NOTES IN THERAPEUTIC MODALITIES
documents and the Optional Protocol to
Nelson Mandela- Nelson Rolihlahla Mandela was a
South African anti-apartheid activist who served as
the first president of South Africa from 1994 to
1999. He was the country's first black head of state
and the first elected in a fully representative
democratic election.
-Although he was arrested and
imprisoned for 27 years for fighting for freedom,
Mandela refused to give up the struggle or give in
to hate. Mandela was fighting against apartheid,
but he was also fighting for something: a better
world, in which the freedom, justice and dignity of
all were respected.
Human Rights
The dignity of man and human life is
inviolable. From the dignity of man is derived the
right of every person to free development of his
personality. A legitimate state should exist to
assure that in the discharge of the governmental
functions, the dignity that is the birthright of every
human being is duly safeguarded.
Classification of Rights:
1. Natural Rights – God-given rights,
acknowledged by everybody to be morally
good. Unwritten, but prevail as norms of
the society.
2. Constitutional Rights – Conferred and
protected by the constitution and which
cannot be modified or taken away by the
law-making body.
3. Statutory Rights – those rights which are
provided by law promulgated by the law-
making body. May be abolished by the
body that created them.
Sources and foundation of Human Rights Law
• The 1987 Constitution itself is a source, and
not only the Bill of Rights.
• International Bill of Rights –The 3
the Covenant on Civil and Political Rights as
“Magna Carta for mankind and is the
essential prerequisite for peace at home
and in the world.
• International Covenant on Civil and Political
Rights (ICCPR)- adopted unanimously by
106 states and entered into force in 1976.
• The United Nation Standard Minimum
Rules for the Treatment of Prisoners
• The Nelson Mandela Rules
Nelson Mandela Rules
Rule 1 all prisoners shall be treated with the
respect due to their inherent dignity and value as
human beings. No prisoner shall be subjected to,
and all prisoners shall be protected from, torture
and other cruel, inhuman or degrading treatment
or punishment, for which no circumstances what
so ever may be invoked as a justification. The
safety and security of prisoners, staff, service
providers and visitors shall be ensured at all times.
Rule 2 The present rules shall be applied
impartially. There shall be no discrimination on the
grounds of race, color, sex, language, religion,
political or other opinion, national or social origin,
property, birth or any other status. The religious
beliefs and moral precepts of prisoners shall be
respected.
Rule 3 Imprisonment and other measures that
result in cutting of persons from the outside world
are afflictive by the very fact of taking from these
persons the right of self-determination by
depriving them of their liberty.
Rule 4 The purposes of a sentence of
imprisonment or similar measures deprivative of a
person’s liberty are primarily to protect society
against crime and to reduce recidivism. Those
purposes can be a achieved only if the period of
imprisonment is used to ensure, so far as possible,
the reintegration of such persons into society upon
release so that they can lead a low-abiding and
self-supporting life.
Rule 5 The prison regime should seek to minimize
any differences between prison life and life at
liberty that tend to lessen the responsibility of the
prisoners or the respect due to their dignity as
human beings.
Prisoners File Management
Rule 6 There shall be a standardized prisoner file
management system in every placed where
persons are imprisoned. Such a system may be an
electronic database of record or a registration
book with numbered and signed pages.
Procedures shall be in place to ensure a secure
audit trail and to prevent unauthorized access to
or medication of any information contained in the
system.
Rule 7 No person shall be received in a prison
without a valid commitment order.
Rule 8 Prisoner’s personal information shall be
entered in the prisoner file management system in
the course of imprisonment.
Rule 9 All records referred to in rules 7 and 8 shall
be kept confidential and made available only to
those whose professional responsibilities require
access to such records. Every prisoner shall be
granted access to the records pertaining to him or
her, subject to redactions authorized under
domestic legislation, and shall be entitled to
receive an official copy of such records upon his or
her release.
Rule 10 Prisoner file management systems shall
also be used to generate reliable data about trends
relating to and characteristics of the prison
population, including occupancy rates in order to
create a basis for evidence-based decision making.
Separation of Categories
Rule 11 The different categories of prisoners shall
be kept in separate institutions or parts of
institutions, taking account of their sex, age,
criminal record, the legal reason for their
detention and the necessities of their treatment.
Accommodation
Rule 12 Where sleeping accommodation is in
individual cells or rooms, each prisoner shall
occupy by night a cell or room by himself or
herself. If for special reasons, such as temporary
overcrowding, it becomes necessary for the
central prison administration to make an
exception to this rule, it is not desirable to have
two prisoners in a cell or room.
Rule 13 All accommodation provided for the use of
prisoners and in particular all sleeping
accommodation shall meet all requirements of
health, due regard being paid to climatic
conditions and particularly to cubic content of air,
minimum floor space, lighting, heating and
ventilation.
Rule 14 In all places where prisoners are required
to live or work:
(a) The windows shall be large enough to
enable the prisoners to read or work by
natural light and shall be so constructed
that they can allow the entrance of fresh air
whether or not there is artificial ventilation;
(b) Artificial light shall be provided sufficient
for the prisoners to read or work without
injury to eyesight.
Rule 15 The sanitary installations shall be adequate
to enable every prisoner to comply with the needs
of nature when necessary and in a clean and
decent manner.
Rule 16 Adequate bathing and shower installations
shall be provided so that every prisoner can, and
may be required to, have a bath or shower, at a
temperature suitable to the climate, as frequently
as necessary for general hygiene according to
season and geographical region, but at least once
a week in a temperate climate.
Rule 17 All parts of a prison regularly used by
prisoners shall be properly maintained and kept
scrupulously clean at all times.
Personal Hygiene
Rule 18 Prisoners shall be required to keep their
persons, clean and to this end they shall be
provided with water and with such toilet articles as
are necessary for health and cleanliness.
Clothing and Bedding
Rule 19 1. Every prisoner who is not allowed to
wear his or her own clothing shall be provided with
an outfit of clothing suitable for the climate and
adequate to keep him or her in good health. Such
clothing shall in no manner be degrading or
humiliating.
Rule 20 If prisoners are allowed to wear their own
clothing, arrangements shall be made on their
admission to the prison to ensure that it shall be
clean and fit for use.
Rule 21 Every prisoner shall, in accordance with
local or national standards, be provided with a
separate bed and with separate and sufficient
bedding which shall be clean when issued, kept in
good order and changed often enough to ensure
its cleanliness.
Food
Rule 22 Every prisoner shall be provided by the
prison administration at the usual hours with food
of nutritional value adequate for health and
strength, of wholesome quality and well prepared
and served. Drinking water shall be available to
every prisoner whenever he or she needs it.
Exercise and sport.
Rule 23
1. Every prisoner who is not employed in
outdoor work shall have at least one hour
of suitable exercise in the open air daily if
the weather permits.
2. Young prisoners, and others of suitable age
and physique, shall receive physical and
recreational training during the period of
exercise, To this end, space, installations
and equipment should be provided. (Page
15)
Punishment – is the redress that the state takes
against an offending member of society that
usually involves pain and suffering.
JUSTIFICATION 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
effected by placing offenders in prison so
that society will be ensured from further
criminal depredations of criminals.
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 his return to the
community by requiring him to undergo
intensive program of rehabilitation in
prison.
Human Rights Violation
• Human rights violations either directly or
indirectly: Violations can either be
intentionally performed by the state and or
come as a result of the state failing to
prevent the violation. When a state
engages in human rights violations, various
actors can be involved such as police,
judges, prosecutors, government officials,
and more. The violation can be physically
violent in nature, such as police brutality,
while rights such as the right to a fair trial
can also be violated, where no physical
violence is involved.
• The second type of violation- failure by the
state to protect -occurs when there’s a
conflict between individuals or groups
within a society. If the state does nothing
to intervene and protect vulnerable people
and groups, its participating in the
violations. In the United States, the state
failed to protect black Americans when
lynching frequently occurred around the
country. Since many of those responsible
for the lynching were also state actors (like
the police), this is an example of both types
of violations occurring at the same time.
Examples of human rights violation – Civil and
political rights are violated through genocide,
torture, and arbitrary arrest. These violations
often happen during times of war, and when a
human rights violation intersects with the
breaking of laws about armed conflict. It’s
known as a war crime.
Persons deprived with Liberty
- The revised implementing rules and
regulations of the R.A. 10575 or the BUCOR
Act of 2013, defined a detainee, inmate or
prisoner or other person under
confinement or custody in any other
manner.
Rehabilitation
- is a program of activity directed to restore
a PDL’s self respect and sense of
responsibility to the
community, thereby making his/her a law-
abiding citizen after serving his /her sentence.
- Defined as a set of interventions designed
to optimize functioning and reduce
disability in individuals with health
conditions in interaction within their
environment.
Reformation
- means of amending or improving by
changing an inmate’s behavior or removing
his or her or
abuse of a wrong or error.
- Refer to the act which ensure the public
that released are no longer harmful to the
community by becoming reformed
individuals.
REHABILITATION PURPOSES GROUPS
• This group provides services and assistance
to prisoners and their families to enable
them to solve their individual needs and
problems arising from the prisoners’
confinement.
• Medical and Health Services Branch -
provides medical and physical
examinations of inmates upon
confinement, treatment of sick inmates
and conduct medical and physical
examinations and provide medicines or
recommends for the hospitalization of
seriously ill prisoners or inmates. It also
conducts psychiatric and psychological
examinations.
 • Work and Education Therapy Services - is
take charge of the job and educational
programs needed for rehabilitation of
inmates by providing them job incentives
so they can earn and provide support for
their families while in jail.
• Socio- Cultural Services – it takes care of
the social case work study of the individual
prisoners by making interviews, home
visits, referral to community resources,
free legal services, and liaison works for the
inmates.
• Chaplaincy Services – it takes charge of the
religious and moral upliftment of the
inmates through religious services. This
branch caters to all religious sects.
• Guidance and Counseling Services –
responsible for the individual and group
counseling activities to help inmates solve
their individual problems and to help them
lead a wholesome and constructive life.
Reception and Diagnostic Center (RDC)
• This is a special unit of prison (Camp
Sampaguita) where new prisoners undergo
diagnostic examination n, study and
observation for the purpose of determining
the programs of treatment and training
best suited to their needs and the
institution to which they should be
transferred.
Victims Compensation Program
• RA no. 7309 is the law creating the Board of
Claims under the Department of Justice
granting compensation for victims of unjust
imprisonment or detention and victims of
violent crimes.
• Who may apply for compensation?
1. A person who was unjustly accused
convicted and imprisoned and
subsequently released by virtue of a
judgment of acquittal.
2. A person who was unjustly detained
and released without being charged.
3. A person who is a victim of arbitrary
detention by the authorities as defined
in the Revised Penal Code under a final
judgment of the court.
4. A person who is a victim of a violent
crime which includes rape and offenses
committed with malice which resulted
in death or serious physical and/or
psychological injuries permanent
incapacity or disability, insanity,
abortion, serious trauma, or committed
with torture, cruelty or barbarity.
• When should a claim be filed?
The claim should be filed with the Board by the
person entitled to compensation under this Act
within six (6) months after being released from
imprisonment or detention or from the date he
suffered damage or injury; otherwise, he is
deemed to have waived his claim.
• How is a claim filed?
A claimant may file a claim with the board by
filling up an application form provided for the
purpose with the Secretariat of the Board of
Claims, Department of Justice. Thereafter, he
will be interviewed and he will be duly notified
of the action taken by the Board.
How much is given a qualified applicant?
1. For the victims of unjust imprisonment,
the compensation shall be based on the
number of months of imprisonment
and every fraction thereof shall be
considered one month, but in no case
shall such compensation exceed one
thousand pesos (P1,000.00) per month.
