoners, remedial services and constructive
leisure time activities.

Classification of Jails
1. City Jail
2. Municipal Jail
3. Provincial Jail

31
BUREAU OF JAIL MANAGEMENT AND PENOLOGY
The BJMP exercise supervision and control over all cites and municipal jails throughout
the country. The enactment of Republic Act No. 6975 created the BJMP. It operates as a line
bureau under the Department of the Interior and Local Government (DILG)
Republic Act No. 9263 is an act for the professionalization of the Bureau of Fire
Protection and Bureau of Jail Management and Penology (BJMP), amending certain provisions
of the Republic Act No. 6975, providing funds therefore and for other purposes. “This Act shall
be known as the Bureau of Fire Protection and Bureau of Jail Management and Penology
Professionalization Act of 2004”.

Powers
The bureau shall exercise supervision and control over all district, city and municipal
jails to ensure a secured, clean, sanitary and adequately equipped jail for the custody and
safekeeping of city and municipal prisoners, any fugitives from justice or person detained
awaiting investigation or trial and or transfer to the National Penitentiary, and any violent or
mentally ill person who endangers himself or the safety of others.

Functions
In line its mission the Bureau endeavors to perform the following;
✔ Formulate policies and guidelines on the administration of all district, city and municipal
jails nationwide.
✔ Formulate and implement policies for the program of correction, rehabilitation and
treatment of offenders.
✔ Plan the program funds for the subsistence allowance of offenders;

✔ Conduct researches, develop and implement plans and programs for the improvement of
jail services throughout the country.

Organization and key position in the BJMP

It shall be respectively headed by a Chief who shall be assisted by two deputy chief,
one for administration and one for operations, all of whom shall be appointed by the President
upon the recommendation of the Secretary of the DILG from among the qualified officers with at
least the rank of senior superintendent in the service. Provided, that in no case shall any officer
who has retired or is restorable within 6 months from his/her compulsory retirement age be;
provided however, that in times of war or other natural emergency declared by the congress, the
president may extend such tour of duty.

Composition of the National Headquarters

1. Command Group
a. Chief, BJMP
b. Deputy Chief for Administration and Deputy Chief for Operation
c. Chief of the Directorial Staff

2. Directorates
a. Directorate for Human Resource and Records Management

32
b. Directorate for Operation
c. Directorate for Logistics
d. Directorate for Comptrollership
e. Directorate for Program Development
f. Directorate for Intelligence, Investigation and Inspectorate

3. Management Support Staffs

a. Office of Legal Service
b. Office of General Service
c. Office of Accounting Service
d. Office of Finance Service
e. Office of Supply Accountable Officer
f. Office of Internal Audit Service
g. Office of Chaplaincy Service
h. Office of Media Affairs and Community Affairs Service
i. Office of Information and Communication Technology Service
j. Office of Health Service

Regional Office
The BJMP operates and maintain Regional Offices in each of the Administrative regions
of the country, headed by a Regional Director for Jail Management and Penology, assisted by
Assistant Regional Directors for Administration and for Operation, and Regional Chief of the
Directorial Staff.

Provincial Level
There shall be designated Provincial Jail Administrator to perform the same functions
as the Assistant Regional Director for province.

District Office
In the Provincial level, where there are large cities and municipalities, a District Jail with
subordinate’s jail, headed by District Warden may be established as necessary.

City Municipal Office

In the City and Municipal level, a city or municipal warden shall each jail.
Rank Classification of the BJMP
Rank Position/Title Appointing Authority
Director Chief of BJMP President by the recommendation of DILG Sec. C/Supt. Deputy
Chief/BJMP President by the recommendation of DILG Sec. Administration
Operations
Directorial Staff
Senior Supt. Regional Director DILG Sec. with recommendation of the C/BJMP Supt. Asst.
Regional Director C/BJMP with rec. of immediate superior

33
Administration
Operations
Directorial Staff
District Jail Warden
Provincial Jail Admin.
Chief Insp. City Jail Warden
Senior Ins. Municipal Jail Warden
Ins. Warden
SJO 4- JO1 Jail Guards Regional Director for the Regional Personnel and Chief of the BJMP
for the National HQ attested by
the CSC

Duties and Responsibilities

A. Warden
˗ Responsible for the direction, coordination, and control of the jail
˗ Security, safety, discipline and well-being of inmates

The office of the Warden may organize the following units:

1. Intelligence and Investigation Team
˗ It gather, collects and submits intelligence information to the office of
the warden on matter regarding the jail condition.

2. Jail Inspectorate Section

˗ Inspect jail facilities, personnel, and prisoners and submit reports to
the warden.

3. Public Relation Office

˗ Maintain public relation to obtain necessary and adequate public
support.

B. Assistant Warden
˗ Undertake the development of a systematic process of treatment.
˗ Chairman of the Classification Board and Disciplinary Board.

C. Administrative Groups
 ˗ Groups that take charge of all administrative function of the jail bureau.
1. Personnel Management Branch
∙ Assignment of personnel

∙ Procedure of selection

∙ Preparation of personnel report

∙ Individual record file

2. Record and Statistic Branch

34
∙ Keep and maintaining books 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 equipment and supplies

4. Budget and Finance Branch

˗ Take charge of all financial matters.

5. Mess Service Branch

˗ Take charge of the preparation of the daily menu, prepares and
cook.

6. General Service Branch

˗ Responsible for the maintenance and repair of jail facilities.

7. Mittimus Computing Branch

˗ Responsible to receive court decisions and compute the date of
the full completion of the service of sentence imposed therein or
for detention.

D. Security Group
˗ It provides system of sound custody, security and control of inmates and their
movements and also responsible to enforce a prison or jail discipline.

1. Escort Platoon
a. Escort Section- to escort inmate upon order of any judicial body; upon
summon of a court; or transfer to other penal institutions.

b. Subpoena Section- receives and distribute court summons, notices,

 subpoena, etc.

2. Security Platoon
˗ A three working platoon shifts responsible for over-all security of the jail
compound including gates, guard posts and towers. They are also
responsible for the admitting and releasing unit.

Reception Procedures, Classification Board, Disciplinary Board and Punishable Acts of

Inmates

A well-planned and orderly reception of inmate has direct bearing good jail management. A
decent and humane program should start with the commitment of the inmate

35
since it will give him first impression of the correctional process and will greatly affect his
behavior while in the confinement and after his release.

