Corad Notes Manlangit

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CORRECTIONAL ADMINISTRATION

By: Alvin Manlangit

CA 1 – INSTITUTIONAL CORRECTION

Correction
• Correction is also known as penitentiary science
• A branch of the Criminal Justice System (4th pillar) concerned with the custody, supervision and
rehabilitation of criminal offenders.
• It is that 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.
• It is the study of jail/prison management and administration as well as the rehabilitation and reformation
of criminals.
• It is a generic term that includes all government agencies, facilities, programs, procedures, personnel,
and techniques concerned with the investigation, intake, custody, confinement, supervision, or treatment
of alleged offenders.

Correctional Administration
• The study and practice of a systematic management of jails or prisons and other institutions concerned
with the custody, treatment, and rehabilitation of criminal offenders.

Penology
• Penology is otherwise known as Penal Science.
• It is the branch 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.
• The study of punishment for crime or of 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.

Penal Management
• Refers to the manner or practice of managing or controlling places of confinement as in jails or prisons.

The Primary Schools of Penology (school of thought)

Classical School
• It maintains the “doctrine of psychological hedonism” or “free will”.
• That the individual calculates pleasures and pains in advance of action and regulates his conduct by
the result of his calculations.
Neo-Classical School
• It maintained that while the classical doctrine is correct in general, it should be modified in certain
details.
• Children and lunatics cannot calculate the differences of pleasures from pain, they should not be
regarded as criminals, hence they should be free from punishment.

Positivist/Italian School
• Denied individual responsibility and reflected non-punitive reactions to crime and criminality.
• It adheres that crimes, as any other act, is a natural phenomenon.
• Criminals are considered as sick individuals who need to be treated by treatment programs rather than
punitive actions against them.

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, 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 include Criminal Law), especially has offered the most adequate basic
concepts which sharply define, in concise and inconsistent terminology, mature rules and a complete system,
logical and firm, tempered with a high sense of equity.

Try and try until you die and if you die at least nag-try
Code of Hammurabi
• The first formal law dealing with the concept of justice as Lex Taliones “An Eye for an Eye and a Tooth
for a Tooth”.
• Hammurabi, the king of Babylon during the 18th century BC, is recognized as the first codifier of laws
• The Code was carved in stone
• Under the principle of the law of talion, the punishment should be the same as the harm inflicted on the
victim

Justinian Code
• 6th Century A.D., Emperor Justinian of Rome wrote his code of law.
• 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.
• This revived Roman law, in return, became the foundation of law in all civil law jurisdiction (Corpus Juris
or Body of Civil law)

Twelve Tables
• (XII Tabulae), (451-450 BC) – represented the earliest and private law of the Romans until the time of
Justinian.
• It is also a collection of legal principles engraved on metal tablets and set up on the forum.

Code of Draco
• This is a harsh code that provides the same punishment for both citizens and the slaves as it
incorporates primitive concepts.
• It is said that the Greeks were the first society to allow any citizen to prosecute the offender in the name
of the injured party.
• The draconian laws were most noteworthy for their harshness; they were said to be written in blood,
rather than ink.
• Death was prescribed for almost all criminal offenses.

Code of Solon
• Revise or abolish the older laws of the code of Draco, except the law of homicide
• The first to see that the lawgiver had to make laws that applied equally to all citizens and also saw that
the law of punishment had to maintain proportionality to the crimes committed.

Burgundian Code
• Originated about 500 A.D., specified punishment according to the social class of offenders, dividing
them into: nobles, middle class and lower class and specifying the value of the life of each person
according to social status.

Code of kalatiao/kalatiaw
• In year 1433
• The code origin from Negros to the Panay Province of Aklan
• Emphasizes on family and cultural values
• Employ harsh punishment for violation of this law
• most punishment are flogging, boiling, drowning to death

JUSTIFICATIONS OF PUNISHMENT
1. Retribution – 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. Offenders 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. Punishment is imposed to warn potential offenders that they cannot afford
to do what the offender has done.

4. Incapacitation and Protection – the public will be protected if the offender has being held in
conditions where he cannot harm others especially the public. Punishment is affected by placing
offenders in prison so that society will be ensured from further criminal depredations of criminals.

Try and try until you die and if you die at least nag-try
5. Reformation or Rehabilitation – it is the establishment of the usefulness and responsibility of the
offender. Society’s interest can be better served by helping the prisoner to become law abiding citizen
and productive upon the return to the community by requiring him to undergo intensive program of
rehabilitation in prison.

ANCIENT FORM OF PUNISHMENT

1. PILLORY – the public did by throwing rotten egg, dirt from the streets, dead cat ect.

2. WHIPPING POST – similar to pillory, whipping cart and walk to town

3. STOCKS – heavy timber with holes cut in them to hold arm and legs.

4. FURCA – putting to death by nailing or binding to cross, the hand and feet widespread and the furca
place on the neck

5. QUARTERING – four horses pull in different direction

6. GUILLOTINE – blade is raised with a rope and then allowed to drop and severing the head from the
body.

Capital punishment - the infliction of the death penalty upon a person who committed a serious crime such as
firing squad, garrote, beheading, electrocution

Corporal punishment – the infliction of torture or brutal punishment.

SOME OF HISTORICAL PRISONS:


1. Mamertine Prison - early Roman place of confinement which is built under the main sewer of Rome in 64
B.C.

2. Underground Cistern (Greek “box or basket”) a waterproof receptacle for holding liquids, usually water.
Prisoners will starve to death.

3. New Gate Prison – is the abandoned copper mine located at Sinsbury Connecticut, wherein the inmates were
being confined underground and considered as a “black hole of horrors”.

4. Sing-Sing Correctional Facility


It is maximum security prison operated by the New York State Department of Corrections and Community
Supervision in the village of Ossining, in the U.S. state of New York. It is located about 30miles (50km) north of
New York City on the east bank of the Hudson River.

5. Walnut Street Jail – originally constructed as a detention jail in Philadelphia. It was converted into a state
prison and became the first American Penitentiary.

6. Bridewell Institution - Law that was enacted during the reign of King Henry VII (1509-1947) under his
daughter Elizabeth I. It mandates that beggars should be return to their birth place, kept in jail or house of
correction until they could be put to work. These became later the basis of transportation of criminals beyond the
seas, as an alternative to corporal punishment.

7. Galleys - Long, low, narrow, single decked ships propelled by sails, usually rowed by criminals. A type of ship
used for transportation of criminals in the 16th century

8. Hulk Prison - These were abandoned warships converted into prisons as means of relieving congestion of
prisoners. They were also called “floating hells”.

9. Elmira Reformatory - is considered forerunner of modern penology because it had all the elements of a
modern system. It was established a link between the community-based program and the penal institution. Also
called as “The Hill or Junior”

10. Alcatraz- (the rock) was designed to hold prisoners who continuously caused trouble at other federal
prisons.
A “Last Resort Prison" to hold the worst of the worst criminals who had no hope of rehabilitation.
At 9:40am on August11, 1934, the first batch of 137 prisoners arrived at Alcatraz

Try and try until you die and if you die at least nag-try
• James Aloysius Johnston “Old Saltwater” - The first and longest warden of Alcatraz
• Olin “Gypsy or Blackie” G. Blackwell – The fourth and final or last warden of Alcatraz
• James V. Bennett–Wrote about the closing of Alcatraz.
• Frank Morris, Clarence Anglin and John Anglin – successfully escaped Alcatraz Prison

THE TWO RIVAL PRISON


AUBURN SYSTEM (1819) - Confinement of the prisoners in a single cell at night and congregate work in shops
during the day. (Adopted by United States). “CONGREGATE SYSTEM”

PENNSYLVANIA SYSTEM (1829) - Confinement of prisoners in their own cells day and night (adopted by
European Countries). “SOLITARY SYSTEM”

Later part of the 18th Century - Considered as the great transition and also known as the “Age of Reason or
Age of Enlightenment”

18th Century - Considered to be one of the most brutal ages for punishing criminals. A combination of
the old and new system. Flogging was the most popular method of corporal punishment. Hanging is publicly
done just like a scenario in a carnival.

PIONEERS OF REFORMATORY MOVEMENT:


• Zebulon Brockway – The Director of the Elmira Reformatory in New York (1876) who introduced
certain innovational programs like the following: training school type-compulsory education of prisoners-
casework methods- extensive use of parole-indeterminate sentence.

• John Howard – the sheriff of Bedfordshire in 1773 who devoted his life and fortune to prison reform.
As a young man he traveled to Europe hoping to help in the relief of Lisbon after the disastrous
earthquake of 1755. He was captured by the French and was held prisoner for two months in conditions
of great barbarity. Lucky he was returned to England as exchange prisoner. (died on typus or jail fever
in Russia).
Howard’s Recommendations;
✓ Single Cells for sleeping
✓ Segregation of women
✓ Segregation of youth
✓ Provisions of sanitations facilities
✓ Abolition of fee system by which jailers obtained money from prisoners.

• Alexander Maconochie – He is the Superintendent of the penal colony at Norfolk Island in Australia
(1840) who introduced the “Mark System”. A system in which a prisoner is required to earn a number of
marks based on proper department, labor and study in order to entitle him for a ticket for leave or
conditional release which is similar to parole. (Father of Parole)

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

• Frederic-Auguste Demetz (Domets of France) – established an agricultural colony for delinquent


boys in 1839 providing housefathers as in charge of these boys. The system was based on reeducation
rather than force. When discharge the boys were place under the supervision of a patron.

• Sir Evelyn Ruggles Brize – The Director of the English Prison who opened the Borstal Institution for
young offenders. The Borstal Institution is considered as the best reform institution for young offenders
today.

• 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. (Father of parole in Ireland)

• Zebulon Brockway – The Director of the Elmira Reformatory in New York (1876) who introduced
certain innovational programs like the following: training school type-compulsory education of prisoners-
casework methods- extensive use of parole-indeterminate sentence. (Father Of Parole In USA)

HISTORY OF PHILIPPINE FACILITY (PRISON)

Try and try until you die and if you die at least nag-try
- Articles 1706 - 1727 of the Revised Administrative Code as amended “Prison Law” Or also known
“Correctional System”
.
BILIBID PRISON 1847 - (formerly known as CARCEL Y PRESIDIO CORRECTIONAL)
On OROQUIETA STREET IN MANILA. It was formally opened on April 10, 1866 by a Royal Decree. This is
located at the then famous “May Haligue Estate” at nearby Central Market in Azcaraga St. and intensively for
boys town but now it is currently known MANILA CITY JAIL

7 PENAL INSTITUTIONS IN THE PHILIPPINES


1. SAN RAMON PRISON AND PENAL FARM - It was considered the oldest penal facility in the country. On
August 21, 1870, was established to confine MUSLIM REBELS and POLITICAL PRISONERS OPPOSED TO
THE SPANISH RULE. It is located at Zamboanga City founded by Spanish Capt. Ramon Blanco with 1,546
hectares, the main product is copra and others like rice corn, coffee, cattle and livestock. Temporary closed on
1898 during the American Spanish war and Reopen 0n 1904, when victorious American grabbed position to
the Philippines.

2. IWAHIG PRISON AND PENAL FARM - Americans established in Nov. 04, 1904 the IUHIT PENAL
SETTLEMENT (now Iwahig Prison and Penal Farm). An institution for incorrigibles ordered of Governor Forbes
and suggested by Gov. Luke E. Wright Located at Puerto Princesa Palawan with total area of 36, 000 hectares
but for now expanded to 41, 007 hectares by virtue of E.O 67 issued by Governor Newton Gilbert on October
15, 1912. It was from this facility that the term “PRISON without WALLS” has its beginnings.

Divided into 4 sub- colonies;


• Sta. Lucia
• Inagawan
• Montible
• Central
Tagumpay Settlement – The 1,000 hectares land is distributed to release inmates who wish to settle for good
in Palawan. Each released prisoner awardee is given a six- hectares farm lots as homesteaders.