 2. In all other cases the maximum for
which the Board may approved a claim
shall not exceed ten thousand pesos
(10,000.00) or the amount necessary to
reimburse the claimant the expenses
incurred for hospitalization, medical
treatment, loss of wage, loss of support
or other expenses directly related to
the injury, whichever is lower to be
determined by the Board.
Restorative Justice
Is a process through which remorseful
offenders accept responsibility for their
misconduct, particularly to their victims and to
the community. It creates obligations to make
things right through proactive involvement of
victims, ownership of the offender of the crime
and the community in search for solutions
which promote repair, reconciliation and
reassurance. Thus, the restorative justice
process is actively participated in by the victim,
the offender, and or any individual or
community member affected by the crime to
resolve conflicts resulting from the criminal
offense, often with the help of a fair and
impartial third party. Examples of restorative
process include mediation, conferencing,
sentencing support circle and the like . The
restorative outcome is the agreement
obtained as a product of a restorative justice
process. Examples of restorative outcomes
include restitution, community work service
and any other program or response designed
to accomplish reparation of the victim, and the
reintegration of the victims and or offenders.
Consequently, the goal of the
government is to establish a more enlightened
and humane correctional system that will
promote the reformation of offenders and
thereby reduce the incidence of recidivism.
This is in line with the applicable laws, rules,
and policies mandating this agency to
administer the Parole and Probation System in
the country. As such, the Parole and Probation
Administration (PPA) is empowered to create
innovative policies, programs, and activities to
facilitate the reintegration of its clientele into
the mainstream of society and consequently
prevent the commission of crime. Therefore,
PPA adopts Restorative Justice as one of its
rehabilitation programs which utilizes
restorative processes and aims to achieve
restorative outcomes.
The implementation of restorative justice in
PPA:
A. During the Investigation Stage
Information such as victims’ version of the
offense, effect of victimization to their lives,
families, future and plans, and victims’
appreciation on how the damage/harm
inflicted by the crime can be repaired and
healed are gathered to serve as input in the
post-sentence investigation (PSI) or pre-
parole/executive clemency investigation (PPI)
reports prepared by the investigating officer to
be submitted to the court and the board of
pardons and parole, respectively. These data
are vital in the conduct of restorative justice
processes during the supervision phase.
Soliciting stakeholders interest for their
introduction to the restorative process
commences during this stage.
B. Restorative Justice Program is a part of the
rehabilitation of the client which is
incorporated in the client’s supervision
treatment plan (STP). In applying the
various restorative justice processes for the
client’s rehabilitation, the supervising
officer observes the following points:
The parties are brought within the program out
of their own volition. Parties have the right to
seek legal advice before and after the
restorative justice process; Before agreeing to
participate in the restorative justice process,
the parties are fully informed of their rights,
the nature of the process, and the possible
consequences of their decision; Neither the
victim nor the offender is induced by unfair
means to participate in restorative justice
processes or outcomes; Discussion in
restorative justice processes should be highly
confidential and should not be disclosed
subsequently, except with the consent of the
parties, and should not be disclosed
subsequently, except with the consent of the
parties, and should not be used against the
parties involved; Where no agreement can be
made between the parties, the case is
withdrawn from the restorative justice
process; and in the event agreement is reached
by parties, it I put in writing to give
substance/essence to the agreement. The
failure to implement any provision of the
agreement made in the course of the
restorative justice process is a basis for the
withdrawal of the case from the program.
What are the Roles of the Probation and Parole
Officers in the Implementation of Restorative
Justice?
A probation and parole officer assigned to
handle investigation and supervision caseloads
acts as restorative justice planner. As such,
he/she undertakes the following
responsibilities:
1. Identifies and recommends to the Chief
Probation and Parole Officer (CPPO)
potential case for peacemaking encounter.
2. Conduct dialogue to explore the possibility
of restorative justice process
3. Coordinates/collaborates with responsible
members and leaders of community for
their participation in the conference.
4. Serves as facilitator-strength in the
conference.
5. Assists in healing process of stakeholders
based on the supervision treatment plan.
6. Prepares case-notes reflective of
restorative justice values and utilizing the
following points:
• Impact of crime and effect of
victimization.
• Victim inputs and involvement
opportunities.
• Offender opportunity to take direct
responsibility for the harm inflicted
on the victim and/ or the
community.
What are the restorative justice models that
can be applied in PPA?
Peacemaking Encounter
It is a community-based gathering that brings
the victim, the victimized community, and the
offender together. It supports the healing
process of the victims by providing a safe and
controlled setting for them to meet and speak
with the offender on a confidential and strictly
voluntary basis. It also allows the offender to
learn about the impact of the crime to the
victim and his/her family and to take direct
responsibility for his/her behavior. Likewise, it
provides a chance for the victim and the
offender to forge a mutually acceptable plan
that addresses the harm caused by the crime.
As a community-based decision model, the
agency peacemaking encounter is being
implemented through the following processes:
1. Victim/offender Mediation- a process that
provides an interested victim an
opportunity to meet face-to-face his/her
offender in a secured and structured
 setting or atmosphere, with the help of a
trained mediator, and engage in a
discussion of the past offense and its
impact to his/her life. Its goal is to support
the healing process of the victim and allow
the offender to learn the impact of his/her
life. Its goal is to support the healing
process of the victim and allow the
offender to learn the impact of his/her
offense on the victim’s physical, emotional
and financial existence, and take direct
responsibility for his/her behavior by
mutually developing a restorative Justice
Plan that addresses the harm caused by the
said offense.
2. Conferencing – a process which involves
community of people most affected by the
crime- the victim and the offender and
their families, the affected community
members and trained facilitators and
community strength- in a restorative
discussion of issues and problems arising
from an offense or coincidence which
affects community relationship and
tranquility. Facilitated by a trained
facilitator, the above parties are gathered
at their own volition to discuss how they
and others have been harmed by the
offense or conflict and how that harm may
be repaired and broken relationship may be
restored.
3. Circle of support – a community directed
process organized by the field office and
participated in by the clients, the Volunteer
Probation Aides and selected members of
the community in the discussion of the
offense and its impact. Within the circle,
people freely speak from the heart in a
shared search for understanding the
incident, and together identify the steps
necessary to assist in the reconciliation and
healing of all affected parties and prevent
future crime or conflict.
What are the outcomes or interventions which
can be agreed upon during the restorative
justice process?
a. Restitution is a process upon which the
offender accepts accountability for the
financial and /or non-financial losses
he/she may have caused to the victim. It is
a victim’s right which is very crucial in
assisting the redirection of the victim’s life.
Part of the conditions of probation as
imposed by the Court is the payment of civil
liability to indemnity the victim of the
offender, and to inculcate to the offender a
sense of responsibility and obligation
towards the community.
b. Community Work Service imposed as a
condition of offender’s
Conditional liberty or integral part of his
treatment plan, should be purposely motivated
to make the offender realize that he/she
incurred an obligation to make things right. In
its application, the offender can be subjected
to perform work service measures, including,
but not limited to any of the following:
• Mentoring and intergenerational
service – offenders will develop
their nurturing needs thru caring for
other people; example; with senior
citizens, with orphanages, or with
street children.
• Economic development – to link
directly with the business project;
examples; cleaning downtown area,
tree planting, maintenance of
business zones, housing restoration,
garbage and waste management,
cleaning of esteros, recycling,
 construction, repair of streets and
the like.
• Citizenship and civic participation –
experiential activities which involve
solving community problems;
examples; puppet shows that
showcase values, street dramas,
peer counselling.
• Helping the disadvantaged – this will
enhance offenders selfesteem;
examples assist handicapped, assist
in soup kitchen, tutor peers, visit the
aged in jail and hospitals.
• Crime Prevention Project –
examples; Brgy. Ronda, giving
testimony to the youth.
c. Counselling (whether individual, group or
family)
It will enhance client’s interpersonal
relationship and it will help him/her become
more aware of his/her
shortcomings/weaknesses. This will also help
him/her overcome painful experience that
drove him/her to commit a crime/offense.
d. Attendance to trainings, seminars and
lectures
e. Participation in education, vocation or life
skills program
f. Group therapy session
An intervention which provides recovering
drug dependents or those with serious
behavioral problems an opportunity to discuss
their problems.
g. Spiritual development session/ faith-based
session.
h. Submission to psychological/psychiatric
assessment.
i. Submission to drug test/drug dependency
examination.
j. Attendance to skills training/livelihood
assistance program
k. Marital enhancement program
l. Written or Oral apology
m. Submission to family therapy session
This session aims to develop healthy personal
relationship within the family and to establish
open positive communication between family
members and significant others. Family
members should be oriented in their individual
responsibilities and roles.
n. Confinement in drug treatment
rehabilitation Center including aftercare.
Modalities in the Treatment of Offenders in the
Philippines
The custodial care of adult offenders is handled by
the following:
1. The Bureau of Jail Management and
Penology (BJMP) under the Department of
Interior and Local Government (DILG)
which has supervision over all district, city
and municipal jails and detention centers.
These jails house detainees awaiting
judicial disposition of their case and
offenders whose sentence range from one
day to three years.
2. The Provincial Governments, which have
supervision and control over provincial
jails. These jails house court detainees and
prisoners whose prison terms range from
six months and one day, to three years.
3. The Bureau of Corrections (BUCOR)under
the Department of Justice (DOJ), which has
control over the national penitentiary and
its penal farms, houses convicted offenders
 with prison sentences ranging from 3 years reinforce one another’s acceptance of and
and 1 day to life imprisonment. conformity with the highly structured and
stringent expectations of the community.
Therapeutic Community modality by Parole and
Probation Administration (PPA) How does TC look like?
It is an environment that helps people get help The operation of the community itself is the task
while helping others. It is a treatment of the residents, working under staff supervision.
environment: the interactions of its members are Work assignments, called “job Functions” are
designed to be therapeutic within the context of arranged in a hierarchy, according to seniority,
the norms that require for each to play the dual individual progress and productivity. These
role of client-therapist. At a given moment, one include conducting all house services, such as
may be in a client role when receiving help of cooking, cleaning, kitchen service, minor repair,
support from others because of a problem serving as apprentices and running all
behavior or when experiencing distress. At departments, conducting meetings and peer
another time, the same person assumes a encounter groups.
therapist role when assisting or supporting
The TC operates in a similar fashion to a functional
another person in trouble.
family with a hierarchical structure of older and
- Rehabilitation of probationers, parolees, younger members. Each member has a defined
pardonees, first-time minor drug offenders role and responsibilities for sustaining the proper
and PDL’s as productive, law abiding and functioning of the TC. There are sets of rules and
socially responsible members of the community norms that members upon entry
community. commit to live by and uphold.
- Is a “self help “ social learning treatment
Activities in Therapeutic Community Modality
model used for clients with problems of
drug abuse and other behavioral problems - Provides a well-defined structure for a
such as alcoholism, stealing and other anti- synchronized and focused implementation
social tendencies. of the various interventions/ strategies/
- It provides dynamic “mutual self help” activities
environment in which residents transmit or
1. Individual and Group Counselling intends to assist the clients in trying to sort
out their problems, identify solutions,
reconcile conflicts and help resolve them.
This could be done either by individual or
group interaction with the officers of the
assigned agency.

