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SUBJECT – INSTITUTIONAL CORRECTIONS

DEVELOPMENT OF MODERN CORRECTIONAL

CONCEPTS AND STANDARDS

Development of Prisons - Prisons evolved as a substitute for transportation

exile, public degradations particularly corporal punishment, and the death penalty In
the United States where .prisons were first established, imprisonment was introduced
as a substitute for corporal punishment and death penalty when, by the provision of
the Pennsylvania Reform Law 1790, corporal punishment was abolished and the list
of offenses punishable by death was reduced to on one offense — that of first
degree murder. As the: United States and Europe curtailed the use of the death
penalty, prisons and penitentiaries were constructed to take care, of the unexecuted
and unpardoned criminals: Long sentences required prisons and penitentiaries that
were not places of detention or those awaiting trial or short .sentences but for a
lengthy stay of offenders convicted of serious crimes.

The Auburn and Pennsylvania Systems —Two rival prison systems

appeared in the scene during the early history of imprisonment, namely, the Auburn
and the Pennsylvania prison system, established in. 1819,and 1829, respectively.
The features of the Auburn stem were confinement of the prisoners in single cells at
night and congregate work in shops during the day. The features of the Pennsylvania
system were confinement of the prisoners in their own cells day and night Both the
Auburn and Pennsylvania -systems observed complete silence. States of the United
which constructed their prisons patterned them after the Auburn prison system, while
European countries adopted the Pennsylvania system.

The Reformatory Movement — There was no significant progress in prison

work worth mentioning until the middle of the 19th century. Most of the prisons
established between 1819 and 1870 were constructed on the basis of a program
espousing the punitive philosophy, the features of which were mass treatment,
enforced silence, idleness regimented rules and severe punishment.

In Europe, several penal administrators can be mentioned as among those

who contributed to the progressive development of the reformatory system: Manuel
Montesinos, who was the Director of the prisons of Valencia, Spain, in 1835, divided
prisoners into companies and appointed prisoners as petty officers in charge
Academic classes of one hour a day were given all inmates under 20 years of age.

Domets of France established and agricultural colony for delinquent boys in

1839. The boys were housed in cottages with house fathers as in charge. The
system was based on re-education rather than force. When discharged the boys
were placed under the supervision of a patron.

In England, Alexander Maconochie, superintendent, of the penal colony at

Norfolk Island in Australia, introduced a progressive humane system to substitute for
corporal punishment. When a prisoner earned a required number of marks, he was
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given his ticket of leave, which is the equivalent of parole. Maconochie

introduced several other progressive measures which aimed at rehabilitating
prisoners. He introduced fair disciplinary trials, built churches, distributed
books, allowed plays to be staged,; and permitted prisoners to tend small
gardens. For his progressive administration of prisoners, Maconochie should
be considered one of the fathers of modem penology.

One of the most, famous contributors to the reformatory movement

was Sir Walter Crofton, Chairman of the Directors of Irish prisons. In 1856,
Crofton introduced the Irish system, latter on called the progressive stage
system. The first stage of the Irish system was solitary confinement for nine
months at a certain prison. The prisoners at this stage were given reduced
diet and allowed monotonous work. The prisoner progressed to a more
interesting work, some education, and better treatment toward the end of the
first stage. The second stage was an assignment to the public works at Spike
Island. The prisoner worked his promotion through a series of grades,
according to a mark system, and wore a badge of distinction to show his
status. The purpose of the mark system and the progression through grades
was to shorten the length of stay. In the third stage the prisoner was sent to
Lurk or Smithfield which was a sort of preparation for release. Here, the
prisoner worked without custodial supervision and was exposed to ordinary
temptations of freedom. The final stage was the release an supervision under
conditions equivalent to present day parole. The important thing to remember,
in the Irish system is that Crofton attempted to place the responsibility for self
improvement on the prisoner himself through successive stages.

In 1876, the New York State reformatory at Elmira opened with Z. R.

Brockway as superintendent. Brockway introduced in Elmira a new
institutional program for boys from 16 to 30 years of age. The new prisoner
was classified as second grade and was promoted to first grade after six
months of good behavior. Mother six months of good behavior in the first
grade qualified him for parole. If the prisoner committed a misconduct he was
demoted to third grade where he was required to show good conduct for one
month before ‘he could be reclassified to second grade. The Elmira system
was based on the indeterminate sentence and parole. Elmira had all the
elements of a modern correctional-system, so that this Institution is often
referred to as the forerunner of modern penology.

In England, Sir Evelyn Ruggles Brise, Director of English prisons, after

visiting Elmira in 1897, opened a Borstal Institution near Rochedi in Kent.
The Borstal institutions of England are today considered as the best reform
institutions for young offenders.

The Golden Age of Penology -- The period from 1870 to 1880 was ailed
the “Golden Age of Penology” because of the following significant events:

1. In 1870, the National Prison Association, now American Correctional

Association, was organized and its first annual Congress was held in
Cincinati, Ohio. In this Congress the Association adopted a “Declaration of
Principles,” so modem and comprehensive in scope that when it was
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revised in the prison Congress of 1933, few amendments were made.

