CHAPTER 1

INTRODUCTION
TO
CORRECTION
 03
TABLE OF Constitutional Limitation of
CONTENTS the Government to Punish
Criminals

01 04
Correction as Component of Classification of Sentenced
Criminal Justice System Prisoners

02
Definition of Correction, 05
Imprisonment and Inmate Inmates Security
Classification
 01
Correction as
Component of Criminal
Justice System
 LAW ENFORCEMENT
01
02 04
PROSECUTION CRIMINAL CORRECTION
JUSTICE
SYSTEM IN THE
03 PHILIPPINES 05
COURT
COMMUNITY
 GOALS OF CRIMINAL JUSTICE
1 2 3

To protect To reduce crime To ensure the

individuals and by bringing security of the
society offenders to
people
justice
 BASIC COMPONENTS OF CRIMINAL JUSTICE
SYSTEM
Legislative Courts Corrections
Handle adjudication or trial
processes. Trials are held before a
judge (bench trial) or judge and jury Cover probation, parole, jail,
(jury trial), depending on the
Tasked with creating laws prison, and a variety of new
seriousness of the crime and other
defining crimes, factors. The prosecutor and community-based sanctions,
determining sentences, and defense attorney present evidence such as electronic monitoring
providing funding for and question witnesses. The judge and house arrest. The
or jury finds the defendant guilty or purposes of correctional
criminal justice agencies. not guilty on the original charges.
You sent agencies are to punish, to
or lesser charges. Defendants rehabilitate, and to ensure
found not guilty are usually public safety.
released. If the verdict is guilty, the
judge will set a date for sentencing.
 Correction as Component of Criminal Justice System

A correctional system, also known as a penal system,

thus refers to a network of agencies that functions related to
rehabilitating convicted persons through either institution-based
or community-based corrections.

Correction is also the name of a field of academic study

concern with the theories, policies, and programs pertaining to
the practice of corrections. Its object of study includes personnel
training and management as well as the experiences of those on
the other side of the fence - the unwilling subjects of the
correctional process.
PENOLOGY
study of punishment of crime or of criminal offenders. It
includes the study of control and prevention of crime
through punishment of criminal offenders.

The term derived from the Latin word “poena” which

means pain or suffering. Penology is otherwise known as
Penal Science.
 Correction as Component of Criminal Justice System

The terminology change in US academia from

"penology" to "corrections" occurred in the 1950s and 1960s,
and it was driven by a new philosophy emphasizing
rehabilitation.
At least nominally, most prisons became correctional
institutions, and guards became correctional officers. Although
the corrections-related terminology continued thereafter in US
correctional practice, the philosophical view on offenders'
treatment took an opposite turn in the 1980s, when the "get
tough" program was labeled by academics as "The New
Penology"
PENAL MANAGEMENT
refers to the manner or practice of
managing or controlling places of
confinement as jails or prisons.
 Correction is a branch of administration of criminal
justice responsible for correction and rehabilitation
of those persons, who are after observance of due
process, was found violated penal law by competent
judicial authority.
As a component of the criminal justice system,
correction occupies a crucial role of rehabilitating
convicted persons through the development of
individualized treatment programs which are
responsive to the needs of their clients and within
the prescribed standards of existing laws and the
United Nations.
The historical Old
Bilibid Prison in the
heart of Manila
 CORRECTION, defined
Is that branch of the administration of criminal justice charged
with the responsibility for the custody, supervision and
rehabilitation of those who judicially found violated criminal law.
Correction is in a view of reorientation or re-instruction of the
individual with a purpose of preventing a repetition of the unlawful
activities without necessity of taking punitive action.
Is defined as the community's official reaction to a convicted
offender, whether adult or juvenile. It is that branch of the
administration of criminal justice, charged with the custody,
supervision, and rehabilitation of a convicted offender.
CONCEPT OF CORRECTION
Most authorities tend to agree that the use of incarceration as
a means of punishing criminals is a relatively new concept.
The purpose of incarceration was, originally, to spare
wrongdoers from the cruelty of corporal and capital
punishment. This concept of the prison as a humanitarian
institution might be very difficult to explain to the inmates of a
modern penitentiary, but accounts show that this was the
intent for establishing the first such prisons.
 OBJECTIVES OF CORRECTION