Reception Procedures
The following procedures should be observe:
a. The Jail Desk Officer shall carefully check the credentials of the person(s) bringing in the
inmates 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:
1. Commitment Order;
2. Medical Certificate – recent medical certificate taken within 24 hours prior to
admission;
3. Complaint/Information;
4. Police Booking Sheet; and
5. Certificate of Detention from PNP and/or NBI.
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 Sec.3 Rule XIII, Rule 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 o detainee, list them down on a receipt form in duplicate, duly signed by him and
countersigned by the inmate. The original receipt should be kept for the record and the
duplicate copy should be given to the inmate.
e. All cash and other valuables of the inmate must be turned over to the Trust Officer or the
Property Custodian for safekeeping covered by official receipt.
f. The inmates shall then be fingerprinted and his photograph taken.
g. The admitting officer or jailer shall accomplish a jail booking report in four copies,
attaching thereto the photograph of the inmate to be distributed as follows: 1. BJMP
Central Office
2. Regional Office
 3. Provincial Administrator
4. Jail File
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, and also for needle marks to determine if he is a drug
addict.
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
any physical abnormalities or appearance of rashes or scratches or other identifying marks
of the individual and note them down in the inmates jail booking report. The inmate observe
to be suffering from contagious diseases shall immediately isolated.

36
k. A medical record shall be accomplish 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. As social case study shall be made by social worker as a basis for the inmates’
classification and proper segregation.
m. The sentenced prisoner shall be provided with jail clothing. His personal clothing should
be receipted, cleaned and store safely until his release. The detainee, for his own safety,
may be allowed to wear civilian clothes.
n. As soon as possible, the inmates should be briefed or oriented on the jail rules and
regulations.
o. The Warden shall establish and maintain a prison record of all inmates consisting of
information concerning the inmates’ name and alias, if any, weight, height and body
marks or tattoos, if any, nationality and, if naturalized Filipino, his previous place of
residence. In the case of a prisoner, the record shall also indicate the crime for which he
was convicted; the sentencing court, his sentence and the commencement date thereof,
institutional behavior and conduct, and the date he was received for confinement.
In cases of a detainee, the record shall indicate in the investigation slip
number of his case. If pending with the prosecutor’s office; or the criminal case number
in the trial court where the case is pending; or status on appeal; or the reason for his
detention. The prison shall be signed by the Warden.
p. Upon completion of the reception procedures, the inmates 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. A jail maybe used for safekeeping of any fugitive from justice from any province, and the
Warden shall in such case be entitled to receive the same compensation for the support
and custody of such fugitive from justice as is provided for other inmates, to be paid by
other officer demanding the custody of the prisoner, who shall be reimbursed for such
outlay as part of the costs of the prosecution.
s. Detainee is presumed innocent and shall be treated as such. If possible, he shall
segregated from convicted prisoners.
Upon receipt of the detainee who is accused of an offense before the court,
he shall be apprised, preferably in the dialect which he understand, that under Art. 29 of
 the Revised Penal Code, as amended by the Republic Act No. 6125, his preventive
imprisonment shall be credited in the service of his sentence consisting of deprivation of
liberty the whole period he is detained if he is agrees voluntarily in writing to abide by the
same disciplinary rules imposed upon those convicted previously twice or more times of
any crime; when upon being summoned for the execution of his sentence he
surrendered voluntarily.
t. If the inmates agrees to abide by the same disciplinary rules upon convicted prisoners,
he shall be asked to manifest “Agreement” in writing. Otherwise, the Warden shall issue
a “Certification” under oath to effect that the detainee was apprised of the provision of
Art. 29 of the Revised Penal Code, as amended, and that the detainee refused to abide
by the rules imposed upon convicted prisoners.

37
u. An inmate who signs “Agreement” shall be treated as sentence prisoner in so far as
work and discipline are concerned. Any failure or neglect to perform his assigned work
shall be considered sufficient cause for the cancellation of the “Agreement” he shall
thereafter not be treated as a convict prisoner and cease to earn the privilege granted.
v. An inmate who is covered by a “Certification” shall not be required to work but he may
be made to polish his cell and perform other work as may be necessary for hygienic or
sanitary reasons. He shall be credited with the service of his sentence with four-fifths
(4/5) of the time during which he was detained.
w. The Warden shall submit the “Agreement’ or “Certification”, as the case may be, shall
form part of the records of the case.
x. Full credit for the preventive imprisonment shall commence from the date of the
“Agreement”.

Classification Board
a. Composition
˗ Each jail shall maintain a Classification Board, if facilities and personnel are
available, to be composed of the following:

Chairman- Assistant Warden;

Members- Chief, Security Officer
Medical Officer/Public Health Officer
Jail Chaplain
Social Worker/Rehabilitation Officer

b. Duties and Functions

The Classification Board is tasked to conduct background investigation of inmates to
determine the cell assignment, the appropriate rehabilitative program, the type of
supervision and degree of custody and restrictions applicable to the inmate/s. The
investigation shall focus on the following:
1. Facts and data of the present case, explaining how he was involved in the case;
2. Inmate's recent criminal history and the facts about the inmate's attitudes and
behavior while confined in other institutions, if the inmate is a recidivist or a
habitual delinquent, parentage or life history;
3. Biography or life history;
 4. Medical History;
5. Vocational, recreational, educational and religious background/interests; and 6.
Psychological characteristics as evaluated by the psychiatrist and psychologist.

c. The inmate is required to appear before the Classification Board for a rank discussion
concerning his assets and weakness. After which, he is informed of the program planned
for him. He asked for his willingness and cooperation to undergo this program for his
own good.

Disciplinary Board

38
˗ Organized and maintain by jails for the purpose of hearing disciplinary cases involving
any inmate who violates jails rules and regulations.

1. Composition
˗ 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

∙ Members - Chief, Custodial/Security Office

Medical Officer/Public Health Officer Member
Jail Chaplain Member
Inmates Welfare and Development Officer
Inmates’ Representative

˗ If the above composition is not feasible because of personnel limitation, the

warden shall perform the board’s functions and he shall act as the summary
disciplinary officer.

2. Duties and Functions

˗ The Board is tasked to investigate the facts of an alleged misconduct referred to it. It
shall hold sessions as often as necessary in a room, which may be provided for
the purpose. All cases referred to it shall be heard and decided within forty-eight
(48) hours from the date of receipt of the case.