Since its founding the Association has held annual congresses of
corrections and has taken active leadership in reform movements in the
field of crime prevention and treatment of offenders.
2. In 1872, the fast International Prison Congress was held in London, It was
attended by representatives of the governments of the United States and
European countries. As a result of this congress, the International Penal
and Penitentiary Commission, an inter-governmental organization, was
established in 1875 with headquarters at the Hague. The IPPC held
international congresses every five years. In 1950, the IPPC was dissolved
and its functions were transferred to the Social Defense Section of the
United Nations.
3. The Elmira Reformatory, which was considered as the forerunner of
modem penology, was opened in Elmira, New York in 1876. The features
of Elmira were a training school type of institutional program, social case
work in the institution, and extensive use of parole.
4. The first separate institutions for women were established in Indiana and
Massachusetts.

The Decline of the Reformatory Movement — The Reformatory system

movement: subsided gradually following the opening of Elmira because of the
founders’ lack of faith in the effectiveness of the program. The defect of the system
was laid on the lack of attempt to study criminal behavior from which to base
treatment. By 1910, it was generally conceded that the reformatory system is the
United States was a failure in practice. It was not until .1930 that the reformatory idea
was revived the direct result of the revamp of the educational program of the Elmira
Reformatory.

The Industrial Prison Movement — The Elmira Reformatory movement was

succeeded by the Industrial Prison movement. The U.S. Commonwealth preferred
the Auburn prison system to the Pennsylvania prison system because of its
congregate wink program the value of prison labor began to be recognized in every
prison system of the contribution that the work program gave to the finances of the
institution. As the economic problem during the depression years became more
acute, the need for more income from the operation of the work programs in prison
became more deeply felt. State governments could hardly afford to provide, the funds
with whit to nm the prisons because of the economic depression that hit the United
States -before -and in the early 1930’s. The operation of industries inside penal
institutions was, therefore, considered a noble innovation that helped support the
pits. Nearly every—prison, therefore, was converted into a factory engaged in, the
manufacture of articles which were sold in the open market for profit.

At about this time it was observed that there was a sudden increase of
criminality in the United States some people attributed the increase of
criminality to the depression. The United States Congress created a
Congressional Committee to investigate the cause of the high incidence of
that the rise in criminality was caused by the increase in recidivism and
repeater ship in crime, and that the increase in recidivism and habitual
delinquency was attributed to the abandonment of the rehabilitation program
in penal institutions in favor of the operation of industries. As a remedial
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measure, Congress passed a law in 1934, winch in effect, prohibited the sale
of prison-made articles to the public, and limited their use to government-
owned institutions and agencies This law put an end to the Industrial Prison
Movement.

The most recent developments in correctional system are the

diversification, adult penal institutions and the individualization of treatment
and training of prisoners. State correctional systems have adopted
California’s system of diversification by institution and. diversification within
the institutions. Today, no prison system which has for its aim the
rehabilitation of prisons can operate effectively without these programs.

Development of Probation — Probation started in England with the

old practice of suspending judgment and releasing the offender on his own
recognizance with the promise not to commit any more crime. Often times, a
surety was required and the guarantor was given the authority to bring back
the offender to the court if he violated the conditions of his release. In the
United States, probation was practiced in Boston by John Augustus in 1841.
Although the first probation law was passed in Massachusetts in 1878 it was
not until the passage of the first Juvenile Court law of Cook County (Chicago)
in 1899 that probation was widely used. Today, probation has won public
acceptance as part of the state correctional system by nearly all countries in
the world.

In the Philippines, Act No. 4221 of the Philippine Assembly

established adult probation, but it was abolished in 1937 after two years of
existence because it was declared unconstitutional in the case of People vs.
Vera, 37 O.G. 164, However probation for adult offenders was re-established
by Presidential Decree No.968 which was signed by President Ferdinand E.
Marcos on July 24; 1976.

Development of Parole — the first parole law was passed in

Massachusetts in 1837. At about the same time, Captain Maconochie, in
charge of the English Penal Colony in Norfolk Island, Australia, introduced a
system whereby a prisoner was given a “ticket of leave” (the equivalent of
parole) after earning a -certain required number of marks. Parole was also a
feature of the Irish Prison System which was established in 1856. Parole in
the Irish System was based on an indeterminate sentence and the mark
system. The Elmira Reformatory, likewise, had a limited form of indeterminate
sentence and a method of -marks similar to the Irish system, and parole
based on marks. The principal defect of early parole systems was the manner
of determining eligibility - for parole. It was the general practice to release the
prisoner on parole after the prisoner had acquired the required number of
marks or credits. Today, good parole practices base release not, only on the
record of work and conduct of the prisoner but on the prospective parolee’s
successful adjustment to the community. The other defect of parole then was
the lack of supervision of the parolee in the community. It is now an
indispensable element of parole to provide parole officers to supervise
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parolees in the field. Hardly can one find a correctional system without parole
at this time.

The Concept of Penology

Penology is the study of punishment for crime or of criminal offenders. It includes the
study of control and prevention of crime through punishment of criminal offenders. It
is a term derived from the Latin word “POENA” which, means pain or suffering.

Penology
Penology is also otherwise known as Penal Science. It is actually a division of
criminology that deals with prison management and the treatment of offenders, and
concerned itself with the philosophy and practice of society in its effort to repress
criminal activities.

Principal Aims of Penology:

1. To bring light in the ethical barriers of punishment, along with the motives and
purposes of society inflicting it.
2. To make comparative study of penal laws and procedures through history between
nations.
3. To evaluate the social consequences of the policies enforced at a given time.
Penal Management
Penal management is the manner or practice of managing or controlling places of
confinement as in jails or prisons.

