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INSTITUTIONAL CORRECTIONS

CORRECTION – is that branch of the administration of criminal justice system charged with the responsibility for the custody,
supervision, and rehabilitation of the convicted offender.

PENOLOGY - from the Greek words “Poine” which means Punishment and “Logus” – course or
study of crime prevention, prison, reformatory management and correction of
criminals.
- Is the branch of criminology which deals with the management and administration of inmates.

PUNISHMENT
Punishment is defined as the redress that the state takes against an offending member. It is inflicted by the group incorporate
capacity in one who is regarded as a member of the same group. It involves pain or suffering produced by design and justified by some
value that the suffering is assumed to have. It is a means of social control, a device to cause people to become cohesive and induce
conformity thus it is necessary to restore moral equilibrium and for grounds of social utility.

Origin and History of Punishment

The oldest written penal law that stopped the ancient practice of retribution of personal vengeance, and punishment become
the responsibility of the state. This law is known as the “Code of Hammurabi”, which King Hammurabi of Babylon promulgated. This
Code of Laws was compilation of the laws of the Semitic tribes, and is written on stone. It instituted the law of the talons, meaning
that the State will meet out punishment equally, “as an eye for an aye” or “a tooth for a tooth”.

Punishment in Primitive Society

The most common punishment is death, physical torture, mutilation, branding, public humiliation, fines, forfeiture of
property, banishment, and later on transportation and imprisonment; but each of this punishment has had forms. Thus, death has been
accomplished by flaying, crucifixion, beheading, impaling, drowning and burning; physical torture is executed by flogging,
dismemberment, and starvation; public humiliation, stocks, pillory, docking, stools, branding, and branks; and later imprisonment by
confinement in dungeons, galleys, “hulks”, jails, house of corrections, workhouses, and penitentiaries.

Redress (Compensation) of a wrong act

Retaliation (Personal Vengeance) – the earliest remedy for wrong act to any one (in the primitive
society). The concept of personal revenge by the victim’s family or tribe against the family or tribe of the offender, hence “blood
feuds” was accepted in the early primitive societies.
Fines and Punishment – Customs has exerted effort and great force among primitive societies. The acceptance of
vengeance in the form of payment (cattle, food, personal services, etc.) became accepted as dictated by tribal traditions. As tribal
leaders, elders and later kings became into power, they begun to exert their authority on the negotiations. Wrongdoers could choose to
stay away from the proceedings (Trial by ordeal) but if they refuse to abide by law imposed, they will be declared to be an outlaw.

ANCIENT FORMS OF PUNISHMENT

a. Death Penalty – this was affected by burning, boiling in oil, breaking at the wheel, drowning, hanging, etc.
b. Physical Torture – this was the so-called corporal punishment, which was affected by mutilation, maiming,
whipping, etc.
c. Social Degradation - the purpose of this was to put the offender to shame or humiliation. This was affected by
branding, use of ducking stool, stocks, pillory, etc.

d. Banishment– this the sending or putting away of an offender which was carried out either by a prohibition against
coming into a specified territory, or a prohibition against going outside a specified territory, such as an island to where the offender
has been removed.
e. Other similar forms of punishment like transportation and slavery.

CONTEMPORARY FORMS OF PUNISHMENT

a. Imprisonment – putting offenders in a prison for the purpose of protecting the public and at the same time
rehabilitating them by undergoing institutional treatment programs.
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b. Parole – is defined as a procedure by which prisoners are selected for release on the basis of individual response
and progress within the correctional institution and a service by which they are provided with necessary guidance as they serve the
remainder of their sentence in the free community.
c. Probation – it is a procedure under which a defendant found guilty of a crime is release by the court without
imprisonment subject to the condition imposed by the court and subject to the supervision of the probation officer.
d. Fine – an amount given as a compensation for a criminal act.
e. Destierro – the penalty of banishing a person from the place where he committed a crime, prohibiting him to
get near or enter the 25- kilometer perimeter.

JUSTIFICATIONS OF PUNISHMENT
a. Retribution – punishment of an offender was carried out in the form of personal vengeance. Since
retaliatory acts result in the infliction of greater injury, the retaliation was later limited to the degree of injury inflicted, giving rise to
“An Eye for and Eye” philosophy.
b. Expiation or Atonement – this was in the form of group vengeance, as distinguished from retribution, where
punishment is exacted publicly for the purpose of appeasing the social group. Punishing the offender gives the community a sense of
its moral superiority, assurance that virtue is regar5ded after all.
c. Deterrence or Exemplarity – punishment gives lesson to the offender by showing to others what would happen to
them if they violate the law.

d. Protection – by placing offenders in prison society is protected from the further criminal depredation of
criminals.
e. Reformation – society’s interest can be best served by helping the prisoner become a law-abiding citizen and
productive upon his return to the community by requiring him to undergo an intensive program of rehabilitation.
Constitutional Restrictions on Penalties

The Constitutional directs that “excessive fines shall not be imposed, nor cruel and unusual punishment
inflicted”. (Sec. 21 Art. IV, 1973 Constitutions of the Philippines).

SCHOOLS OF PENOLOGY
1.Classical School – among its proponents included Beccaria, Rousseau, Montesquieu and Voltaire, maintained the doctrine of
psychological hedonism, that the individual calculates pleasures and pains in advance of action and regulates his conduct by results of
his calculations. Hedonistic Calculus formulated by Betham, a great reformer of criminal law who worked out on precise
mathematical laws for the infliction of punishment.
2. Neo-Classical School – arose at the time of the French Revolution, maintained that while the Classical Doctrine was correct
in general, it should be modified in certain details; since children and lunatics cannot calculate pleasures and pain, they should not be
regarded as criminals or be punished.
3. Positive School – denied individual responsibility and reflected an essentially non-punitive reaction to crime and criminality.
Since the criminal was held to be not 0responsible for his acts, he was not be punished.

CORRECTIONAL SYSTEM
The function of correction serves to rehabilitate and neutralize the deviant behavior of adult criminals and juvenile
delinquents. This component of the criminal justice system faces a three-side task in carrying out the punishment imposed on the
convicted offender by the court, to deter, to inflict retribution, and rehabilitate. The components of the correction effectuate their
functions through different programs, probation, commitment to an institution, and parole.
Prisons are a major stock in the moral order of the society. They symbolize the ultimate instrument of punishment the state
can wage against those who renege on the social contract. Besides death, imprisonment remains society’s most ominous response to
the social disorder. Include among the purposes of a civilized society are maintenance of law and order and control of violence. To
accomplish this purpose, deviant individuals are isolated.
EVOLUTION OF CORRECTIONS
Code of Hammurabi (1750 BC) - the first formal law dealing with the concept of justice As LexTaliones “An Eye
for an Eye and a Tooth for a Tooth”.
Mosaic Law – allowed extreme punishments such as flogging or burning alive, offenders are entitled to freedom from torture and
admission of guilt is admissible only when there is a confirmatory testimony from at least one witness.
King Ur-Nammu’s Code – decreed the imposition of restitution and fines of execution, mutilation or other savage penalties. It holds
the principle that offender can be punished and victims can be paid by making the offender reimburse the value of
whatever damages as the result of crime.
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Nico demeans Ethics – written in 400 BC first publication that explains crime and corrective justice stating that “Punishment is a
mean of restoring the balance between pleasure and pain”
509 BC – a law was passed prohibiting flogging or execution unless affirmed by the Centuriate Assembly. Underground
cisterns – a form of prison used to detain offenders undergoing trial in some cases and to hold sentences offenders where
they were to be starved to death.
Ergastulum– Roman prison that was used to confine slaves where they were attached to workbenches and forced
to do hard labor in the period of their imprisonment.
Justinian Code – Roman Emperor Justin put this code into law in 529 AD and became the standard law in all the areas occupied by
the Roman Empire particularly Europe. This code was a revision of the Twelve Tables of Roman Law that
originated at about 500 BC stating every crime and penalties for every offense listed in the said table.
Burgundian Code – code that introduced the concept of restitution but punishment was meted according to the social class of the
offenders. Offender had to pay the specified value in order not to undergo physical sufferings as penalty.
Pope Innocent VIII (1487) – issued Papal Bull that allowed refugee offenders to be driven out of the sanctuary if they used this for
committing crimes but half centuries later, many sanctuaries closed and those still remaining have refused to accept
offenders of serious crimes such as rape, murder and robbery.
Pope Leo I – 440AD was the first Pope to fully expressed approval for killing, otherwise human and
divine law would be subverted.
Priscilian– 385 AD the first recorded Christian who was put to death for being a heretic (Unorthodox) but death as capital
punishment was first used in 1022 in Orleans, France when thirteen heretics were burned at the instigation of the
church. Pope Innocent II tried to wash his hands like a Pontius Pilate when it turned over heretics to the secular
authorities for proper punishment that included death.
Pope Gregory IX – through his Papal Encyclical “Encommunicamus” issued in 1231 that