3. Authorized Disciplinary Punishment Imposable to Inmates

˗ The Board is authorized to impose any of the following disciplinary
actions/measures:

For Detainees:
a. Admonition or verbal reprimand;
b. Restitution or reparation;
c. Temporary or permanent cancellation of all or some recreational
privileges;
 d. Reduction of visiting time;
e. Close confinement in a cell for a period not exceeding seven (7)
days in any calendar month, provided that this disciplinary action
shall be imposed only in the case of an incorrigible inmate, and
when other disciplinary measures had been proven ineffective;
and
f. Transfer to another BJMP jail in the area, in coordination with the
Court.
For Prisoners:
a. Admonition or verbal reprimand;
b. Restitution or reparation;

39
c. Additional job functions/community service within the jail
premises;
d. Temporary or permanent cancellation of some or all recreational
privileges;
e. Reduction of visiting time;
f. Close confinement in a cell for a period not exceeding seven (7)
days in any calendar month, provided that this disciplinary action
shall be imposed only in the case of an incorrigible inmate, and
when other disciplinary measures had been proven ineffective;
g. Transfer to another BJMP jail in the area in coordination with the
Court;
h. Suspension of visiting privileges for a period not exceeding one
(1) month, provided that this sanction shall not apply to the lawyer,
physician or religious minister serving the needs of the prisoner.
i. Permanent cancellation of visiting privileges with respect to
persons not included in the definition of immediate family under
RA 7438, provided that this sanction shall not apply to the lawyer,
physician or religious minister serving the needs of the prisoner.

˗ In addition to the above-mentioned punishment, the disciplinary board may

recommend to the warden partial or full forfeiture of good conduct time
allowance (GCTA) to be earned for a particular month and subsequent months
depending upon the gravity of the offense.

4. Limitations
˗ The Disciplinary Board shall consider the following limitations when imposing
disciplinary punishment:
a. No female inmate shall be subjected to any disciplinary punishment which
might affect her unborn or nursing child;
b. No infirm or handicapped offender shall be meted out punishment, which
might affect his/her health or physical well-being;
c. Corporal punishment, confinement in dark or inadequately ventilated cells
and any form of cruel, unusual, inhumane or degrading punishment are
absolutely prohibited;
 d. When necessary, the jail physician shall visit the detainee/prisoner
undergoing punishment and shall advise the warden of the need for the
termination of the punishment imposed upon the inmate on grounds of
the inmate's physical or mental health;
e. Instruments of restraint, such as handcuffs, leg irons and straitjackets are
not to be applied as a form of punishment. They shall only be used as a
precaution against escape and on medical grounds to prevent an offender
from injuring himself or others;
f. Breaches of discipline shall be handled without anger or emotionalism
and decisions shall be executed firmly and justly; and

40
g. As a general rule, any violation of jail rules and regulations or misconduct
committed by the inmate shall be dealt with accordingly. In extreme cases
where the violation necessitates immediate action, the warden or the
officer of the day may administer the necessary restraints and report the
action he or she has taken to the disciplinary board.

5. Procedures in the Hearing of Disciplinary Cases

˗ The following procedures shall be followed 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;
d. The inmate shall be confronted of the reported violation and asked how
he/she pleads to the charge. If he/she admits the violation or pleads guilty,
the Board or the Warden, as the case may be, shall impose the
corresponding authorized disciplinary action;
e. If the inmate denies the charge, a summary hearing shall be held giving the
opportunity for both parties to present their testimonies and those of their
witnesses, if any, and to present evidence to shed light on the case;
f. After the hearing, the board shall decide with the merits of the case as bases;
g. Whether the inmate is found guilty or not, he/she should be advised to obey
the rules and regulations strictly and be reminded that good behaviour is
indispensable for his/her early release and/or the granting of privileges; and h.
Decisions of the Board/Summary Disciplinary Officer are subject to review and
approval by the warden or higher authority. The inmates may request a review of
the findings of the Board/Summary Disciplinary Officer and
propriety of the penalty to the Central Office, BJMP, whose decision be final.
Punishable Acts of Inmates
a. Minor Offenses
1) Selling or bartering with fellow inmate(s) those items not classified as
contraband;
2) Rendering personal service to fellow inmate(s);
3) Untidy or dirty personal appearance;

41
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)
Reporting late for inmate formation and inmate headcount without justifiable
reasons; and
8) Willful waste of food.

b. Less Grave Offenses

1) Failure to report for work detail without sufficient justification;
2) Failure to render assistance to an injured personnel or inmate;
3) Failure to assist in putting out fires inside the jail;
4) Behaving improperly or acting boisterously during religious, social and other
group functions;
5) Swearing, cursing or using profane or defamatory language directed at other
persons;
6) Malingering or pretending to be sick to skip work assignment;
7) Spreading rumors or malicious intrigues to besmirch the honor of any person,
particularly BJMP personnel;
8) Failure to stand at attention and give due respect when confronted by or
reporting to any BJMP personnel;
9) Forcing fellow inmates to render personal service to him/her and/or to others;
10) Exchanging uniforms or wearing clothes other than those issued to him/her for
the purpose of circumventing jail rules;
11) Loitering or being in an unauthorized place;
12) Using the telephone without authority from the desk officer/warden; 13)
Writing, defacing, or drawing on walls, floors or any furniture or equipment;
14) Withholding information, which may be inimical or prejudicial to the jail
administration;
15) Possession of lewd or pornographic literature and/or photographs; 16)
Absence from cell, brigade, place of work during headcount, or at any time
without justifiable reason; and
17) Failure to turn over any implement/article/s issued after work detail. 18)
Committing any act prejudicial to or which is not necessary to good order and
discipline.

c. Grave Offenses
1) Making untruthful statements or lies in any official communication, transaction, or
 investigation;
2) Keeping or concealing keys or locks of places in the jail which are off-limits to
inmates;
3) Giving gifts, selling, or bartering items with jail personnel;
4) Keeping in his/her possession money, jewelry, cellular phones or other
communication devices and other items classified as contraband under the
rules;

42
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 himself/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 of attempted
escapes; 11) Unruly conduct and flagrant disregard for discipline and
instructions;
12) Escaping, attempting or planning to escape from the institution or from any
guard;
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 himself/herself or others and/or allowing
himself/herself to be the subject of 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 court 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 violates 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. Any personnel,
especially warden, found to be allowing and tolerating any violation mentioned
above will be immediately relieved from his/her designation without prejudice to
his or her being administratively charged.

Rehabilitation Programs in Jails

a. Purpose
˗ To change inmates’ pattern of criminal behaviour and reform them into a
law abiding and productive citizens through the implementation of
 rehabilitation programs in jails.

b. Treatment Program
˗ 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:

43
1. Provision for basic needs of inmates;
2. Health services;
3. Education and skills training;
4. Religious service, guidance and counselling services;
5. Recreation, sports and counselling services;
6. Work programs, such as livelihood projects;
7. Visitation service; and
8. Mail services;

Handling Inmates with Special Needs

1. Female
a. The female dorm should be completely separated from the male dorm; b. A
female personnel shall be designated to keep the keys of the female dorms; c.
Only work suitable to their age and physical condition should be assigned to
female inmates;
d. No male inmate shall be allowed to enter the female dorm;
e. Male personnel must provide female inmate with utmost privacy and respect for
personal space;
f. No male jail personnel should be allowed to enter the female dorm except in
emergency cases or when necessary;
g. Searches shall be performed by a female personnel trained in the conduct of
appropriate searching methods, shall be made in accordance with established
rules, and shall be provided with privacy during the procedure;
h. Medical/physical examination shall be performed by female health personnel. In
the absence of a female health staff, the examination shall be performed by a
male health personnel in the presence of a female staff; and
i. Female inmates shall be provided with the opportunity to avail themselves of all
programs and activities male inmates are provided with.