2. Moral, Spiritual, Values Formation Seminars, lectures or trainings offered by the

designated agency comprise these
rehabilitation activities. Active NGO’s,
schools, civic and religious organizations are
tapped to facilitate the activities.
3. Work or Job Placement/Referral
4. Vocational/Livelihood and
Training
5. Health, Mental and Medical Services
6. Literacy and Education
7. Community Service
8. Client Self-Help Organization
9. Payment of Civil Liability
10. Environment and Ecology Awareness Instill awareness and concern in preserving
Programs
11. Sports and Physical Fitness
Categorized as an informal program wherein
a client is referred for work or job placement
through the officer’s own personal effort,
contact or information.
Skills Includes the setting up of seminars and skills
training classes like food preservation and
processing, candle making etc. to help the
clients earn extra income.
Address some basic needs of clients and
their families, medical missions are
organized to provide various forms of
medical and health services including
physical examination and treatment, free
medicines and test laboratory.
In coordination with LGU programs, adult
education classes are available top help
clients learn basic writing, reading and
arithmetic.
Refers to the services in the community
rendered by clients for the benefit of society.
Takes form of cooperatives and client
associations wherein the clients form
cooperatives and associations as an
economic group to venture on small-scale
projects.
Indemnification to victims of offenders are
pursued despite the economic status of
clients. Payment of obligations to the victims
instills in the minds of the clients their
responsibility and the consequences of the
harm they inflicted to others.
ecological balance and environmental
health, seminars/lectures are conducted
wherein clients participate.
Provide physical exertion like sports, games
and group play are conducted to enhance
the physical well being of clients.

Therapeutic Community modality by BJMP
TCMP in the BJMP set up is quite unique in the
sense that inmates are in custody while
undergoing trial for their individual cases, Their
length of stay is determined by how fast is the
disposition of their cases. The cases may be
decided upon after a short period of time or may
last for years. Though the different phases of
treatment is observed, it cannot be fully
implemented or may not be followed as scheduled
due to the uniqueness of the status of the
residents.
Phase I- Entry/Orientation Phase
Once an inmate is committed to jail, he undergoes
a series of examination to determine his physical,
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 and job functions and TC
hierarchy)
Phase II-Primary Treatment
He must be knowledgeable on the following:
• Proper use of the different tools to address
personal issues and concerns and shape
behavior.
• Managing own feelings and learning how to
express self appropriately.
• Learning how to follow the rules and norms
of the community.
• Maximize participation in activities that are
appropriate to the resident’s need for
growth.
• Learning how to trust the environment by
disclosing self to the community and
develop insight in the process.
• Developing positive coping skills to deal
with difficult life situations.
• Enhancing educational and vocational skills
to make him productive.
Phase III – Pre re-entry
He should focus on the following learning:
• Rebuilding of social and family lies
• Going up the ladder of hierarchy by
showing leadership
• Realization of his full potential to be a
productive member of society
• Mapping out of plans
Phase IV-Re-entry
In the ideal setting, a resident at this stage is now
ready to be released back to society as he has
demonstrated adequate self-control and
discipline. 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 and rebuilding family ties and
relationships.
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 sessions
to ensure their adjustment to life outside jail to
reduce recidivism. For clients released from jail,
they are referred to the Parole and Probation
Administration and Local Government Units for
follow up and aftercare.
Core Programs:
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 are
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 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.
Therapeutic Community Program by the BUCOR
AS TC family members go on with their daily
activities, a strong sense of responsibility and
concern for each other’s welfare are developed.
They are constantly being monitored for their
progress and are regularly being evaluated by the
TC- trained staff. The TC process allows for
genuine introspection, cultivation of self-worth
and positive rationalization that move the
individual towards assuming a greater sense of
personal and moral responsibility.
Core Programs:
1. Moral and Spiritual Program - This refers to
the moral and spiritual values formation of
inmates which shall be institutionalized by
the Directorate for Moral and Spiritual
Welfare (DMSW) which include the
practice of one’s religion and beliefs.
2. Education and Training Program - This
refers to the administration of formal and
non-formal education, and skills
development of inmates which shall be
 institutionalized by the Directorate for
Education and Training (DET). Participating
volunteer teachers, professors, instructors,
and trainers shall be regulated and
managed by Directorate for Education and
Training.
3. Work and Livelihood Program - This refers
to the administration of skills development
programs on work and livelihood to achieve
self-sufficiency of inmates in the prison
community and for income generation of
the agency. This shall be institutionalized by
the Directorate for Work and Livelihood
(DWL). Volunteer participating agencies,
Non-Government Organizations and
individuals shall be regulated and managed
by DWL.
4. Sports and Recreation Program - This refers
to the administration of physical and
recreational engagement to achieve
mental alertness and physical agility in the
spirit of sportsmanship. This shall be
institutionalized by the Directorate for
Sports and Recreation (DSR). Volunteer
participating agencies, Non-Government
Organizations and individuals shall be
regulated and managed by DSR.
5. Health and Welfare Program - This refers to
the administration of proper nutrition,
hygiene, sanitation, cleanliness and
promotion of good health to inmates. This
also includes appropriate provision of
Event Duration Participants
Pre-morning 15mins. Senior
Meeting Residents,
Counselor
Morning Meeting 1 hr. All residents, It is a daily ritual. Attended by whole
Counselor
medical care or hospitalization of the sick,
mentally impaired, old aged, and disabled
inmates. This shall be institutionalized by
the Directorate for Health and Welfare
Services (DHWS). Volunteer participating
agencies, Non-Government Organizations
and individuals shall be regulated and
managed by DHWS.
6. Behavior Modification Program - This refers
to the administration of programs for the
character formation of an inmate
necessary for effective interpersonal
relationship in the prison community. This
program also includes Therapeutic
Community. This shall be institutionalized
by the Directorate for Behavior
Modification (DBM). Volunteer
participating agencies, Non-Government
Organizations and individuals shall be
regulated and managed by DBM.
Components of TCMP:
1. Behavior Management – 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.
The community serves as a dynamic force
that motivates the individual to achieve
positive behavior change.
Procedures
How it is done
The attendees will discuss the
activities to be engaged in the
Morning Meeting, corresponds to the
parts and will agree on the theme or
concept of the day. Includes validation
of pull-ups and other concerns.
community. It is usually facilitated by
 any member of the community, it is
divided into 2 parts namely: (1) public
announcements (reading important
activities or businesses and other
information that the community
needs to know) and community
concerns (2) community-spirit
building or up rituals.

Behavior shaping tools – is employed to strengthen the learning process and the practice of more
adaptive behaviors within the social learning environment.
Major Tools of BST
1. Talk to Outright correction done by any member of
the TC community to another member who
has done a minor infraction but is not aware
of it and done in a friendly manner and
privately.
2. 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 the peers. This is
done when the violator is unknown and must
be validated first prior to bringing up in the
morning meeting.
3. 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. A panel of 3 composed of a
senior resident, peer and a friend are tasked
to deliver a serious and stern reprimand to
the subjected resident.
4. 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 will
be given by the dept. head and other 4
residents with the tone of more serious and
can be loud, more harsh and exaggerated.
5. Learning Experience An action or activity given to a resident who
has subjected to hair cut or general meeting
who did an infraction to correct or modify a
behavior.
It can be task-oriented, written tasks and
peer interaction.
 6. Bans Are sanctions to members who commit
repeatedly infractions or violations to the
cardinal Rules by prohibiting, disallowing or
limiting an activity or affiliation to a group.
7. General Meeting Such issue should be discussed with the
community to point out to the violator the
negative effect of the behavior had on the
community, includes sexual acting-out with a
fellow resident, taking drugs and engaging in
physical fight with another resident. Other
facilities include stealing or even smoking as
part of the cardinal rules.
8. Expulsion In extreme cases, when a resident is
incorrigible and becomes a threat to the
community (instigator, initiator of jail
disturbances), the director with the
recommendation of the Disciplinary Board
may transfer him/her to the nearest jail
facility with an appropriate court order.

Psychological and Emotional Aspect

Counseling – 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.
Characteristics of Counselling
Empathy The ability to perceive the client’s feelings
and to demonstrate accurate perception of
the client.
Warmth Involves accepting and caring about the
client as a person, regardless of any
evaluation or prejudices on the client’s
behavior or bodily gestures.
Respect Our belief in the client’s ability to make
appropriate decisions and deal appropriately
with his or her life situation.
Congruence Genuiness is being honest and aunthentic in
dealing with the client.
Confidentiality Means that anything discussed during
counselling sessions is held private.

Pattern of Counselling:
 1. Introduction (10mins.)
2. Information gathering
3. Discussion/Counselor Input
4. Conclusion
Includes: greetings, shaking hands, escorting
to counselling, time to develop rapport and
assure client confidentiality.
Know the reason of counselling, client do
more the talking, counselor may ask open
questions.
Counselor develops a list of concerns,
prioritize problems, provide plans of actions
to work.
Motivate the client that he can do it, end
session on a positive note

When to break confidentiality?

1. Children are being neglected and abused.
2. Appearance in court as a witness.
3. Client expressed plan to commit suicide.
4. Client expressed plan to harm others.

Notes in Institutional Correction

Correction – is a branch of the Criminal Justice System concerned with the custody, supervision and
rehabilitation of criminal offenders.
Correction Administration – It is the study and practice of a systematic management if jails or prisons
and other institutions concerned with the custody, treatment, and rehabilitation of criminal offenders.
Penal Management – is the manner or practice of managing or controlling places of confinement as in
jails or prisons.
Penology – study of punishment for crime or of criminal offenders, a term derived from the Latin word
“POENA” which means pain or suffering.
Punishment – is the redress that the state takes against an offending member of society that usually
involves pain and suffering.
Two Approaches of Correction:
1. Institutional Correction (Institutional-based Correction – rehabilitation or correctional programs
take place insdie correctional facilities or institutions.
2. Non-Institutional Correction (Community-based Correction) – rehabilitation or correctional
programs take place within the community.
Imprisonment – Defined as the act of confinement of a person in prison; restraints of one’s personality;
forcible detention of a man’s person or his movements.
CONSTITUTIONAL LIMITATION OF THE GOVERNMENT TO PUNISH CRIMINALS:
Legal rights against Unlawful Imprisonment or Detention according to 1987 Constitution, which states,
“No person may be deprived of lives, liberty and property without due process of Law”.
Difference between Arbitrary Detention and Illegal Detention
ARBITRARY ILLEGAL DETENTION
DETENTION Art. 267-268, RPC
Art. 124, RPC
Unlawful detention Unlawful detention
of a person of a person
committed by committed by
public officers or private person.
officials

Historical Perspective and Philosophy on Correction

Definitions of Punishment
• Means of social control
• An infliction of some sort of pain
• Penalty imposed as for transgression of law
EARLY CODES:
• King Ur-Nammu” Code – It holds the principle to pay back to the victim what the criminal done
either in fines or penalties, before the Hummurabi’s code during 2100 year B.C.
• Code of Hammurabi – the first formal laws dealing with the imposition of justice in 1750 before
Christ in babylonia. With the concept known as “Lex Taliones”. Which means ‘ An eye for an eye
and a tooth for a tooth”
• Mosaic Law – it has already the concept of restitution, extreme punishment such as plugging or
burning alive are allowed but the offender is entitled to such rights as freedom from torture and
the admission of guilt is admissible if there is one witness to confirm.
• Justinian Code (Code of Justinian 16th century) – ancient Greece (Roman Emperor Justin), it has
twelve tables of Roman law, each table contain every crime in those days and with specified
penalty for every offense.
• Burgundian Code – for benefit of the nobles, middle class not the lower class according to the
social class of the community.