3. NEW BILIBID PRISON –In Muntinlupa City, Is the main insular penitentiary designed to house the prison
population of the Philippines. On November 15, 1940, all inmates of the Old Bilibid Prison in Manila were
transferred to the new site and it was officially named the New Bilibid Prison on January 22, 1941. The prison
reservation had an area of 552 HECTARES, part of which was arable. The prison compound proper had an
area of 300 x 300 meters or a total of nine hectares. It was surrounded by three layers of barbed wire. NBP is
considered as the biggest prison in the world because the number of prisoners.
Outside of the compound there are two (2) Satellite:
• Camp Sampaguita - MEDIUM SECURITY, RDC, YRC.
• Camp Bukang Liwayway - MINIMUM SECURITY (Open institution)

4. DAVAO PRISON AND PENAL FARM (formerly known as Davao Penal Colony or DaPeCol) was
established on January 21, 1932 in Davao Del Norte, founded by Gen. Paulino Santos. It has a land area of
30, 000 hectares. The biggest Abaca plantation in the country & a major Banana producer with an area of
3,000 hectares. On October 7, 1931 Governor Dwight Davis signed proclamation 414 which reserve as the site
for Penal Colony in Davao Province and on January 21, 1932 by virtue of Act 3732 the Davao Penal Colony
was formally established.

Two Sub – Colony (PK)


• Panabo Tagum Development Company (TADECO Sub – Colony)
• Kapalong Sub – Colony

Tanglaw Settlement- released prisoners of said colony are relocated as homesteaders.

5. SABLAYAN PRISON AND PENAL FARM – is located in Occidental Mindoro. Established on September 26,
1954 by virtue of Presidential Proclamation 72, the penal colony has a total land area of approximately 16, 190
hectares. Prison record show that the first colonist and employees arrived in Sablayan on January 15, 1955.

Four Sub – Colony (CPPY)


• Central Sub – Colony
• Pusog Sub – Colony
• Pasugui Sub – Colony
• Yapang Sub - Colony

Try and try until you die and if you die at least nag-try
6. CORRECTION INSTITUTION FOR WOMEN (CIW) - Its old name was “WOMEN’S PRISON”. On Nov. 27,
1929 Establishment of the Correctional Institution for Women in Mandaluyong City under Act No. 3579, the CIW
has a total land area is 18 hectares. In 1934, the position of FEMALE SUPERINTENDENT was made for the
operation of this penal facility.
CIW in Davao, Mindanao is the most recent facility organized in the BUCOR. It was only inaugurated in
September 18, 2007, the second institution which branched out the first and only penal establishment dedicated
in rehabilitating female offender.

7. LEYTE REGIONAL PRISON – the LRP, situated in Abuyog, Southern Leyte, was established on January 16,
1973 on the order issued under martial law by President Ferdinand E. Marcos. The LRP has an inmate capacity
of 500. It follows the same agricultural format as the main correctional program in addition to some rehabilitation
activities. It is considered as the youngest Prison in the Philippines.

Note: “National Correctional Consciousness week” EVERY LAST WEEK OF OCTOBER

MAXIMUM (uniform Tangerine) MEDIUM (uniform Blue) MINIMUM (uniform Brown)


MAIN BUILDING CAMP SAMPAGUITA, RDC/DRD CAMP BUKANG LIWAYWAY

1. with a sentence of 20 years 1.with a sentence of below 20 1. physically handicapped


above years 2. 65 years old above
2. high risk 2. 2 records of escapes served 3. with a sentence of 6 months or
3. Habitual Delinquent 8years less
4, Criminally Insane 3. 1 record of escape served 5 4. served ½ of maximum sentence
5. Escapee 5years
6. Life imprisonment 4. 1st timer offender with a
sentence of life imprisonment
served 5 years

BUREAU OF CORRECTIONS (BUCOR)


 The Bureau of Prisons was established on November 1, 1905 under the Department of Public Instruction
through Reorganization Act 1407 of the Philippine Commission until it was transferred to the Department
of Justice (DOJ).
 The prison law incorporated in chapter 45 of the Revised Administrative Code of 1917.
 Section 26 of the Administrative Code of 1987 issued November 23, 1989 under Proclamation no. 495
of the President of the Philippines change the name of the Bureau of Prison to Bureau of Corrections.
(E.O. 292)
 On May 24, 2013, President 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.

Appointing Authority in Bureau of Corrections (BuCor)


• Corrections Officer I to Corrections Chief Superintendent
- Appointed by the Director General of Corrections
- Attested by the Civil Service Commission (CSC)

• Director General of Corrections and Deputy Director of Corrections


- Appointed by the President
- Recommendation of the Secretary of the DOJ
- Endorsement by the Chairman of the CSC

POSITION RANK
DIRECTOR GENERAL UNDER SECRETARY

3 DEPUTY DIRECTORS ASSISTANT SECRETARY


ADMINISTRATION, SECURITY AND OPERATION,
REFORMATION

CORRECTION CHIEF SUPERINTENDENT CHIEF SUPERINTENDENT

CORRECTION SENIOR SENIOR SUPERINTENDENT


SUPPERINTENDENT/REGIONAL
SUPERINTENDENT

CORRECTION SUPERINTENDENT/COLONY SUPERINTENDENT


SUPERINTENDENT

Try and try until you die and if you die at least nag-try
Directorates
• Directorate Security and Operations - Basic needs and security
• Directorate for Receptions and Diagnostics (DRD) – Reception and Classification of inmates
• Directorate for External Relations (DER) - Prepare inmates for reintegration to mainstream society and
Pre-Release and Post-Release Programs
• Directorate for Inmate Documents and Records and Directorate for Personnel – Inmates and
Personnel Records also responsible for computerization system.
• Directorate for Engineering Service – It ensuring continuous operation and maintenance of all facilities
and equipment to provide reliable and competent security support capability

Reformation of National Inmates


• Directorate for Work and Livelihood (DWL) – work and livelihood program
- refers to the administration of skills development programs on work and livelihood to achieve self-
sufficiency of inmates.
• Directorate for Sports and Recreation (DSR) – sports and recreation program
- refers to the administration of physical and recreation engagement to achieve mental alertness and
physical agility in the spirit of sportsmanship.
• Directorate for Health and Welfare Services (DHWS) – health and welfare program
- refers to the administration of proper nutrition, hygiene, sanitation, cleanliness, and promotion of good
health to inmates.
• Directorate for Education and Training (DET) - Education and Training Program
- refers to the administration of formal and non-formal education and skills development of inmates.
• Directorate for Moral and Spiritual Welfare (DMSW) -Moral and Spiritual Program
- refers to the moral and spiritual values formation of inmates which include the practice of one’s
religion and beliefs.
• Directorate for Behavior Modification (DBM) - Behavior Modification Program

PERSONNEL BUILD-UP OF BUCOR


• CUSTODIAL personnel to inmate ratio - 1:7
• REFORMATION personnel to inmate ratio - 1:24
• EDUCATION AND TRAINING personnel to inmate ratio - 1:120
• WORK AND LIVELIHOOD personnel to inmate ratio - 1:180
• MORAL AND SPIRITUAL personnel to inmate ratio - 1:240
• SPORTS AND RECREATION personnel to inmate ratio - 1:225
• HEALTH AND WELFARE personnel to inmate ratio - 1:80
• BEHAVIOR MODIFICATION personnel to inmate ratio - 1:150

BUREAU OF JAIL MANAGEMENT AND PENOLOGY (BJMP)

➢ Republic Act 6975 - the Department of the Interior and Local Government (DILG). Sec. 60 the Bureau
of Jail Management and Penology was created On January 2, 1998.
➢ Republic Act 9263 – An act shall be known as the “BFP and BJMP Professionalization act of 2004”.
Amending certain provisions of RA 6975.
The BJMP exercises administrative and operational jurisdiction over all district, city and municipal jails.
• Municipal Jail – not more than 6 months
• City Jail – One Day to Three years
• District Jail – One day to Three years (BJMP Manual 2015)
• Provincial Jail – Six (6) months and One (1) day to three (3) years - Provincial Jail in the Philippines is
not under the Jurisdiction of the Bureau of Corrections or Bureau of Jail Management and Penology.
They are managed and controlled by the Provincial Government.

Director Charles Mondejar - The first Chief of the BJMP upon its creation who took his oath of office on July 1,
1991.

VISION - The BJMP envisions itself as a dynamic institution highly regarded for its sustained humane
safekeeping and development of inmates.

MISSION - The Bureau aims to enhance public safety by providing humane safekeeping and development of
inmates in all district, city and municipal jails.

Try and try until you die and if you die at least nag-try
ADMINISTRATIVE GROUP
 PERSONNEL MANAGEMENT BRANCH
A. Assignment of Personnel
B. Procedures of Selection
C. Preparation of Personnel report
D. Individual record file
 PROPERTY AND SUPPLY BRANCH - Take charge of the safekeeping of equipment and supplies and
material needed for the operation of the Jail
 RECORDS AND STATISTIC BRANCH
A. Keep and maintain booking sheets and arrest report
B. keep an orderly record of fingerprints and photographs
C. Present/prepare statistical data of inmates
 BUDGET AND FINANCE BRANCH - take charge of all financial matters such as budgeting, financing,
accounting, and auditing
 MESS SERVICE BRANCH - Take charge of the preparation of the daily menu, prepares, and cook
the food and serve it to inmates.
 GENERAL SERVICE BRANCH - Responsible for the maintenance and repair of jail facilities and
equipment. Its also task with the cleanliness and beautification of the jail compound
 MITTIMUS COMPUTING BRANCH - tasked to received court decisions and compute the date of the
full completion of the service of sentence of inmates
 PREVENTIVE DISCIPLINE – is the prompt correction of minor deviations committed by prisoner before
they become serious violations
 CONTROL – it involves supervision of prisoners to ensure punctual and orderly movement from one
place work program or assignment to another.
 CONTROL CENTER – is a centrally located and elevated facility.
This is where the central alarm located when there is riot.

CORE VALUES -The BJMP’s officers and staff are guided by the following core values:
A. Commitment - strong sense of dedication to the ideals of the organization and to the public that it serves;
B. Respect for Human Rights - to promote and protect the rights of our fellow human beings;
C. Efficiency/Competence - mastery of important skills for delivery of quality services;
D. Cooperation - willingness to share efforts in implementing plans and achieving goals; and
E. Teamwork - the combined effective action of all personnel.

Appointing Authority in Bureau of Jail Management and Penology (BJMP)


Rank Appointing Authority Recommendation Attestation or Endorsement

Jail Officer I

To Regional Director none Attested by CSC

Senior Jail Officer IV

Jail Officer I

To Chief, BJMP (NHQ) none Attested by CSC

Senior Jail Officer IV

Jail Inspector

To Chief, BJMP Immediate superior Attested by CSC

Superintendent

Senior Superintendent Secretary, DILG Chief, BJMP Attested by CSC

Chief Superintendent

To President Secretary, DILG Endorsed by Chairman, CSC

Jail Director

Try and try until you die and if you die at least nag-try
RA 10592 – An Act Amending Articles 29, 94, 97, 98 and 99 of act 3815, As Amended, Otherwise known
as the RPC (approved on May 29, 2013)

Good Conduct Time Allowance (GCTA)


• The good conduct of any offender qualified for credit for preventive imprisonment or 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 to reduction of
twenty-three days for each month of good behavior during detention
3) During the following years until the tenth year, 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 to deduction
of thirty days for each month of good behavior during detention
5) During the period of imprisonment, he shall be allowed another deduction of fifteen days, for each
month of study, teaching or mentoring service time rendered.

• GCTA of detainee – detainee shall only be granted GCTA if he voluntarily offers in writing to perform
such labor as may be assigned to him
• An appeal by the accused shall not deprive him of entitlement to the above allowances for good conduct.
• The new IRR of GCTA law now categorically excludes heinous crime convicts like Sanchez from the
benefits of the GCTA law (Recidivists, habitual delinquents, escapees, heinous crimes and an
accused who, upon being summoned for the execution of his sentence has failed to surrender
voluntarily before a court of law).

Special Time Allowance for Loyalty


• A deduction of one-fifth of a period of sentence shall be granted to any prisoner who, having evaded
his preventive imprisonment or the service of his sentence, gives himself up to the authorities within 48
hours following the issuance of a proclamation announcing the passing away of the calamity or
catastrophe.
• A deduction of two-fifth of the period of his sentence shall be granted in case said prisoner choose to
stay in the place of his confinement notwithstanding the existence of a calamity or catastrophe.