2. Drug Users/Dependents/Alcoholics
a. Inmates found to be drug users/dependents/alcoholics should be segregated
from other inmates, especially during the withdrawal period;
b. Inmates undergoing drug/alcohol withdrawal must be referred to the jail
psychiatrist, physician or nurse for evaluation and management;
c. Appropriate measures should be taken to enable inmates to follow strictly the jail
physician’s advice regarding diet and other medical interventions/treatments
during the withdrawal period;
d. Maintain close supervision over inmates to prevent attempts to commit suicide or
 self-mutilation by designating a jail personnel trained to manage such cases; and e.
Conducts a regular search of the inmate’s dorm and maintain constant alertness to
prevent the smuggling of narcotics, liquors and other dangerous drugs.

3. Mentally-ill

44
a. Inmates manifesting signs and symptoms of mental illness must be referred to
the jail psychiatrist for evaluation and treatment;
b. Disturbed inmates (mentally-ill inmates) should be transferred to mental
institutions for proper psychiatric treatment upon the issuance of a court order; c.
Close supervision and medical management of mentally-ill inmates should be
maintained by a jail medical personnel;
d. Place the mentally-ill inmates in separate dorms or in a special restraint room
provided for violent cases; and
e. Maintain close supervision over inmates to guard against suicidal attempts or
violent attacks on others.

4. Lesbian, Gay, Bisexual, Transgender (LGBT)

a. Segregate LGBTs to prevent their maltreatment and abuse by other inmates and
to prevent them from maltreating and abusing other inmates.

5. Sex Offenders
a. Inmates charged with sexually-related crimes should be segregated to prevent
them from taking advantage of other inmates; and
b. Maintain close supervision and control.

6. Suicidal Inmates
a. Inmates manifesting signs and symptoms of depression/suicidal tendency must
be referred to the jail psychiatrist for evaluation and management;
b. Inmate who attempts to commit or has attempted to commit suicide must be
transferred to a government psychiatric hospital immediately upon issuance of
court order;
c. Maintain close supervision over suicidal inmates at all times and designate
personnel trained to handle such cases; and
d. Subject them to frequent strip/frisk searches, and greyhound operation for
tools/materials that can be used for suicide

7. Sex Deviates
a. Homosexuals should be segregated immediately to prevent them from
influencing other inmates or being maltreated or abused by other inmates; and b.
Likewise, other sex deviates should be separated from other inmates for closer
supervision and control.

8. Escape-Prone Inmates
a. Escape-prone inmates should be held in the most secure quarters, preferably in
 single-inmate cells, to minimize their contact with one another;
b. Their conduct/behavior should be closely watched/observed during and after
visiting hours and their activities, closely monitored;
c. They should be frequently strip searched and their quarters frequently inspected;

45
d. Special attention should be given to the examination of items recovered from
strip searches; and
e. Telephone calls must be restricted and only calls that can be monitored through
an extension line shall be allowed.

9. Inmates with Disability

a. Inmates with disability should be segregated and closely supervised to protect
them from maltreatment and any form of abuse by other inmates, personnel and
visitors;
b. Individual case management and special activities should be developed and
conducted to address distinct of the inmates;
c. Collaboration with other government agencies should be done to ensure that
disabled inmates are provided with the services and benefits contemplated under
the Magna Carta for disabled persons; and
d. Tasks related to self-care of inmates with disability shall be supervised and
assisted to avoid potential self-harm or accidents.

10. Children in Conflict with the Law (CICL)

Pursuant to the RA 9344, CICL shall not be confined in jails. Hence, serious
efforts shall be exerted by Wardens to immediately transfer the custody of any CICL to a
Youth Detention Home or Youth Rehabilitation Center.
a. Upon admission, CICL shall be subjected to a thorough physical examination.
The results of such examination shall form part of the records of the case of the
CICL;
b. Provide a separate detention cell for CICL;
c. Continuously coordinate with the Public Attorney’s Office (PAO) for the provision
of paralegal assistance to expedite CICL cases;
d. Continuous coordination and follow-up of CICL cases should be made facilitate
the provision of appropriate intervention programs by the DSWD;
e. The “Law on Proportionality" in the implementation of rehabilitation programs
should be observed making said rehabilitation programs distinct and different
from those given to adult inmates;
f. Unless absolutely necessary, a child in conflict with law should not be handcuffed
nor other instruments of restraint applied on him/her, when he or she attends
hearings or when he or she is brought to the hospital or is transferred to other
institutions;
g. The use of vulgar or profane words should be avoided in dealing CICL;
h. CICL should not be required to wear prison uniforms; and
i. Upon release from confinement, the records of the CICL shall be sealed, and at
an appropriate time, expunged.
11. Senior Citizen Inmates
a. Senior citizen inmates should be segregated and close supervised to protect
them from maltreatment and other forms of abuse by other inmates;

46
b. Individual case management strategies should be developed and adopted to
respond to the special needs of elderly inmates;
c. Collaboration with other government agencies and community-based senior
citizen organizations should be done to ensure that the services due the senior
citizen inmates are provided; and
d. Senior citizen inmates should be made to do tasks deemed fit and appropriate,
their age, capability, and physical condition considered.

12. Infirm Inmates

a. Inmates with contagious diseases must be segregated to prevent the spread of
said contagious diseases;
b. Infirm inmates should be referred to the jail physician or nurse for evaluation and
management; and
c. Infirm inmates must be closely monitored and provide with appropriate
medication and utmost care.

13. Pregnant Inmates/Female Inmates with Infants

a. Pregnant inmates must be referred to jail physician or nurse for pre-natal
examination;
b. They should be given tasks that are deemed fit and proper, their physical
limitations, considered;
c. During active labor, pregnant inmates should be transferred nearest government
hospital;
d. Treatment of mother and her infant/s shall be in accordance with the BJMP
Policy (Refer to DIWD Manual); and
e. Female inmates with infants shall be provided with ample privacy during
breastfeeding activity.