CORRECTION
Correction is a branch of the Criminal Justice System concerned with the
custody, supervision and rehabilitation of criminal offenders. It is the field of criminal
justice administration, which utilizes the body of knowledge and practices of the
government and the society in the general involving the processes of handling
individuals who have been convicted of offenses for purposes of crime prevention
and control.

Forms of Punishment: Ancient to Contemporary

Early Forms of Punishment — The earliest forms of punishment were

death, torture, maiming and banishment. The jail was introduced in Medieval Europe
as a place of confinement of persons arrested and undergoing trial, and for those
convicted of minor offenses such as vagrancy , gambling and prostitution Death,
corporal punish- met and banishment were the penalties for offenses which today are
punishable by imprisonment. Later, convicted offenders were chained to galleys to
man the ships of war. England, France and Spain used transportation System of
punishment by indenturing their convicts to penal colonies where they served as
slaves until they completed the service of their sentences.
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Transportation of offenders to penal colonies was practiced principally

by European countries that had acquired distant colonies because of the
need to import labor into these colonies England, more than any other
imperialistic country in Europe, made extensive Use of transportation.
England began sporting prisoners in 1718, by sending her convicts to the
American Colonies until the American Revolution. When the colonies
obtained their independence, England diverted her convicts to Australia and
New Zealand. England abandoned transportation of prisoners in the last half
of the 19th century, after much agitations and protests on the part of the
colonies.

BASIC APPROACH INSTITUTIONS

The primary concern of penology is what to do with the prisoner. An

old approach to this fundamental calls for his elimination, or at least his
banishment and isolation from society. But the era of purely vindictive societal
reaction has given way to the humane treatment of criminal offenders
resulting in the present-day policy or rehabilitation and reformation.

In this connection, there are three main schools of thought or

approaches with regard to the treatment of criminals. These schools are
better known as the 1) classical, 2) neo-classical, and 3) positive or Italian.

Classical School.

This school lays stress on the crime and not on the person or criminal
offender. In this approach, punishment which is retributive and punitive is
standardized and proportioned to the gravity and nature of the offense. It
assumes that every individual has free will and knows the penal law.
Moreover, it postulates that man is a rational and calculating being who acts
with reference to feelings of pleasure and pain; thus he will refrain from
criminal acts if the punishment imposed is sufficient to cancel hope of
possible gain or advantage.

Hedonism wherein an individual calculates pleasure and pain in

advance of action and regulates his conduct by the results of his calculation.
The general proposition therefore of this school is: “It is necessary to make
undesirable acts painful by attaching punishment to them and to make the
amount of pain thus entirely different so that a prospective criminal could
make his calculation on it and make it just sufficient so that the pain would
exceed the pleasure.” Hence, imposition of punishment must be the same for
all individuals, regardless of age, mentality, social status and other personal
conditions of criminal offenders.
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Neo-Classical School

This approach to penology arose at the time of the French Revolution and the period
immediately thereafter. It maintains that while the classical school doctrine in general
is correct it should be modified in certain details. It argues that since children and
lunatic persons cannot calculate pleasure and pain, they should not be regarded as
criminals and as such they should not be punished. The reaction to crime, therefore
under this school is no longer punitive; punishment is imposed on some lawbreakers
but not on others. By implication, individual responsibility was taken into account.
Subsequently, it would be necessary for the administrators of justice to consider the
psychology and sociology of crime.

Positive School.

This school views crime as a social phenomenon and attaches importance to

the criminal offenders. To this effect, a criminal is like a sick man who needs not to
be punished but treated in a hospital so that his illness which has something to do
with the commission of crime may be cured. The concept of guilt must be substituted
with that of “Social Behavior,” the incurable criminal is to be treated and the
correctional institution is to constitute a criminology hospital.

Hence, criminal offender should be considered as part of and not apart from
society. It is through the prisoners themselves as individuals and through their own
efforts with the humanistic understanding of society that the ultimate objective of the
correctional institution to rehabilitate them will be achieved.

The Three Aims of Correctional Reforms.

“For the first time in the concept of Philippine Criminal Justice System, the
following are the three aims of correctional reforms, to wit”:

1. To provide judges with more options to deal with offenders through the use of
probation, day fines, commitment to community treatment centers, pre-trial
release, and other measures short of imprisonment.

2. Improving condition in prisons and jails, including decongestion, improved

housing, more effective medical, educational, vocational training, and
rehabilitation program services.

3. Establishing an integrated correctional system that will insure the

development of a unified philosophy of treatment, implementation of uniform
standards and policies, effective programs planning and development, and
efficient delivery of services to offenders while at the same time protecting the
interest and welfare of society.

Philippine Prisons System.

“Of the components of the Criminal Justice System, correction is considered

the weakest, mainly because of its failure to reform offenders and prevent them from
returning to a criminal life.
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In the Philippines, correctional institutions are generally thought of as

limited to jails and prisons. This is so because in our system of criminal
justice, imprisonment is the most commonly-used method of dealing with
criminals. In fact, it is oftentimes the only option given the judges in meting
out penalties to convicted offenders, except in certain minor cases where a
fine may be imposed.

Correctional services in the Philippines are primarily the responsibility

of the Bureau of Prisons under the Department of Justice. In the strategy of
social defense in the Philippines, the Bureau of Prisons is entrusted with two
broad goals:

1. To segregate from society persons who by their acts have proven

themselves dangerous to society; and

2. To strive at the correction of these prisoners with the hope that when they
return to society, they shall be able to lead normal, well-adjusted, self-
supporting and useful lives as useful and law-abiding citizens.”