Who Grants Time Allowances?


• Director of Bureau of Corrections
• Chief of the Bureau of Jail Management and Penology
• Warden of a Provincial, District, Municipal or City Jail

RA 10159 – An Act amending article 39 of Act 3815, As Amended, otherwise known as the RPC
Subsidiary Penalty – if convict has no property with which to meet the fine, he shall be subject to a subsidiary
personal liability at the rate of one day for each amount equivalent to the highest minimum wage rate
prevailing in the Philippines at the time of the rendition of judgment of conviction by the trial court

Leaves from prison


 60 days before election and 30 days after election no release of prison.
 Death = leave should only be allowed for medium and minimum risk prisoner (immediate
relative/legitimate spouse) apply two days before and allowed within 30 kilometers radius by land
 3 days before interview with minimum and medium

RIOTS OR DISTURBANCE
• 1 ST GROUP – anti riot assault with shields, head gear, gas mask and baton to disperse the rioters and
leaders (no F/A)
• 2ND Group – Back up group may use teargas.
• 3rd Group - fire arms team, use fa’s with permission of the guard in charged command group (trained to
handled gun).

Disciplinary Actions
 BJMP - Disciplinary Board (resolves issues within 48 hours)
 BUCOR – Board of Discipline (resolve issues within 5 working days)
 Reprimand - lowest penalty for violation in prison

Try and try until you die and if you die at least nag-try
CLASSIFICATION OF INMATES AS TO ENTITLEMENT TO PRIVILEGES
THIRD CLASS INMATE – those who have been previously committed as a sentenced prisoner for three times
or more except cases involving nonpayment of fines, or those whose classification were reduced from higher
class

SECOND CLASS INMATE – newly arrived inmates committed for the first time, or demoted from higher class
or promoted from lower class

FIRST CLASS INMATE – one whose known character and credit for work while still in detention earned
classification to this class, or one who was promoted from lower class

COLONIST – a classified first class inmate for at least one year immediately preceding his classification as such,
and has served with good conduct, at least 1/5 of his maximum sentence, or has served 7 years in case of life
sentence (colonist is automatically 10 years deduction in case of life imprisonment)
According to Status:

According to PD 29
• Insular or National Prisoner = those who sentence is 3yrs and one day to death or fine is more than
six thousand pesos (P6,000.00), or both
• City/ Provincial Prisoner = those whose sentence is less than 3 years or fine is less than six
thousand pesos (P6,000.00) but more than two hundred pesos (P200.00) or both

Diversification
 It is an administrative device of correctional institutions of providing varied and flexible types of physical
plants for the more effective custody, security and control treatment programs of its Diversification
populations.
 It is the principle of separating homogenous type of prisoner that requires special treatment and custody.
 Separation can be done through proper classification of inmates.
Factors considered in Diversification
 AGE – prisoner who are 17 years old and below should be segregated from older groups to prevent the
youthful offenders from becoming hardened criminals.
 SEX – Female and Male are separated away in separate institution.
 MEDICAL OR MENTAL CONDITIONS – Mentally ill, sexual deviates physically handicapped and
hospital patients need to be segregated from the prison population because each group needs special
kinds treatments
 DEGREE OF CUSTODY – is the most used factor for diversification that is the extent of strict keeping
necessary for the prison in confinement.

CLASSIFICATION
 It is a process of determining the needs and requirement of prisoners for assigning them to programs
according to their needs and existing resources.
 The process of assigning or grouping of inmates according to their sentence, gender, age, nationality,
health, criminal records and other pertinent facts as basis.
 A method by which diagnosis, treatment, planning and execution of treatment programs are coordinated
to an individual.
 The process of assigning inmates to types of custody or treatment programs appropriate to their needs.

PROCEDURES OF CLASSIFICATION (60 days)


a. DIAGNOSIS – a stage where the prisoners case history is taken and his personality studied.
- Through examinations and observations, the nature and extent of the person’s criminality is determined
and it shall be the basis for the formulation of his rehabilitation program.
b. TREATMENT PLANNING – involves the formulation of a tentative treatment program best suited to the
needs of the individual prisoner, based on the findings
c. EXECUTION OF THE TREATMENT PROGRAM - the actual application of the treatment program
designed for the prisoner
d. RE-CLASSIFICATION – the process of monitoring the response of the prisoner to the treatment program
and the conduct of review of previous findings as compared to new information currently available.
e. Confinement in a cell, provided that this punishment shall be imposed only in the case of an incorrigible
inmate, when other disciplinary measures had been proven ineffective; and, (BJMP 7 days in
disciplinary cell) (BUCOR 1 – 2 months)
f. Transfer to another BJMP jail in the area, in coordination with the court.

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SECTION 3. DUTIES AND FUNCTIONS OF THE CLASSIFICATION BOARD
The Classification Board is tasked to conduct background investigation of inmates to determine the work
assignment, type of supervision and degree of custody and restrictions under which an inmate must live in jail.

Section 4. DISCIPLINARY BOARD


A disciplinary Board shall be organized and maintained by jails for the purpose of hearing disciplinary cases
involving any inmate who violate jail rules and regulations. It shall be composed of the following:

CHAIRMAN DEPUTY WARDEN/ASSISTANT WARDEN


Member Chief, Custodial / Security Officer
Member Medical Officer /Public Health Officer
Member Jail Chaplain
Member Inmates, Welfare and Development Officer
Member Inmate’s Representative

Types of report that may initiate Disciplinary Action


 BEHAVIOR REPORT – report that includes both bad attitude as well as exceptionally good work habit.
This is intended to call attention of the inmate act such as lack of self-control.
 MISCONDUCT REPORT – it carries every violation of laws or rules. Every case shall include an
investigation and heard by the BOARD

PUNISHABLE ACTS - An inmate is strictly prohibited from committing any of the following acts:

1. MINOR OFFENSES:
a. Selling or bartering with fellow inmate(s) those items not classified as contraband;
b. Rendering personal service to fellow inmate(s);
c. Untidy or dirty personal appearance;
d. Littering or failing to maintain cleanliness and orderliness in his/her quarters and/or surroundings;
e. Making frivolous or groundless complaints;
f. Taking the cudgels for or reporting complaints on behalf of other inmates;
g. Reporting late for inmate formation and inmate headcount without justifiable reasons; and
h. Willful waste of food.

2. LESS GRAVE OFFENSES:


a. Failure to report for work detail without sufficient justification;
b. Failure to render assistance to an injured personnel or inmate;
c. Failure to assist in putting out fires inside the jail;
d. Behaving improperly or acting boisterously during religious, social and other group functions;
e. Swearing, cursing or using profane or defamatory language directed at other persons;
f. Malingering or pretending to be sick to skip work assignment;
g. Spreading rumors or malicious intrigues to besmirch the honor of any person, particularly BJMP personnel;
h. Failure to stand at attention and give due respect when confronted by or reporting to any BJMP personnel;
i. Forcing fellow inmates to render personal service to him/her and/or to others;
j. Exchanging uniforms or wearing clothes other than those issued to him/her for the purpose of circumventing
jail rules;
k. Loitering or being in an unauthorized place;
l. Using the telephone without authority from the desk officer/warden;
m. Writing, defacing, or drawing on walls, floors or any furniture or equipment;
n. Withholding information, which may be inimical or prejudicial to the jail administration;
o. Possession of lewd or pornographic literature and/or photographs;
p. Absence from cell, brigade, place of work during headcount, or at any time without justifiable reason; and
q. Failure to turn over any implement/article/s issued after work detail.

3. GRAVE OFFENSES:
a. Making untruthful statements or lies in any official communication, transaction, or investigation;
b. Keeping or concealing keys or locks of places in the jail which are off-limits to inmates;
c. Giving gifts, selling, or bartering items with jail personnel;
d. Keeping in his/her possession money, jewelry, cellular phones or other communication devices and other
items classified as contraband under the rules;
e. Tattooing others or allowing him/her to be tattooed on any part of the body, or keeping any paraphernalia to
be used in tattooing;
f. Forcibly taking or extorting money from fellow inmates and visitors;
g. Punishing or inflicting injury or any harm upon himself/herself or other inmates;
h. Receiving, keeping, taking or drinking liquor and prohibited drugs;

Try and try until you die and if you die at least nag-try
i. Making, improvising or keeping any kind of deadly weapon;
j. Concealing or withholding information on plans of attempted escapes;
k. Unruly conduct and flagrant disregard for discipline and instructions;
l. Escaping, attempting or planning to escape from the institution or from any guard;
m. Helping, aiding or abetting others to escape;
n. Fighting, causing any disturbance or participating therein and/or agitating to cause such disturbance or riot;
o. 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;
p. Willful disobedience to a lawful order issued by any BJMP personnel;
q. Assaulting any BJMP personnel;
r. Damaging any government property or equipment;
s. 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;
t. Affiliating with any gang or faction whose main purpose is to foment regionalism or to segregate themselves
from others;
u. Failing to inform the authorities concerned when afflicted with any communicable disease, such as
tuberculosis, sexually-transmitted diseases, etc.;
v. Engaging in gambling or any game of chance;
w. Committing any act which violates any law or ordinance, in which case, he/she shall be prosecuted
criminally in accordance with law; and
x. Committing any act prejudicial to good order and discipline.

CATEGORIES OF INMATES
A. Prisoner - inmate who is convicted by final judgment; and
B. Detainee - inmate who is undergoing investigation/trial or awaiting final
C. Inmate – refers to person confined in jails/prisons to serve his/her sentence or for safekeeping who is
officially called Person Deprived of Liberty (PDL)

Escape-Prone Inmates - are inmates who are likely and have the tendency to escape from the jail facility.

High Risk Inmates in BJMP Jails - are those considered as highly dangerous or with high probability of
escaping or being rescued because of the gravity of the crimes they are accused of or have a propensity for
being troublemakers or initiators of jail riots and disturbance and who require a high degree of control and
supervision. Particularly included herein are those charged with heinous crimes, such as murder, terrorism,
kidnap for ransom, violation of R.A. No. 9165, the imposable penalty for which is from life imprisonment to
death, etc. These also include those who have a record of escaping from jails, recidivists, habitual delinquents,
and those with severe personality or emotional disorders that make them dangerous to their fellow inmates or
the jail personnel.

High Risk Inmate - those who are considered highly dangerous and who require a greater degree of security,
control and supervision because of their deemed capability of escape, of being rescued, and their ability to
launch or spearhead acts of violence inside the jail. This includes those charged with heinous crimes such as
murder, kidnapping for ransom, economic sabotage, syndicated or organized crimes, etc. Also included are
inmates with military or police trainings or those whose life is in danger or under imminent threat.

High Profile Inmates in BJMP Jails - are those who are not necessarily charged with heinous crimes but are
prominent figures in society or public figures whose cases have drawn public interest.

High Profile Inmate - those who require increased security based on intense media coverage or public
concern as a result of their offense such as but not limited to those who have been involved in a highly
controversial or sensationalized crime or those who became prominent for being a politician, government
official, multi-million entrepreneur, religious or cause-oriented group leader and movie or television personality.

High Value Target (HVT) - a target, either a resource or a person, who may either be an enemy combatant,
high ranking official or a civilian in danger of capture or death, typically in possession of critical intelligence,
data, or authority marked as an objective for a mission and which a commander requires for the successful
completion of the same.

Infirmed Inmates - are those inmates who are physically or mentally weak for a prolonged period of time
specifically caused by age or illness.

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Jail - is a place of confinement for city and municipal detainees/prisoners, any fugitive from justice, or person
detained awaiting or undergoing investigation or trial and/or pending transfer to the National Penitentiary,
and/or violent, mentally ill person who endangers him/herself or the safety of others, duly certified as such by
the proper medical or health officer, pending transfer to a mental institution.

Jail Aide – is an inmate who requires less supervision than other inmates. Although he/she may be assigned
special tasks, he/she has no special privileges, and is not allowed to work alone nor exercise any authority
over other inmates.