14. Inmates of Other Nationalities

a. The Warden shall report in writing to the Bureau of Immigration and the
respective embassies of the detained foreigners the following:
1) Name of Jail;
2) Name of Foreigner;
3) Nationality and the number of his/her Alien Certificate of registration, if
any; 4) Age/Sex;
5) Offense Charged;
6) Case Number;
7) Court/Branch;
8) Status of Case; and
9) Additional data information.
 UNIT IX

47
CUSTODY, SECURITY AND CONTROL, EMERGENCY PLANS, MOVEMENT AND
TRANSFER OF PRISONER AND DETAINEE

Specific Objectives:
a. To explain fully the principles of custody, security and control of jail inmates; b. To
describe the concept of custody, security and control and identify the methods and
procedures of implementing security and control in correctional institutions.

Introduction
The overall concept of jail security operations encompasses both prevention and
rehabilitation. These two efforts are inseparable as neither can be accomplishes 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.
Jail management and penology is concerned with the humane safekeeping and
development of inmates. Effective custody ensures that inmates are well secured in all areas of
the detention facility and properly escorted when attending their court hearings and other
authorized/lawful destinations. This Rule focuses on effective safekeeping.

Aims of Institutional Security

1. Prevention of escapes
2. Control of contraband
3. Maintenance of good order

Security
It involves the safety measures to maintain the orderliness and discipline with the jail or
prison.

Custody
Defined as the guarding or penal safekeeping. It involves the security measures,
locking and counting routines, procedures for searching prisoners and their living quarters, and
prevention of contraband.

Control
It involves supervision of prisoners to ensure punctual and orderly movement from one
place work program or assignment to another. It involves systematic measures taken in
ensuring that the movement of inmates are in accordance with standing policies, rules and
regulations granted by the court and authorities.

Prison Discipline
Is a continuing state of good order and behavior? It includes the maintenance of good
standard work, sanitation, safety, education, personal health and recreation. The main objective
of prison discipline is to inculcate habits, attitudes and values that will make the prisoners a
peaceful and useful member of the society upon his release.

48
Prison Preventive Discipline
It involves prompt correction of minor deviations before they become serious violations,
which may be dealt with a reprimand or warning and is used when deviation is: a) Trivial; b) due
to ignorance; c) result of careless and faulty habits.

Security Control
a. Maintain strict control of firearms. Never permit any firearm inside the jail except in area
where firearms are authorized.
b. Maintain 24 hours supervision of inmates.
c. Maintain a system of key control which shall include an accurate listing of all keys and
of receipting them. Never permits the inmates to handle the keys.
d. Secure firearms and anti-riot equipment in the armour 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 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 day-period. Establish
procedure 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 inmate’s disturbances. j. Develop
plans dealing with emergencies like escapes, fires, assaults, riots and noise barrage.
Make plans known understood by jail personnel.
k. Never allow jail guard to open the inmates’ cell 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 jail staff or shall any inmate be allowed to exercise authority, supervision and
control over the prisoners.

Duties of the Custodial Force

a. Supervise and maintain order and discipline of inmates housing units, those assembled
for religious services, entertainment and athletics, during meals, classes, work
details, baths and visits;
b. Censor offender’s mail;
c. Censor offender’s devices;
d. Maintain inner and outer perimeter security;
e. Escort inmates to courts, other authorized places of confinement and hospitals in cases
of emergencies;
f. Insure custody and safety of those confined in jail;
g. Escort visitors within the jail premises;
h. Report any infringement of rules and regulations to proper authorities;
 49
i. Inform the warden of any emergency cases;
j. Keep and maintain records of the inmates; and
k. Perform such other duties as may be assigned by the competent jail authority.

Inmates Count
It is imperative 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. Count
each inmate physically at specified times or as necessary;
b. During the count, ensure that all movements of inmates are stopped until the count is
completed;
c. The count must be accurate. Make a positive verification to ascertain that the inmates
are physically present. Refrain from conducting a count on the basis of only having seen
any part of his clothing, hair or shoes;
d. Submit a report of each count of a group of inmates to the warden and/or assistant
warden (officer of the day); and
e. If the total jail count does not tally with the total jail population at any given time, conduct
another count. Render an immediate report to the warden and/or assistant warden
(officer of the day) relative to any unaccounted inmate.

Security Procedures During Meal Service

˗ Security must be considered in serving food inside the cells/quarters. A jail officer should
not enter the inmates’ quarters to distribute food unless another officer is available to
handle the keys and control the entrance door.

Dining Room Security

For jail facilities that have separate dining or mess halls, the following shall be
observed:
a. As a general precaution, individual mess utensils of inmates shall be made of plastic; b.
When dining rooms are provided, the inmates should march in columns of two’s along
designated routes under the supervision of jail personnel. Other officials to direct the
orderly movement of inmates to and from the mess hall must be stationed along the
routes;
c. Designate a roving supervisor to handle any disturbances or settle complaints; d. After
every meal, all utensils used by the inmates should be collected. Jail personnel should
strictly supervise this to ensure that no utensils are brought out the dining room; and e.
Check and account for all forks, spoons and other kitchen utensils after every meal.

Mail Censorship
Mail service shall be provided to all inmates provided that all outgoing and incoming
mail matters are passed through a designated Censor Officer in order to intercept any
contraband or illegal articles and any information affecting the security of the jail. The following
procedures should be strictly observed when censoring mail:

50
a. There shall be no limitation on the amount of incoming or outgoing mail or
correspondence when the inmates are responsible for the cost/s of postage; b.
Incoming inmates’ mail, correspondence and packages shall be opened and
inspected to intercept cash, checks, money orders and contraband. The censor
officer shall observe the documentary procedures in disposing of intercepted
items;
c. Legal mail or correspondence shall be opened and inspected in the presence of
the inmate to intercept contraband;
d. Mails shall not be distributed to the inmates until the censors have examined
them. Mail shall only be opened and searched by qualified, trained and
authorized jail personnel in the presence of inmate addressee;
e. Any currency, checks or money found in the letter should be turned over to the
Trust Officer/Property Custodian. The receiving officer should indicate the
amount received on a "receipt form" in duplicate. The original receipt signed by
the receiving officer should be kept for the record and the duplicate copy should
be given to the inmate;
f. Carefully examine all greeting cards and collect fillers of any kind found therein
for laboratory examination;
g. Photographs that are clearly within the scope of jail regulations should be marked
on the opposite side and placed in the envelope;
h. Bring to the warden’s attention any item or correspondence or enclosure that
does not conform to regulations or are detrimental to security, order and
discipline of the jail;
i. In the censoring of mails, prison slang, unusual nicknames, and sentences with
double meanings should be carefully studied and analyzed to determine the real
meanings;
j. Refer to the warden all letters containing statements concerning the security or
reputation of the jail, like attempts to escape or smuggling/trafficking of
contraband, and statements that may affect existing rules and policies;
k. All letters passing through the scrutiny standards of the censors should bear the
censor’s stamp at the top of each page and on the envelope. The letter should be
placed back in the same envelope, resealed and given to the inmate;
l. A listing of mail for inmates should be properly kept and form part of the records
of the jail;
m. Do not discuss the contents of inmates’ mail with other jail personnel, except for
official purposes;
n. The inmate sending out any mail matter shall open his mail/package and have it
read and inspected by the designated censor officer, if the mail is clear for
dispatch, the inmate shall close and seal the mail and place the same in the
outgoing mail box; BJMP Comprehensive Operations Manual Revised
o. If the outgoing or incoming mail has contraband or harmful information, such
matter shall be registered as violation of jail rules and regulations and should be
brought before the Disciplinary Board for immediate adjudication;