3 made part of the Canon Law the burning of non-believers at the stake. He also initiated the
Inquisition that led to the burning of hundreds of heretics.
Pope Innocent IV – officially introduced torture to the Inquisition procedure in 1252.
Pope John Paul II – reversed the practice of death as form of punishment, Pro-Life Pope in his Encyclical
TertioMillenioAdveniente, formally apologized to the past intolerance and use of violence in the defense of truth
and has challenged to break away from the “culture of death”.
Gaols – other word for jails during early days, were hard for poor prisoners but not for those who were wealthy. This was because
prisoners had to pay for their accommodations, food and cost of administration and security. Beddings, blankets,
lights and everything were sold or rented to prisoners at very high rates. The jailer or gaoler was paid from
payment of prisoners.
King Henry VII of England – he decreed corporal punishment for vagrants in 1531 and penal slavery in 1547 to
depend the interests of the still dominant landlord class.
Bridewell Institution in Bridewell, England – established during the reign of King
Edward VI, as a workhouse for vagabonds, idlers and rogues. The Bridewell was a reform of some sort over the
traditional, already unworkable system of punishment. Vagrants and prostitute were given work while serving their
sentence. After two centuries this system lost its usefulness due to banishment of offenders to the colonies.
Lombroso, Beccaria and Betham – their efforts changes the prison system based on solitary confinement and hard labor so that by
1779 a penitentiary act was passed that mandated the establishment of prison system.
Norfolk Prison at Wymondham, England – after the Penitentiary Act of 1779 this prison was opened.
National Penitentiary of Milkbank – followed in 1821.
Pentonville National Penitentiary – opened in 1842.
Alexander Solshenitsyn – a political prisoner who popularized banishment is the Gulag Archipelago in a
novel.
Penal Code of Russia (1845) – punishes offenders to hard labor of four years to life. Fortunate prisoners sentenced to hard labor
were destined to the factories or construction of fortresses. Sentences to labor in the mines were the unluckiest of
the destinations.

2 Distinct Benefits of Banishment

1. It allowed the transporting country to colonize distant lands such as Australia, Canada, Africa and all other farflung colonies.
2. It reduced number of criminals and the concomitant reduction of criminality in the country of origin.

Aside from banishment and hard labor offenders were also sentenced to provide hard labor for public works
including the building of military fortifications and as a result of these developments, Spaniards also built fortifications in the
Philippines and that includes Fort Santiago in Manila and Fort Del Pilar in Zamboanga. Maine State Prison – underground facilities
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to incarcerate offenders contained cells in the pits similar to the underground cistern of long ago Rome that were used to detain
offenders undergoing trial in some cases and to hold sentenced offenders where they will be starved to death. These pits were entered
through an iron gate in the ceiling during late 1828.
Connecticut State Prison – used a copper mine at Simsbury from 1773 to 1827 as prison facilities wherein prisoners worked in the
mines during the day and then their ankles and necks were shackled during nighttime to prevent escape.
Sing Sing Prisons – became famous or rather infamous all over the world and was plot of many movies filmed because of the Sing
sing bath which was inflicted aside from the floggings, denial of reading materials and solitary confinement. The
shower bath was a gadget do

constructed as to drop a volume of water on the head of a locked naked offender. The force of the icy cold water hitting the head of
the offenders caused so much pain and extreme shock that prisoners immediately sank into come due to the shock and hypothermia or
sudden drop of the body temperature.
1847 – Flogging was declared illegal.
St. Michael Prisons – first established in 1704 during the reign of Pope Clement XI at the Hospital of St. Michael was a prototype of
the reformatories for juvenile offenders. This s the seed of Auburn Prison System of the United States wherein
rehabilitative concept and pioneered segregation of prisoners and force silence to make prisoners contemplate their
wrongdoings.

3 Institutions Built in the State of Pennsylvania

1. The Walnut Street Jail (1790)
Originally constructed as a detention jail in Philadelphia, it was converted into a state prison and became the first American
Penitentiary. It began the penitentiary system in the United States when legislation was passed establishing the principle of solitary
confinement, strict discipline, productive work and segregation of the more dangerous offenders.
2. The Western Penitentiary (1826)
3. The Eastern Penitentiary (1830)

Jail Penitentiary Concept

The term penitentiary came from the Latin word “Paenitentia” meaning penitence, and was coined by an English prison
reformer, John Howard. It referred to a place where crime and sin may be stoned for and penitence produced.

Two Rival Prison Systems in the Early History of imprisonment

a. Auburn Prison – among its features were the confinement of the prisoners in a single cells at night and
congregate work in shops during the day. Complete silence was enforced.
b. Pennsylvania Prison – it features consisted in solitary confinement of the prisoners in their own cells
day and night, where they lived, slept, received religious instructions and read and the bible, and given the work. Silence
was also enforced. “Sentenced to Solitary Confinement at Hard Labor”

The Reformatory Movement

This consisted in the introduction of certain reforms in correctional field by certain persons, gradually changing the old
punitive philosophy of punishment (Mass treatment, enforced silence, idleness, regimented rules and severe punishment) to a more
humane treatment of prisoners with innovative institutional programs.

1870 – National Prison Association (now the American Correctional Association) held its first national congress in Cincinatti, Ohio/.
Leading practitioners in the field of corrections and prison reformers from across the land came to this congress
fully prepared to present their expert views on how to best approach and humanize the handling of people
sentenced to suffer imprisonment.
1876 – Young female prisoners began to be admitted to the Houses of Refuge wherein they underwent similar regimen to that of the
boys but limited to sewing, cleaning, washing, ironing, cooking and many other activities peculiarly done by
women.
1878 – State of Massachusetts passed the First Probation Law.
1899 –first juvenile court was established in Cook Country, Illinois.
1925 – 48 states had juvenile courts and some of these states also have probation services catering solely to
juvenile offenders.

Japanese Correctional Development

Kangokusoku Prison Rules in 1872 – first law establishing a modern criminal justice administration in Japan.
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1908 – the present Prison Law and Prison Law Enforcement Regulations in Japan were both enacted
and enforced when old prison regulations were abolished.
1884 – Professionalization of Japanese Correction Officers started when a training program for prison
officers was devised and implemented in Yokohama Prison.
1890 – National Training Institute for Prison Officers was established in Tokyo seeded by a
Russian penologist Dr. Kurt von Seebach.
1912 and 1914 – general pardons were promulgated on two occasions of bereavement of the Imperial Family members such as
amnesty and commutation to a total of 36,731 prisoners. 1923 - community-based treatment
system for juvenile offenders was implemented, with the promulgation of the Juvenile Law and Reformatory Law.
May 1932 – the country was administratively divided into three regions effect a more
efficient productivity management of prison industries, by August 1945, the three regions were increased into eight
and in July 1952, Regional Corrections Headquarters was established in each of these regions to serve as
intermediate supervisory organ to closely supervise and coordinate corrections work among the different
corrections institutions and facilities.
1933 – Ordinance for Prisoner Progressive Treatment was promulgated which started the classification of prisoners, a step towards
the use of scientific approach in coming up with treatment programs for prisoners.
1939 – Judicial Rehabilitation Service Law was enacted.
1947 –after the World War II, the Amnesty Law was passed which defined two types of amnesty, general
and individual.
1947 – National Training Institute for Prison Officers stopped operating.
1969 – Training institute for Correctional Personnel was operational.
1948 – Prisoner’s Classification Regulation was enacted.
1948 – Reformatory Law of 1922 was revised and renamed the Juvenile Training School Law.
June 1, 1949 – the prison system was again reorganized and renamed Correction and Rehabilitation Bureau to conform
to the changing philosophies of criminal justice.
1950 –the Volunteer Probation Officer Law of 1950 also went into effect and established.
1952- an amendment in the laws which integrated service of the Regional Parole
Board, the Probation Office and the Volunteer Probation Officers for juvenile and young offenders with their adult
counterpart.
1954 –the law for Probationary Supervision of Persons under Suspension of Execution of
Sentence was promulgated.
1958 –full enforcement of the Anti-Prostitution Law resulted in the supervision of conditional releases
from Women’s Guidance Homes.
1969 – Ichihara Prison was established for traffic violators sentenced without forced labor.
1976 – Kakogawa Prison and Saijo Prison were opened.

Persons Responsible for Introducing Reforms in the Correctional Field

( a ) Manuel Montesimos –he was the Director of Prisons at Valencia, Spain in 1835, who

divided prisoners into companies and appointed prisoners as Petty Officers in charge; allowed reduction of the inmates sentence by
one third (1/3) for good behavior; offered training to prepare the convicts for return to society.