The basic purpose of corrections is to keep criminals away from

the society in which they had committed offenses. As part of the
criminal-justice system, corrections provide housing and
programs for those who have been convicted of crimes. It means
loss of freedom for the offender, and thus is the most serious
punishment (counting out death penalty) to which a free society
can condemn an individual.
CORRECTION AS A PROCESS
Correction as a process is the re-orientation of the criminal
offenders to prevent them from repeating their delinquent
actions without necessarily taking harsh or physical
punitive action, but rather through introduction of individual
measures for reformation.
CORRECTIONAL ADMINISTRATION
the study and practice of a system
management of jails or prisons and
other institution concerned with the
custody, treatment and
rehabilitation of criminal offenders.
 Two (2) approaches of Correction

Institutional Corrections or Non-Institutional Corrections or

Institutional Based Corrections Community-based Correction
Community-based corrections are
This approach provides incarceration
alternatives to imprisonment or
and rehabilitation of offenders who are
incarceration. It refers to any community-
sentenced by the court to serve the
based corrections program designed to
prison term after conviction of a
supervise convicted offenders in lieu of
criminal offense to an (prison)
incarceration by Parole and Probation
institution.
Administration
 Community-Based Correction Programs

PROBATION PAROLE PARDON

 AGENCIES OF THE GOVERNMENT CHARGED WITH
CORRECTIONAL RESPONSIBILITY

Bureau of Correction (BuCor)

01
02 04
Bureau of Jail Parole and
Management and Probation
Penology (BJMP) Administration
(PPA)

03 05
Board of Pardons
and Parole (BPP) Provincial and
Sub-provincial
Jails)
 Imprisonment
Imprisonment is the commitment to an institution, commitment
to prison, confinement, custody, detainment, detainment in
custody, held in captivity, held in restraint, in captivity, in
custody, in jail, incarceration, internment, keep behind bars,
kept as captive, kept in captivity, kept in custody, kept in
detention, kept under arrest, locked up, put behind bars, put in
a cell, put under restraint, sent to jail, sent to prison."

To put it simply, imprisonment is defined as the act of

confinement of a person in prison; restraint of one's personal
liberty; forcible detention of a man's person or his movements.
 03
Constitutional Limitation
of the Government to
Punish Criminals
Legal Rights against Unlawful
Imprisonment or Detention
One of the most protected rights of an
individual is his right to liberty this is
expressly provided for under 1987
Constitution, which states, "No person
may be deprived of lives, LIBERTY and
property without due process of law"
Considering that the Constitution is not a
self executing law, the Revised Penal
Code provide punishments not only to
public officers violating this constitutional
right of an individual, but also private
persons as well.
 Difference between Arbitrary
Detention and Illegal Detention

ARBITRARY ILLEGAL
DETENTION DETENTION
Article 124, RPC Art. 267-268, RPC

Unlawful detention of a Unlawful detention of a

person committed by person. committed by
public officers or private person.
officials.
 ARBITRARY SERIOUS ILLEGAL SLIGHT ILLEGAL
VS
DETENTION DETENTION DETENTION
Article 124, RPC Article 267, RPC Article 268, RPC

Title 2: Crimes
Against the Title 9: Crimes Title 9: Crimes
Fundamental Law of Against Personal Against Personal
State Liberty and Security Liberty and Security

Offender is a PUBLIC
OFFICER or Offender is a Offender is a
EMPLOYEE PRIVATE PRIVATE
INDIVIDUAL INDIVIDUAL
Question:
Mark, a policeman, arrested and detained his enemy Paulo
in one of the detention cells to teach him a lesson. Mark
concocted a story that he saw Paulo commit a crime even if
it was not true. After Paulo begged Mark to forgive him,
Mark unlocked the cell and released Paulo.