Jailbreak - the escape from jail by more than two (2) inmates by the use of force, threat, violence or deceit or
by breaching security barriers such as by scaling the perimeter fence, by tunneling and/or by other similar
means or by burning or destructing of the facility or a portion of the facility with or without the aid of jail officer
or any other person.

Jail escape - it is an act of leaving from jail of an inmate through unofficial and illegal ways or without any legal
order from the authorities.

CONTRABAND - Anything prohibited by the law and or forbidden by jail rules that would pose as security
hazards or endanger the lives of inmates
A. Illegal contraband – are those that are unlawful in themselves and not because of some extraneous
circumstances (dangerous drugs, weapons, potential weapons, explosives)
B. Nuisance contraband – are those that may not be classified as illegal under the Philippine laws but are
forbidden by jail/prison rules (cellphone, money or other commodities of exchange such as jewelry,
appliances and gadgets, intoxicating liquors, cigarettes, porn

WHO IS IN CHARGED IN CARRYING THIS RESPONSIBILITY


• The PRISON CUSTODIAL DIVISION - Is charged of all matters pertaining to the custody of the prisoners
and security of the institutions.

Composition of Prison Custodial Division:


 SECURITY OFFICERS – commanding Officers
 SUPERVISING PRISON GUARD – supervise groups of guard details of several posts
 SENIOR PRISON GUARD – take charge of squad or escort guard assigned to important post such as
the control gates
 PRISON GUARD – lowest in Rank assigned to sentinel post such as Guard Houses and Gates

Transfer of Inmates
✓ Transfer of inmate to another prison – An inmate may be transferred by the Director upon the
recommendation of superintendent concerned to another imprisonment facility to bring said inmate
to closer to his family or as part of his rehabilitation program.
✓ Transfer of inmates to provincial jail and vice versa – the president of the Philippines may direct,
as the occasion may require, the transfer of inmates from a national prison to a provincial jail or vice
versa

CA 2 - NON-INSTITUTIONAL CORRECTION (Community-based Corrections)


By: Alvin Manlangit

Purpose of Non – Institutional Correction


• Decongest the prisons
• Lessen government expenses
• Increase tax collection
• The offender’s family need not suffer
• Crime becomes less hard to control
• Rehabilitation will be more effective
• Provide individualized treatment

Agencies handle community-based correction


• Parole and Probation Administration (PPA)
✓ Headed by Administrator

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✓ Handles the Investigation petitioners for Probation & Supervision of Probationer, Parolees, and
Conditional Pardonees.
✓ Hon. Teodulo Natividad was the first Administrator

• Board of Pardons and Parole (BPP)


✓ Headed by Chairman (Secretary of justice)
✓ To grant parole to qualified prisoners
✓ To recommend to the president the grant of pardon and other forms of executive clemency
✓ To authorize the transfer of residence of parolees and pardonees, order their arrest and recommitment
or grant their final release and discharge.

• Department of Social Welfare and Development (DSWD)


✓ Headed by Secretary
✓ renders services for Children in Conflict with the Law (CICL)

FORMS OF COMMUNITY- BASED CORRECTION

I. PROBATION

• It is a disposition under which a defendant, after conviction and sentence, is released subject to conditions
imposed by the court and to the supervision of a probation officer
• Probation is a substitute for imprisonment, the probationer is compared to an out-patient, a sick person
who does not need to be hospitalized because his illness is considered less serious.
• Probation is a privilege granted by the court to a person convicted of a criminal offense to remain in the
community instead of actually going to prison/jail.

Development of PROBATION
• PROBATION - A term coined by John Augustus, From the Latin verb "probare" - to prove, to test.

• England - It is where probation started in a form of suspending judgment and releasing offender on his
own Recognizance (ROR) with the promise not to commit any more crime.
• United States- Probation was practiced by John Augustus (Boston Shoemaker) in 1841 although
the first probation law was passed in Massachusetts 1878 but was widely used only upon the passage
of the First Juvenile Court law of Cook Country in Chicago in 1899.
Important Personalities in Probation
1. Matthew Davenport Hill (1792-1872)
• English lawyer and penologist
• Known as the father of probation in England
2. John Augustus (1785-1859)
• A shoemaker/bootmaker
• Father of Probation in US
• His effort led to the 1st probation legislation in the United States in 1878
• Coined the word Probation
3. Edward N. Savage
• An ex-chief of police of Boston
• Was named probation officer, thus becoming the first probation officer employed by the government
4. Teodulo S. Natividad
• Father of Philippine Probation

Act No. 4221 of the Phil. Assembly (Probation Act)


• First probation law in the Philippines.
• This act became effective on August 7, 1935
• The Supreme Court declared this Act unconstitutional on November 16, 1937
• Case of People vs. Vera
• The People of the Philippine Islands and Hong Kong & Shanghai Banking Corporation, petitioners, vs.
JOSE O. VERA, Judge of the Court of First Instance of Manila, and MARIANO CU UNJIENG,
respondents.
• Unconstitutional because it denies the equal protection of the laws and constitutes an unlawful delegation
of legislative power and, further, that the whole Act is void: that the Commonwealth is not estopped from
questioning the validity of its laws

Presidential Decree 968 “Adult Probation Law of 1976”


o Reestablished the adult probation law which was signed by President Ferdinand Marcos

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o Approved July 24, 1976. “Probation law of 1976
o January 3, 1978 was took effect
o Congressmen Teodulo C. Natividad and Ramon D. Bagatsing introduced House Bill No. 393 during their
last months in Congress. Passed in the Lower House, this was pending in the Senate when Martial Law
was proclaimed in 1972. April 24, 1976 Draft the decree by NEPTALI GONZALES

Related laws and legal basis:

Presidential Decree No 1257 (approved on December 1, 1977)


• Allowing public prosecutors to participate in the probation process by directing them to make a comment
on the application for probation.
• The court shall resolve the application for probation not later than fifteen days after receipts of said report
• Probation may be granted after conviction but before service of sentence

Batas Pambansa Blg.76 (signed June 9, 1980)


• Extending the benefits of probation to convicted offenders whose prison sentence imposed was six years
and one day.
• Formerly, it was only for those convicted offenders whose prison sentence is six years.

Presidential Decree No.1990 (promulgated on October 15, 1985)


• No application for probation shall be entertained or granted if the defendant has perfected the appeal
from the judgment of conviction.
• Bring back the qualification to 6 years and below
• Appeal is a waiver for probation

Republic Act 10707 (Approved on November 26, 2015)


• Who have previously been convicted by final judgment of an offense punished by “imprisonment of not
more than six (6) months and one (1) day”
• No application for probation shall be entertained or granted if the defendant has perfected the appeal
from the judgment of conviction: Provided, when the judgment of conviction imposing a non-
probationable penalty is appealed or reviewed, and such judgment is modified through the
imposition of a probationable penalty, the defendant shall be allowed to apply for probation based
on the modified decision before such decision becomes final.

Probation may be granted whether the sentence imposes a term of imprisonment or a fine only. An
application for probation shall be filed with the trial court. The filing of the application shall be deemed
a waiver of the right to appeal.

“An order granting or denying probation shall not be appealable.”

Republic Act 9165 (Approved on June 7, 2002)


• SECTION 24. Non-Applicability of the Probation Law for Drug Traffickers and Pushers. - Any
person convicted of drug trafficking or pushing under the Act, regardless of the penalty imposed by the
court, cannot avail of the privilege granted by the Probation Law or Presidential Decree No. 968, as
amended.
• Offenders found guilty of violating R.A. No. 9165, The Comprehensive Dangerous Drugs Act of 2002,
except Sections 12, 14, 17, 57 and 70.
• SECTION 12. Possession of Equipment, Instrument, Apparatus and Other Paraphernalia for
Dangerous Drugs
• SECTION 14. Possession of Equipment, Instrument, Apparatus and Other Paraphernalia for
Dangerous Drugs during Parties, Social Gatherings or Meetings.
• SECTION 17. Maintenance and Keeping of Original Records of Transactions on Dangerous Drugs
and/or Controlled Precursors and Essential Chemicals.
• SECTION 57. Probation and Community Service Under the Voluntary Submission Program.
• SECTION 70. Probation or Community Service for a First-Time Minor Offender in Lieu of Imprisonment.

Executive Order 292


• Also changed the name of the agency to Parole and Probation in order to reflect the change in its
mandate. In 1991, the Parole and Probation Administration was assigned the new task of conducting pre-
parole and executive clemency investigation in all city and provincial jails and prepare pre-parole reports
for the Board of Pardons and Parole.

Purpose of Probation

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• Promote the correction and rehabilitation of an offender by providing him with individualized treatment.
• Provide an opportunity for the reformation of a penitent offender.
• Prevent omission of offense.

The benefits or advantages of Probation


• The government spends much less when an offender is released on probation than that offender be
placed behind bars (jails/prisons).
• The offender and the offender’s family are spared the embarrassment and dishonor of imprisonment.

Terms in Probation
• Petitioner – a convicted defendant who files a formal application for probation.
• Probationer- a person place on probation.
• Probation Officers- one who investigates for the court and supervise to the probationer
• Absconding Probationer – a person whose probation was granted but failed to report for supervision
within the period ordered by the court or his location is unknown.
• Absconding Petitioner – a convicted defendant whose application for probation has been given due
course by the court but fails to report to the probation office within 72 hours for initial interview or his
location is unknown and cannot located w/ reasonable time

Requirements on how to avail the benefits of P.D 968, as amended


• Section 8. Criteria for Placing an Offender on Probation. In determining whether an offender may be
placed on probation, the court shall consider all information relative, to the character, antecedents,
environment, mental and physical condition of the offender, and available institutional and community
resources. Probation shall be denied if the court finds that:
a. the offender is in need of correctional treatment that can be provided most effectively by his
commitment to an institution; or
b. there is undue risk that during the period of probation the offender will commit another crime; or
c. Probation will depreciate the seriousness of the offense committed.

Application for Probation


• The application for probation shall be filed by a sentenced or convicted offender whose sentence is not
more than 6 years imprisonment.
• It shall be filed with the court that tried and sentenced the offender.

Procedures in applying for Probation


1. The offender or his counsel files a petition with the convicting court.
2. The court determines convict qualifications within 15 days and notifies the prosecutor of the filing of the
petition
3. The prosecutor submits his comments on such application within 10 days from receipt of the notification
4. If petitioner is qualified, his application is referred to the probation officer for post sentence investigation
5. The post-sentence investigation report is submitted by the probation officer to the court within 60 days
6. The court grants or denies the petition for probation within 15 days upon receipt of the PSIR.

Disqualified Offenders. The benefits of this Decree shall not be extended to those:
a. Sentenced to serve a maximum term of imprisonment of more than six years;
b. Convicted of any Crime against the National Security;
c. Who have previously been convicted by final judgment of an offense punished by imprisonment of not
less than six months and one day and/or a fine of not less than Two Hundred Pesos;
d. Who have been once on probation under the provisions of this Decree; and
e. Who are already serving sentence at the time the substantive provisions of this Decree became
applicable pursuant to Section 33 hereof.

VIOLATION OF THE FOLLOWING SHALL DISQUALIFY AN OFFENDER TO AVAIL OF THE BENEFITS OF


PD 968, AS AMENDED
1. Video Gram Law (PD 1987) amended by “Republic Act No. 9239 Optical Media Act of 2003"
2. Omnibus Election Code (Section 264 of BP 881)
3. Wage Rationalization Act, as amended (R.A 6727)
4. Comprehensive Dangerous Drugs act (R.A 9165) as amended by R.A. 10640 except:
5. Youth Under PD 603
6. Already Serving His Sentence (Lapse Of 15 Days)

Conditions of Probation. Every probation order issued by the court shall contain conditions requiring that the
probationer shall:

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• present himself to the probation officer designated to undertake his supervision at such place as may be
specified in the order within seventy-two hours from receipt of said order;
• Report to the probation officer at least once a month at such time and place as specified by said officer.