( b ) Domets of France – established an agri-cultural colony for delinquent boys in 1839, providing house fathers as in charge of
these boys. He concentrated on re-education; upon their discharge, the boys were placed under the supervision of a
patron.
( c ) Alexander Macanochie – as Superintendent of the Penal Colony at Norfolk Island in 1840, he introduced a progressive humane
system to substitute for corporal punishment, known as the “Mark System”

Mark System
The prisoner was required to earn a number of marks based on proper department, labor and study in order to entitle him to
a ticket of leave or conditional release which are similar to parole. Macanochie’s mark system, consisted of five (5) stages:
1. Strict custody upon admission to the penal colony;
2. Work on government gangs;
3. Limited freedom on the island within a prescribed area;
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4. Ticket of leave; and

5. Full restoration of liberty
( d ) Sir Walter Crofton – he was the Director of the Irish Prisons in 1854 who introduced the Irish system
which was later on called the progressive stage system.
The Irish system was actually a modification of Macanochie’s work system, and consisted of four stages:
( e ) Zebulon R. Brockway – he was the Superintendent of the Elmira Reformatory in New York in 1876 who introduced a new
institutional program for boys, 16 to 30 years of age.

Elmira Reformatory
The Elmira Reformatory is considered as the forerunner of modern penology because it had all the elements of a modern
correctional system, among which were a training school type, that is, compulsory education; case work method; and extensive use of
parole based on the indeterminate sentence. This was the first penal institution to remodel its penal philosophy away from punitive
and retributive practices and veered them towards reformation and treatment. Educational and vocational were imparted to the
prisoner as a way to treat his lack of life skills to survive according to the rules of ourside society. Parole also started in Elmira
Reformatory, after 12-month of good conduct prisoner, he was eligible for parole.
( f ) Sir Evelyn RugglesBrise – was the Director of English Prisons who opened the
Borstal Institution after visiting Elmira Reformatory in 1897, such as Borstal Institutions are today considered as
the best reform institutions for young offenders. This system was based entirelty on the individualized treatment.
( g ) John Howard – known as the Father of Penitentiary/ FATHER OF MODERN CORRECTIONS. Sheriff from
Bedfordshire, England who exercised the traditional but neglected responsibility of visiting the local prisons and
institutions. He was shocked by what he saw, especially when he learned that the keepers were paid no regular salary but
depended upon extracting a living from the prisoners; secondly, that large number of persons who had been
discharged by the grand jury or acquitted at their trials were still detained owing to the fact that they had been unable to pay their
discharge fees. For every prison inspected, he put into records important details he observed, wrote and published a book that
started the interest of reformers in English society. Many of his landmark recommendations were incorporated into the
Penitentiary Act of 1779 and adopted as

standard procedure in the first modern prison constructed in 1785 on Norfolk, England. It was not until 1842 that Howard’s idea of
penitentiary was given recognition.
( h ) Father Cook (1870) – he identified youthful offenders being tried in the courts and whose cases were committed
by force of circumstance and not due to criminal nature of the accused. After finding that the offender was not a
hardcore felon and can still be reformed, Father Cook presented himself before the court as adviser of the offender.
( i ) Edward N. Savage (1887) – Chief of Police in Boston who was appointed as the first government probation officer after the first
Probation Law in Massachusetts was passed in 1878

HISTORICAL BACKGROUND OF THE PENAL SYSTEM IN THE PHILIPPINES

The establishment of prisons in the Philippines was formally started during the Spanish regime when Spanish penal laws
contained in royal decrees, ordinances, rules and regulations were extended to the country.

1847 – the Old Bilibid Prison has been operational, main insular penitentiary was constructed and formally opened by
a Royal Decree in 1865.
- CARCEL Y PRESIDIO CORRECTIONAL was formed erected at Mayhaligi St., in Sta. Cruz,
Manila now the present site of Manila City Jail. Insular prisoners
were subjected to all forms of punishment and many prisoners died after few months of detention. 1869 –San
Ramon Prison and Penal Farm in Zamboanga City which was named after the patron Saint of its founder Ramon Blanco
was established primarily to confine political offenders. 1898 - San Ramon Prison was closed during the Spanish-American
War.
- American tried to correct the system by introducing some techniques of handling offenders
humanely.
November 16, 1904 – Iwahig Penal Colony in Palawan was established with 16 prisoners sailed for Palawan to start building the
colony thereat on orders of Governor Forbes, then the incumbent Secretary of Commerce and Police.
1904 - The San Ramon Prison was reopened.
The Reorganization Act of 1905 created the Bureau of Prisons under the Department of Commerce and Police, then
transferred to the Department of Public Instruction and finally placed under the Department of Justice. The three (3) prisons and penal
colonies, Old Bilibid, San Ramon, and Iwahig were placed under the Bureau of Prisons jurisdiction including the Corregidor
Stockade and the Bontoc Prison, which was later, phased out of use. 1916 –proposed Correctional Code was enacted and introduced
leniency for convicted
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prisoners.
1924 – Commonwealth Act No. 3203 established the Reformatory for Boys and Girls.
November 27, 1929 – Correctional Institution for Women in Mandaluyong, Rizal was established by authority
of Act No. 3579
January 21, 1932 – Davao Penal Colony was established in accordance with Act No. 3732 and
Proclamation 414 Series of 1931.
1941 –prisoners from the Old Bilibid Prison was transferred to its present site in
Muntinlupa and renamed the New Bilibid Prison which was later became the main Insular Prison.

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

PENALTY AND THE MODERN PERIOD OF CORRECTION

Penalty – is defined as the suffering inflicted by the State against an offending member for the transgression of
law.

Juridical Condition of Penalty

Punishment must be:

1. Productive of suffering – without however affecting the integrity of the human personality.
2. Commensurate with the offense – different crimes must be punished with different penalties ( Art.25, RPC) 3. Personal
– the guilty must be the one to punished, no proxy.
4. Legal – the consequence must be in accordance with law.
5. Equal – equal for all person
6. Certain – no one must escape its effect.
7. Correctional – changes the attitude of offenders and become law abiding citizens.

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

The Modern Period of Correction

Modern Penal Management incorporates general principles of treating offenders that are based on humane practices such as
the following:
1. Jail or Prison rules shall be applied impartially without Discrimination on ground of race, color, language,
religion or other opinion, national or social origin, property, birth or other status.
2. The religious belief and moral precepts not contrary to law, which the prisoner holds must be respected. 3. Prison or Jail
rules and regulations shall be applied with firmness but tempered with understanding. 4. Custodial force shall, at all
times, conduct themselves as a good examples 5. Abuse or indecent language to prisoners shall not be used.
6. Special care towards inmates shall be practiced preventing humiliation or degredation. 7. No use of force must be made by
any of the custodial force, except in self defense or attempt to escape or incase of passive physical resistance to a lawful order.
8. Custodial force shall bear in mind that prisoner are sick people who need treatment.

JAILS AND OTHER INSTITUTIONS FOR DETENTION

Jail defined
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Jail is a building for the confinement of people who have broken the law or are awaiting trial, especially those convicted of
minor offenses.

Purpose of the Jail - Jails exist for two purposes

a) For temporary holding of persons who are awaiting trial court, but who cannot afford bail, or those who arecharged of
capital offense (punishable with death) where evidence is strong, and being under detention are called “detainees”;
b) Those serving short sentence for minor crimes, or for a period of imprisonment less than three (3) years.

Person under detention or the so-called “detainees”

1.Person who are awaiting trial and who have not been released on bail or on their own recognizance; 2.Important witnesses
who might otherwise disappear;

3.The insane, the feeble-minded, and others who are suffering from mental or physical conditions and who, although they are not
charged with any offense, are being detained for their own protection until some other arrangements can be made for their care.

The Philippine Correctional System

The Philippine Correctional System has two (2) approaches, Institution and Community-Based Approach. The institution-
based has three (3) levels: the national, provincial, and sub-provincial jails and the district, city and municipal jails while the
community-based approach has probation, parole, conditional pardon and release on recognizance as mode of release.

A. Institution-Based Approach
Presently there are three (3) Executive Departments that supervise and control the numerous institutional facilities
nationwide, which provides incarceration and rehabilitation to offenders. These are the Department of Justice (DOJ), Department of
the Interior and Local Government (DILG) and the Department of Social Welfare and Development (DSWD).

B. Community-Based Approach
Not all convicted offenders have to serve their sentence behind bars. Some are allowed to stay in the community,
subject to conditions imposed by the government. They are either granted probation, parole, conditional pardon and
recognizance.