ANCIENT FORMS OF PUNISHMENT

1. Death Penalty – affected by burning, beheading, hanging, breaking at the wheels, pillory and other
forms of medieval executions.
2. Corporal Punishment (Physical Torture) – affected by maiming, mutilation, whipping and the
other inhumane or barbaric forms of inflicting pain.
3. Social Degradation – putting the offender into shame or humiliation.
4. Banishment (Transportation) or Exile – the sending or putting away of an offender which was
carried out either by prohibition against coming into a specified territory such as an island to
where the offender has been removed.
JUSTIFICATION OF PUNISHMENT
6. 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.
7. Expiation or Atonement – it is punishment in the form of group vengeance where the purpose is
to appease the offended public or group.
8. Deterrence or Exemplarity – 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.
9. Incapacitation ( Social defense) 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
effected by placing offenders in prison so that society will be ensured from further criminal
depredations of criminals.
10. 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 his return to the community by requiring him to undergo intensive
program of rehabilitation in prison.
CONTEMPORARY FORMS OF PUNISHMENT
1. Imprisonment – putting the offender in prison for the purpose of protecting the public against
criminal activities and at the same time rehabilitating the prisoners by requiring them to undergo
institutional treatment programs.
2. Parole – a conditional release of a prisoner after serving part of his sentence in prison for the
purpose of gradually re-introducing him to free life under the guidance and supervision of a parole
officer.
3. Probation – a disposition whereby a defendant after conviction of an offense, the penalty of which
does not exceed six years imprisonment, is released subject to the conditions imposed by the
releasing court and under the supervision of a probation officer.
4. Fine – an amount given as a compensation for a criminal act.
5. Destierro – the penalty of banishing a person from the place where he committed a crime,
prohibiting him to get near or enter the 25 km perimeter.
6. Community Service- commonly imposes to those simple infractions of laws.
THEORIES JUSTIFYING IMPOSITION OF PUNISHMENT (Penalty)
1. Prevention Theory – the state must punish the criminal to prevent or suppress the danger to the
state arising from the criminal acts of the offender.
2. Self Defense Theory – the state has the right to punish the criminal as a measure of self-defense
os as to protect society from the threat and wrong inflicted by the criminal.
3. Reformation Theory – the object of punishment is to correct and reform the offenders.
4. Exemplary Theory – the criminal is punished is to serve as an example to deter others from
committing crimes.
 5. Justice Theory – the crime must be punished by the state as an act of retributive justice a
vindication of absolute right and moral law violated by the criminal.

THE GOLDEN AGE OF CORRECTION, THE AGE OF ENLIGHTENMENT.

18th century is a century of change. It is the period of recognizing human dignity. It is the period
of recognizing human dignity. It is the movement of reformation, the period of introduction of certain
reforms in the correctional field by certain person, gradually changing the old positive philosophy of
punishment to a more humane treatment of prisoners with innovational programs.
SCHOOLS OF THOUGHT IN CORRECTION
A. PRE-CLASSICAL THEORIES
• Secular Theory of Punishment (Aristotle) –restoring the balance between pleasure and pain,
whereby the loss suffered by the victim is compensated by the suffering of the offender.
• Judean-Christian Theory – punishment has a redemptive purpose of repelling sin advocated by
the devil.
• The Rise of Canonical Courts (Church’ Court) - the church forbid its adherence to state court and
later in medieval period the power of state court decline and canonical court was mainly for
reformatory in purpose.
• Individualization of Punishment –the lawmakers and judges had the practical task of making and
administering law, but also face to face with indignation of the community at a particular offense.
• Abuse of Judicial Individualization – the law gave judges wide discretion to impose additional
penalties in view of the circumstances.
B. CLASSICAL SCHOOL
- Considered man as a free moral agent therefore he is responsible for his acts.
C. NEO-CLASSICAL SCHOOL
- The judge was given discretion in certain crimes to vary punishments between the maximum
and minimum fixed by the law.
D. POSITIVE SCHOOL
- Defined individual responsibility and reflected an essentially non-punitive reaction to crime
and criminality.
E. MODERN CLINICAL SCHOOL
- It studies the criminal rather than the crime.

PIONEERS OF REFORMATION
William Penn (1614-1718)
He fought for religious freedom and individual rights. He is the first leader to prescribe
imprisonment as correctional treatment for major offenders. He is also responsible for the abolition of
death penalty and torture as a form of punishment.
Charles Montesiquieu ( Charles Louis Secondat, Baron de la Brede et de Montesiquieu)
 He was French historian and philosopher who analyzed law as an expression of justice. He believe
that harsh punishment would undermine morality and that appealing to moral sentiments as a better
means of preventing crime. Promote the word despotism….
VOLTAIRE ( Francois Marie Arouet) (1694-1778)
He was the most versatile of all philosophers during this period. He believes that fear of shame
was a deterrent to crime. He fought the legality-sanctioned practice of torture.
Cesare Bonesa, Marchese de Beccaria (1738-1794)
He wrote an essay entitled “an Essay on Crimes and Punishment”, the most exiting essay on law
during this century. It presented the humanistic goal of law. Despotism
Jeremy Bentham (1748-1832)
He was one of the greatest leaders in the reform of English Criminal law. He believes that
whatever punishment designed to negate whatever pleasure or gain the criminal derives from crime;
the crime rate would go down. He was the one who devise the ultimate PANOPTICAN PRISON – a prison
that consists of a large circular building containing multi cells around the periphery.

John Howard (1726-1790)

He was sheriff of Bedsfordshire in 1773 who devoted his life and fortune to prison reform. After
his findings on English Prisons, he recommended the following: single cells for sleeping, segregation of
women, segregation of youth, provision of sanitation facilities, and abolition of fee system by which
jailers obtained money from prisoners.

THE REFORMATORY MOVEMENT (1819-1870)

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.
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.
Sir Evelyn Ruggles Brise – the director of the English Prison opened the Borstal Institution for young
offenders. The Borstal Institution is considered as the best reform institution for young offenders today.
Frederic-Auguste Demetz of France – established an agricultural colony for delinquent boys in 1839
providing housefathers as in charge of these boys. Re-education rather than force, agricultural colony…
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.
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. The Elmira Reformatory, “the hill”
is considered forerunner of modern penology because it had all the elements of a modern system.
-Elizabeth Fry- recognize the rights and needs of women prisoners, one of the leaders of Society for
the Reformation of Prison Discipline, propose also that women officers shall manned the women
prisoners not man officers.
GOLDEN AGE OF PENOLOGY (1870 -1880)
1870 –the National Prison Association, now American Correctional Association, was originated and its
first annual Congress was held in Cincinati, Ohio. Has taken active leadership in reform movements in
the field of crime prevention and treatment of offender.
1872 –the first International Prison Congress was held in London, as a result the International Penal and
Penitentiary Commission, an inter-governmental organization, was established in 1875 with
headquarters at the Hague.
1876 – Elmira Reformatory, which was considered as the forerunner of the modern penology, was
opened in Elmira, New York in 1876, the features of Elmira were a training school type of institutional
program.
PERIOD OF TRANSITION (1935-1960)
1. Alcatraz – also known as the “Rock”, a super maximum security facility island prison for inmates
in San Francisco bay area and part of the U.S. Bureau of Prisons until its closure.
2. Lock Psychosis – denoting the adherence of prison administrators with security and community
protection, to be accomplished through extensive use of locks, headcounts and internal control
of inmates.
3. Convict Bogey –irrational fear of prison inmates who can only be managed through head counts,
locking and recounting.
THE EARLY PRISONS
Mamertine Prison
The only early Roman place of confinement, which is built under the main sewer of Rome in 64
B.C.
Bridewell Workhouse
The most popular workhouse in London (1557) which was built for the employment and housing
of English prisoners.
Wallnut Street jail
Originally constructed as a detention jail in Pheladelphia was converted into a state prison and
became the first American.
EARLY FORMS OF PRISON DISCIPLINE
1. Hard Labor – productive works
2. Deprivation – deprivation of everything except the essentials of existence.
3. Monotony – giving the same food that is “off diet” or requiring the prisoners to perform drab or
boring daily routine.
4. Uniformity – “ we treat the prisoners alike”, “the fault of one is the fault of all”
5. Mass movement – mass living in cellblocks, mass eating, mass recreation, mass bathing.
6. Degradation – uttering insulting words or languages on the part of prison staff to the prisoners to
degrade or break the confidence of prisoners.
7. Corporal Punishment – imposing brutal punishment or employing physical force to intimidate a
delinquent inmate.
8. Isolation or Solitary Confinement – non-communication, limited news, “the lone wolf”.
THE TWO RIVAL PRISON SYSTEMS IN THE HISTORY OF CORRECTION
The Auburn Prison System
The prison system called the “Congregate System”. The prisoners are confined in their own cells
during the night and congregate work in shops during the day.
The Pennsylvania Prison System
The prison system called “Solitary System”. Prisoners are confined in single cells day and night
where they lived, they slept, and they ate and receive religious instructions.

Penalty-Is defined as the suffering inflicted by the state against an offending member for the
transgression of law.

JURIDICAL CONDITIONS OF PENALTY, PUNISHMENT MUST BE:

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

HISTORICAL SETTING OF CORRECTION IN THE PHILIPPINES

The Philippines is one of the many countries that came under the influence of the Roman Law.
History has shown that the Roman Empire reached its greatest extend to most of continental Europe
such as Spain, Portugal, French and all of Central Europe.
Eventually, the Spanish Civil Code became effective in the Philippines on December 7, 1889, the
“Conquistadores”. The “Kodigo Penal” was also introduced promulgated by the King of Spain.
Most tribal traditions, customs and practices influenced laws during the Pre-spanish Philippines.
There were also laws that were written which includes the Code of Kalantiao the most extensive and
severe law that prescribes harsh punishment and the Maragtas Code.

EARLY PRISONS IN THE PHILIPPINES

In 1847, the first Bilibid Prison was constructed and became the central place of confinement for
Filipino Prisoners by virtue of the Royal Decree of the Spanish crown.
In 1936, the City of Manila exchanges its muntinlupa property with the Bureau of Prisons originally
intended as a site for boy’s training school. Today, the old Bilibid Prison is now being used as the Manila
City Jail, famous as the “May Halique State”
Prison – it is penitentiary, an institution for the imprisonment of persons convicted of serious crimes.
- A place of confinement for those charged with or convicted of offenses against the laws of the
land.
Prisoner – is any person detained/confined in jail or prison for the commission of a criminal offense or
convicted and serving in a penal institution.