In line with this, there are more than 1,500 correctional institutions in
the Philippines. Of this number, eight are national prisons under the
supervision and control of the Director of Prisons; 72 are provincial jails,
administered by the provincial governors and assisted by jail wardens; and 61
are city and 1,445 municipal jails which are administered by the local police
agencies under the Philippine National Police.

HISTORY OF EARLY PHILIPPINE PRISONS

The Organizational Set-Up of the National Bureau of Prisons.

The basic law on the Philippine Prison System is found in the Revised
Administrative Code, otherwise known as the Prison Law. The law specifically
referred to is in Sections 1705 to 1751 of the said Code.

The Prison Law states that the head of the Bureau of Prisons is the
Director of Prisons who is appointed by the President of the Philippines with
the confirmation of the Commission on Appointments. The Bureau of Prisons
has general supervision and control of national and provincial prisons and all
penal settlements and is charged with the safekeeping of all prisons confined
therein or committed to the custody of the said Bureau.

THE PHILIPPINE PRISON SYSTEM

Prior to the coming of the Spaniards and immediately soon after their
arrival, the penal system of this country was jurisdictionally local and tribal. It
consisted mostly of native mores and customs administered by regional
chieftains. The more notable ones were those of Datu Sumakwell’s, the
Maragtas Code, Code of Kalantiao, Sikatuna and others. The most extensive,
the Kalantiao Code, was comparable with Greek and Roman Laws of the time
as well as with their contemporary Spanish and English criminal laws.
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Upon the occupation of the Philippines by the Spaniards dating as far back
as 1521, and at various later dates when formal occupation of the different villages
were effected by the Spanish “conquistadores” the laws which were introduced in the
Philippines were the royal decrees, orders, ordinances, rules and regulations for the
government of the colonies promulgated by the King of Spain from time to time and
later on incorporated into “Recopelacion de las Leyes de India.” These were enforced
until 1887, when the Penal Code of 1870 of Spain with some minor changes, which
were recommended by the Code Committee for the Oversea Provinces (Pronvicas
de Ultramar) in order to suit local conditions, were put into effect.

By virtue of a Royal Decree of September 4, 1884, the Code thus prepared

by the Code Committee was ordered enforced in the Philippines. Some of the
objections to the enforcement of the Code were raised by the “Gobierno General” to
the Minister of Ultramar, but notwithstanding such objections, in a subsequent Royal
Decree dated December 17, 1886, the Code was ordered promulgated, The Penal
Code together with the “Ley Engiciam1ento Criminal” were then enforced, both laws
taking effect four months thereafter, in accordance with the provisions of the Decree
“Legislacion Ultramarina” of March 13, 1887.

The Bilibid Prison: With the effectivity of the Spanish Penal Code in the
country, it was then necessary to establish a system of incarceration. So in 1i the
construction of the Bilibid Prison started. This institution became the central place of
confinement for Filipino prisoners. Prior to the establishment of Bilibid Prison,
prisoners were confined in jails under the jurisdiction of Commandancias where law
enforcement units were stationed. Commandancias were established in practically
every province of the country. In 1865, the Bilibid Prison was opened by virtue of a
Royal Decree of the Spanish Crown.

The plan of the old Bilibid was such that the brigades were constructed in a
radial spoke-of-a-wheel form. For easy commanding control, a central tower was
placed at the center of pokes. This was the most important tower post then under the
command of the Officer of the Day. The brigades made of strong ad e stones were
so sturdy that even to this day, after their transfer to the city government of Manila,
they still stand and are being used by the City of Manila as the City Jail.

The New Bilibid Prison — The Bilibid Prison continued as the main national
prison until 1941 when it was transferred to a new site in Muntinlupa, Rizal. The old
prison had become overcrowded because prison population increased from year to
year. The Prison at Azcarraga (now Recto) was also fast being enveloped by the
modern structural expansion in the city, so it was then necessary to move the prison
from the city Lo a suburban site.

In 1936, the City of Manila exchanged its Muntinlupa property of 552

hectares with that of the Bureau of Prison 1t in Manila. This Muntinlupa estate
was originally intended as site for the Boys Training School, but because it is far
from Manila, the City Government of Manila preferred the site of the old Bilibid.
The Bureau started construction of the prison in 1936. Despite the: fact that the
buiIdings were not yet ready, all the inmates of the Bilibid Prison in Manila were
transferred to the new site on the recommendation of the Cabinet shortly before
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the outbreak of World War II. The new site occupies 552 hectares. During the
war, Filipinos who were suspected as guerrillas were sent to the New Bilibid
Prison for confinement by the Japanese Occupation Army. When Manila was
liberated, Americans who were former prisoners of war, were camped in the New
l3iibid Prison reservation for physical recuperation.

The Biibid Prison is mainly a maximum custody institution. Being the main
prison, it receives commitments from Courts of First Instance and Criminal Circuit
Courts all over the Philippines, except those sentenced by the Courts of First
instance and Criminal Circuit Courts of Zamboanga and Sulu who may be
committed directly to the San Ramon Prison and Penal Farm. The New Bilibid
Prison has a capacity of 3,000 prisoners. At present it has over 5,000 prisoners,
the biggest institution in the world in point of population.