Presidential Decree 765 – enacted last July 16, 1975 creating the Office of the Jail Management and Penology under B/Gen.
Laquian, during that time 18-22% of the annual income of the local government were given to PC/INP as their
salaries and allowances. The city and municipal jails were under the supervision and control of the local PC/INP
and supported by the local government financially.
Republic Act 6975 – “DILG Act of 1990”, which creates the PNP, Fire and Jail Services as separate and distinct bureaus, on
July 1, 1991, BJMP was created under the DILG to supervise and control the administration and operation of all district, city and
municipal jails.

BJMP Manned PNP Manned Total

District Jails 112 4- (CAR) 116
City Jails 68 3- (R4-2 & R6-1) 71
Municipal Jails 264 826 1,090

BUREAU OF JAIL MANAGEMENT AND PENOLOGY

The Jail Bureau shall direct, supervise and control the administration and operation of all district, city and municipal jail to
effect a better system of jail management, nationwide.
MISSION STATEMENT
The BJMP ensure public safety by providing quality jail management services in all district, city and municipal jails through
efficient and humane mechanism for the safekeeping and development of inmates.

VISION
The Bureau of Jail Management and Penology envisions a dynamic and responsive institution, which upholds professional
jail services to promote public safety.

OBJECTIVES: The broad objectives of the Bureau are the following:

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1. To improve the living conditions of inmates in accordance with the accepted standards set by the United Nations;
2. To enhance the rehabilitation and reformation of inmates in preparation for their eventual reintegration into the
mainstream of society upon their release; and
3. To professionalize jail services.

POWERS: The Bureau shall exercise supervision and control over all district, city and municipal jail to ensure ‘ a secured, clean,
sanitary and adequately equipped jail for the custody and safekeeping of city and municipal prisoners, any fugitive from justice or
persons detained awaiting investigation or trial and/or transfer to national penitentiary, and any violent, mentally-ill person who
endangers himself or safety of others.

FUNCTIONS: In line with its mission, the Bureau endeavors to perform the following:
a) Formulate policies and guidelines on the administration of all district, city and municipal jails nationwide;
b) Formulate and implement policies for the programs of correction, rehabilitation and treatment of inmates;
c) Plan and program funds for the subsistence allowance of inmates; and
d) Conduct researches, develop and implement plans and programs for the improvement of jail services
throughout the country. Principles of the BJMP:

1. It is the obligation of the jail authorities to confine offenders safely and provide rehabilitative programs that
will negate criminal tendencies and restore their positive values to make them productive and law abiding citizens.
2. No procedure or system of correction shall deprive any offender of hope for his ultimate return to the fold of the
law and full membership in society.
3. Unless provided otherwise, any person accused of a criminal offense shall be presumed innocent and hisrights, as a
free citizen shall be restricted, except for such indispensable restraints during his confinement in the interest of justice and public
safety.
4. Offenders are human being entitled to the same basic rights and privileges enjoyed by citizens in a free
society, except that the exercise of these rights are limited or controlled for security reasons. 5. Health preservation and prompt
treatment of illness or injury is a basic right of every person confined in jail and it is the duty of jail facilities to arrange for their
treatment subject to the security measures. 6. Members of the custodial force shall set themselves as examples by performing their
duties in accordance with the rules and respect the laws duly constituted autorities.
7. No jail personnel shall be abusive, insulting, indecent languages on the offenders.
8. No jail personnel shall use unnecessary force on offenders except for legitimate self-defense or in cases of
attempted active and passive physical resistance to a lawful order.
9. No penalty shall be imposed upon any offender for violation of rules/regulations unless in accordance in duly
approved disciplinary procedures.
10. Penalties to be imposed shall not be cruel, inhuman, or degrading, and no physical punishment shall be employed
as a correctional measure.
11. Members of the custodial force must be understand that the offenders need treatment and counseling and the
primary purpose of the confinement is for safekeeping and rehabilitation.
12. When conducting routinely custodial guarding, the ratio of 1:7, or one guard for every 7 offenders shall be
observed.
13. When the offender is in transit, the ratio 1:1+1 for every offender shall be observed. In case of high riskoffender
that demands extra precaution additional guards shall be employed. This manning level shall be national in scope for effective jail
administration.
ORGANIZATION AND KEY POSITIONS, ESTABLISHMENT OF DISTRICT, CITY AND MUNICIPAL JAILS:

The Bureau of Jail Management and Penology, also referred to as the jail Bureau, was created pursuant to Section 60, RA 6975, and
initially consisting of uniformed officers and members of the Jail Management and Penology Service as constituted under Presidential
decree 765. The Bureau shall be headed by a Chief with the rank of Director, and assisted by a Deputy Chief with the rank of Chief
Superintendent.
The BJMP, also referred to as the Jail Bureau, was created pursuant to Section 60, R.A. no. 6975,and initially consisting of uniformed
officers and members of the jail management and penology sevice as constituted under P.D no. 765.

The Bureau shall be headed by a chief with the rank of Director, and assisted by a Deputy Chief with the rank of Chief
Superintendent.
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The Central Office is the Command and Staff HQ of the Jail Bureau composed of 3 Command Groups, 6 Coordinating Staff
Divisions, 6 Special Staff Groups and 6 Personal Staff Groups namely:

1. Command Group
- Chief BJMP
- Deputy C/BJMP
- Chief of Staff
2. Coordinating Staff Group
- Administrative Division
- Operation Division
- Logistic Division
- Finance Management Division
- Research Plans and Program Division
- Inspection and Investigation Division
3. Special Staff Groups
- General Service Unit
- Health Services Unit
- Chaplain Services Unit
- Community Services Unit
- Finance Services Unit
- Hearing Office
4. Personal Staff Groups - Aide-de-Camp
- Intelligence Office
- Public Information Office
- Legal Office
- Adjudication Office
- Internal Audit

Regional Office:
At the Regional Level, each Region shall have a designated Assistant regional Director for Jail Management and Penology.

Provincial Level:
In the Provincial Level, there shall be designated a Provincial Jail Administrator to perform the same functions as the ARDs
province wide.

District Office:
In the District Level, where there are large cities and Municipalities, a district jail with subordinate jails, headed by a
Warden may be established as necessary.

City and Municipal Office:

In the City and Municipal level, a city or municipal Warden shall head each jail.

Rank Classification of the BJMP:

RANK POSITION/TILTE APPOINTING AUTHORITY

Director Chief of the BJMP Secretary of DILG C/ Supt. Deputy C/BJMP Same Sn. Supt. Asst. Regional Dir. Same
Supt. Asst. Regional Dir. Same Chief Insp. Warden Under Secretary Sn. Insp. Warden Same Inspector Warden
Same SJO4 to Jail Guard Chief of the BJMP JO1

Duties and Responsibilities:

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A. WARDEN
- Director, Coordination, and Control of the Jail -
Responsible for the:
* Security, Safety, Discipline and well being of inmates

- The office of the Warden may Organize the following units:

1.Intelligence and Investigation Team

- It gathers, collates and submits intelligence information to the office of the warden on matters regarding the jail
condition.
2. Jail Inspectorate Section
- Inspect jail faculties, personnel, prisoners and submit reports to the warden.
3. Public Relation Office
- Maintain public relation to obtain the necessary and adequate public support.

B. ASSISTANCE WARDEN
- The office of the Assistant Warden undertakes the development of a systematic process of treatment. - Chairman of the
Classification Board and Disciplinary Board.

C. ADMINISTRATIVE GROUPS
The administrative groups take charge of all administrative functions of jail Bureau:
1. Personnel Management Branch
- Assignment of Personnel
- Procedures of selection
- Preparation of personnel reports
- Individual record file
2. Records and Statistics Branch
- Keep and maintain booking sheets and arrest reports
- Keep an orderly record of fingerprints and photographs
- Present/prepare statistical data of inmates
3. Property and Supply Branch
- Take charge of the safekeeping of the equipment and supplies and materials needed for the operation of the jail.
4. Budget and Finance Branch
- Take charge all the financial matters such as budgeting, financing, accounting, and auditing.

5. Mess Service Branch

- Take charge of the preparation of the daily menu, prepares and cook the food and serve it to inmates.
6. General Service Branch
- Responsible for the maintenance and repair of jail facilities and equipments. It is also task with the
cleanliness and beautification of jail compound.
7. Mittimus Computing Branch
- Tasked to receive court decisions and compute the date of the full completion of the service of sentence of
inmates.
* Mittimus – Is a warrant issued by the court directing the jail or prison authorities to receive the convicted
offender for service of sentence imposed or for detention.

D. SECURITY GROUPS:

- The security groups provides a system of sound custody, security and control of inmates and their movements and also
responsible to enforce prison or jail discipline.

1. Escort Platoon
a. Escort Section – to escort the inmate upon order of any judicial body; upon the summon of a court; or
transfer to other penal institutions.
b. Subpeona Section – receives and distribute court summons, notices, subpoenas, etc.
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2. Security Platoon – a three 3 working platoon shifts responsible for over all security of the jail compound including
gates, guard post and towers. They are also responsible for the admitting and releasing unit.