What is the crime committed by Mark the policeman?

Mark committed the crime of Arbitrary Detention (Article 124)

Question:
David, a businessman, was angry at his business rival
Jamie. When Jamie's son, Johnny, visited the store of David,
David dragged Johnny inside the storage room and locked
him up for 5 hours.

What crime did David commit?

David committed the crime of Slight Illegal Detention (Article

268)
Question:
The City Treasurer had his eyes on a young lady, Maria,
working in the office but Maria never gave him attention.
Feeling hurt, the City Treasurer locked Maria inside the
office late afternoon. After Maria cried for almost an hour,
the City Treasurer took pity and unlocked the door.

Is the City Treasurer liable for Arbitrary Detention?

NO because although the City Treasurer is a public officer, it

is not part of his duty or function to detain or arrest a person.
He is liable for ILLEGAL DETENTION .
 ARBITRARY SERIOUS ILLEGAL SLIGHT ILLEGAL
VS
DETENTION DETENTION DETENTION
Article 124, RPC Article 267, RPC Article 268, RPC

Title 2: Crimes
Against the Title 9: Crimes Title 9: Crimes
Fundamental Law of Against Personal Against Personal
State Liberty and Security Liberty and Security

Offender is a PUBLIC
OFFICER or Offender is a Offender is a
EMPLOYEE PRIVATE PRIVATE
-the public officer must INDIVIDUAL INDIVIDUAL
have a duty under the
law to detain a person
 ARBITRARY
DETENTION
Article 124, RPC
Title 2: Crimes Against the
Fundamental Law of State
Offender is a PUBLIC
OFFICER or EMPLOYEE
-the public officer here must
have the authority to detain or
order the detention of the
person accused of acrime
UNLAWFUL
VS ARREST
Article 269, RPC
Title 9: Crimes Against
Personal Liberty and
Security
Offender is a ANY PERSON
-either a private individual or a
public officer who does not have
the authority to detain or order
the detention of a person
accused of a crime
Question:
Brody, a policeman, was receiving payments from jeepney
drivers plying a certian route. Pedro stopped giving money
to Brody. As a result, Brody handcuffed Pedro and told him
that he was driving carelessly even if it was not true. Brody
detained Pedro in one of the cells. After one day, Brody
released Pedro hoping that he learned his lesson. What is
the crime committed by Brody?
Brody committed the crime of Arbitrary Detention(Article
268)
 UNLAWFUL SERIOUS ILLEGAL SLIGHT ILLEGAL
VS
ARREST DETENTION DETENTION
Article 269, RPC Article 267, RPC Article 268, RPC

Offender is ANY Offender is a Offender is a

PERSON PRIVATE PRIVATE
INDIVIDUAL INDIVIDUAL

The purpose is to
accuse the offended The purpose is to The purpose is to
party of a crime he did restrain the offended restrain the offended
not commit and deliver party and deny him of party and deny him of
him to the authority for his liberty. his liberty.
the filing of the
necessary charges
Question:
David, a businessman, was angry at his business rival
Jamie. When Jamie's son, Johnny, visited the store of David,
David dragged Johnny inside the storage room and locked
him up for 5 hours. I

What crime did David commit?

David committed the crime of Illegal Detention

Question:
Chou and Badang were fighting over who was the real
owner of a piece of land. When they saw each other, they
engaged in a fist fight. Badang was knocked unconscious
and Chou tied him up and brought him to the nearest police
station. Chou lodged a complaint before the police station.
The prosecutor eventually found no probable cause and
Badang was released. What is the crime committed by
Chou?
Chou committed the crime of Unlawful Arrest
➢ Arbitrary detention under Article 124 of the
Revised Penal Code should be further
differentiated from Delay in delivery of
detained person to proper judicial authority
under Article 125 of the same Code.
➢ In Arbitrary detention, it is sufficient that a
public officer or employee, without legal
grounds, detains a person. Hence, an important
element is detention without any legal ground.