Today, the .New Bilibid Prison operates two satelite units, namely, Bukang
Liwayway Camp and Sampaguita Camp. These two camps are located about a
few hundred meters back to the New Bilibid Prison compound. The Bukang
Liwayway Camp houses 1,500 minimum security prisoners who work in the
various projects of the institution in Camp Sampaguita are located the Reception
and Diagnostic Center, the Medium .security Unit and the Youth Rehabilitation
Center.

The Medium Security Unit can handle a population of 700 prisoners who
are e9loyed in the agricultural projects under guard escorts. The Youth
Rehabilitation Center is capable of accommodating a population of 500 inmates
of the 16 to 21 age group. This unit offers a special treatment and training
program for youthful tractable offenders.

The New Bilibid Prison specializes in the industrial type of vocational

training. It operates a furniture shops shoe repairing shop, black Smith and
tinsmith shop, auto- mechanics and automobile body building shop, tailoring,
electronics, watch repairing, carpentry, and rattan furniture shop. It is also
engaged in track gardening, poultry, piggery and animal husbandry.

The New Bilibid Prison offers a high school course for prisoners who desire
to complete their high school education. The school is a part of the public high
school of Rizal province. Since its establishment in 1956, the school has
graduated over three hundred inmates.

The San Ramon Prison and Penal Farm — In 1869, the authorities saw
the need of establishing one prison separate from Bilibid for those who fought the
established government. So, San Ramon Prison and Penal Farm in the southern
tip of Zamboanga were established for the confinement of political offenders.
During those days a rebel who was not shot was either sent to Guam or the
Marianas or to Zamboanga. The San Ramon Prison was named after its founder,
Ramon Blanco, a Spanish captain in the Royal Army. The purpose of this prison
was for the segregation of political recalcitrant who advocated for reforms but
which reforms were rejected by the instituted authorities. Thus, Dr. Jose Rizal
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who fought for reforms was considered an enemy of the government and was
imprisoned in Dapitan, also in Zamboanga.

The San Ramon Prison and Penal Farm have an area of 1,524.6 hectares.
It houses maximum, medium and minimum custody types of prisoners. Prisoners
who are directly committed by the court to this prison are later sent to the
Reception and Diagnostic Center in the Central Office for study and diagnosis.
San Ramon has an average population of 1,200 prisoners. The ‘principal product
of the San Ramon Prison is copra, which is one of the biggest sources of income
of the Bureau of Prisons. It also raises rice, torn, coffee, cattle and livestock.

The Iwahig Penal Colony — On November 16, 1904, Foreman R.J.

Shields, with sixteen prisoners left the Bilibid Prison by order of Governor Forbes
who was then Secretary of Commerce and Police, to establish the Iwahig Colony
in Palawan. The idea was hatched on the suggestion of then Governor Luke E.
Wright who envisioned it to be an institution for incorrigibles. The first contingent,
however, revolted against the authorities. They hogtied their Superintendent, Mr.
Madaras, and could have killed him were it not for the timely succor of the
Philippine Scouts stationed in Puerto Princesa. When the Philippine
Commission, by virtue of Reorganization Act - created the Bureau of Prisons on
November 1, 1905 the auth s changed the policy regarding Iwahig, so tha1iiiiead
o sending incorrigibles, inmates who were well- behaved and declared tractable
were assigned to this colony. Today, the Iwahig Penal Colony enjoys the
reputation of being one of the best open institutions in the world. Only mutual
trust and confidence between the wards and the prison authorities keep them
together there being no walls

At present, the Iwahig Penal Colony is a minimum custody or open

institution. It has an area of 36,000 hectares and an average population of 4,000
prisoners. The colony is divided into four sub-colonies, namely: Sta. Lucia sub-
colony, lnagawan sub-Colony, Montible sub-colony and Central sub-colony. Each
sub-colony operates as a small institution under the management of a penal
supervisor.

The Iwahig Penal Colony administers the Tagumpay Settlement. The

Settlement is a 1,000-hectare portion of the colony which was subdivided into 6-
hectares homestead lots. These lots are distributed to released inmates who
desires to live in the settlement.

One important feature of the Iwahig Penal Colony is the privilege granted to
colonists to have their families transported to the colony at government expense
and to live with them in the colonists’ village. The institution maintains various
community resources such as schools, church, recreation center, post exchange,
hospital and clinics for the colonists and their families. The colonists who have
their families with them are assigned a piece of land to cultivate and are
encouraged to raise poultry and livestock for their personal use. Their products
are sold by the Colony Post Exchange. The principal products of the Iwahig
Penal Colony are rice, corn, copra, logs, minor forest products and cattle.
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The Correctional Institution for Women — In 1931, the Correctional

Institution for Women was established on an 18-hectare piece of land in
Mandaluyong, Rizal, by authority of Act 3579 which was passed on November
27, 1929. Prior to the establishment of this institution, female prisoners were
confined in one of the wings of Bilibid Prisons. Later the position for a female
superintendent was created in 1934. Today, the Correctional Institution for
Women is an institution under the Bureau of Prison, managed by the female
personnel, except the perimeter guard who are male.

The Correctional Institution for Women is the only penal institution for
women in the Philippines; It has an average inmate population of 180. The
institution conducts vocational courses in dressmaking, beauty culture,
handicrafts, cloth weaving and slipper making.

The Davao Penal Colony — The Davao Penal Colony was established on
January 21, 932, in accordance with Act No. 3732 and Proclamation No. 414,
series of 1931. The first contingent of piners that opened the colony was led by
General Paulino Santos its founder and the then Director of Prisons. The area
consists of 18,000 hectares mostly devoted to abaca.