E. REHABILITATION PURPOSES GROUPS:

- This group provides services and assistance to prisoners and their families to enable them to solve their individual needs
and problems arising from the prisoner’s confinement.

1. Medical and Health Service Branch

- Provides medical and physical examinations of inmates upon confinement, treatment of sick inmates and conduct
medical and physical examinations and provide medicines or recommends for hospitalization of seriously ill prisoners or
inmates. It also conducts psychiatric or psychological examinations.

2. Work and Education Therapy Services

- It charge of the job and educational programs needed for rehabilitation of inmates by providing them
job incentives so they can earn and provide support for their families while in jail.

3. Socio- Cultural Services

- It takes care of the social case work study of the individual prisoners by making interviews, home
visits, referral to community resources, free legal services, and laison works for the inmates.

4. Chaplaincy Services
- It takes charge for the religious and moral upliftment of the inmates through religious services. These
branch caters to all religious sects.

5. Guidance and Counseling Services

- Responsible for the individual and group counseling activities to help inmates solve their individual problems to
help them lead a wholesome and constructive life.

THE RECEPTION AND DIAGNOSTIC CENTER (RDC)

This is a special unit of prison ( Camp Sampaguita ) where new prisoners undergo diagnostic examination, study
and observation for the purpose of determining the programs of treatment and training best suited to their needs and the institution to
which they should be transferred.

It is composed of the following staff members:

1. The Psychiatric – responsible in the examination of the prisoner’s mental and emotional make- up. 2.
The psychologist – responsible to conduct study on the character and behavior of the prisoners. 3. The Sociologist – study the
social case situation of the individual prisoner.
4. The Educational Counselor – conducts orientation classes to in order to change inmates attitudes towards education and
recommends educational program for the prisoners.
6. The Chaplain – encourage the prisoner to participate in religious activities.
7. The Medical Officer – conducts physical examination and recommends medical treatment of the prisoners. 8. Custodial –
Correctional Officer- recommends the transfer and type of custody of inmates.

THE QUARANTINE CELL OR UNIT

This may be a unit of the prison or a section of the RDC where the prisoner is given through physical examination including
blood test, x-ray, vaccinations and immunity. This is for the purpose of insuring the prisoner is not suffering from any contagious
disease, which might be transferred to the prison population.
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DEFINITION OF TERMS
As used in the Bureau of Jail Management and Penology Manual, the following terms are defined: a.
Commitment Order – A written order of the court or any other competent authority consigning an offender to a jail or
prison for confinement.
b. Contraband – Any article, item, or thing prohibited by law and/or forbidden by jail rules.
c. Escape – an act
of getting out unlawfully from confinement or custody by an inmate.
d. Instrument of Restraint – A device, contrivance, tool or instrument used to hold back, keep in, check or control an
inmate; e.g. handcuffs, leg irons.
e. Jail – A place of confinement for inmates under investigation, awaiting or undergoing trial, or serving sentence.
f. Mittimus – A warrant issued by a court bearing its seal and signature of the judge, directing the jail or prison authorities
to receive inmates for custody or service of sentence imposed therein.
g. Penology – A branch of criminology, which deals with management and administration of inmates.
h. Rehabilitation – A program of activity directed to restore an inmate’s self-respect thereby making a law-abiding citizen
after serving his sentence.
i. Safekeeping – The temporary custody of a person for his own protection, safety or care; and/or his security from harm,
in jury or danger for the liability he has committed.
j. Inmate - Either a prisoner or detainee confined in jail.
k. Detainee – A person accused before a court or competent authority who temporarily confined in jail while undergoing
investigation, awaiting final judgment.
l. Prisoner – An inmate who is convicted by final judgment and classified as insular, provincial, city or municipal
prisoner.
m. Classification – refers to the assigning or grouping of inmates according to their sentence, gender, age, nationality,
health, criminal record and others.

Composition of Jail Classification Board

1. Assistant Warden – Chairman

2. Security Officer – Member

3. Medical Officer
4. Jail Chaplain
5. Social Worker

The classification board shall be tasked with the gathering of information and other data of every inmate into a case
study to determine the work assignment, type of supervision and degree of custody and restrictions.

The disciplinary board is tasked to investigate the facts of the alleged misconduct referred by the warden.
The board is authorized to impose any of the following disciplinary punishment : a. Reprimand
b. Temporary or permanent cancellation of some or all recreational privileges.
c. Cancellation of visiting privileges.
d. Extra fatigue duty.
e. Close confinement in a cell which shall not exceed 7 days.

Rehabilitation Services in Jails

1. Provision of basic needs of inmates
2. Health services
3. Education and Skills training
4. Religious services, guidance and counseling services
5. Recreation, sports and entertainment
6. Work programs and livelihood projects
7. Visitation services
8. Mail services
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COMMITMENT AND CLASSIFICATION OF INMATES

COMMITMENT. – Means the entrusting for confinement of an inmate to a jail by competent court or authority for investigation,
trial and/or service of sentence.

COURT AND ENTITIES AUTHORIZED TO COMMIT PERSON TO A JAIL -The following (courts and entities) are
authorized to commit a person to jail: a) Supreme Court
b) Court of Appeal
c) Regional Trial Court
d) Metropolitan/Municipal Trial Court
e) Municipal Circuit Trial Court
f) Board of Transportation
g) Deportation Board
h) Commission .of Election
i) National Prosecution Service
j) Police Authorities
k) All other administrative bodies as maybe authorized by law

CLASSIFICATION- Refers to assigning or grouping of inmates according to their sentence, gender, age, nationality, health,
criminal records, etc.
CATEGORIES OF INMATES – The two (2) general classes of inmates are:

a) Prisoners

b) Detainees

CLASSIFICATION OF PRISONERS – The four (4) main classes of prisoners are, namely: a) Insular Prisoner – One who is
sentenced to a prison term of three (3) years and one (1) day to death.
b) Provincial Prisoner – One who is sentence to a prison term of six (6) months and one (1) day to three (3) years.
c) City Prisoner – One who is sentence to a prison term of one (1) day to three (3) years. d)
Municipal Prisoner – One who is sentence to a prison term of one (1) day to six (6) months.

Classification of Prisoners According to Degree of Security:

1. Super Maximum Security Prisoners

- A special group of prisoners composed of incorrigible, intractable, and highly dangerous persons who
are the source of constant disturbances even in a maximum security prison.
- They wear Orange color of uniform.
2. Maximum Security Prisoners
- The group of prisoners whose escape could be dangerous to the public or the security of the state.
- It consist of the constant troublemakers but not as dangerous as the super maximum- security
prisoners. Their movements are restricted and they are not allowed to work outside the institution but rather assigned to industrial
shops with in the prison compound.
- They are confined at the Maximum Security Prison ( NBP Main Building ), they uniform.
- Prisoners includes those sentenced to serve sentence 20 years or more, or those whose sentenced are
under the review of the Supreme Court, and offender who are fellow offenders or staff members.

3. Medium Security Prisoners

- Those who can not be trusted in open conditions and pose lesser danger than maximum- security
prisoners in case they escape.
- It consist of groups of prisoners who maybe allowed to work outside the fence or walls of the penal
institution under guards or with escorts.
- They occupy the medium security prisoner (camp Sampaguita) and they wear blue color of uniform.
Generally, they are employed as agricultural workers.
- It includes prisoners whose minimum sentence is less than 20 years and life- sentence prisoners who
served at least 10 years inside a maximum security prison.
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4. Minimum Security Prisoners - A group of prisoners who can be reasonably trusted to serve sentence under open
condition. - This groups includes prisoners who can be trusted to report to their work assignment without the presence of
guard.
- They occupy the minimum security prison (Camp Bukang Liwayway) and wear brown color uniforms.

CLASSIFICATION OF
DETAINEES – The three (3) types of detainees are those
a) Undergoing investigation;
b) Awaiting or undergoing trial ; and
c) Awaiting final judgment.