The court may also require the probationer to:


• cooperate with a program of supervision;
• meet his family responsibilities;
• devote himself to a specific employment and not to change said employment without the prior written
approval of the probation officer;
• undergo medical, psychological or psychiatric examination and treatment and enter and remain in a
specified institution, when required for that purpose;
• pursue a prescribed secular study or vocational training;
• attend or reside in a facility established for instruction, recreation or residence of persons on probation;
• refrain from visiting houses of ill-repute;
• abstain from drinking intoxicating beverages to excess;
• permit to probation officer or an authorized social worker to visit his home and place of work;
• reside at premises approved by it and not to change his residence without its prior written approval; or
• Satisfy any other condition related to the rehabilitation of the defendant and not unduly restrictive of his
liberty or incompatible with his freedom of conscience.

Outside Travel
• A Probation Officer may authorize a probationer to travel outside his area of operational/territorial
jurisdiction for a period of more than ten (10) days but not exceeding thirty (30) days.
• A Probationer who seeks to travel for up to thirty (30) days outside the operational/territorial jurisdiction
of the Probation Office shall file at least five (5) days before the intended travel schedule a Request for
Outside Travel (PPA Form 7) with said Office properly recommended by the Supervising Probation
Officer on case and approved by the CPPO.
• If the requested outside travel is for more than thirty (30) days, said request shall be recommended by
the CPPO and submitted to the Trial Court for approval.
• Outside travel for a cumulative duration of more than thirty (30) days within a period of six (6) months
shall be considered as a courtesy supervision

Modifications of Conditions for Probation (Dau)


• At any time during supervision
• After summary hearing when the probationer violated any of its conditions
• Upon application by the probation officer or the probationer himself

If the probationer committed a crime while under probation, what would be the consequences?
1. The probationer will be arrested for violation of the condition of probation
2. Prosecution of the new crime committed
3. The court will order the serving of the original sentence of the previous offense

How long is the period for probation?


1. Not more than 2 years if the sentence is imprisonment for 1 year or less
2. Not more than 6 years if the sentence is imprisonment for more than 1 year but not more than 6 years

What are the ways of terminating probation?


1. After period of probation with satisfactory compliance with conditions of probations
2. Other ways of terminating probation:
a. Termination before the expiration of the period (served at least 1/3 of the imposed period but not less
than 6 months)
b. Termination by pardon of the probationer
c. Deportation of the probationer – when an alien on probation is deported, probation will necessary be
terminated
d. Death of probationer

II. PAROLE

• Refers to the conditional release of an offender from a correctional institution after he has served the
minimum of his prison sentence;
• A method by which a prisoner who has served a portion of his sentence is conditionally released but
remains in legal custody, the condition being that in case of misbehavior, he shall be imprisoned.
PAROLE - French word “PAROLE D’ HONEUR” meaning “Word of Honor or Promise”.

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1837 - FIRST PAROLE LAW WAS PASSED IN MASSACHUSETTS. At the same time Captain Maconochie in
charge of the English Penal Colony in Norfolk Island, Australia, introduce a system whereby a prisoner was given
a “TICKET OF LEAVE” (the equivalent of parole) after earning a certain required number of marks.

Parole in the Philippines


• ACT 4103 - Otherwise known as the “Indeterminate Sentence Law”, took effect on December 5, 1933.
• AMENDED BY E.O. 83, SERIES OF 1937 -Gave the “Board” the authority to advice the Chief
Executive on the course/s of action to take on petitions for executive clemencies.
• RENAMED THE BOARD OF INDETERMINATE SENTENCE TO BOARD OF PARDON.
• OCTOBER 4, 1947 -EXECUTIVE ORDER 94 TOOK EFFECT. ALSO KNOWN AS THE
“REORGANIZATION LAW OF 1947” which abolished the Board of Pardons and created the Board of
Pardons and Parole.

WHAT IS DIFFERENCE BETWEEN DETERMINATE SENTENCE WITH AN INDETERMINATE SENTENCE?


• Under determinate sentencing, the criminal must serve the entire sentence. The date of release
remains objective
• Under indeterminate sentences, a criminal will serve a range of years as determined by judge. The
minimum time period is usually set and after the minimum sentence passes.

Who Grants Parole?


Board of Pardon and Parole (BPP)
• Grants parole and recommend to the President the grant of any form of executive clemency to
deserving prisoners or individuals
• Reviews reports submitted by the Parole and Probation Administration (PPA) and make necessary
decisions
• A functional unit under the Department of Justice.

Members of the BPP


• Headed by Secretary of Justice who shall be its Chairman
• Six (6) Members:
1. Administrator of PPA
2. A sociologist,
3. A clergyman
4. An educator
5. Person with training and experience in correction work
6. A member of the bar
• At least one member of the board shall be a woman
• Appointed by the President for 6 years
Difference between Board of Pardon and Parole, and Parole and Probation Administration
BPP PPA
UNDER DOJ UNDER DOJ

READ THE REPORTS OF PPA CONDUCTS PSI AND SUPERVISION

APPROVES PAROLE SUBMITS REPORT TO COURT AND BPP

RECOMMENDS EXECUTIVE CLEMENCIES CENTRAL OFFICE FOR PPO’S

How to Apply for Parole?


• Petitions for parole shall be addressed to the Chairman or to the Executive Director of the Board.
• However, the Board may, motu proprio, consider cases for parole, commutation of sentence or
conditional pardon of deserving prisoners whenever the interest of justice will be served thereby.

Summary on Parole Procedure


1. Granted by Board of Pardon and Parole (BPP)
2. Upon serve the full minimum sentence
3. Referral “Request to Investigate”
4. Parole and probation Officer
5. Pre-Parole Investigation (PPI) 30 days
6. Pre-Parole Investigation Report (PPIR)
7. BPP (Grant or Deny)
 Granted – Parole Supervision
 Denied – serve the remaining unexpired portion of the maximum sentence

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8. Condition (Mandatory and Other)
 Mandatory – within 45 days report
9. Condition (Comply or Non-Comply)
 Complied – Submission of Summary Report
 Non-Complied – Infraction (new Violation) or Violation report (violate condition)
10. Order of Arrest and Recommitment (OAR)
11. Certificate of Final Release and Discharge (CFRD) (complied)

Disqualification For Parole - The following prisoners shall not be granted parole:
• Those convicted of an offense punished with Death penalty, Reclusion Perpetua or Life imprisonment;
• Those convicted of treason, conspiracy or proposal to commit treason or espionage;
• Those convicted of misprision of treason, rebellion, sedition or coup d'etat;
• Those convicted of piracy or mutiny on the high seas or Philippine waters;
• Those who are habitual delinquents i.e. those who, within a period of ten (10) years from the date of
release from prison or last conviction of the crimes of serious or less serious physical injuries, robbery,
theft, estafa and falsification, are found guilty of any of said crimes a third time or oftener;
• Those who escaped from confinement or evaded sentence;
• Those who were granted Conditional Pardon and violated any of the terms thereof;
• those whose maximum term of imprisonment does not exceed one (1) year or those with definite
sentence;
• Those suffering from any mental disorder as certified by a government psychiatrist/psychologist;
• Those whose conviction is on appeal;
• Those who have pending criminal case/s.

Transfer of Residence
• A client may not transfer from the place of residence designated in his Release Document without the
prior written approval of the Regional Director subject to the confirmation by the Board.

Travel Abroad or Work Abroad


• Any parolee or pardonee under active supervision/surveillance who has no pending criminal case in
any court may apply for overseas work or travel abroad. However, such application for travel abroad
shall be approved by the Administrator and confirmed by the Board.

Violation the conditions of parole


• The PPO shall produce a Progress Report
• The PPO afterwards shall submit an Infraction Report to the Board of Pardons and Parole
• Upon receipt of an Infraction Report, The Board may Order the Arrest or Recommitment of The Client.
• The Board may recommend the cancellation of the Pardon or Cancel the Grant of Parole

• Status Report – Stating the conduct of Parole in the duration of his supervision
• Progress Report– Stating another offense/s committed by the Parolee which not yet been decided by the
Court
• Infraction Report – Stating the subsequent conviction of another crime
• Violation Report – Stating the violation/s of the terms and condition appearing in the Release Document
or non-compliance with his/her obligation as a Parolee.

Effect of Recommitment of Client


• The client who is recommitted to prison by the Board shall be made to serve the remaining unexpired
portion of the maximum sentence for which he was originally committed to prison.

Duration for Parole Supervision


• The period of parole supervision shall extend up to the expiration of the maximum sentence which
should appear in the Release Document, subject to the provisions of Section 6 of Act No. 4103 with
respect to the early grant of Final Release and Discharge.

Document Required Before the Issuance of the Certificate of Final Release And Discharge
• Summary Report - refers to the final report submitted by the Probation and Parole Officer on his
supervision of a parolee/pardonee as basis for the latter’s final release and discharge;

Termination of Parole and Conditional Pardon Supervision


• After the expiration of the maximum sentence of a client, the Board shall, upon the recommendation of
the Chief Probation and Parole Officer that the client has substantially complied with all the conditions
of his parole/pardon, issue a CERTIFICATE OF FINAL RELEASE AND DISCHARGE (CFRD) to a
parolee or pardonee.

EXECUTIVE CLEMENCIES

Try and try until you die and if you die at least nag-try
• This refers to Pardon, Amnesty, Commutation of Service Sentence and Reprieve as may be granted
by the President of the Philippines

III. PARDON

• It is a form of Executive Clemency which is exercise by executive branch of the government (King, Queen,
President or Governor).
• It is an act of Grace and the recipient is not entitled to it as a matter of right.
• It is discretionary and not subject to review by the judiciary.

kinds of pardon in the Philippines:


A. Absolute Pardon
• It is an absolute pardon when it is granted by the chief executive without any conditions attached.
• Absolute pardon serves to wipe away the guilt of a pardonee and makes him innocent as if he has not
committed any crime.

Its purposes are:


• To do away with the miscarriage of justice;
• To keep punishment abreast with the current philosophy, concept or practice of criminal justice
administration; and
• To restore full political and civil rights of person who have already served their sentence and have waited
the prescribed period.

B. Conditional pardon
It is conditional when it is granted by the chief executive subject to the conditions imposed on the recipient and
accepted by him.

Eligibility for Conditional Pardon:


• The prisoner shall have served at least one-half (1/2) of the minimum of his original indeterminate
and/or definite sentence.
• The prisoner who is convicted of a heinous crime as defined in Republic Act No. 7659 and other
special laws. He shall have served at least one-half (1/2) of the maximum of his original indeterminate
sentence before his case may be reviewed for conditional pardon.

Limitations of Pardoning Power of the President


1. It may not be exercised for offenses in impeachment cases
2. It may be exercised only after conviction by final judgment
3. It may not be exercised over civil contempt
4. in case of violation of election law or rules and regulations no pardon, parole or suspension of sentence
may be granted
5. It cannot be exercised to violation of tax law

PARDON OF THE PRESIDENT PARDON OF THE OFFENDED PARTY


Extinguishes the criminal liability of the It does not extinguish the criminal liability of the offender
offender
It does not include the civil liability to pay The offended party can waive the civil liability of the offender
Granted only after conviction Must be made before the institution of the criminal action in cases
where the law allows pardon by the offended party. Also it must be
extended to both offenders.

IV. AMNESTY

• Is a general pardon extended to a group of persons generally exercised by the chief executive with the
concurrence of congress
• Grant to the Political Offender
• It is an act of sovereign power granting oblivion or general pardon for past offense
• Note: amnesty can be availed of before, during and after the trial of the case, even after conviction.

AMNESTY PARDON
Granted by the President with the Granted by the President
concurrence of Congress
For political crimes only Extended to any type of crime
May be extended even before conviction or May be given only after final conviction
before trial

Try and try until you die and if you die at least nag-try
V. COMMUTATION OF SERVICE OF SENTENCE

• Reduction, reducing, lessening, lowering, MITIGATING or deduction of the sentence. It is an executive


clemency that changes a heavier sentence to a less serious one, or a longer prison term to a shorter
period.