In 1942, the Davao Penal (‘as used as a concentration camp for American
prisoners of war. The former inmates were all transferred to the Inagawan sub-
colony in iw1uring the war, the Japanese devastated the colony, destroying its
buildings, machineries and industries. In August, 1946, the colony was re-
established to its former productive activity by slow reconstruction. This institution
is now the main source of income of the Bureau from its vast abaca, banana, rice
and other farm industries.

At present, the Davao Penal Colony is a combination of medium and

minimum custody type of institution. The greater portion of the prison population
are medium security inmates who live in a stockade enclosed with wires. The-
prisoners work in the open fields under escort guards. The Davao Penal Colony
manages the biggest abaca plantation in the whole country. The colony is divided
into two sub-colonies, namely, the Panabo Sub-Colony and the Kapalong sub-
colony. Each sub-colony is headed by a Penal Supervisor. The Davao Penal
Colony also raises rice, corn kenaf, copra, and cattle. It has a potential of
producing rice which will meet the needs of the whole inmate population of the
Bureau. The colony is engaged in a joint venture with Tagum Development
Company in a 3000-hectare banana plantation for the export of banana fruits not
only to Japan but also to the Middle East countries particularly Saudi Arabia and
Egypt. The colony also operates the Tanglaw Settlement where released
prisoners of said colony are relocated as homesteaders.

The Sablayan-Penal Colony and Farm — In 1954, the increase in prison

population was such that there was congestion again in the New Bilibid Prison.
The New Bilibid Prison which could hold only 3,000 had a population of 6,000
prisoners in 1954. On - September 27, 1954, the President of the Philippines
issued Proclamation No. 72 setting aside 16,000 hectares of the virgin lands in-
Sablayan, Occidental Mindoro for the Sablayan Penal Colony. The first trail
Page 13 of 45

blazers were the experienced colony administrators from Iwahig Penal Colony
headed by the Assistant Superintendent of that colony, Mr. Candido Bagaoisan.
Today, Sablayan Penal Colony enjoys the reputation of being the youngest and
fastest growing colony under the Bureau.

This institution is an open or minimum security type of institution. It has an

area of 16,408.5 hectares and has an average prison population of 1,500. Rice is
the principal product of the colony. This institution is self-sufficient in rice. It also -
raises vegetables, not only for the use of the colony, but also for the inmates of
the New Bilibid Prison.

The Manila Office — The Manila Office was originally a service pool of
prisoners working in the different offices under the Department of Justice.
However, it was converted to an operating institution following the prison riots
inside the New Bilibid Prison in 1958, when the hardwood shop of the Prison
Industries was removed from the New Bilibid Prison compound and transferred to
the Manila Office because the shop was believed to be - the source of weapons
used by the rioting inmates. Three hundreds prisoners working in this hardwood,
projects were transferred to the Manila Office, thus making this unit a regular
penal institution.

1.1.1.1 The Reception and Diagnostic Center (RDC)

The Reception and Diagnostic Center - In 1953, the Reception and
Diagnostic Center were established for diagnostic study of prisoners for more
scientific rehabilitation. The Center was opened by virtue of Administrative
Order No. 11 of the Secretary of Justice. From then on the Reception and
Diagnostic Center operated as a separate institution and is housed in one
building inside the Camp Sampaguita compound in the New Bilibid Prison.

THE CLASSIFICATION PROCESS

The rehabilitation program of the prisoner is carried out through the process of
classification. Classification is more than placing prisoners into types or categories.. It
is a method by which diagnosis, treatment, planning, and execution of treatment
program .are coordinated in the individual case. The objectives of classification are
development of an integrated and realistic programs of the prisoner arrived at,
through the coordination of diagnosis, planning, anti treatment activities; and an
informed continuity of these activities from arrival to release of the prisoner.

The first two phases of the classification process, namely, diagnosis and
treatment planning, take place in the reception center, which is a special unit
separate from the prison, or in the classification clinic of the prison. The third phase
which is the execution of the treatment program takes place in the operating
institution or prison.
Page 14 of 45

A. Reception Diagnostic Center

In line with the latest approach to treatment — the individualized or

casework method — it is necessary that prisoners must undergo a diagnostic
examination, study and observation for the purpose of determining the program
of treatment and training best suited to their needs and the institution to which
they should be transferred. These processes take place in the Reception &
Diagnostic Center within the first sixty days of their commitment to prison.

The Reception and Diagnostic Center makes possible the careful

study of offenders by a professional staff, the segregation of prisoners based on
scientific methods; the treatment of inmates based upon careful study of the
individual inmate at the time f commitment; the improvement of institutional
programs based on close study of inmate’s characteristics and needs made at
the Center; and the development of research concerning the causes and
treatment of delinquency or crime.

The Reception Center is a specialized diagnostic institution designed

to service a big correctional system. It is not a treatment center. In order that the
Center can accomplish the purposes for which it is intended, the following basic
elements must exist in the correctional system:

1. There must be a sufficient member and variety of institutions or treatment

facilities available to permit placement of each individual in accordance with
his treatment and training needs.
2. There must be an integration of plan and program, including the reception
center, treatment facilities in the prison, and parole placement and
supervision
3. The public must be educated to accept the basic concept of treatment as
opposed to mere punishment
4. There must be a sound philosophy of treatment and training throughout the
entire correctional system.
5. There must be good physical facilities and personnel.