51
p. The designated jail staff shall collect the inmates’ mail matters on a daily basis,
Monday through Friday;
q. Inmate’s letters or any other mail matter shall be sent as registered, certified,
 "stamped" or marked "via special delivery" if he or she so desires at his or
expense. The letters will be processed in accordance with the procedures in
handling mails; and
r. An inmate under disciplinary segregation shall be allowed full correspondence
privileges, unless his or her misconduct involves a serious violation of
correspondence regulations.

Fire Prevention Rule

Fires do not only cause financial losses but also loss of lives and property. To prevent
occurrences of conflagration in jails and minimize its effect if such occur, the following rules
should be followed:

a) Jail Warden must designate a smoking are for inmates;

b) Fire extinguishers should be placed in a close proximity to all housing units and should be
located in strategic places in buildings, and work area;
c) Maintain a reserved water placed inside available drums or cans and some with san
placed in strategic places for read use;
d) Keys to all emergency exits, cells, brigades and storage places of fire-fighting equipment
should be made available. Such keys should have tags, marked distinctly to avoid
confusion during emergencies;
e) Portable floodlights should have available in the control center for night fires; and f)
Government equipment should be placed with markings, tags or symbols to determine its
priority during evacuation phase.
NB – in case of fire, inmates directly affected by the fire should be transferred to safety in
a cell or secured area away from the fire under guard.

EMERGENCY PLANS
Emergency plans for fires or conflagrations, riots or violent disturbances, jailbreaks and
others should be formulated to suit the physical structure and other factors peculiar to the
individual jail. Fire plan and the like should become a part of the operational plans which every
jail is expected to maintain. It is important that each participant must know his particular role.

a. Plan in Case of Fires or Conflagrations

a. At the first sign of fire, the Control Center shall immediately sound a prearranged
alarm either by a siren, bell, or any other means available. At the same time, notify
the nearest Bureau of Fire or PNP station or other agencies that may help in putting
out the fire as well as evacuate the inmates affected.
b. All available jail personnel should be organized in securing inmates while members
of firefighting units of BFP are putting out the fire;

52
c. The Desk Officer or the person in-charge of the keys to the storage for fire-fighting
equipment, emergency gates and gates of different cells/brigades, should distribute
the keys to the responsible personnel concerned;
d. All inmates in the affected area shall be required to help in putting out the fire, using
 water and sand in the drums and cans, the fire-fighting equipment, fire
extinguishers and such other things available to put out the fire
e. The fire crew shall immediately respond to the scene to put out the fire while the
other jail personnel shall station themselves according to the PLAN;
f. If there is a necessity to evacuate government records, supplies and equipment, they
should be evacuate to a safe place according to priority and under proper guard; g. If it
is necessary to evacuate the jail population, they should be evacuated in an
orderly manner, using the closed vans and other vehicles, or by any other means,
to prearranged buildings or detention centers for their safe and temporary
confinement under strict security;
h. When all-clear alarm has been sounded, first aid shall be administered to the injured
and an institution-wide count of inmates should be made, and a security check
immediately follows;
i. If the inmates were evacuated and the jails is still intact, they should be returned to
the Jail and continue normal jail activities; and
j. Thorough investigation relative thereto should be thereafter be conducted and
reports must be rendered to the Provincial Jail Administrator who will subsequently
submit same to the Regional Director copy furnished the Station or Sub-Station
Commander. A report will be rendered to Chief, BJMP by the RD concerned.

b. Plans for Riots and Violent Disturbances.

1. At the sound of the first prearranged alarm, all inmates must be locked up inside
their respective cells/quarters. Inmate’s work crew should be brought immediately
into designated areas by custodians for accounting and subsequently locked after a
head count;
2. If the disturbances occur during visiting period, all visitors should be immediately
ushered out of the visiting premises to the most secured portion of the jail
previously predetermined for this purpose. They should not be permitted to get out
of the premises until proper accounting of inmates shall have been made;
3. Simultaneously, all members of the security group out on post immediately report to
the Desk Officer and shall make themselves available for emergency deployment.
All critical posts shall be covered accordingly. The most senior officer present shall
automatically take command of the force and make assessment of the situation;
4. The Control Center shall take into consideration the readiness of all communication
lines for emergency call to the outside. At the moment, the operator should not
entertain incoming calls except purely official calls;
5. The Desk Officer or the Armorer should make a immediate preparation for the
issuance of the necessary anti-riot equipment and firearms;

53
6. On his judgment and proper assessment of the prevailing condition, the Officer in
command may cause the division of the available force into three (3) group as
follows:
i. 1st group – to compose the initial wave of anti-riot assault contingent whose
main objectives shall be to disperse the rioters and get their leaders and
 shall be alarmed with wicker shields, protective head gears, gas masks
and night sticks or batons, when these are available
ii. 2nd group – to serve as back up force to support the first group and for
these purpose shall be equipped with tear gas, guns and grenades. iii. 3rd
group – to be composed of guards trained on proper handling and use
of firearms who shall be ready to fire when the lives of the guards are in
peril on orders of the officer – in- command.
7. When everything is ready, the Officer-in-Command shall, with the use of a
megaphone or any public address system, direct the inmates to cease and desist,
return to their respective cells or face the consequences of their acts. The known
leaders should be called by their names and asked to stop the rioting or
disturbance;
8. The second alarm shall be sounded when all efforts of the Officer-in-Command had
failed. By this time, all guards shall be prepared for the assault. The first group shall
now enter the compound followed by the second group at a discreet distance. The
third group shall be in strategic position, ready to fire when and if the lives of the
guards are in danger;
9. The first group shall be tasked with quelling the riot and getting the leaders of the
rioting group, and if met with stiff resistance, should withdraw on order of their
leader’s order of their leaders;
10. The Second Group shall not use riot control gases; except on orders of the Officer
in-Command. Gas should be used an in such quantity to have the desire defects.
When the area is saturated with gas, the first group with gas mask shall attack
using their batons to force the rioters back into their cells and get the leaders. Use
of pressurized water from the fire truck may be restarted to;
11. On instruction the Office-in-Command, initial alarm shall be delayed to the
Superintendent, Station or Substation Commander and/or nearest police station or
unit that will give assistance to quell such disturbance in the jail;
12. When conditions become critical and the disturbance has reached full scale, the
Officer-in-Command shall cause the sounding of the third alarm. At this instance,
Control Center shall notify all nearby police agencies for assistance and then all
other plans in connection with jail uprising shall be executed. Nearby hospitals shall
also be notified if the situation demands;
13. As a last resort to prevent mask jail breaks or serious assault upon members of the
custodial forces, the selected marksman of the third group may be ordered to fire,
by the Officer-in-Command, only after due warning shots. Here again, reasonable
caution, to insure the safety of individuals, is imperative. The order to fire should be
given only as a last resort, not necessarily to kill but only to maim at designated
targets, not at innocent bystanders, a fellow officer or some other employees; and
14. Finally, after any such incident, the following steps should be undertaken:

54
a. Administer first aid to the injured;
b. Conduct head count;
c. Segregate ring leaders and agitators;
d. Confiscate bladed items or materials used during riot disturbance and check
security of the institution;
e. Conduct a thorough investigation of the incident. Prosecute those who have
 violated the laws, rules and regulations;
f. Repair damages;
g. Adopt effective measures to prevent repetition of similar incidents; and h.
Submit reports to the Provincial Administrator and copy furnished the Central
Office of the Jail Bureau, and the Station and Sub-Station Commanders.

c. Plan for Escapes or Jailbreaks

1. The Control Center shall immediately sound the alarm and the Warden or
Desk Officer shall be notified;
2. At the first sound of the alarm, all prisoners shall be locked in their respective
cells while those in work details should be marched in an orderly manner to
their cells;
3. All jail personnel, custodial or noncustodial shall make themselves available
for emergency deployment with the exception of those previously assigned.
The Desk Officer or the Armorer shall issue firearms to members of the
custodial force who shall immediately dispatched to strategic posts according
to the PLAN;
4. A simultaneous institution-wide accounting shall be made to determine the
number of inmates who escaped and their identities established;
5. As soon as the identities of the escapees have been established, their names
and other personal circumstances shall be immediately flashed to all units of
the province, district, station or substation, and all nearby station shall be
notified;
6. Radio and television station and other news media shall be notified and, if
possible, furnished with the escapees photographs for possible publication
and flashing over the televisions;
7. Coordination with the law enforcement agencies such as PNP and NBI will be
established in a province for nationwide manhunt;
8. Recovery teams shall be organized to proceed to all known liars, hangouts,
residences and houses of immediate relatives and friends for the immediate
recapture of the escapees;
9. In case of mass jailbreak, all members of the custodial force shall be
immediately issued firearms and assigned to critical posts to block the
escape routes while the pursuing teams should get out of the jail premises to
recapture the escapees. The rest of the jail personnel and custodial force
who are off-duty shall be contacted by phone or through fastest means
available to require them to report for duty immediately;

55
10. If an officer or any member is held hostage, reasonable caution should be
taken to ensure his/her safety;
11. If the Warden held hostage, for all intents and purposes, he ceases to
exercise authority and the next in command or the most officer present shall
take over; 12. If there are no hostages and the inmates are still inside the jail
compound and continue to defy orders given by the Warden or by the Officer-in-
Charge, procedures shall be activated immediately according to plan;
13. Maximum force shall be deployed for escapees found holding on an area to
 pressure to surrender and avert their movements; and
14. An investigation shall be conducted to determine any flaws in the Security
Plan for possible correction to be submitted to the Jail Regional Director,
copy furnished the Central Office of the Jail Bureau, the Station or Sub-
Station Commander of the PNP.

UNIT X
DIVERSIFICATION, CLASSIFICATION AND GOOD CONDUCT TIME ALLOWANCE

Specific Objectives:
1. To describe the concept of diversification and classification as applied in correctional
institutions;
2. Recognize the granting of good conduct time allowance to inmates; and
3. To state specific crimes involving correctional personnel.

DIVERSIFICATION

∙ Is an administrative device of correctional institution of providing varied and flexible types of

physical plants for more effective custody, security and control of the treatment programs of
its diversified population.
∙ Is the principle of separating homogenous type of prisoners. Deals with the separation of
inmates according to age, sex, medical or mental condition and degree of custody.

AIMS OF DIVERSIFICATION
∙ More effective execution of the treatment programs

∙ To prevent prisoner from moral and physical contamination

∙ To prevent unnecessary custodial risks

HOW DIVERSIFICATION IS CARRIED OUT

It can be done either building special institution for different classes of prisoners
through proper segration of inmates that is big institutions can be broken into smaller
units.

FACTORS CONSIDERED IN DIVERSIFICATION:

1) Age- prisoners 18 years and below should be segrated
2) Sex-female and male are separated

56
3) Medical and Mental Conditions
4) Degree of custody

CLASSIFICATION
 A method by which diagnosis, treatment, planning and execution of treatment programs are
coordinated in the individual case. Refers to the best program to be adopted for the
rehabilitation of the inmates according to their needs and existing resources.

GOOD CONDUCT TIME ALLOWANCE

It is a privilege granted to a prisoner that shall entitle him to a deduction of his term of
imprisonment.
Under Art.97 RPC, the good conduct of any prisoner in any penal institution shall entitle
him to the following deduction from the period of his sentence.
1. During the first two years of his imprisonment, he shall be allowed a deduction of 5 days
for each month of good behavior.
2. During the third to the fifth years of his imprisonment, he shall be allowed a deduction of
8 days each month of good behavior.
3. During the following years until the tenth years of his imprisonment, he shall be allowed
a deduction of 10 days each month of good behavior.
4. During the eleventh and the successive years of his imprisonment, he shall be allowed a
deduction of 15 days each month of good behavior.

Delay in the Delivery of Detained Persons to the Proper Judicial

Authorities 12 HOURS. For crimes or offense punishable by light
penalties
18 HOURS. For crimes or offenses punishable by correctional penalties
36 HOURS. For crimes or offenses punishable bby afflictive or capital penalties.

Arbitrary Detention - committed where the detention of a person is without legal ground.
DeLay Release- committed by a public offices or employee who delays for the period of
time.

Deliver of Prisoners from Jail

∙ The offender is private individual

∙ He removes a person confined in jail as a penal institution.

∙ The means employed are violence , intimidation, bribery

UNIT X
INTRODUCTION TO
COMMUNITY – BASED TREATMENT PROGRAMS

Specific Objective:
∙ To introduce and describe the concept of probation and parole.