Qualifications for CSS;


• At least thirteen (13) years for prisoners whose sentences were adjusted to a definite prison term of
forty (40) years
• At least fifteen (15) years for prisoners convicted of heinous crimes as defined in Republic Act No. 7659
and other special laws
• At least one half (1/2) of the minimum of indeterminate or aggregate minimum of the indeterminate
prison terms
• At least one-third (1/3) of the definite or aggregate prison terms

VI. REPRIEVE

• Temporary suspension of the execution of sentence (usually extended to death penalty prisoners). This
word simply means “to make back” or the withdrawing of the sentence for an interval of time. It is the
temporary stay if the execution of sentence exercised of the President

Death sentence shall be suspended when the accused is:


• Woman, while pregnant;
• Woman, within one year after delivery;
• Person over 70 years of age.
• The suspension of the execution of the sentence as regards a person over 70 years old is necessary to
give the President time to act, because only the President can communicate the sentence.

Legal basis of Death Penalty in the Philippines


Republic Act 7659
An act to impose the Death Penalty on certain Heinous crimes, amending for that purpose the Revised Penal
laws, as amended, other special penal laws, and for other purposes.

Republic Act 8177 (lethal injection)


Chemicals Compound of Lethal Injection
• SODIUM THIOPENTAL–put convict to sleep.
• PANCURONIUM BROMIDE–Paralyze the muscles
• POTASSIUM CHLORIDE–stop the heart beat

RA 9346
An act prohibiting the imposition of death penalty in the Philippine (Enacted on June 24, 2006)

Modes of extinction of criminal liability


1. By the death of the convict
2. By service sentence
3. By amnesty
4. By absolute pardon
5. Prescription of crime (expiration of filing case)
6. Prescription of penalty (expiration of sentence)
7. Marriage of the offended party under art. 344 RPC

Modes of Partial Extinction of Criminal Liability


1. By conditional pardon
2. By commutation of sentence
3. For good conduct time allowance

THERAPEUTIC MODAITIES
By: Alvin Manlangit

Try and try until you die and if you die at least nag-try
Modalities in the treatment of offenders in the Philippines
Like many countries, the correctional system in the Philippines has both an institution-based and a community-
based component. It has separate treatment systems for youth offenders and adult offenders. The custodial
care of adult offenders is handled by the following:
• Bureau of Jail Management and Penology
• Provincial Government
• Bureau of Corrections
• DSWD
The non-institutional treatment of adult offenders is managed primarily by the Department of Justice through its
Parole and Probation Administration and the Board of Pardons.

Therapeutic Community Modality by Parole and Probation Administration (PPA)

What is Therapeutic Community?


The Therapeutic Community (TC) is an environment that helps people get help while helping others. It is
a treatment environment: the interactions of its members are designed to be therapeutic within the context of the
norms that require for each to play the dual role of client-therapist. At a given moment, one may be in a client
role when receiving help or support from others because of a problem behavior or when experiencing distress.
At another time, the same person assumes a therapist role when assisting or supporting another person in
trouble.
How does Therapeutic Community look like?
The operation of the community itself is the task of the resident, working under staff supervision. Work
assignment called “job function” are arranged in hierarchy, according to seniority, the individual progress and
productivity. These include conducting all house services, such as cooking, cleaning, kitchen service, minor
repair, serving as apprentices and running all departments, conducting meetings and peer encounter groups.
The TC operates in a similar fashion to a functional family with hierarchical structure of older and younger
members. Each member has defined role and responsibilities for sustaining the proper function of the TC. These
are sets of rules and community norms that members upon entry commit to live by and uphold.

What are the salient feature of Therapeutic Community?


1. The primary “therapist” and teacher are the community itself, consisting of peers and staff, who, as role
models of successful personal change, serve as guides in the recovery process.
2. It believes that TC is a place where: one can change – unfold; the group can foster change; individuals
must take responsibility; structures must accommodate this; act as if – go through the motion.
3. There are 5 distinct categories of activity that help promote the change:
• Relational/behavior management
• Affective/emotional/psychological
• Cognitive/intellectual
• Spiritual
• Psychomotor/vocational-survival skills

Rights of the person under custodial investigation

The right to be informed of his right


• The reading of the Miranda doctrine or custodial rights by the police during his arrest. This carries the
correlative obligation on the part of the investigator to explain and contemplates affective
communication which results in the subject understanding what is conveyed.

Rights of persons arrested, detained or under custodial investigation


• Any person arrested detained or under custodial investigation shall at all times be assisted by counsel.
• Shall inform in a language known to and understood by him, of his right to remain silent and to have
competent and independent counsel, preferably of his own choice.
• Investigation report shall be read and adequately explained to him by his counsel or by the assisting
counsel provided by the investigating officer in the language or dialect known to such arrested or detained
person.
• Any extrajudicial confession made by a person arrested, detained or under custodial investigation shall be
in writing and signed by such person in the presence of his counsel.
• Any waiver by a person arrested or detained shall be in writing and signed by such person in the presence
of his counsel.
• Any person arrested or detained or under custodial investigation shall be allowed visitors

RIGHTS OF INMATES

Try and try until you die and if you die at least nag-try
1. The right to be treated as a human being, and not to be subjected to corporal punishment;
2. The right to be informed of the regulations governing the detention center;
3. The right to adequate food, space and ventilation, rest and recreation;
4. The right to avail himself/herself of medical, dental and other health services;
5. The right to be visited anytime by his/her counsel, immediate family members, medical doctor or priest
or religious minister chosen by him or by his immediate family or by his counsel;
6. The right to practice his/her religious beliefs and moral precepts;
7. The right to vote unless disqualified by law;
8. The right to separate detention facilities or cells particularly for women inmates; and
9. If a foreigner, the right to communicate with his/her embassy or consulate.

PRIVILEGES ALLOWED THE INMATES


A. To wear their own clothes while in confinement;
B. To write letters, subject to reasonable censorship, provided that expenses for such correspondence
shall be borne by them;
C. To receive visitors during visiting hours. However, visiting privileges may be denied in accordance with
the rules and whenever public safety so requires;
D. To receive books, letters, magazines, newspapers and other periodicals that the jail authorities may
allow;
E. To be treated by their own doctor and dentist at their own expense upon proper request from and
approval by appropriate authorities;
F. To be treated in a government or private hospital, provided it is deemed necessary and allowed by the
rules;
G. To request free legal aid, if available;
H. To sport hair in their customary style, provided it is decent and allowed by the jail rules;
I. To receive fruits and prepared food, subject to inspection and approval by jail officials;
J. To read books and other reading materials available in the library, if any;
K. To maintain cleanliness in their cells and brigades or jail premises and perform other work as may be
necessary for hygienic and sanitary purposes;
L. To be entitled to Good Conduct Time Allowance (GCTA) as provided by law; and
M. To be utilized as jail aides as designated by the warden himself, with the CONSENT OF THE
INMATE/INMATES or upon the recommendation of the personnel.

ADMISSION/RECEPTION PROCEDURES (BJMP MANUAL2015)

1. Gater - He or she checks the credentials of the person bringing the inmate/the committing officer to determine
his/her identity and authority. Also, he or she reviews the completeness of the following documents before the
person bringing an inmate/the committing officer is allowed to enter the facility. The documents mentioned earlier
refer to the:
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.

2. Records Unit- This unit examines the completeness and authenticity of the requirements for
Commitment (Commitment Order, Booking
Sheet, Arrest Report and Information) before it refers the inmate for physical examination by the
Health Unit.

3. Health Unit:
- Checks the authenticity of the entries in the medical certificate; conducts thorough physical
examination of the inmate to determine his or her true physical condition; and asks searching questions
to determine injury/injuries found to have been sustained by the inmate after the conduct of medical
examination or those injuries not diagnosed prior to commitment in jail

- In case of any discrepancy found during physical examination but same discrepancy is not indicated in the
medical certificate, the committing officer shall be required to secure another medical certificate of the inmate.
- If no discrepancy is found during physical examination, the inmate shall be referred back to the Records Unit.

4. Records Unit -Receives the inmate and the documents from the committing officer and conducts the
following:
✓ Start the booking procedures:

Try and try until you die and if you die at least nag-try
a. Accomplish the jail booking sheet;
b. Strip-search the inmate to check for any birth marks, tattoos, etc;
c. Encode the inmate's information to the NIMS;
d. Fingerprint and photograph the inmate with mug shot background; and
e. List the names of the visitors authorized by the inmate.

✓ Apprise the inmate in a dialect that he/she understands of the provisions of Art 29 of the RPC which was
further amended by R.A. 10592.

✓ Facilitate the signing of the Detainee’s Manifestation if he/she agrees to abide by the same disciplinary
rules imposed upon convicted inmates. Otherwise, the warden issues a certification under oath
manifesting that the inmate was apprised of the provision of Art 29 of the RPC as amended and refused
to abide by the same; and

✓ Store all documents in the Inmate’s Carpeta.

5. Property Custodian

✓ Checks the inmate’s belongings for presence of contraband. Discovery of any contraband shall be treated
in accordance with existing policies.

✓ Takes all cash and other personal properties from the inmate, lists them down on a receipt form with
duplicate, duly signed by him/her and countersigned by the inmate. The original receipt should be given
to the inmate and the duplicate be kept by the Property Custodian.

✓ Keeps all cash and other valuables of the inmate in a safety vault. Said cash and valuables may be
turned over to any person authorized by the inmate.

✓ Refers the inmate to the desk officer.

6. Desk Officer - books the newly committed inmate in the jail blotter; assigns the inmate to a reception area,
if any, where he/she shall be scheduled for orientation on jail rules and regulation, and shall undergo risk
assessment and classification, evaluation and conduct of further medical evaluation/screening by the Medical
Officer.

7. Assistant Warden or Officer of the Day - Orients the newly committed inmates on jail rules and regulations
using the Inmate’s Orientation Sheet.

8. Jail Warden - Coordinates with concerned agencies regarding the case of inmate for speedy disposition and
to furnish them with copies of the available needed documents. The jail warden shall see to it that all concerned
agencies and persons will be informed of the commitment of the inmate in his/her jail by submitting a written
report. Through his/her paralegal officer, he/she shall ensure that the courts and prosecutors’ office are attending
to the case of the inmate by constantly coordinating with them for the purpose of speeding up the disposition of
the case. For this purpose, the sharing of nonconfidential information with the concerned agencies is
encouraged.

Therapeutic community modality program by the BJMP

PHASES OF TREATMENT

PHASE I – Entry/orientation phase


Once an inmate is committed to jail, he undergoes a series of examination to determine his physical,
sociological, social and psychological status. Upon his commitment, a resident is placed on orientation at the
reception and diagnostic room/ orientation room. In here, he is acquainted with the TC program:
• The rules and norms of the community
• TC concepts, written and unwritten philosophy
• The staff and the members of the community
• The tools of the house
• Job functions and TC hierarchy

Try and try until you die and if you die at least nag-try
PHASE II – Primary treatment
After proper orientation on the different TC concepts and tools, the norms and rules of the community and the
staff members, the resident is now ready to undergo the treatment proper. He becomes a part of the community
starting as a crew member of the House keeping department until gradually ascends in the hierarchy. He must
be knowledgeable on the following:
1. Proper use of the different tools
2. Managing own feelings and learning how to express self appropriately
3. Learning how to follow the rules and norms of the community
4. Maximize participation in activities that are appropriate to the resident’s need for growth
5. Learning how to trust the environment
6. Developing positive coping skills to deal with difficult life situations
7. Enhancing educational and vocational skills to make him productive
8. Improve social skills and recognize the importance of other people’s help in shaping behavior

PHASE III – Pre-reentry


The resident is expected at this stage to have internalized the TC values and concept to start life afresh.
At this phase, the resident is expected to have proven his ability to take on more responsibility hence needs
lesser supervision.
He is considered a role model in the TC community.
He is expected to undergo this phase prior to release into society:
1. Rebuilding of social and family ties
2. Going up the ladder of hierarchy by showing leadership
3. Realization of this full potential to be a productive member of society
4. Mapping out of plans

PHASE IV – Re-entry
A resident at this stage is now ready to be released back to society.
The inmate is now preparing for his life outside of jail and is focused on making himself a productive citizen.
He may start planning for job hunting.
The resident must focus on the following:
1. Transition to life outside of jail
2. Creating a new lifestyle applying the tools and concept of TC
3. Learning positive coping skills to deal with day-to-day situations
4. Re-stablishing and strengthening family ties and support group
5. Reintegration into the mainstream of society
6. Developing realistic and attainable goals in life

PHASE IV- Aftercare


Aftercare is an outpatient program that requires clients to report twice a week to an outreach center. They are
required to attend group session to ensure their adjustment to life outside jail to reduce recidivism. For clients
released from jail, they referred to the Parole and Probation Administration (PPA) and Local Government Units
(LGU) for follow up and aftercare. The clients are focused on the following:
1. Maintaining positive behavior and prevent recidivism
2. Strengthening coping mechanism
3. Maintaining relationship and support mechanism
4. Sustaining interest in job or vocation to maintain livelihood
5. Integration to the society

STANDARD PARAMETERS FOR JAIL CAMP


A. Physical Environment
• The internal and external environment is comfortable, clean and welcoming
• TC Philosophy and unwritten philosophies are visibly posted around the facility
• Hierarchical structure and daily activities are displayed
• There is adequate space to hold activities and rooms for specific meetings
• A clean and well-maintained kitchen
• Provisions of recreation areas both indoors and outdoors
• The dining area is equipped with enough tables and chairs
• Adequate sanitary toilets and bathrooms
• Adequate space for sleeping and habitation
B. TCMP Staff
• The TCMP staff has undergone proper training on TCMP
• Presence of a permanent TCMP staff to supervise the program and conduct the various
activities.