The Staff and Their Functions:

1. The Psychiatrist — The psychiatrist examines the prisoner and prepares an

abstract of his findings. The abstract includes a brief statement of the mental
and emotional make-up of the individual with particular reference to
abnormalities of the nervous system and the presence of psychoses,
psychopaties, neurotic tendencies, paranoid trends and other special
abnormalities. The psychiatrist makes a recommend - with regard to custody
and transfer and calls attention to any special condition which limit or indicate
special type of work, educational training, recreation or disciplinary treatment.

2. The Psychologist — The psychologist interviews the man and administers

tests. The psychological abstract presents a statement of the psychologist’s
findings with regard to the mental level, general and special abilities, interests
and skills of the prisoner. The outstanding factors contributing to the
maladjustment of the individual are pointed out. A prognosis for institutional
and parole adjustment based on the inmate’s attitudes, characteristics and
peculiarities is included. In this abstract, the psychologist makes his
Page 15 of 45

recommendation with regard to custody, transfer and general education and

further study and treatment of the man.
3. Sociologist — The prisoner is interviewed by the sociologist. Additional
information is obtained through correspondence with the prisoner’s friends,
relatives; and social agencies. The objective facts of the personal history of
the inmate are recorded in the social abstract, which also includes an analysis
and interpretation of the individual’s social situation and relationships.
4. Education Officer or Counselor — The prisoner is interviewed by the
educational officer in order to determine his educational strengths and
weaknesses and to recommend suitable educational program for him. He
conducts orientation classes in general education in order to change the
inmate’s attitudes toward education. He gives counsel to inmates found
wanting in educational needs. He prepares a report of every inmate on
general education as part of the case summary of the inmate.
5. Vocational Counselor -- The vocational counselor, by interview, obtains a
record of the man’s former employment and tests the man to determine his
general and special abilities, interests and skills. The results comprise the
vocational abstract and recommendations are set forth with regard to the
types of vocational training which should be made available to the inmate
during his incarceration.
6. The Chaplain — The inmate is interviewed by the Chaplain and he is
encouraged to participate in religious worship. The Chaplain’s abstract states
the religious affiliation of the prisoner and gives his opinion as to the
significance of the inmate’s religious attitudes in determining his conduct. The
Chaplain makes recommendations with regard to further religious training.
7. Medical Officer — A complete physical examination is given each inmate at
which time his medical history is obtained. The examination covers the major
organs of the body, such as the lungs and the heart, and includes tests of the
blood and sense organs. The doctor correlates the patient’s previous health
history with present findings in the medical history and physical examination,
plus recommendation for medical treatment.
8. Custodial-Correctional Officer — The Chief of the correctional unit
prepares the custodial officer’s abstract which includes all significant
observations made by the correctional officers of the inmate’s behavior and
interactions to various situations in the dormitory, place of recreation, work
assignments, etc. The report includes the custodial. Officer’s
recommendations on transfer and type of custody of the prisoner.

Admission Procedures - New prisoners are received either in the reception

center or in a prison and later to transfer to the center. The new prisoner usually
comes from a provincial or city jail where he is immediately committed upon
conviction by the court. He is transferred to the National Prison escorted by guards of
the committing jail. On arrange of the Reception Center or prison, the receiving
officer checks the commitment papers they are in order. .A commitment paper is in
order if it bears the signature of the judge or if it has the signature of the Clerk of
Court and seal of the court. The next step is to establish the identity of the prisoner in
order to be sure that the person being committed is the same person named in the
commitment order. The identity is established through the picture and the fingerprint
of the prisoner appearing on the commitment order.
Page 16 of 45

Searching the Prisoner: After the commitment papers are checked

and the identity of the prisoner established, the new prisoner is “frisked” and his
personal things searched. Weapons and other-items of contraband are
confiscated and deposited with the property custodian. Money, watches, rings
and other pieces of jewelry are deposited with the trust fund officer under proper
recordings and receipts.

Issuance of Clothes and Equipment: From the receiving office, the

new prisoner goes to the supply room where he receives his prison uniform,
mosquito net and beddings.

Assignment to Quarters: After the prisoner is issued his clothing’s

and beddings, he is sent to the quarantine unit. The quarantine may be a unit of
the prison or a section of the Reception Center.

The Quarantine Unit: The new prisoner spends from seven to ten
days in the quarantine Unit. During this period he is given thorough physical
examination including blood test, X-rays, inoculations and vaccinations. One
purpose of the quarantine is to insure that the prisoner is not suffering from any
contagious disease. The results of the examination are submitted to the Chief of
the Center in written form. This report forms part of the diagnostic record of the
prisoner.

a) Orientation Procedures The initial contacts of the prisoner with the Center
are very meaningful. The first impressions received by him may affect his
entire institution as adjustment.