GENERAL CLASSIFICATION OF PRISONERS

1. Detention Prisoners- those detained for investigation, preliminary hearing, or awaiting trial. A
detainee in a lock up jail. They are prisoners under the jurisdiction of courts.
2. Sentenced Prisoners – offenders who are committed to the jail or prison in order to serve their
sentence after final conviction by a competent court. They are prisoners under the jurisdiction of
penal institutions.
3. Prisoners who are on safekeeping – includes non-criminal offenders who are detained in order to
protect the community against their harmful behavior. Ex: mentally deranged individuals.
CLASSIFICATION OF SENTENCED PRISONERS
1. Insular or National Prisoners – those sentenced to suffer a term of sentence of 3 years and 1
day to life
imprisonment.
2. Provincial Prisoners – those persons sentenced to suffer a term of imprisonment from 6
months and 1 day
to 3 years or a fine not more than 1, 000 pesos, or both; or those detained therein waiting for
preliminary
investigation nf their cases cognizable by the RTC.
3. City Prisoners – those sentenced to suffer a term of imprisonment from 1 day to 3 years or a
fine of not more than 1, 000 pesos or both.
4. Municipal Prisoners – those confined in Municipal jails to serve an imprisonment from 1 day
to 6 months.

CLASSIFICATION OF PRISONERS ACCORDING TO DEGREE OF SECURITY:

Super Maximum Security Prisoners
A special group of prisoners composed of incorrigible, intractable, and highly dangerous persons
who are the source of constant disturbances even in a maximum-security prison.
Maximum Security Prisoners
It is the group of prisoners whose escape could be dangerous to the public or to the security of
the state. It consist of constant troublemakers but not as dangerous as the super maximum-security
prisoners. There movements are restricted and they are not allowed to work outside the institution but
rather assigned to industrial shops within the prison compound.
Medium Security Prisoners
Those who cannot be trusted in open conditions and pose lesser danger than maximum-security
prisoners in case they escape. It consists of groups of prisoner.
Minimum Security Prisoners
Those who can be trusted to work in an open condition even without the presence of the prison
security personnel and having 1 month to 6 months remaining sentence to serve in prison.

Classification of Inmates as to Entitlement to Privileges

 a. Detainee – a person who is confined in prison pending preliminary investigation, trial or appeal;
or upon legal process issued by competent authority;
b. Third Class inmate –one who has either been previously committed for three or more times as a
sentenced inmate, except those imprisoned for nonpayment of a fine and those who had been
reduced from a higher class;
c. Second Class Inmate –a newly arrive inmate; an inmate demoted from first class; or one promoted
from the third class;
d. First Class Inmate- one whose known character and credit for work while in detention earned
assignment to this class upon commencement of sentence; or one who has been promoted from
the second class;
e. Colonist –be a first class inmate and has served one year immediately , has served imprisonment
with good conduct for a period equivalent to one fifth of the maximum term of his prison sentence
or seven years in the case of a life sentence.

What is a Jail?
It is a place for locking- up or persons who are convicted of minor offenses or felonies who are to
serve a short sentences imposed upon them by a competent court, or for confinement of persons who
are awaiting trial or investigation of their cases.
Types of Jails
1. Lock- up Jails - is a security facility, common to police stations, used for temporary confinement
of an individual held for investigation.
2. Ordinary Jails – is the type of jail commonly used to detain a convicted criminal offender to
serve sentence less than three years.
3. Workhouses, Jail Farms or Camp - a facility that houses minimum custody offenders who are
serving short sentences or those who are undergoing constructive work programs.
Penalties as to gravity
1. Death penalty – capital punishment
2. Reclusion Perpetua – life imprisonment, a term of 20-40 yrs imprisonment.
3. Reclusion Temporal – 12 yrs and 1 day to 20 yrs imprisonment.
4. Prison Mayor – 6 yrs and 1 day to 12 yrs.
5. Prison Correctional – 6 months and 1 day to 6 yrs.
6. Arresto Mayor – 1 month and 1 day to 6 months.
7. Arresto Menor – 1 day to 30 days.
8. Bond to keep the peace – discretionary on the part of the court.

PHILIPPINE PRISON SYSYTEM

Established in 1847 pursuant to Section 1708 of the Revised Administrative Code and formally
opened by Royal Decree in1865, the Old Bilibid Prison was constructed as the main penitentiary on
Oroquieta Street, Manila, became known as “Carcel y Presidio Correccional” established on June 25,
1865.
In November 1, 1905, Reorganization Act 1407 was passed into law mandating the Philippine
Commission to create the Bureau of Prisons under the Department of Commerce and Police.
 Under Executive Order No. 292 known as the Administrative Code of 1987 that leads to the
creation of Bureau of Correction, which shall have its principal task in the rehabilitation of prisoner.
On May 24, 2013, President Benigno S. Aquino III signed into law Republic Act No. 10575,
otherwise known as “ The Bureau Of Corrections Act of 2013, which mainly seeks to provide for the
modernization, professionalization and reconstructing of the BuCor by upgrading its facilities, increasing
the number of its personnel, upgrading the level of qualifications of their personnel and standardizing
their base pay, retirement and other benefits.
The Bureau of Corrections
Bureau of Prisons was renamed Bureau of Corrections under Executive Order 292 passed during
the Aquino Administration.
The Bureau of Corrections has general supervision and control of all national prisons or
penitentiaries.

Coverage of the Bureau of Corrections

National Bilibid Prisons (Muntinlupa, Rizal) (Commonwealth Act No. 67)

New Bilibid Prisons (Main Building)
Camp Sampaguita
Camp Bukang Liwayway

Reception and Diagnostic Canter (RDC)

Correctional Institution for Women (Mandaluyong City) (Republic Act no. 3579)
The Penal Colonies:
Sablayan Penal Colony and Farm (Occ. Mindoro)
Iwahig Penal Colony and Farm (Puerto Princesa City,Palawan)
Davao Penal Colony and Farm (Panabo and Tagum, Davao Del Norte)
San Ramon Penal Colony and Farm (San Ramon,Zamboanga City)
Leyte Regional Prison (Abuyog Leyte)

Bureau of Jail Management and Penology (BJMP)

The BJMP exercises supervision and control over all cities and municipal jails throughout the
country. The enactment of Republic Act no. 6975 created the BJMP. It operates as a line bureau under
the Department of the Interior and Local Government (DILG).

Powers of the BJMP

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

Functions of the BJMP

In line with its mission, the Bureau endeavors to perform the following:
 1. Formulate policies and guidelines on the administration of all districts, city and municipal jails
nationwide;
2. Formulate and implement policies for the programs of correction, rehabilitation and treatment of
offenders;
3. Plan the program funds for the subsistence allowance of offenders;
4. Conduct researches, develop and implement plans and programs for the improvement of jail services
throughout the country.

Organization and Key Positions in the BJMP

The BJMP, also referred to as the Jail Bureau, was created pursuant to Section 60, R.A. no. 6975,
and initially consisting of uniformed officers and members of the Jail management and Penology service
as constituted under P.D. no. 765.

The Bureau shall be headed by a chief with the rank of Director, and assisted by a Deputy Chief
with the Rannk of Chief Superintendent.

The Central Office is the Command and Staff HQ of the Jail Bureau composed of 3 Command
Groups, 6 Coordinating Staff Divisions, 6 Special Staff Groups and 6 Personal Staff Groups namely:
Command Group, Coordinating Staff Groups, Special Staff Groups, and Personal Staff Groups.

Appointing
Rank Position/Title
Authority
Director Chief of the Sec. of DILG
BJMP
C/Supt Asst. Regional Same
Dir.
Sn. Supt. Asst. Regional Same
Dir.
Supt. Asst. Regional Same
Dir.
Chief Insp. Warden Under
Secretary
Sn. Insp. Warden Same
Inspector Warden Same
JO1 to SJO4 Jail Guards Chief BJMP

Duties and Responsibilities

WARDEN
THE warden is responsible for the Direction, Coordination, and Control of the Jail. This includes
the Security, safety, discipline and well being of inmates.

The offices of the warden may organize the following units:

1. Intelligence and Investigation Team – it gathers, collates and submits intelligence information
to the office of the warden on matter regarding the jail condition.
 2. Jail Inspectorate Section – Inspect jail facilities, personnel, and prisoners and submit reports to
the warden.
3. Public Relation Office – maintain public relation to obtain the necessary and adequate public
support.

ASSISTANT WARDEN
The office of the Assistant Warden undertakes the development of a systematic process of
treatment. The Assistant Warden is the Chairman of the Classification Board and Disciplinary Board.

ADMINISTRATIVE GROUPS
The administrative groups take charge of all administrative functions of the jail bureau.

Personnel Management Branch – assignment of personnel, Procedures of selection, Preparation

of personnel reports, Individual record file

Records and Statistics Branch – keep and maintain booking sheets and arrest reports, Keep an
orderly record of fingerprints and photographs, Present/Prepare statistical data of inmates

Property and Supply Branch – take charge of the safekeeping of equipments and supplies and
materials needed for the operation of the jail

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 - the branch responsible for the maintenance and repair of jail facilities
and equipments. It also task with the cleanliness and beautification of the jail compound.

Mittimus Computing Branch – tasked to receive court decisions and compute the date of the full
completion of the service of sentence of inmates.
A mittimus is a warrant issued by a court directing the jail or prison authorities to receive
the convicted offender for the service of sentence imposed therein or for detention.

THE SECURITY GROUPS

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

Escort Platoon is composed of the a) Escort Section – to escort inmate upon order of any judicial body;
upon summon of a court; or transfer to other penal constitutions. b) Subpoena Section - receives and
distribute court summons, notices, subpoenas, etc.

Security Platoon - a three (3) working platoon shifts responsible for overall security of the jail compound
including gates, guard posts and towers. They are also responsible for the admitting and releasing unit.
RA Act no. 9263 – An act providing for the professionalization of the Bureau of fire protection and the
Bureau of jail management and penology, amending certain provisions of Republic act no. 6975,
providing funds thereof and other purposes. An act shall be known as the “Bureau of Fire Protection and
the Bureau of Jail Management and Penology Professionalization Act 2004.”

INSTITUTIONAL CUSTODY, SECURITY AND CONTROL

Diversification – is the principle of separating homogenous type of prisoners that requires special
treatment and custody.
- Is an administrative device of correctional institutions of providing varied and flexible types of physical
plants for the more effective custody, security and control of the treatment programs of its inmates.
Classification – is a method by which diagnosis, treatment planning and execution of the treatment
programs are coordinated in the individual case study and a process of determining the needs and
requirement of prisoners for assigning them to programs according to their needs and existing resources.