➢ In Delay in delivery of detained person to

proper judicial authorities, the detention is
with some legal ground however, it becames
unlawful only when the public officer or
employee shall fail to deliver such person to
proper judicial authority within the period
prescribed by Article 125 of Revised Penal
Code.
 ➢ The prescribed periods under Article 125 are
as follows:
1. 12 hours for crimes or offenses
punishable by light penalties;
2. 18 hours for crimes or offenses
punishable by correctional penalties; and
3. 36 hours for crimes or offenses
punishable by afflicted or capital
penalties, or their equivalent

➢ Unlawful Arrest under Article 269, Elements:

1. That the offender arrests or detains another
person;
2. That the purpose of the offender is to
deliver him to the proper authorities;
and 3. That the arrest or detention is not
authorized by law or there is no reasonable
ground thereof,
Considered Legal Grounds for Detention
of any person
1. Commission of the crime.
2. Violent insanity or any other ailment requiring
compulsory confinement in a hospital.
Note: Under the government exercise of police power, those
persons who are infected of contagious diseases may
likewise be separated to the rest of the population.
INMATE, defined
Inmate is a person committed to jail/prison by a competent
court or authority for any of the following reason:

1. to serve a sentence after conviction

2. under trial
3. under investigation
 INMATE
Notes :
• The court is said to be competent when it has the jurisdiction to try
and decide a particular case

• Requisites for valid exercise of Criminal Jurisdiction

a. There must be a jurisdiction over the subject matter;

b. There must be a jurisdiction over the territory; and

c. There must be a jurisdiction over the person of the accused

• Aside from courts, there are other authorities that can commit a
person to jail like Boards and Commission and even police authorities
within limited periods.
 General Category of Inmates

Sentenced Prisoner Detention Prisoner Persons held for

(prisoner) (detainee) investigation or
are persons who are safekeeping
are persons who are
detained for the Safekeeping is the temporary
convicted by final -
violation of law or custody of a persons or
judgment of the crime
ordinance and has not detention of a person for his
charged against them;
yet been convicted; own protection or care, to
and secure from liability to harm,
injury or danger.
 03
Classification of
Sentenced Prisoners
 Classification of Sentenced Prisoners
Insular
is a person who is
sentenced to serve a
Prisoner
prison term of over
three (3) years and it
is also known as
National Prisoner.
City Prisoner
is a person who is
sentenced to serve a
prison term of one
(1)day to three (3)
years.
Provincial
Prisoner one who is
sentenced to a
prison term of six (6)
months and one (1)
day to three (3) years
Municipal
Prisoner
is a person who is
sentenced to serve a
prison term of one(1)
day to six (6) months.
 03
Classification of
Sentenced Prisoners
Inmates Security Classification
The inmate's security classification utilized by the BJMP is
different from what is being use by the BuCor.

BJMP BUCOR
CLASSIFICATION CLASSIFICATION
1. High Risk Inmates 1. Super
2. High Profile Inmates 2. Maximum
3. Ordinary Inmates 3. Medium
4. Minimum
 Suggested Alternatives for Detention
and Imprisonments
1. Wider use of bail and other approved methods of
released from custody
2. Elimination from the jail and prison of those who
should be elsewhere like those mentally-ill and
juveniles.
3. Payment of fines instead of imprisonment if penal law
permits.
4. Extensive use of Community-based Correction
approaches like Probation, Parole and Conditional
Pardon
5. Used of the delayed sentenced. This is a procedure,
which permits an incarcerated inmate to pursue his
normal job during the week and return to the jail or
prison facility to serve sentence during non-working
hours. In the Philippines, delayed sentenced is not
being applied
THAT’S ALL!!!
ANY
QUESTION?