RECEPTION PROCEDURES
The following procedures should be observed:
a. The Jail Desk Officer shall carefully check the credentials of the person bringing in the inmate to determine hisidentity
and authority.

b. He shall examine carefully the arrest report and the authenticity of the commitment order or Mittimus in dueform to
determine whether the inmate has been committed under legal authority as provided for by Section 3 Rule XIII, Rules of
Court.
c. The admitting officer or jailer shall search carefully the inmate for weapons and other contraband. d. The admitting
officer or jailer shall take all cash and other personal property from the inmate or detainee. Properly receipt the property
of inmates in duplicate.
e. All cash and valuables of inmate must be turned over to Property Custodian or Trust Officer for safekeeping.
f. The inmate shall then be fingerprinted and his photograph taken.
g. The admitting officer or jailer shall accomplish a jail booking report in four (4) copies.

h. The newly admitted inmate shall be thoroughly strip search followed by a careful examination of his clothing for
contraband. He shall be checked for body vermin, cuts, bruises and other injuries. i. The Jail Physician or the Local Health
Officer shall immediately conduct a thorough medical examination of the inmate.
j. When it is not possible for the Jail Physician to be in attendance during the admission of the inmate, thereceiving officer
shall observe the mental alertness, overall appearance and physical abnormalities or appearance of rashes or other
identifying marks of the individual and note them in the inmate’s booking report.
k. A medical record shall be accomplished by the jail physician or Local Health Officer showing the condition of the inmate
at the time of admission, and, to include, if possible, his medical history. l. A social case study shall be made by a social
worker as a basis for the inmate’s classification and proper segregation.
m. The sentenced prisoner shall be provided with clothing. The detainee, for his own safety, may be allowed to wear
civilian clothes.
n. As soon as possible, the inmate should be briefed or oriented on the jail rules and regulations. o.
The Jail Warden shall establish and maintain prison record of all inmates.
p. Upon completion of the reception procedures, the inmate shall be assigned to his quarters. q. If available, the
inmate should be issued all the materials that he will be using during his confinement. r. Detainee is presumed innocent and
shall be treated as such. If possible, he shall be segregated from convicted prisoners.
s. If the inmate agrees to abide by the same disciplinary rules imposed upon convicted prisoners, he shall be asked to
manifest his “Agreement” in writing.
t. Any violation, failure or neglect to perform his assigned work shall be considered sufficient cause for thecancellation of
the “Agreement” and shall not be treated as sentenced prisoner and cease to earn the privilege granted.
u. An inmate who is covered by a “Certification” shall not be required to work but he may be made to polish his
cell or perform other work as may be necessary for hygienic or sanitary reasons. v. The Warden shall submit the
“Agreement” or “Certification”, as the case may be, to the proper court before the date set for the arraignment of the
detainee and same shall form part of the records of the case.
w. Full time credit for the preventive imprisonment shall commence from the date of the “Agreement”.

MANNER OF RELEASING
a. Prisoner may be released by:
1) Service of Sentence;
2) Order of the Court;
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3) Parole;

4) Pardon;
5) Amnesty;
6) Any lawful order of competent authority.
b. If feasible, an inmate shall be notified of his release at least one week before the date of such discharge;
c. Before the inmate is released he shall be properly identified to ensure that he is the same person received andto be
released. His marks and fingerprints shall be verified with those taken when he was received.
d. No inmate shall be released on a mere verbal order or by telephone.
e. An inmate shall be released promptly and without unreasonable delay.
f. Under proper receipt, all money earned and other valuables held in trust when first admitted, shall be returnedto the
inmate upon release.
g. The released inmate shall be issued a Certificate of Discharge from jail by the Warden or Jailer.

CUSTODY, SECURITY AND CONTROL, MOVEMENT AND TRANSFER OF PRISONERS AND

DETAINEES

CONCEPT: The overall concept of jail security operations encompasses both prevention and rehabilitation. These two efforts are
inseparable as neither can be accomplished without the other. Jail security is necessary to safeguard the lives of people residing within
the vicinity, those managing the jails, and inmates whose lives are to be rehabilitated to become constructive members of the society.

DUTIES OF THE CUSTODIAL FORCE

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

SECURITY AND CONTROL

The following guidelines should be strictly observed in jail, security and control:
a. Maintain strict control of firearms. Never permit any firearm inside the jail except in some areas where firearms are
authorized.
b. Maintain 24-hour supervision of inmates.
c. Maintain a system of key control, which shall include an accurate listing of all keys and of receipting them. Never permit
the inmates to handle keys or to study them.
d. Secure firearms and anti-riot equipment in the armory where they shall be within easy reach of the jail guard and yet
afford maximum security against access by offenders.

e. Supervise the proper use of tools and other potentially dangerous articles such as bottles, acids, kitchen knives, etc., and
keep them out of offenders reach when not in use.
f. Conduct regular inmates’ count at least four (4) times within the 24-hour a day-period. Establish procedures,which will
ensure beyond doubt, that every offender is physically present or accounted for, at every count.
g. Conduct frequent surprise searches of offenders and their quarters to detect contraband. h.
Conduct frequent inspections of security facilities to detect tampering or defects. i. Guard
against escapes, assault on jail personnel and inmates’ disturbances.
j. Develop plans dealing with emergencies like escapes, fires, assaults, riots, and noise barrage. Make plans known and
understood by jail personnel.
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k.Never allow a jail guard to open the inmates’ cells alone. At least, another guard should be present. l. Selectcarefully the
inmates to be assigned as orderly or aide and maintain rigid control over their activities. No offender should be allowed to
assume any of the authority, which belongs to the jail staff or shall any inmate be allowed to exercise authority, supervision
and control over other prisoners.

INMATE’S COUNT
It is a part of the institutional procedure that at specified times during each 24-hour period, all inmates are physically
counted, for this type of count, the general procedures are as follows:
a. Each inmate is counted physically at specified times;
b. During the count, all movements of inmates shall cease until the count is completed; c. The count must be
accurate. A positive verification must be made that the inmates are physically present;
d. Result of each of a group of inmates is submitted to the Warden and/or Deputy Warden; and e. If the total jail count does
not tally with the total jail population in any given time, verification shall be made. An immediate report shall be rendered to
the Warden and/or Deputy Warden for any unaccounted inmate.

DINING ROOM SECURITY

a. As a general precaution, individual mess utensils of inmates shall be made of plastics. b. When dining rooms
are provided, the inmates should be marched in column of two’s along designated routes under the supervision of one or two
jail personnel. Other official’s must be stationed along the route to direct the orderly movement of inmates to and from the
mess hall.
c. There must be a roving supervisor to handle occasional disturbances or settle complaints. d. After meals, all utensils used by
the inmate should be collected. This should be strictly supervised by jail personnel to be sure that no utensils are brought out of
the dining room.
e. Forks, spoons and other kitchen utensils should be checked and accounted for after every meal.

MAIL CENSORSHIP
Communication with relatives, friends and lawyers are encouraged among inmates through correspondence. However, this
privilege will be extended to inmates subject to following regulations: a. Duly designated censor, a member of the custodial force will
maintain and record all incoming and outgoing mails of inmates;
b. The inmate’s mail shall be opened and searched only by qualified, trained and authorized jail personnel;
c. Letters containing currency, checks or money should be marked with the amount enclosed and deposited withthe Trust
Officer or Property Custodian.
d. All greeting cards should be carefully examined and fillers of any kind found therein should be collected for laboratory
examination;

e. Photographs clearly within the scope of the jail regulations should be marked on the reversed side and placed in the
envelop;
f. Prison slang, unusual nicknames and sentences with double meaning should be carefully studied and analyzed to
determine the real meanings;
g. All letters containing statements concerning the security or reputation of the jail, like attempts of escape,smuggling of
contraband and statement that may affect the rules and regulations etc., shall be forwarded to the Officer-in-Charge of
mail censorship;
h. All letters passed by censors should bear the stamp at the top of each page and on the envelope. i. Contents of inmate’s
mail should not be discussed with other jail personnel, except for official purposes;

MOVEMENT/TRANSFER OF INMATES
a. Maximum security measures shall be observed at all times in proving escort to non-bailable inmates following the ration
of one is to one plus one (1:1+1) security.
b. Inmates in transit should always be handcuffed.
c. Regard all non-bailable inmates being transferred as extremely dangerous to avoid being careless. d. Always escort an
inmate in going to a toilet or washroom.
e. Escort personnel must have issued firearm and at least one (1) basic load of ammunition. f. Guards/escorts must
follow the most direct route from jail to court and back.

g. Escort should provide their own drinks to avoid being drugged that would affect their sensorium. h. High-risk
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inmates should have back-up vehicle and personnel to preempt rescue and/or abduction. i. A guard must be extra careful not
to sit, stand or walk next to an inmate while carrying a gun as it can be easily grabbed from him.
j. Movement or transfer of inmates shall be treated confidentially.
k. Transporting prisoners by hired vehicle should proceed uninterrupted while passing along the highway.

LEAVES FROM JAIL

Leaves from jail shall be allowed only on very meritorious cases, like the following:
a. Death or serious illness of spouse, father, mother, brother or sister, or children; and b. Inmates who are
seriously ill/injured may be given leave for hospitalization or medical attendance under proper escort.

REHABILITATION SERVICES
PURPOSE – To change inmates’ pattern of criminal behavior and reform them into a law-abiding and productive citizens through
the implementation of rehabilitation programs in jails.