Try and try until you die and if you die at least nag-try
• The TCMP staff will not be transferred to the other jails until properly covered by another TC
trained staff.
• There is no proper shift turn-over of TC trained staff on a daily basis.
• TCMP staff can be utilized to handle other tasks but puts priority to TCMP.
• Regular meetings are held by staff to discuss progress, issues and concerns about the program.
• All the jail staff are involved in the TCMP and are contributing members.
• The staff works as a team in delivering services to inmates
• The staff serves as role models and treats inmates with respect and dignity
• Incentives are given to TCMP staff in terms of awards and commendations.

C. The Therapeutic Environment - The Inmates/Residents:


• The residents treat each other with respect at all times regardless of age, religion, cultural
diversity, etc.
• The residents practice a culture of honesty and openness in discussing thoughts and feelings,
providing and receiving feedbacks.
• Confidentiality is respected and practiced
• The residents are involved in decision making and planning in TCMP activities
• The participants of TCMP are change agents in bringing about transformation among peers
• The residents comply with the cardinal and house rules and serve as “watchdogs” for their
peers with the aim of correcting erring members
• Absence or minimal incidence of jail violence/disturbance
• The residents respect the hierarchy and chain of command

COMPONENT OF THERAPEUTIC COMMUNITY MODALITY PROGRAM

I. BEHAVIORAL MANAGEMENT
INTRODUCTION:
▪ Introduces the concept and mechanics of the various shaping tools to include morning meeting in
order to facilitate the management of and shape the behavior of the residents.
▪ Shows the essential elements and significance of the tools which would provide the community
the common language
▪ The behavior shaping tools are ordered in hierarchy
Hierarchy of behavior shaping tools
➢ Expulsion
➢ General meeting
➢ learning experience/bans
➢ Haircut
➢ Dealt with
➢ Pull-up
➢ Talk to

PRE-MORNING MEETING
• Duration/ Frequency: Fifteen minutes daily
• participants: Senior residents, Counselor
• Pre-Morning meeting is done early in the morning prior to the Morning Meeting. Senior members of the
community will meet for about fifteen (15) minutes to discuss the attitude of the house the previously
day. It is also where the senior members formulate solutions to the concerns discussed and to be
executed during the day. The attendees will also discuss the activities to be engaged in the Morning
Meeting and make sure that all participants are ready with their corresponding parts and determine the
amount of time to be allotted for each part. The group will agree on the theme or concept of the day.
This is to make sure that everything is ironed out prior to the conduct if the morning meeting such as
the validation of pull-ups and other concerns.

MORNING MEETING
• duration / Frequency: One hour daily
• participants: All residents, Counselor
• Morning meeting is a daily ritual that starts the day in a TC facility. It is attended by the whole
community and lasts for an hour. It commences with the
• Opening Prayer
• Singing of the Philippine National Anthem and
• recitation of the TC Philosophy.
• It usually facilitated by any member of the community. It is divided into two (2) parts namely: (1) public
announcements and community concerns and (2) community-spirit building or up rituals.

Try and try until you die and if you die at least nag-try
• The first part of the meeting consists of public announcements regarding important activities of
business and other information that the community needs to know. It is a review of how the community
performed in the previous day and check on the behavior of erring members through the conduct of
“pull-ups”. A pull up is done as an expression of concern over the lapses of some members and
encourage ownership of mistake on the violators. The pull up is followed by affirmations of good deeds,
display of responsible concern towards peers or unselfish acts of some residents. This is to show that
good deeds are not left unnoticed and leave a feeling of self-worth to those concerned. The first part of
the morning meeting is a serious business where the members are expected to be formal in their
demeanors. Rules are set such as: no side talking, no cross legging, no laughing, hands on the laps
and sit erect.
• The second part of the meeting consists of entertaining presentations to lighten up the mood and start
the day on a positive note. It somehow develops some talents and shed off inhibitions of participants.

HEIRARCHY OF BEHAVIOR SHAPING TOOLS

Behavior shaping tools (BST) is employed to strengthen the learning process and the practice of more adaptive
behaviors within the social learning environment. The major tools of the BST, such as the Talk To, Pull-up, Dealt
With, Haircut, Learning Experience, General Meeting and Expulsion were developed as a means to correct
behaviors of the residents that violated the TC norms.

TALK TO

• A “Talk To” as an outright correction by any member of the TC community to another member who has
done a minor infraction but is not aware of it. It is a friendly reminder/ advice about an unacceptable
behavior and must be done privately.
• During a “Talk To”, the resident is made aware of his/her negative behavior and the result it may have
on others and the environment. The feedback given to the resident who committed mistake is done in a
positive way. This is to evoke awareness on the part of the violators to avoid committing the same mistake
and be given heavier sanctions if done in the future.

PULL-UP

• A pull-up is done as a result of lack, missed or lapses in awareness in a resident. All the members of the
community are responsible to pull-up minor infractions done by peers. In encourages honestly, demeanor
awareness and owning up to one’s mistakes. This is done when the violator is unknown and must be
validated first prior to bringing up in the Morning Meeting.
• Quickly display the corrected behavior and express gratitude in receiving it. After one member did the
pull-up, other residents who wants to show concern can make elaborations to give emphasis to the
infractions and concretize the admonitions that need to be relayed to the violator. Two to three
elaborations are ideal.
• Too many elaborations are discouraged as they may take so much time.

DEALT WITH

• Dealt With is done when negative behaviors or infractions to the house rules/norms are done for the
second time of same offense by a resident.

HAIRCUT

• Haircut is done when negative behaviors or infractions to the house rules/norms in same offense are
done for the third time or more or for first time grave offenses. It is a carefully planned and structured
verbal reprimand given by a staff with four other residents-senior resident, peer, big brother, and
department head. The tone is more serious and can be loud, more harsh and exaggerated. The haircut
gives emphasis on the behavior of the resident and the severity of the haircut should be appropriate to
the gravity of the offense.

LEARNING EXPERIENCE

• A learning experience (LE) is an action or activity given to a resident who was subjected to haircut or
general meeting who did an infraction to correct or modify a behavior.

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• The LE should be related to the infraction committed for him to focus on the behavior expected of him in
the community. It should not be given as a punishment but rather a motivation to develop more positive
attitude.
• Close supervision with clear goal increases the effectiveness of the sanction. Upon lifting the LE after
seven (7) days, the resident subjected to the tool will be accorded with a senior resident coming from
his/her static group who will provide guidance and continually monitors the performance in the house of
the former.
• The senior resident assigned will give a self-report after fifteen (15) days on how the resident (who
undergone LE) carried out his responsibilities after the LE and state wherein the residents condition
whether he/she needs further supervision. The authority in giving LE lies in the disciplinary board and
TCMP staff.

BANS
• Sanctions to members who commit repeatedly infractions or violation to the cardinal rules by
prohibiting, disallowing or limiting an activity or affiliation to a group
• It somehow curtails some freedom of movement and association
• This sanction causes unpleasant feelings which people try to avoid hence may evoke behavior changes
in the future
GENERAL MEETING
• A repeated breach to the cardinal rules necessities a general meeting
• Such issue should be discussed with the community to point out to the violator the negative effect the
behavior had on the community
• General meeting formation (director/staff, subjected residents, residents)
• Offense included: sexual acting-out with the fellow resident, taking drugs, engaging in physical fight,
stealing, smoking.
EXPULSION
• In extreme cases, when resident is incorrigible and becomes a threat to the community, the jail director
with the recommendation of the disciplinary board may transfer him/her to the nearest jail facility with
an appropriate court order

II. PSYCHOLOGICAL AND EMOTIONAL ASPECT

Residents who are detained are basically psychologically and emotionally challenge. They feel isolated,
helpless and at times hopeless brought about by separation from their loved ones and society in general
and all other issues that confront them while incarcerated

Counseling
• Is defined as a professional activity of helping individuals, groups or communities enhance or restore
their capacity for psychological, emotional and social functioning and creating an environment favorable
for the attainment of these goals.
EMPATHY
• Is the ability to perceive the client’s feelings and to demonstrate accurate perception of the client.
• It is a merely putting oneself in the client’s shoes
• When the client feels understood a sense of trust or rapport is developed. Rapport paves the way to
more meaningful communication
WARMTH
• Also called “unconditional positive regard”.
• It involves accepting and caring about the client as a person
• It is most often conveyed through our non-verbal or bodily gestures
RESPECT
• Is our belief in the client ability to make appropriate decisions and deal appropriately with his/her life
situation
• It is often showed best by not offering advice or cheap comfort
• The counselor shows his utmost respect to the client by listening in silence and giving him the
opportunity to design his own solution to the problem
CONGRUENCE OR GENUINESS
• Being honest and authentic in dealing with the client
• It is showing real concern rather than focusing on techniques during sessions
CONFIDENTIALITY
• Means that anything discussed during counseling sessions is held absolutely private and not discussed
anywhere
• This contract should be held sacred as to maintain the client trust

PATTERN OF COUNSELING SESSION:

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1. Introduction: First 10 minutes
• Greet the client warmly
• Smile and shake hands
• Escort to the counseling room
• Explain how the session is going to be alleviate fears
• This is the time to develop rapport
• Assure client on confidentiality
I. Information gathering: About 20 minutes
• Know the reason for consultation
• Client can start anywhere
• Counselor may take notes
• Client needs to do almost all of the talking
• Counselor may ask open questions or use techniques like clarifying.

3. Discussion/ counselor input


• Counselor tells the client what he thinks the client is saying
• Counselor a list of concern
• Client would concur or not to the counselor’s understanding
• Prioritize problems and which one to work on first
• Client will provide plans of action to work on specific problem
• Counselor will assist in mapping plans
4. Conclusion
• Motivate the client that he can do it
• Brief client on what to expect the next session
• End session on a positive note
• Client should be able to list down things that he has to look forward to over the next few days

II. VOCATIONAL/SURVIVAL SKILLS

• The development of vocational and survival skills starts at the beginning of performance in job functions
• Its aim is not only to detain or confine residents but also to challenge them to learn vocational skills for
their reentry to the community.
Procedure:
1. The senior member of the staff, usually the director identifies the counselors coming from the
staff/personnel
2. As soon as counselors were identified, the residents of the community will submit application for
certain desired positions as indicated at the hierarchical structure
3. The applicants will be interviewed by the staff
4. After the interview, selection of applicant for key positions is done through the use of socio
metric pointing
5. Crew member will be assigned.
6. New residents will be assigned automatically at the house keeping department for one month
for orientation purposes.
Suggested vocational skills training
1. Rug making
2. Wood carving
3. Flower making
4. Massage Therapy
5. Artistry
6. Automotive
7. Tailoring – Dressmaking
8. Shell craft
9. T Shirt making
10. Décor making

THERAPEUTIC COMMUNITY MODALITY PROGRAM BY THE BUREAU OF JAIL MANAGEMENT AND


PENOLOGY

MAJOR PROGRAMS OF BJMP

There are four (4) major programs under the mandate of BJMP and they are the following:

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1. PDL custody, security and control program.
2. PDL welfare and development program.
3. Decongestion program.
4. Good governance.