FOUR SEPARATED BUT COORDINATED CLASSIFICATION PROCEDURE

Diagnosis – prisoner’s case history is taken and his personality is being studied through examination and
observations.
Treatment planning – it is the formulation of tentative treatment programs suited for the prisoner.
Execution of the treatment program – it is the application of the treatment programs and policies by the
classification committee.
Re-classification – treatment program is kept current with the inmates changing needs.
PURPOSE OF THE CLASSIFICATION PROCESS
The classification process is adopted to determine the work assignment, type of supervision and
custody which will be applied to the prisoners.
PRISON SECURITY, CUSTODY AND CONTROL
SECURITY – it involves safety measures to maintain the orderliness and discipline with in the jail or prison.
PRISON DISCIPLINE – is the state of good order and behavior. It includes maintenance of good standards
of works, sanitation, safety, education, health and recreation.
PREVENTIVE DISCIPLINE- is the prompt correction of minor deviations committed by prisoners before
they become violations.
CONTROL- it involves supervision of prisoners to ensure punctual and orderly movement from one place
work program or assignment to another.
CUSTODY- is the guarding or penal safekeeping; it involves security measures to insure security and
control within the prison.
The Prison Custodial Division is charged of all matters pertaining to the custody of the
prisoners and security of the institution.
AIMS OF INSTITUTIONAL SECURITY AND CONTROL
1. Prevention of escapes
2. Control of contrabands
3. Maintenance of good order
DISCIPLINARY BOARD IN JAILS
 The disciplinary board for jails is a board that is organized and maintained with in our local jails
for the purpose of hearing disciplinary cases involving violation of jail rules and regulations by the
inmates.
DISCIPLINARY PUNISHMENTS:
1. Reprimand
2. Temporary or permanent cancellation of privileges in jails.
3. Extra-fatigue duty or assignment to a disciplinary squad for manual labor.
4. Close confinement in a cell or solitary confinement, which shall not exceed seven days in any
calendar month.
5. Transfer to other penal institution.
6. Loss of good conduct time allowance.
FUNCTIONS OF THE DISCIPLINARY BOARD
The warden or superintendent tasks the board to investigate the facts regarding the alleged
misconduct referred to it. It holds sessions as often as necessary in a room that may be provided for the
purpose. All cases referred to it must be heard and decided within 48 hours from the date of the receipt
of the case.
Limitations of punishment imposed to offenders
THE GENERAL RULE is “every violation of jail/prison discipline shall be dealt with accordingly. In
extreme cases, where the violation necessitates immediate action, warden or the officer of the day may
administer the necessary restraints and reports the action taken to the disciplinary board.
Under section 3, par. D , Rule XIV of the BJMP Manual states the limitations of punishment
imposed to offenders as:
1. No female offender shall be subjected to any disciplinary punishment that may affect her unborn
or nursing child.
2. No handicapped offender shall be made to suffer a punishment that might affect his health or
physical well being.
3. Corporal punishment, confinement in dark, ill – ventilated cells and any other form of cruel,
unusual, inhumane or degrading punishment are absolutely prohibited.
4. Whenever the penalty of extra-fatigue duty or solitary confinement imposed affect the health of
the offender, medical examination shall be conducted to determine his physical fitness to serve
his punishment.
5. The jail physician shall visit the inmate undergoing punishment when necessary and shall advise
the warden if he recommends the termination of the punishment on grounds of physical and
mental health.
• Instrument of restraint such as handcuffs, leg iron and straightjacket are not to be used as a
precaution against escape or on the ground of medical precautions to prevent the offender from
injuring himself or others.
REHABILITATION PURPOSES GROUPS
This group provides services and assistance to prisoners and their families to enable them to solve
their individual needs and problems arising from the prisoners’ confinement.

A. Medical and Health Services Branch - provides medical and physical examinations of inmates upon
confinement, treatment of sick inmates and conduct medical and physical examinations and
provide medicines or recommends for the hospitalization of seriously ill prisoners or inmates. It
also conducts psychiatric and psychological examinations.
B. Work and Education Therapy Services - is take charge of the job and educational programs needed
for rehabilitation of inmates by providing them job incentives so they can earn and provide
support for their families while in jail.
C. Socio- Cultural Services – it takes care of the social case work study of the individual prisoners by
making interviews, home visits, referral to community resources, free legal services, and liaison
works for the inmates.

D. Chaplaincy Services – it takes charge of the religious and moral upliftment of the inmates through
religious services. This branch caters to all religious sects.

E. Guidance and Counseling Services – responsible for the individual and group counseling activities
to help inmates solve their individual problems and to help them lead a wholesome and
constructive life.

Reception and Diagnostic Center (RDC)

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

It is composed of the following staff members:

1. The Psychiatrist – responsible in the examination of the prisoner’s mental and emotional make-
up.
2. The Psychologist – responsible to conduct study on the character and behavior of the prisoners.
3. The Sociologist – study the social case situation of the individual prisoner.
4. The Educational Counselor – conducts orientation classes in order to change inmates’ attitude
towards education and recommends educational program for the prisoner.
5. The Vocational Counselor – to test the prisoner’s special abilities, interest and skills and
recommends for the vocational course best suited to the prisoner.
6. The Chaplain – encourage the prisoner to participate in religious activities.
7. The Medical Officer – conducts physical examination and recommends medical treatment of
prisoners.
8. Custodial- Correctional Officer – recommends the transfer and type of custody of inmates

The Quarantine Cell or Unit

• This may be a unit of the prison or a section of the RDC where the prisoner is given thorough
physical examination including blood test, x-rays, vaccinations and immunity. This is for the
purpose of insuring that the prisoner is not suffering from any contagious disease, which might
be transferred to the prison population.
ADMISSION PROCEDURES IN PRISON
• Receiving – the new prisoner is received at the RDC. The new prisoner usually comes from a
provincial or city jail where he was immediately committed upon conviction by the court, and
escorted by the escort platoon during his transfer to the National Prison.
 • Checking of Commitment Papers – the receiving officer checks the commitment papers if they
are in order. That is, if they contain the signature of the judge or the signature of the clerk of
court, and the seal of the court.
• Identification – the prisoner’s identity is established through the picture and fingerprint appearing
in the commitment order. This is to insure that the person being committed is the same as the
person being named in the commitment order.
• Searching – this step involves the frisking of the prisoner and searching his personal things.
Weapons and other items classified as contraband are confiscated and deposited to the property
custodian. Other properties are deposited with the trust fund officer under recording and
receipts.
• Briefing and Orientation – the prisoner will be brief and oriented on the rules and regulations of
the prison before he will be assigned to the RDC or the quarantine unit.

ORIENTATION PROCEDURES IN PRISON

• Orientation takes place with the first few days in the center which consists in:
• Giving the prisoners a booklet of rules and regulations and explaining the rules to them.
• Conducting group meeting of the center to explain to the inmates the available treatment
programs and the purpose of these treatment programs.
• Holding sessions with the members of the Center’s staff to explain what the inmates should do
in order to profit most from their experiences.

THE TREATMENT PROGRAMS

• The Philippine Prison System adopted two approaches in treating criminal offenders. These are
the Institution-Based Treatment Programs and the Community-Based Treatment Programs.
• These programs aimed towards the improvement of offender’s attitude and philosophy of life,
the main goal being the ultimate rehabilitation of offenders by changing inmate’s attitude.
• TREATMENT OF SPECIAL OFFENDERS
Female offenders – the women’s quarter should be fully separated from the men quarters and
no men shall be allowed to enter the women’s quarter. Female jail staff members must do all
handling and supervision of female prisoners. Only works suitable to their sex, age and physical
conditions should be assigned to them.
Drug addicts, alcoholics, sex deviates and mentally-ill inmates – they must be controlled through
segregation and close supervision, the medical officer shall make special treatment,medications,
measures should be taken to enable the offender to follow strictly the physician’s advice, transfer
of the inmate to the appropriate government or private authority for their special treatment.

MODELS OF CRIMINAL TREATMENT

• Control Model of a prison management, which emphasizes prisoner obedience, work end
education.
• Responsibility Model of a prison management that stress prisoners; responsibility for their own
action, not administrative control to assure prescribed behavior
• Custodial Model, based on the assumptions that prisoners have been incarcerated for the
protection of the society wand for the purpose in incapacitation, deterrence, and retribution.
 • Rehabilitation Model, security and housekeeping activities are viewed primarily as a framework
for rehabilitative efforts.
• Reintegration Model is linked to the instructors and goals of community correction but has direct
impact on prison operations, although an offender is confined in prison, that experience is
pointed toward reintegration into society.
• Total Institution – “the prison like other total institution, is a place of residence and work where
a large number of liked- situated individuals, cut off from wider society for an appreciable period
of time together lead an enclosed, formally administered round of life.”

Basic Rights of Inmates according to Bureau of Correction Operating Manual

1. To receive compensation for labor he performed.
2. To be deducted good conduct and time allowance from sentence as long as there is no infractions
warranting non-deduction under the law
3. To send and received correspondence
4. To practice his faith or religion
5. To receive authorized visitors on designated time and place
6. To air grievances to the proper channels
7. To receive death benefits and pecuniary aid for injuries

Manner of releasing
A prisoner maybe release by:
1. Service of sentence
2. Order of the court
3. Parole
4. Pardon
5. Amnesty
6. Any lawful order form competent authority
Transfer of Inmates
1. Transfer of Inmates to Another Prison –an inmate may be transferred by the Director upon the
recommendation of the Superintendent concerned to another prison facility to bring said inmates
closer to his family or as part of his rehabilitation program.
2. Transfer of Insane Inmates – who has been confirmed to ne mentally abnormal or inasne may be
transferred to a mental hospital with the approval of the Director.
3. Transfer of inmate to a stockade of the Arm Forces of the Philippines (AFP) – provided that the
inmate is certified as minimum security risk and does not belong to : life term or sentenced to
death, with previous escape record, recidivist, female inmate, more than 50 yrs old, permanent
resident of a place within radius of 100 kilometers from the AFP with pending case or a witness in
any pending criminal case.
4. Transfer of inmate not eligible to be a colonist to a prison and penal farm – upon the
recommendation of the classification board, the director may transfer to a prison and penal farm
an inmate who is physically fit and such assignment is therapeutically indicated.
5. Transfer to inmates to a Provincial Jail and Vice Versa – the president may direct, as the occasion
may require the transfer of inmates from national prison to a provincial jail, or vice versa.
6. Mental and physical examination of inmate.
Outside Movement of Inmates ;
a. Outside Confinement Facility – the superintendent may authorize an inmate appear in court or
other government agency as directed by competent authority, for medical examination and to
view the remains of a deceased relative.
b. Approval of Secretary of Ouside Movement
c. Death Convict – shall not be allowed to leave his place of confinement except for the urgent
treatment or diagnosis cannot be done in the prison hospital.
d. Basis of Court Appearance – based on subpoena issued by the court as endorsed by the Director.

The courts and entities authorized to commit a person to prisons and jails are:

1. Supreme Court
2. Court of Appeals
3. Regional Trial Court
4. Metropolitan/Municipal Trial Court
5. Municipal Circuit Trail Court
6. Board of Transportation
7. Deportation Board
8. Commission Election
9. National Prosecution Service
10. Police Authorities
11. All other administrative office as may be authorized by law

PENAL PROVISIONS ON CORRECTIONS

Philippine Correctional Philosophies and their Legal Basis
The Philippine Constitution of 1997
1. The state values the dignity of every human person and guarantees full respect for human rights.
(Sec 11, Art. II)
2. No person shall be detained solely by reason of his political beliefs and aspirations. (Sec 18 (1), Art.
III)
3. No involuntary servitude in any form shall exist except as a punishment for a crime whereof the
party shall have been fully convicted. (Sec. 18 (2), Ibid.)
4. Excessive fines shall not be imposed, nor cruel, degrading or inhuman punishment inflicted. x x x
(Sec 19 (2). Ibid.)
5. The employment of physical, psychological, or degrading punishment against any prisoner or the
use of substandard or inadequate penal facilities under subhuman conditions shall be dealt by law.
(Sec. 19 (2). Ibid.)