TREATMENT PROGRAMS – The treatment of inmates shall be focused on the provision of services designed to encourage them to
return to the fold of justice and enhance their self-respect, dignity and sense of responsibility as follows:
a. Provisions for basic needs of inmates;
b. Health services
c. Education and skills training;
d. Religious services, guidance and counseling services;
e. Recreation, sports, and entertainment;
f. Work programs, such as livelihood projects;
g. Visitation services; and
h. Mail Services.

THE TREATMENT PROGRAMS

A. The institutionalized Treatment Programs

1. Prison Education – the cornerstone of rehabilitation. It is the process or result of the formal training in School or
classrooms intended to shape the mind and attitude of prisoners toward good living upon their release.

2. Work Programs – these are programs conducive to change behavior in morale by training prisoners for useful
occupation. It is purposely to eliminate idleness on the part of the prisoners, which may contribute to “ Prison Stupor” , and it
affects the incidence of prison riot.

3. Religious Service in Prison – the purpose of this program is to change the attitude of the inmates by
inculcating religious values and belief.

4. Recreational Programs – the only program that is conducted during free time schedule.

5. Medical and Health Service – medical and health services includes: Mental and Physical examination Diagnostic
and Treatment – Immunization – Sanitary – Inspection – Participation in training

6. Counseling and Casework

PROVINCIAL AND SUB-PROVINCIAL JAILS

Provincial Jail System was first established in 1910 under American Regime. Each of the seventy-six (76) provincial jails
supervised and control by their respective provincial government.

Sub-Provincial Jails. There are twenty-one (21) sub-provincial jails and it was also established and constructed by the
Provincial Government to house prisoners whose prison term ranges from six (6) months and one (1) day to three (3) years and other
inmates undergoing court proceedings.

NATIONAL PENITENTIARIES (Bureau of Corrections)

ORGANIZATION
The Bureau of Corrections is under the Department of Justice. It is headed by the Director of Corrections, who is
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authorized to exercise command, control and direction of the following prison facilities and staff offices:

PRISON FACILITIES AND THEIR FUNCTIONS

There are seven (7) correctional facilities of the Bureau of Corrections, which are located all over the country, administered
by its Penal Superintendent.

(1) The New BilibidPrison (NBP) at Muntinlupa City, Metro Manila – This is where the Bureau of Corrections Central Office is co-
located.

3 Security Camps
a. Maximum Security Compound - is for prisoners whose sentences are 20 years
and above, life termers or those under capital punishment, those with pending cases, those under
detention and those that do not fall under medium and minimum security status.(NBP Compound)
b. Medium Security Camp – is for prisoners whose sentences are below 20 years and those classified for colony assignment. (Camp
Sampaguita)
c. Minimum Security Compound – is an open camp with less restrictions and

regimentation. This is for prisoners who are 65 years old and above, medically certified as invalids and for those prisoners who have 6
months or less to serve before they are released from prison. (Camp BukangLiwayway)

The Inmate Reception and Education Center – formerly known as the Reception Diagnostic Center (RDC). It is a prison
facility within the Medium Security Compound of the New Bilibid Prison. It receives all newly committed national male prisoners
and it is the entry point of all incoming prisoners who will be subjected to classification and distribution to the operation institutions.
Concurrently is has been charged with the responsibility of providing education and training of inmates at the Medium Security
Compound of NBP.

(2) The Correctional Institution for Women (CIW) at Mandaluyong City, Metro Manila – is the only facility for national female
prisoners in the country.

(3) The Iwahig Prison and Penal Farm at Puerto Princesa City, Palawan – this farm is predominantly designed for agro-industrial
activities. Within its area are four (4) sub colonies
administered by a Penal Supervisor.

4 Sub-Colonies
a. Central Sub-colony
b. Montible Cub-colony
c. Sta. Lucia Sub-colony
d. Inagawan Sub-colony

(4) The Sablayan Prison and Penal Farm at Sablayan, Occidental Mindoro – this penal farm is intended for agro-industrial
activities.

4 Sub-Colonies
a. Central Sub-colony
b. Pasugui Sub-colony
c. Pusog Sub-colony
d. Yapang Sub-colony

(5) The Leyte Regional Prison at Abuyog, Leyte – is a prison facility which has a receiving and processing station. Because of
its terrain, prison agro-industrial activities could
not be fully-develop.

3 Security Facilities
a. Maximum Security Camp
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b. Medium Security Camp

c. Minimum Security Camp

(6) The San Ramon Prison and Penal Farm at Zamboanga City – a prison facility intended to confine Muslim prisoners. This
penal farm is designed to promote agro industrial activities. It has a Receiving Station of its own and three (3) security
facilities.
3 Security Facilities
a. Maximum Security Camp
b. Medium Security Camp

c. c. Minimum Security Camp

(7) The Davao Prison and Penal Farm at Tagum, Davao Del Norte – a prison facility for medium security prisoners only. This
penal farm is where the banana concession provides
for the biggest market for prison manpower.

Name of Facility Location Date Established Land Area

1. New Bilibid Prison Muntinlupa City 1941 531 hectares

2. Correctional Mandaluyong City 1931 13 hectares

Institution for Women

3. Iwahig Prison and Puerto Princesa City, November 16, 1904 34,295 hectares
Penal Farm Palawan

4. Sablayan Prison Sablayan, Occidental September 27, 1954 16,190 hectares

and Penal Farm Mindoro

5. Leyte Regional Prison Abuyog, Leyte January 16, 1973 861 hectares

6. San Ramon Prison Zamboanga City 1870 1,026 hectares

and Penal Farm

7. Davao Prison and Panabo, Davao Del Norte January 21, 1932 5,932 hectares
Penal Fram

COMPETENT AUTHORITY TO COMMIT A PERSON TO CORRECTIONS

The following are competent institutions authorized to commit a person to prison:
a. Supreme Court
b. Intermediate Appellate Court (Court of Appeals)
c. Regional Trial Court
d. Sandiganbayan
e. Military Courts
f. Sahr’ia Courts

Other authorities that can commit a person to Corrections:

a. Congress
b. Commission on Election
c. Commission on Immigration and Deportation
d. Board of Pardons and Parole

RECEIVING PRISONERS
a. Upon arrival, the prisoner is ushered in the Receiving Office of the Inmate Reception and Education
Center at the New Bililbid Prison and other prisons authorized to admit prisoners.
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b. The following documents shall be presented accordingly by the party escorting the prisoner:
1.Commitment Order (Mittimus)
2. Court Decision of the Case
3. Information
4. Certificate of Detention
5. Detainees Manifestation
6. Certificate of Non- Appeal
7. Certificate of No Pending Case

c. Thereafter, thorough routine inspection of articles in his possession is made.

d. Unauthorized articles such as bladed weapons are receipted and reflected in their respective prison record.
e. Drugs and other forms of medicines are turned over to the Medical Officer for proper administration. f.
The receipted unauthorized articles are returned to the prisoner upon, release, transfer to other prison or upon request, to be
given to his visitor to be brought back to his home.
g. His identification as a prisoner is established by - (1) His rolled fingerprint card
(2) His photograph
(3) His prison number
h. Thereupon, he is taken to the quarantine cell and physically prepared for the following: (1)Staff interview on
religious, education, sociological and vocational matters
(2) Medical Examination
(3) Psychological testing
(4) Initial security classification

i. Issuance of uniforms and other equipment. Each prisoner is provided with the following articles for which he
isheld responsible and accountable:

(1) Two (2) regulation uniform suits and two (2) T-shirts
(2) One (1) blanket
(3) One (1) mat and pillow
(4) One (1) aluminum plate
(5) One (1) mosquito net
j. The prescribed uniform color shall be based on the prisoners security status as follows: (1)
Maximum Security – Green (Orange)
(2) Medium Security - Green
(3) Minimum Security – Gray

PRISONERS PRIVILEGES
a. Good conduct time allowance to reduce his prison sentence.
b. To write and send letters to his family and friends
c. To receive authorized visitors on any day except Fridays and Saturdays
d. To attend or participate in any entertainment or athletic competition in the facility
e. To read books and other reading materials in the Prison Library
f. To smoke cigar and cigarettes, except in prohibited places
g. To receive gifts and prepared food from his visitors, subject to inspection

SEGREGATION OF PRISONERS
The proper segregation of prisoners shall be maintained in all places of confinement. As far as practicable, there shall be
separate and distinct facilities for inmates under the following categories: 1. Sentenced prisoners who are First
Offenders
3. Detention prisoners
4. Juvenile prisoners
5. Habitual delinquents and recidivist
6. Sexually disoriented prisoners
7. Infirmed, aged, and invalids
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8. Patients or sick prisoners

9. Mentally abnormal or insane

The different categories of prisoners shall be confined in appropriate institutions with due consideration on their sex, age,
criminal record, the legal basis for their detention and the requirements of their treatment thus: 1. Male and female shall be detained in
separate institutions
2. Prisoners under trial shall be separated from convicted prisoners
3. Youth offenders shall be confined separately from adult offenders

CLASSIFICATION OF PRISONERS
Every institution in the Bureau of Corrections must maintain an organized system of classifying prisoners. Accordingly,
each prisoner shall be classified and assigned a security category as follows:

(1) Maximum Security Prisoners are prisoners who escape would be highly dangerous to
the public or the police or to the security of the country. Under this category as follows:
a. Prisoners whose sentence are 20 years or more;
b. Remand or detention prisoners and those whose sentence are under review by the Supreme Court; c. Recidivist
and escapees.