CORE PROGRAMS OF BJMP

A. Provisions of Basic Needs

All PDL under custody are provided with three (3) meals (breakfast, lunch and supper). Adequate supply of
potable water is made available to them at all times. Likewise, upon admission, each PDL is issued his or her
PDL uniform consisting of the yellow shirt and brown jogging pants. Hygiene kits are also distributed to the PDL
on monthly or quarterly basis. Occasionally, the provision of basic needs for the PDL is supplemented by the
food and non-food donations from local government units, non-government organizations, business sector and
private individuals.

B. Health Services

Health services for PDL consist of interventions towards the prevention, promotion, treatment of illnesses and
rehabilitation. All PDL undergo medical assessment upon admission. During confinement, PDL are provided
with health education and counseling, medical consultations, regular health monitoring, and provided medicines
subject to availability. To maintain the physical health of PDL, they are allowed daily sunning and physical
exercises.

C. Educational Program

The educational program aims to provide opportunities for PDL to achieve mandatory education. For this reason,
BJMP adopted the Alternative Learning System (ALS) of the Department of Education for the PDL to earn their
elementary and high school diplomas. Teachers in the jail-based ALS are BJMP Personnel who are professional
teachers and trained on the Instructional Method for ALS. In jails where there are no personnel trained to handle
ALS classes, the ALS teachers would be coming from the Department of Education. All PDL enrolled in the ALS
earn their respective Time Allowance for Teaching, Studying and Mentoring (TASTM) pursuant to RA 10592.

D. Skills Training/ Enhancement Program

The objective of the skills training program is to equip the PDL with technical/vocational skills which they can
use in seeking employment or starting their own business after release from confinement. To make the PDL as
competitive as other potential job seekers, the skills trainings preferred are those accredited by the Technical
Education and Skills Development Authority (TESDA) so that the PDL will be able to earn National Certifications.
Thus, only the PDL who meet the eligibility requirements of the specific skills training program being offered can
participate.

E. Livelihood Program

The livelihood program presents income-generating activities to PDL during their confinement where they are
able to earn for their personal upkeep and for financial support to their families. The capital for the livelihood
project either from BJMP for BJMP-funded projects or from the common fund of a group of PDL for non-BJMP
funded projects. Examples of continuing and most popular livelihood projects of PDL are bags and purses,
bonsai made of beads, pastries, rugs, paper crafts, and wood crafts. To help the PDL earn from these livelihood
projects, the jail unit Welfare and Development Officer (UWDO) facilitates the sale of the products in display
centers or livelihood caravans organized by the local government units and other service providers. In addition,
online or e-marketing of PDL products is also run by the jail unit Welfare and Development Office.

F. Behavioral Management/ Modification Program

BJMP implements the Therapeutic Community Modality Program (TCMP) to manage and modify behaviors of
PDL with the goal of positively changing their thinking and behavior through structured group processes. The
program endeavors to teach and model positive thinking, pro-social values, good decision-making, and positive

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coping. Through the program, PDL are trained on socially acceptable ways of behaving and relating with their
fellow PDL and with personnel and visitors thereby fostering a therapeutic jail environment and maintaining a
peaceful communal atmosphere.

G. Interfaith Program

PDL are provided with the opportunity to practice their faith while under custody without discrimination, subject
only to usual safety and security measures. The BJMP chaplains and imams provide different religious services
such as but not limited to mass celebrations, communal prayers, spiritual counseling, catechism, and others.
Religious organizations and their respective ministers/pastors and leaders are accredited by BJMP to facilitate
their regular contact with PDL for the provision of religious services.

H. Cultural and Sports Program

The cultural program aims to promote camaraderie among PDL, encourage the development of self-confidence
and sharing of cultural talents as form of positive entertainment. Cultural activities allowed in jails include dance,
singing, theatre/drama, and art workshops. Also, through this program, PDL experience some sense of social
normalcy through the communal celebrations of socio-cultural events like birthdays, Valentine’s Day, Mothers’
and Fathers’ Day, Christmas, Lent and Easter, Ramadan, local festivals and other similar activities.

I. Paralegal Program

The main objective of the Paralegal Program is to address the overcrowding in jail facilities. Through the
paralegal program, PDL are assisted in availing of the different early modes of release. Regional and jail
paralegal officers conduct continuous informative seminars/orientations to PDL on their rights, modes of early
release, and other paralegal/legal remedies which can be availed of by them. Other paralegal services include
paralegal counseling and case follow-up in the courts by the jail paralegal officers.

J. E-Dalaw

The E-DALAW service is an alternative to the traditional face-to-face visitation between PDL and respective
families. This service enables the PDL to connect with his/her family through a supervised video call and chat.
The program is conceptualized specifically to cater to PDL whose family members cannot go to the jail for actual
visit because of the long distance to the jail from the residence or workplace of the family members. However,
in case of jail lockdown by reason of public health emergency where visitation is suspended, all PDL are allowed
to use the e-dalaw to communicate with their families on equitable rotation basis.

Support Services

A. Human Rights Desks

Every jail facility operates a 24-hour Human Rights Desk handled by a designated Human Rights Affairs Officer.
The main function of the Human Rights Desk is to receive complaints concerning human rights violations from
PDL and visitors and to report the complaints thru the appropriate reporting system to the concerned BJMP
offices and to the Commission on Human Rights for investigation and appropriate action.

B. Help Desk

In line with the government’s policy of providing timely and speedy access to government services, each jail
facility has established its own Help Desk managed by a designated Held Desk Officer. The Help Desk functions
as a referral unit where PDL and visitors can lodge their request for assistance concerning personal or family
needs. These requests are evaluated by the Help Desk Officer and all requests for assistance that cannot be
addressed by the jail are referred to the concerned government agencies for appropriate action.

C. Referrals for Aftercare

Although BJMP recognizes the importance of aftercare program for PDL to be released for them to start a new,
it is limited only to providing welfare and developmental programs to PDL while they are in custody. Nevertheless,
to ensure continuity of care of PDL upon release, the jail unit Welfare and Development Officer facilitate referrals
to different community resources. These referrals addressed to the local government units, non-government

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organizations and the business sector usually include but not limited to seeking immediate financial assistance
for PDL’s repatriation, employment/livelihood assistance, educational/vocational training scholarships, medical
and psychological interventions.

Special Program for Vulnerable Groups

A. Services for Pregnant PDL

Pregnant PDL, by reason of their medical condition, are given special attention by the jail nurses to ensure
compliance to pre-natal and post-natal care, timely provision of other pregnancy-related needs, and assistance
for the care of the newborn until the latter is endorsed to the immediate family or accredited child-caring agency.

B. Services for Senior Citizen PDL and PDL with Disabilities

In addition to implementing measures to protect the senior citizen PDL and PDL with disabilities from
discrimination and establishing functional priority lanes for them, the primary policy is to link them to the local
Office of Senior Citizen Affairs Office (OSCA) and Person with Disability Affairs Office (PDAO) for the acquisition
of their respective Identification Cards. The respective identification cards issued by the local government unit
are the PDL’s access key to the different services for senior citizens and persons with disabilities mandated by
the Senior Citizen’s Act and Magna Carta for Persons with Disabilities.

C. Services for PDL with other Special Needs

PDL who are members of the LGBT community maybe segregated from the general population in terms of
housing to prevent potential mistreatments towards them by reason of their gender expression and other
vulnerabilities. Nevertheless, they receive the same programs and services provided to the general population
and they are encouraged to participate fully in the socio-cultural activities of the jail.

D. Mental Health Services

In general, preventive mental health aimed at reducing incidence of mental health disorders and developing
positive coping mechanisms are provided to all PDL. Preventive mental health interventions include informative
seminars on stress management, psycho-educational counseling and other supportive psychological group
activities. Likewise, psycho-social support services or stress debriefing to address trauma are facilitated for PDL
after the occurrence of untoward jail incidents or in the aftermath of devastating calamities directly affecting the
PDL.

E. Drug Counseling for PDL with Substance use Disorder

PDL with substance use disorder or have history of illegal drug use and who were granted plea bargaining under
A.M. No. 18-03-16 SC, are provided with drug counseling using the Katatagan Kontra Droga sa Komunidad
(KKDK) approach. The KKDK is a psycho-educational drug counseling program developed consisting of twenty-
four (24) modules: eighteen (18) modules to be completed by the PDL in a small group setting with fellow PDL
and six (6) family modules to be participated by the PDL’s family. The drug counseling runs for maximum duration
of four (4) months.

Functions of the different positions in the hierarchy (from highest to lowest)

Coordinator
1. A positive role model
2. Member of the panel
3. Leader of the team
4. Responsible for reporting and recommend
5. Assigned as coordinator on the duty of the day
6. Encourage residents
7. Responsible for overseeing
8. Supervises over-all functions
9. Reports to staff any incident

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10. Carries out any given task
11. In-charge to disseminate instructions
12. Liaison between resident and staff

Coordinator on duty (not part of the whole hierarchical structure, each coordinator take turns to become
coordinator of the day)
1. Coordinator of the day to conduct inspection in cells, kitchen and other areas
2. Delegate tasks to other coordinators
3. Under direct communication with the chief expediter
4. Records all the events, incidences of the day to the logbook
5. Must have direct link with staff on duty
6. Responsible to disseminate information
7. Evaluates or validate different incidences

Chief expediter
1. Managing the daily function and activities
2. Delegates other responsibility to the assistant chief expediter
3. Oversees the schedule of the day
4. Communicates with department head
5. Communicate with coordinator of the day

Assistant chief expediter


1. Execute of directive from chief expediter
2. Supervises the activity inside the dormitories
3. Monitor over all functions of the different department
4. Facilitates department head meeting

Department head
1. Conducts departmental meetings
2. Delegate specific task to team member
3. Monitors participations of members
4. Checks attendance
5. Attends department head pre-evaluation meeting
6. Recommends grants or denies team members
7. Conducts post evaluation
8. Screens team member request

TCMP Departments and functions

Business office department


1. Welcomes new members of the family and make sure that policies, rules and their limitations are clear
2. Responsible in facilitating younger members group by sharing experience
3. Role model that shows how to overcome trying the circumstances
4. Orients new residents
5. Provides supports residents when needed
6. Prepares sequence program for special events
7. Maintains and updates bulletin board postages and announcements
8. Updates profile of residents
9. Prepare sound system in every activity

Expediting team
1. Oversees the day-to-day affairs of the different departments
2. Reports any incident in the TC facility and the overall attitude of the community
3. In-charge of the attendance of the residents
4. Confronts attitudes around the house
5. Coordinates with staff regarding announcements, activities, medications and court hearing
6. Coordinates with coordinator on the day and medical staff in attending to sick residents
7. Oversees activities of residents in the learning experience structure

Kitchen department
1. Prepares and cook food for daily consumption
2. Maintains quality of food and dietary requirements of every menu
3. Preserves sanitary working environment and maintains kitchen equipment properly
4. Manages quantity of food servings to minimize wastage
5. Prepares menu for special requirements and occasions
6. Serves meals on time

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7. Ensures properly storage of food items to avoid spoilage and contamination
8. Conducts regular health screening of kitchen workers
9. Maintains proper washing of dishes and kitchen utensils and proper disposal of waste materials

Maintenance and landscaping departments


1. Maintains the cleanliness of grounds
2. Responsible in planting, watering and trimming of plants, trees and flower beds
3. Maintains inventory of materials and equipment
4. Informs staff of any equipment that needs repair or replacement
5. Responsible in making minor repairs of jail facilities and equipment
6. Responsible in monitoring proper usage of water and electricity

Housekeeping department
1. Maintains the cleanliness of the cells area, mess hall, visitor’s area and visitor’s comfort room
2. Maintains inventory of housekeeping materials such as brooms, dustpans, rugs, floor wax, etc.
3. Provides proper storage of housekeeping materials

Laundry department
1. Assigns and schedules laundry time for every dorm
2. Designates and maintains hanging area for washed clothing
3. Collects the dried washed clothing and distributes to the respective dorms

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