Introduction:

57
Those programs are intended to treat criminal offenders with in the free community as
alternatives to confinement. It includes all correctional activities directly addressed to the
offenders and aimed at helping him to become a law abiding – citizen

A.PROBATION
It is a disposition whereby a defendant, after conviction of an offense, the penalty of which
does not exceed 6 years of imprisonment, is released subject to the condition imposed by the
releasing court and under the supervision of a probation officer.
Probation is a substitute for imprisonment, the probationer is compared to an outpatient, a sick
person who does not need to be hospitalized because his illness is considered less serious.
Presidential Decree 968 otherwise known as the “Adult Probation Law” approved and took
effect on July 24, 1976. Sec 18 of it as amended states the creation of probation administration
under the DOJ, which shall exercise general supervision over all probationers.

Advantages of Probation
∙ The convicted criminal offender can continue to work in his place of employment ∙
It prevents the tendency of broken homes
∙ A relieves prison congestion

B. PAROLE
∙ Is the process of suspending the sentence of a convict after having served the minimum of
his sentence without granting him pardon, and prescribing the terms upon which the
sentence shall be suspended. (Tradio)
∙ It is a procedure by which prisoners are selected for release and service by which they are
provide with the necessary controls, assistance and guidance as they serve remainder of
their sentence in the free community.(Charter & Wilkins)
∙ It is a decision by an authority constituted accordingly by statute to determine the portion of
the sentence, which the inmate can complete outside of the institution. It is also the status of
serving the remainder of the sentence of convict in the community in accordance with the rules
and regulations set-up by the Board of Parole.(Correctional and Parole Administration)
∙ Parole is not a reward per se for good behavior but rather, it is a follow-up his institutional
program.
∙ This is not also claimed as right but it is granted by the Board as a privilege to qualified
prisoner.

BOARD OF PARDON AND PAROLE (BPP)

A quasi- judicial body which was created under act # 4103 otherwise known as the
indeterminate sentence law of the Parole Law , the agency that grants parole to any prisoner
who is qualified to enjoy its benefit.
B. It employs the service of Parole Officer in providing supervision and guidance to parolees.

RELATED LAWS
1) Act No. 4103 – Indeterminate Sentence Law
2) Act No. 3315- also known as the law on working detention.

58
3) Act No. 3326- also known as a of Prescription of Penalty.
4) Act 3316- the formal basis on the grant of Good Conduct Time Allowance for
prisoners. 5) Act No. 6036- Law on release on Recognizance (ROR)
6) E.O 292- Administrative Code of 1987.
7) P.D. 28- Law establishing Regional Prisons.
8) P.D. 968- Adult Probation Law
9) Republic Act 7659- Also known as an Act imposing the death penalty.
10) Republic Act 8177- law imposing lethal injection.
11) Republic Act 9346- law abolishing death penalty. Prohibition of death
penalty. 12) Republic Act 6981- Witness protection Program.
13) Republic Act 7438- An act defining the right of the accused.
14) Republic Act 6127- Grant of full time credit period of preventive detention, which fully
deducts the period of the offenders preventive imprisonment detention from the sentence
imposed by the court.
15) Republic Act 403- A law which creates the Board of Pardon and Parole, to look into the
physical, mental and moral record of convicted offenders in order to determine who shall be
eligible for parole, probation and pardon.
16) Republic Act 6975- DILG Act of 1990.
17) Republic Act 9263- Professional Act of BFP and BJMP 2004.

GLOSSARY OF TERMS

Abscond- means to depart from geographical area or jurisdiction prescribed by the conditions
of one’s probation or parole, without authorization.
Absolute Pardon- Total extinction of criminal liability of an individual to whom it is granted and
restores back to him all civil rights which are either loss or suspended by virtue of his
conviction. Amnesty- a general pardon extended to a class of person or who maybe guilty of
political offenses.
Benign Neglect- The slighting of female offenders special problems and needs, particularly in
the provision of programs and services.
Bondsman- An independent businessperson who provides bail money for a free, usually 5 to
10 percent of the total.
Booking- A police administrative action officially recording an arrest and identifying the person,
place, time, the arresting authority and the reason for the arrest.
Carpeta- Otherwise known as inmate record or jacket, it contains the personal and criminal
record of the inmate.
Commutation- An act of the president changing/reducing a heavier sentence to a lighter one or
a longer term into shorter term. It may alter Death Sentence to Life Sentence or a life Sentence
to a term of years.
Commitment- The entrusting for confinement of an inmate to a jail by a competent court or
authority, for purposes of investigating the individuals’ offense or transgression of laws.
 59
Commitment Order- A written order of the court or any other competent authority consigning
an offender to a jail or prison for confinement.
Contraband- Any article, item, or thing prohibited by law/ or forbidden by jail rules.
Destierro- The penalty of banishing a person from place where he committed a crime
prohibiting him to get near or enter the 25- kilometer perimeter.
Expunge- The sealing or purging of arrest, criminal, or juvenile record information. Home
Detention- the release of a sentenced inmate from a correctional institution to his or her own
home with the stipulation that the inmate may leave only to go to work. Indeterminate
Sentence- A period of incarceration set by a judge as a minimum term that must be served
before a decision on parole eligibility is made and a maximum form at the conclusion of which
the sentence has been completed.
Institutional Capacity- the officially stated number of inmates or residents that a correctional
facility is designed to house, exclusive of extra- ordinary arrangements to accommodate
overcrowded conditions.
Inmate Code- A set of rules of conduct that reflect the values and norms of the prison social
system and help to define for inmates the characteristics associated with the model prisoner.
Mandatory Release- the required release of an inmate from incarceration upon the expiration
of a certain time period as stipulated by a determined sentencing law or parole guidelines.
Mittimus- A warrant issued by the court bearing its seal and the signature of the judge, directing
the jail or prison authorities to receive inmates for custody or service of sentence imposed
therein.
Preventive Detention- the detention of an accused in prison or in jail for the purpose of
protecting the community from crimes, the accused is considered likely to commit if he or she is
set free pending from trial.
Prisonization- the process by which a new inmate absorbs the customs of the prison society
and learns to adapt to the environment.
Safekeeping- the temporary custody of a person for his own protection, safety, and care. And
or his security from harm, injury or danger for the liability he has committed. Sentence- the
penalty imposed by a court on a convicted person, or the court’s decision to suspend
imposition or execution of the penalty.
Special Time Allowance- a deduction of one- fifth of the period of the sentence of any
prisoners who reward the service of sentence.
Utilitarianism- the doctrine that the aim of all action should be the greatest possible balance of
pleasure over pain, hence the belief that punishment inflicted on an offender must achieve
enough to outweigh the pain inflicted.
Work Release- the released of a sentenced inmate from a correctional institution for work
during the day, the inmate must spend nights and weekends in the facility.

60