(2) Medium Security Prisoners are prisoners who can not be trusted in open conditions
and pose less danger to society if they escape.
a. Prisoners whose minimum sentence are less than 20 years
b. Those that have been processed and recommended by the Reclassification Board to be downgradedfrom
maximum to medium security or upgraded from minimum to medium security. This includes first offenders
who have serve 5 years of good conduct in maximum security facilities.

(3) Minimum Security Prisoners are prisoners who can be reasonably trusted to serve their
sentence in open conditions. Under this category are:
a. Invalids or prisoners who have physical handicaps in normal movement, hearing, seeing or feeling.
b. Prisoners who are aged preferably 65 years old and above.
c. Prisoners who 6 months more to serve before the expiration of their minimum sentence.

PRISONERS AUTHORIZED TO GO OUT OF THE PRISON

A prisoner may be taken out of prison in any of the following instances.
1. For appearance in court or other government agencies.
2. For medical treatment or examination
3. For viewing the remains of relatives
a. Pursuant to Executive Order No. 70 only medium and minimum security prisoners may be allowed to view the
remains of the immediate members of their families within the second degree of consanguinity as follows:
1. Wife/Husband
2. Children
3. Brother and Sister
4. Father or Mother
5. Grandchildren
6. Grandparent

b. The prisoner shall be allowed more or less three (3) hours to view the deceased in the place
where the remains lie in state.
c. The escort guards shall observe all escort procedures to prevent untoward incidents. d. The
privilege may be enjoyed only if the deceased relative is in a place within a radius of thirty (30)
kilometers.
e. The relatives of the prisoners shall present the Death Certificate of the deceased relative and Birth Certificate or
Marriage Contract id the deceased is a direct relative or wife.
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CARE AND TREATMENT OF PRISONERS

The purpose of providing adequate care and variety of proper treatment to prisoners is to eliminate their pattern
of criminal behavior and reform them to be law-abiding and constructive citizens.

TREATMENT PROGRAMS
The treatment of prisoners shall focused on the provisions of services designed to encourage and enhance the
inmates’ self-respect, dignity and sense of responsibility. Toward these ends, the bureau shall provide the following treatment
programs and services: Basic needs of prisoners;
a. Medical and dental services
b. Education and skills training;
c. Religious services, guidance and counseling services;
d. Recreation and sports activities;
e. Work programs;
f. Visitation services; and
g. Mail and other postal services.

RELEASE OF PRISONERS
The release of the prisoner is the official act of discharging from the custody of the prison of a prisoner who has served his
prison sentence or ordered to be released by competent authority. 1. The following are authorized to order or approve the release of
prisoners:
a. The Supreme Court of the Philippines or lower court in cases of acquittal of the
accused prisoner or grant of bail.
b. The President of the Philippines in cases of executive clemency or amnesty.
c. The Board of Pardon and Parole in parole cases
d. The Director of the Bureau of Corrections upon expiration of the sentence of the
prisoner.

2. The Director of the Bureau of Corrections shall strictly comply with the following provisions of the Revised Penal Code
regarding the release of prisoners:
a. No prisoner shall be made to serve more than three (3) times of the most severe penalty that is imposed upon
him, but in no case shall be made to serve more than forty (4) years.
b. Prisoner with computed forty years of service of sentence shall actually serve more or less 28 years.
c. A prisoner sentenced to life imprisonment shall serve a sentence equivalent to thirty (30) years excluding good
conduct time allowance that he may earn for good behavior.
d. No prisoner upon expiration of his prison sentence shall be released by the Superintendent or Head
of a prison without the approval of the Director.
e. All prisoners convicted by the courts to serve sentences in national prisons shall be granted good conduct time
allowance including those whose cases are on appeal.

GOOD CONDUCT TIME ALLOWANCE OF PRISONERS [REPUBLIC

ACT NO. 10592]

AN ACT AMENDING ARTICLES 29, 94, 97, 98 AND 99 OF ACT NO. 3815, AS AMENDED, OTHERWISE KNOWN AS
THE REVISED PENAL CODE
ART. 97. Allowance for good conduct. – The good conduct of any offender qualified for credit for preventive imprisonment pursuant
to Article 29 of this Code, or of any convicted prisoner in any penal institution, rehabilitation or detention center or any other local jail
shall entitle him to the following deductions from the period of his sentence:

“1. During the first two years of imprisonment, he shall be allowed a deduction of twenty days for each month of good behavior
during detention;

“2. During the third to the fifth year, inclusive, of his imprisonment, he shall be allowed a reduction of twenty-three days for each
month of good behavior during detention;
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“3. During the following years until the tenth year, inclusive, of his imprisonment, he shall be allowed a deduction of twenty-five days
for each month of good behavior during detention;

“4. During the eleventh and successive years of his imprisonment, he shall be allowed a deduction of thirty days for each month of
good behavior during detention; and

“5. At any time during the period of imprisonment, he shall be allowed another deduction of fifteen days, in addition to numbers one
to four hereof, for each month of study, teaching or mentoring service time rendered.

“An appeal by the accused shall not deprive him of entitlement to the above allowances for good conduct.” SEC.

4. Article 98 of the same Act is hereby further amended to read as follows:

“ART. 98. Special time allowance for loyalty. – A deduction of one fifth of the period of his sentence shall be granted to any prisoner
who, having evaded his preventive imprisonment or the service of his sentence under the circumstances mentioned in Article 158 of
this Code, gives himself up to the authorities within 48 hours following the issuance of a proclamation announcing the passing away
of the calamity or catastrophe referred to in said article. A deduction of twofifths of the period of his sentence shall be granted in case
said prisoner chose to stay in the place of his confinement
notwithstanding the existence of a calamity or catastrophe enumerated in Article 158 of this Code
EXECUTIVE CLEMENCY
It is the authority of the President of the Philippines to suspend the execution of penalty, reduce the sentence
and extinguish criminal liability.

FORMS OF EXECUTIVE CLEMENCY

a. Reprieve – or temporary suspension of the execution of sentence extended to a prisoner who is
meted capital punishment or death penalty.
b. Commutation– or reduction of sentence.
c. Grant of Pardon for exceptional good behavior or as a reward for demonstrated heroism, courage,
or loyalty to the institution or the government.

Types of Pardon
(1) Conditional Pardon when a prisoner is pardoned under certain administrative requirements like reporting monthly
to a judge for a certain number of years.

(2) Absolute Pardon when the offense and the penalties imposed on a prisoner is extinguished and his civil and
political rights are fully restored.

PRISONERS ELIGIBLE FOR PARDON

1. Prisoners who are 65 years and above and who have served at least 3 years of their prison sentence but in no
case shall they exceed 70 years old.
2. Prisoners who are invalids or afflicted with incurable or serious diseases.

3. Prisoners who are medically diagnosed as having at least 2 years of mental abnormality. 4.
Prisoners who have served the following prison sentences:
a. At least 8 years of their life sentence in cases of simple crimes.
b. At least 10 years of their life sentence in cases of complex crimes.
c. At least 12 years of their 2 or more life sentences.
d. Parole is the form of release granted to a prisoner by the Board of Pardons and Parole in accordance with the
Indeterminate Sentence Law.
* Prisoners who have served their minimum sentence are entitled to parole.
* Prisoners who are recidivists, habitual delinquents and escapees are not eligible for parole.

MANNER OF RELEASING PRISONERS

a. A period of orientation shall be undertaken for all prisoners eligible for release.
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b. Before a prisoner is released, he shall be properly identified.

c. No prisoner shall be released merely on the strength of authority relayed through telegram or telephone.
d. Prisoners shall be released promptly and without unreasonable delay.
e. Upon release of national prisoner, he shall be supplied by the Bureau of Corrections, with transportation
fare
to his home, including a gratuity to cover the cost of subsistence en route, and a suit of decent traveling clothes.
f. A national prisoner shall 30 days before his scheduled date of release, be transferred to Separation and Placement
Center for purposes of re-orientation with the ways of free society.

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