The Revised Penal Code

“No felony shall be punishable by any penalty not prescribe by law prior to its commission”.
(Art. 21, RPC)

CRIMES INVOLVING CONVICTS

Delay in the Delivery of Detained Persons to the Proper Judicial Authorities
(Article 125, RPC), A felony committed by a public officer or employee who shall detain any
person for some legal ground and shall fail to deliver such persons to the proper judicial
authorities within the period of:
1. 12 hours – for crimes or offenses punishable by light penalties
2. 18 hours – for crimes or offenses punishable by correctional penalties
3. 36 hours – for crimes or offenses punishable by afflictive or capital penalties
Delaying Release
This is committed by a public officer or employee who delays for the period of time
specified in Art. 125, the performance of any judicial or executive order for the release of a
prisoner or unduly delays the services of the notice of such order to said prisoner.
Delivery of Prisoners from Jail (Art. 156, RPC)

Elements:
1. The offender is a private individual
2. He removes a person confined in jail or a penal institution or helps in the escape of such
persons
3. The means employed are violence, intimidation, bribery or any other means
Conniving with or Consenting to Evasion (Art. 223) and Escape of a Prisoner under the Custody of
a Person not a Public Officer (Art 225)
This offense like other of similar nature may be committed through imprudence or
negligence.
Evasion of Service under Art 157, RPC
Elements:
1. Offender is prisoner serving sentence involving deprivation of liberty by reason of final
judgment,
2. He evades the service of his sentence during the term of his imprisonment.
Evasion of Service of Sentence on the Occasion of Disorders due to Conflagrations, Earthquakes,
or Other Calamities (Art. 158, RPC)
Elements:
1. Offender is a prisoner serving sentence and is confined in a penal institution,
2. He evades his sentence by leaving the institution.
3. He escapes on the occasion of a disorder due to conflagration, earthquakes, explosion, or
similar catastrophe or mutiny in which he has not participated, and
4. He fails to give himself up to the authorities within 48 hours following the issuance of a
proclamation by the Chief Executive regarding the passing away of the calamity.

Other case of Evasion of Service of Sentence (Art. 159, RPC)

The violence of any conditions imposed to a Conditional Pardon as a case of evasion of
service sentence. The effect of this is, the convict may suffer the unexpired portion of his original
sentence.
Infidelity of Public Officers:
• Infidelity in the Custody of Prisoners through Connivance (Art. 223, RPC)
o A felony committed by any public officer who shall consent to the escape of a prisoner in
his custody or charge
 • Infidelity in the Custody of Prisoners through Negligence (Art. 224, RPC)
o A felony committed by a public officer when the prisoner under his custody or charge
escaped through negligence on his part.

• Escape of a Prisoner under the Custody of a Person not a Public Officer (Art 225, RPC)

Other offenses or Irregularities by Public Officers

Maltreatment of Prisoner (Art. 235, RPC)
Elements:
1. Offender is a public officer or employee
2. He overdoes himself in the correction or handling of such prisoner by imposition of
punishment not authorized by regulations or by inflicting such punishment in a cruel and
humiliating manner
Special Time Allowance for Loyalty
A deduction of one-fifth of the period of the sentence of any prisoners who evaded the
service of sentence under the circumstances mentioned above.

Good Time Conduct Allowance (GTCA)

It a privilege granted to a prisoner that shall entitle him to deduction of his term of
imprisonment for displaying good conduct behavior and committing no violations of prison rules.
Under Art 97, RPC, the good conduct of any prisoner in any penal institution shall entitle
him to the following deduction from the period of his sentence.
1. During the first two years of his imprisonment, he shall be allowed a deduction of 20 days
for each month of good behavior.
2. During the third to the fifth years of his imprisonment, he shall be allowed a deduction of
23 days each month of good behavior.
3. During the following years until the tenth years of his imprisonment, he shall be allowed a
deduction of 25 days each month of good behavior.
4. During the eleventh and the successive years of his imprisonment, he shall be allowed a
deduction of 30 days each month of good behavior.
• The 15 days GCTA is an additional credit for each month of study, teaching or mentoring service
time rendered by the inmate regardless of the number of years of imprisonment.

Non-Institutional Correction (Community Based Correction)

Refer to the method of correcting sentenced
offenders without having to go to prison.
The advantage of this is that it is less costly on the
part of the government; the offender’s family need
not be suffer.
Parole
Act 4103, The indeterminate Sentence Law
as amended, authorizes the Board of Pardons and
Parole to grant parole to a prisoner who has served
the minimum sentence of his indeterminate prison
term Parole is a conditional release from prison of
a prisoner who has served part of his sentence,
allowing the prisoner to complete his term of
punishment outside the prison if he satisfactorily
complies with the terms of the parole.
Who may apply?
A convicted offender.
• Not convicted of offense punished with
death penalty or life imprisonment;
• Not convicted of treason, conspiracy or
proposal to commit treason;
• Not convicted of misprision of treason,
rebellion, sedition or espionage
• Not convicted of piracy;
• Not a habitual delinquent;
• Not having escaped from confinement or
evaded sentence;
• Granted conditional pardon by the chief
executive and has not violated the terms
therof;
• Whose maximum term of imprisonment
exceeds one year or those with a definite
sentence;
• Not suffering from mental disorder;
• Whose conviction has become final and
executor;
• With no pending case
•
When to apply?
Upon approving that the prisoner, who is
confined in a jail or prison to serve an
indeterminate prison sentence, has served the
minimum period of said sentence.
Where to apply?
The executive director of the chairman,
Board of Pardons and Parole, DOJ Agencies Bldg,
Diliman, Quezon City.
Probation
History:
Probation was first legally established in
the United States, but to trace its origin one must
turn to earlier schemes for humanizing criminal
justice under the common law of England.
Forerunners of Probation
a. Benefit of Clergy
- The earliest device for softening brutal
severity of punishment seems to have
the “Benefit of Clergy”
- Dating back to the reign of Henry II in
the 13 century, it originated in a
compromise with the Church which had
maintained that a member of the clergy
brought to trail in a King’s Court might
be claimed from that jurisdiction by the
bishop or chaplain representing him, on
the ground that he, the prisoner was
subject to the authority of the
ecclesiastical courts only.
- The benefit resulting from this
compromise which maintained
jurisdiction in the King’s Court was
greater leniency in sentencing, and
particularly escapes from the death
penalty.
b. Judicial reprieve
- Another device for modifying the
severity of the law was a temporary
withholding of sentence, much used by
the early English judges.
- This practice grew up at a time when
new trial or appeals to another court
were impossible under the common
law, but it continued in use thereafter.
Early in the seventeenth century, with
the establishment of settlements in
America, English courts began to grant
reprieves to prisoners under sentence
of death on condition that they accept
deportation.
c. Recognizance
- An even older method of suspending or
deferring judgment, the direct ancestor
of probation, was recognizance of
“binding over for good behavior,” this
was based on an ancient practice
developed in English in the fourteenth
century.
 d. Transportation
- Any description of the treatment of
crime in England must include the
system of transportation to her
colonies which grew from the ancient
practice of banishment and flourished
for more than two hundred years as a
principal method of disposing of
offenders.
Probation in England
Early in the nineteenth century the English
magistrates initiated experiments to save young
and inexperienced offenders from the stigma of
prison. They made use of the latitude allowed
them under the common law to bind over
defendants, who should be brought back for
sentence if the conditions of release were violated.
Mathew Davenport Hill is considered the “Father
of Probation in England.” He focuses on the
juvenile offenders.
Probation in America
The first practical demonstration of
probation, the first use of the term as a court
service, and the enactment of the first probation
law occurred in Massachusetts.
With the effort of John Augustus, Boston
shoe cobbler is credited as the “Father of
Probation.” In 1841 he persuaded the Boston
Police Courts to release an adult into his custody
rather than sending him to prison- the prevalent
means of dealing with law violations at that time.
In 1843, Augustus broadened his efforts to
children when he took responsibility for two girls,
ages eight and ten, and an 11 year old boy, all
whom had been accused of stealing. His efforts are
credited with the establishment of the
Presentence Investigation. Augustus coined the
word “Probation” which he derived from the Latin
word “Probare” which means “to prove, to test”.
At his death, it was noted that of the 2,000 people
he helped only four proved unworthy (for which he
forfeited bail).
Probation in Philippines
Probation was first introduced in the
Philippines during the American colonial period
(1898-1945) with enactment of Act No. 4221 of
the Philippine Legislature on August 7, 1935. This
was created a Probation Office under Department
of Justice. On November 16, 1937, after barely two
years of existence, the Supreme Court of the
Philippines declared the Probation Law
unconstitutional because of some defects in the
law’s procedural framework.
Until on July 24, 1976, Presidential Decree
No. 968, also known as Adult Probation Law of
1976, was signed into law by the President of the
Philippines. From Probation Office it was changed
into Parole and Probation Administration with the
administrator in the person of Ismael Herradura.
Probation Terminology
Amicus Curiae mean a “friend of the court”. (A
Parole and Probation Administration (PPA) official,
upon written invitation or order of the Trial Court,
may appear as amicus curiae on any probation
investigation and supervision issue, concern or
matter only not on legal questions, the latter issue
being within the province of the courts to decide
or resolve.
Petitioner is a convicted and sentenced offender
who applies for probation.
Post-sentence Investigation is an inquiry
conducted by a probation Officer on an a court
referral to gather information about a petitioner
for probation relative to his character,
antecedents, environment, mental and physical
condition, and the available rehabilitative
institutional and community resources.
Probation is disposition under which the
defendant, after conviction and sentence, is
released subject to conditions imposed by the
court and to the supervision of a probation officer.
Probationer is a person who is placed under
probation.
Probation aides are citizens of good standing in the
community who volunteer to assist the parole and
Probation officer in the supervision of a number of
probationers and parolees in their respective
communities.
Probation Office is refers either to the Provincial or
City probation office directed to conduct
investigation or supervision referrals as the case
may be.
Probation officer is public officer who investigates
for the trial court a referral for probation or
supervises a probationer or does both.
Probation order refers to the order of the trial
court granting probation.
Recidivist is one who, at the time of his trial for one
crime, shall have been previously convicted by
final judgment of another crime embraced in the
same title of the Revised Penal Code.
Trial Court refers to the Regional trial court (RTC)
of the Province or City/Municipal Court which has
jurisdiction over the case.
Probation
Is a judicial act that allows a convicted
criminal to remain free in society instead of serving
a sentence in prison. Probation is most frequently
granted by a judge to people who have been
convicted of an offense other than the most
serious crimes, such as armed robbery, murder, or
rape.
Purpose of probation
- To promote the correction and
rehabilitation of an offender by
providing him with individualized
treatment
- To provide an opportunity for the
reformation of a penitent which might
be less probable if he were to serve a
prison sentence
- To prevent the commission of offense
THE BENEFITS OF PROBATION
• Probation protects the society:
- From the excessive costs of detention
- From the high rate of recidivism of
detained offenders
• Probation protects the victim:
- It provides restitution
- It preserves justice
• Probation protects the family:
- It does not deprive the wife and
children of husband and father
- It maintains the unity of the home
• Probation assist the government:
- It reduces the population of prisons and
jails
- It lessens the clogging of courts
- It lightens the load of prosecutors
- It sustains law enforcement
• Probation helps the offender:
- It maintains his earning power
- It provides rehabilitation in the
community
- It restore his dignity
• Probation justifies the philosophy of men:
- That life is scared
- That all men deserve a second chance
- That an individual can change
- That society has a moral obligation to
lift the fallen
Pardon
Pardon is a form of executive clemency
granted by the President as a privilege extended to
a convict as a discretionary act of grace. Neither
the legislative nor the judiciary branch of
Government has the power to set conditions or
establish procedures for the exercise of this
Presidential prerogative. It is lightly political in
nature and is usually granted in response to
popular clamor or to aid in the return to normally
of a political situation that might affect the country
if not addressed.
Two kinds of Pardon
1. Absolute Pardon – is one which given
without any condition attached to it.
And it granted upon the
recommendation of Board of Pardons
and Parole to the President though the
Secretary of Justice
2. Conditional Pardon – it serves the
purpose of releasing though executive
clemency, a prisoner who is already
reformed of rehabilitated but who be
 paroled because e parole law does not
apply to him.
Under Article 95 of the revised penal code
stated that any person who has been granted
conditional Pardon shall incur the obligation of
complying strictly with the conditions imposed
therein, otherwise, his non-compliance with any of
the conditions specified shall be result in the
revocation of the Pardon and Provision of Art. 159
shall be applied.
In Art 159 shall be imposed upon the
council who, having been granted conditional
pardon by the Chief executive, shall be violate any
of the conditions of such pardon.
PURPOSE OF ABSOLUTE PARDON
1. To Right The Wrong
2. To normalize a tumultuous political
situation
3. To do away with the miscarriage of justice
4. To keep abreast with the current
philosophy, concept or practice of criminal
Justice administration
5. To restore full political and civil rights of
persons who have already served their
sentence and waited the prescribe period
DIFFERENCE BETWEEN PARDON AND AMNESTY
Pardon includes any crime it is exercised
individually by the chief executive and exists when
the person is already convicted, while amnesty is a
blanket pardon granted to a group or prisoners,
generally political prisoners, and it may be given
before the trial or investigation is held.
LIMITATIONS OF THE PARDONING POWER
1. Pardon cannot be extended in case of
impeachment. (Art. VII Sec 10, Par 2 of the
Constitution of the Philippines)
2. Non pardon, parole or suspension of
sentence for the violation of any election
law be granted without the favorable
recommendation of the Commission on
Election. (Art. X Sec 2, Par 2 of the
Constitution of the Philippines)
3. Pardon is exercised only after conviction.
CONDITION PARDON DISTUINGUISHED FROM
ROLE
The only difference between of the two is
the granting authority. Parole, granting authority is
the Board of Pardons and Parole, while in
conditional Pardon, then granting authority is the
President.
Amnesty- comes from the Greek word
“AMNESTIA”, is a legislative or execution act by
which a state restores those who may have been
guilty of an offense against it to the position of
innocent people.
- It is also extended to a certain group of
people who are usually political
offenders.
- On the other hand, amnesty needs the
concurrence of congress and the court
also takes judicial notice of the act by
the President. And it can be granted
before and after conviction by the
courts.
Purposes of Amnesty
- An amnesty may be extended when the
authority decides that bringing citizens
to compliance with a law is more
important than punishing them for the
past offenses.
- It also hasten a country’s return to
political normalcy by putting behind it
the animosities of the past through a
pardon that will open the door to living
normal lives of the groups of people
targeted by the amnesty.
Laudations the grant of Amnesty
a. He must be take an oath of allegiance to the
Republic of the Philippines and swear or
affirm to support and defend the
constitution of the Philippines.
b. He must surrender whatever firearm
and/or explosive and ammunition he may
have in his possession.
Reprieve
 - Is a temporary stay of the execution of
sentence
- It is also a hall or post pineal of a
punishment especially to the death
penalty.
- It is just like a pardon, also can only
exercised by the president when the
sentence becomes final.
- In generally, reprieve is extended to
death penalty of a prisoners because of
the execution of sentence is setback
several days of the chief execution to
study the petition of the condemned
man to the commutation of sentence or
pardon.
Commutation of Sentence
Commutation of sentence shall refer to the
reduction of the duration of a prison sentence. It is
another prerogative of the President. It is an act of
clemency by which a heavier or longer sentence is
reduced to a lighter or shorter term. So
commutation of sentence is some kind of a leveling
mechanism to temper or balance. Commutation of
sentence also benefits inmates sentenced to a
fixed or determinate sentence, which renders him
or her ineligible for parole. Commutation of
sentence changes the original fixed sentence to a
lesser indeterminate sentence, which will then
enable the beneficiary to be released on parole.
Requirements for Commutation sentence:
a. The petitioner must have serve at least
(1/3) of the minimum of his indeterminate
sentence or the following portion of his
prison sentence consisting of reclusion
perpetual (life imprisonment)
b. At least ten years (10 years) if convicted to
robbery with homicide, robbery with rape
or kidnapping with murder.
c. At least eight years (8years) if convicted of
simple murder or paraside, rape or
violation of anti drug law.
d. At least twelve years (12 years) if given two
(2) or more sentence for reclusion
perpetual.
e. At least twenty years (20 years) in case of
one (1) death sentence automatically
commuted to reclusion perpetual
f. At least twenty-five (25 years) in case of
two (2) sentence for reclusion perpetual;
provided that at least one (1) of the
sentence had been automatically
commuted from the death sentence.
• For conditional pardon, the petitioner must
have serve at least one-half (1/2) of
minimum of his indeterminate sentence for
the following portion of his prison sentence
a. At least two (2) years of minimum of
sentence if convicted of murder or
parricide but not sentence of perpetual
b. At least one (1) year of the minimum of
sentence if convicted of homicide
c. At least nine (9) months if convicted to
frustrated
d. At least six (6) months if convicted of
attempted homicide
• Absolute pardon, ten years (10) must have
elapse from the date release of the
petitioner from confinement or five (5)
years from the date expiration of his
maximum sentence whichever is more
beneficial to him.
PARDON
Pardon is a form of executive clemency
granted by the President of the Philippines as a
privilege extended to a convict as a discretionary
act of grace. Neither the legislative nor the
judiciary bran of the government has the power to
set conditions or established procedures for the
exercise of this Presidential prerogative.
Elements of pardon:
- It is extended after conviction
- It is grant by the President of the State
- It is a contract between the chief
executive and the person being pardon
Pardon Effects:
 Article 36, Pardon; its Effects – a pardon A pardon shall in no cases exempt the
shall not work the restoration of the right to hold culprit from the payment of the civil indemnity
public office, or the right of suffrage unless such imposed upon him by the sentence.
right expressly restored by the term of pardon. Table showing the duration of divisible penalties
and the time included in each of their periods. Art.
76 of the Revised Penal Code
Penalties Time included in Time included in Time included in Time included in
the penalty in itsits minimum its medium its maximum
entirely period period period
Reclusion From 12 years From 12 years From 14 years, 8 From 17 years, 4
Temporal and I day to 20 and 1 day to 14 months and 1 months and 1
years years and 8 day to 17 years day to 20 years
months and 4 months
Prision mayor; From 6 years and From 6 years and From 8 years and From 10 years
absolute 1 day to 12 years 1 day to 8 years 1 day to 10 years and 1 day to 12
disqualification years
and special
temporary
disqualification.
Prision From 6 months From 6 months From 2 years, 4 From 4 years, 2
correctional, and 1 day to 6 and I day to 2 months and 1 months and I day
suspension and months years and 4 day to 4 years to 6 years
destierro months and 2 months.
Arresto mayor From 1 month From 1 to 2 From 2 months From 4 months
and I day to 6 months and I day to 4 and 1 day to 6
months months months
Arresto menor From 1 to 30 From 1 to 10 From 11 to 20 From 21 to 30
days days days days

Rules on grant of probation
1. After having convicted and sentenced a
defendant, the trial court may suspend the
execution of the sentence and place the
defendant on probation, upon application
by the defendant within the period for
perfecting an appeal.
2. Probation may be granted whether the
sentence imposes a term of imprisonment
or fine only.
3. No application for probation shall be
entertained or granted if the defendant has
perfected an appeal from the judgment of
conviction.
4. Filing of application for probation operates
as waiver of the right to appeal.
5. The application shall be filed with the trial
court, and the order granting or denying
probation shall not be appealable.
6. Accessory penalties are deemed
suspended once probation is granted.
Other forms of Community-based Release
 RELEASE ON RECOGNIZANCE (R.A. 6036)
Who may apply?
 Person charged with the violation of
a municipal ordinance.
 Person charged with a felony.
 Person charged with a criminal
offense, the prescribed penalty of
which is not higher than 6 months
(arresto mayor) or a fine of P2,000
or both)
When to apply?
when the offender is committed to any BJMP
Jail.
Where to apply?
The presiding judge of the court.
RELEASE ON BAIL
Bail is the security given for the release of a person
in custody of the law, furnished by him or a
bondsman, conditioned upon his appearance
before any court as required under the conditions
provided by the law on bail.
Who may apply?
A person in custody in law
When to apply?
• Before or after conviction by the Metrop
• olitan Trail Court, Municipal Trial Court,
MTC in cities and Municipal Circuit Trial
Court(MCTC)
Before conviction by the Regional Trial Court of an
offense not punishable by death, reclusion
perpetua or life imprisonment.
Where to apply?
 The court where case is pending. In the
absence or unavailability of the judge,
another branch of the same court within
the province or city.
 If the accused is arrested in the province,
city or municipality other than where the
case is pending, any Regional Trial Court of
said place. In the absence or unavailability
of the judge, any Metropolitan Trial Judge
or Municipal Circuit Trial Judge therein.
If not yet charged in court, any court in the
province, city or municipality where the person in
custody is held.
PREVENTIVE IMPRISONMENT
-Batas Pambansa Bilang 85 authorizes the release
of a detained offender who has undergone
preventive imprisonment equivalent to the
maximum imposable penalty for the offense
charge.
Who may apply?
• Detention prisoner who is not a recidivist or
who was previously convicted twice or
more times of any crime.
Detention prisoner who surrendered voluntarily
when upon being summoned for the execution of
sentence.
When to apply
 When the accused has undergone
preventive imprisonment for a period
equal to or more than the possible
maximum imprisonment of the offense
charged to which he may be sentenced and
his case is not yet terminated, he shall be
released immediately without prejudice to
the continuation of the trial or the
proceeding on appeal, if the same is under
review.
 When the maximum penalty to which the
accused may be sentenced is destierro, he
shall be released after thirty (30) days of
preventive imprisonment.
Where to apply- the presiding judge of the court.
RESTORATIVE JUSTICE
 reparation for the victim
 reconciliation of the offender, the offended
and the community
 Reassurance to the offender that he/she
can be reintegrated into society
Enhancement of public safety by activating the
offender, the victim and the community in
prevention strategies
_____________________________________