The orientation of the prisoners takes place within the first few days in
the Center. It consists of giving them a booklet of rules and regulations
and explaining the rules to them conducting group meetings of Center
inmates to explain the purposes of the treatment programs; holding
sessions with the Chief and individual members of the Center staff to
explain the basic purpose of the Center and what the inmates should do
in order to profit most from their experiences.

b) Testing Programs — in order that each staff member can profit from
psychological test results, group testing of inmates should be scheduled
one or two weeks after arrival. Psychiatric examinations should also be
given early during the stay of the inmate because the psychiatric analysis
of the personality of the inmate is very valuable to the rest of the staff.

c) The Program Activities — After undergoing quarantine and orientation,

the inmate is ready to go into a regularly scheduled program which will
continue until his last day in the Center. Some of these activities are as
follows:
Page 17 of 45

1. The Educational Program — The inmate attends literacy and citizenship

classes and group therapy sessions. The objectives of the educational
classes in the Center are to determine the educational possibilities of the
inmate which may be pursued or encouraged in prison, and to encourage,
through group sessions, the individual to talk out his problems, to lend him to
recognize desirable goals and ways of attaining them.
2. Vocational Program — The inmate is given on-the-job training and
observation t determine his vocational interests and abilities and to determine
his attitude toward.
3. Physical Testing and Recreation — This program is aimed at building the
morale as well as helping maintain the well-being of the prisoners. Also, it
affords an opportunity for supervisors it observe how the inmate reacts to
various situations which are very revealing of the personality of the prisoner.
4. Staff Interviews — It is desirable that all members of the staff interview every
inmate on whom they are required to render a report. Each staff member
should plan his interviews so that his questions are pointed toward securing
the information which will help him analyze the phase of the study for which
he is responsible. Each report should give indication of the staff member’s
impression of the personality of the Inmates.

The Admission Summary: The written reports submitted by the staff of the
center regarding their findings on the prisoners are compiled, and form the admission
summary. The admission summary becomes the nucleus of the cumulative case
history of the prisoner. The Admission Summary consists of the following:

1. An account of the legal aspects of the case. In addition to citations from the
summaries of the reports of law enforcement, judicial, and other officials, this
may contain an explanation by the inmate of how he got into trouble;
2. A summary of the man’s earlier criminal history. If he has previously been in a
juvenile or an adult correctional institution, reports from these places contain
information regarding his program therein and related facts about his attitudes
and behavior.
3. Social history, or the man’s biography as a person, based upon the probation
report or field investigation, staff interviews, tests, examinations, and other
staff- observations. This may also be provided or amplified by his family or
friends, former employers, and others who may assist through interviews or
answers to questionnaires;
4. Physical condition;
5. Vocational interests, competence and experience;
6. Educational status;
7. Religious background and interest;
8. Recreational interest;
9. Psychological characteristics evaluated by the psychiatrist and the
psychologist;
10. Behavior Reception Center, reported by the custodial staff;
11. Initial reaction to group psychotherapy or group counseling or other forms of
treatment.
Page 18 of 45

From the above interview and counseling situations, data are obtained
from the inmate standpoint, that is, the man’s own story, as well as from other
persons. The admission summary becomes a practical document when the final
page is devoted to a listing of recommendations in the above areas of diagnostic
study for the inmate’s institutional an parole program.

Most correctional systems have found it advisable to prepare a master

stencil of the admission summary from which additional copies may be made
through a duplicating process. Copies are required not only for the classification
committee but also after the reception period for the central office of the prison
system, and still later for the parole agency. Requests for copies of the case
history may also come from other institutions or appropriate community agencies.

Usually the cover page of the admission summary contains the

summary of recommendations of the Center in the above eleven areas of
diagnostic study for the inmate’s institutional and parole program.

The admission summary is prepared in at least three copies, and

distributed as follows: one copy goes with the prisoner whichever prison he is
confined; one copy goes to the Central record system of the Bureau; and one
copy remains with the Reception and Diagnostic Center. The admission summary
is used by the Classification committee as guide in carrying out the rehabilitation
program of the prisoner in the operating institution; and by the parole office as
guide in parole program planning and parole supervision.

Transfer Out of the Center: When the admission summary is

completed, it is forwarded to the Director of Prisons for approval of the tentative
program prepared for the prisoner, after which the prisoner is then transferred to
the operating institution.

Interpretation to the Prisoner: Just prior to transfer, the inmates should

be interviewed, either individually or in groups. This interview should make clear
to the individual some of the reasons why he is being transferred to a particular
institution and what will be expected to him there. The essential findings of the
center, as well as the recommendations made for his program, should be
interpreted to the inmate. He should, however, be made to realize that there may
have to be some changes in his program. For example, occasionally his
assignment to an activity in which he is interested may have to be postponed
owing to lack of facilities in the institution.

The final interview is much more effective when it is done on an

individual basis. In spite of the time required, this should, if possible, be done.
Through the individual interview, the man may get a much clearer picture of what
the reception center has found out in his case and be helped to recognize his
own responsibility for making a satisfactory adjustment in preparation for release.
In some correctional systems, the interview with the individual to discuss the
findings of the reception center in his case, is carried out at the time of initial
classification in the transfer institution.
Page 19 of 45

B. The Operating Institution

The prisoner is transferred from the Reception and Diagnostic Center to the
operating institution with a tentative plan of treatment already prepared. The
treatment plan is contained in the Admission Summary which is sent to the
Classification and Treatment Division of the prison for implementation. On his arrival
in the operating institution, the prisoner goes to the General Service or Orientation
Unit where he is temporarily quartered pending his permanent residence assignment
by the Classification Board. The stay of the prisoner in the general service unit is a
sort of orientation period for him. He is given lectures on the rules and regulations;
and he is assigned to different work projects to afford him various experiences which
will guide him in the choice of a permanent vocational program.

Reclassification: The prisoner appears before the Classification Committee

periodically after his initial classification to keep current his treatment and training
program. Human personality and behavior are constantly changing and it is essential
that the inmate’s program be correspondingly adjusted in accordance with his
changing needs.

The Classification committee, through constant reclassification of the prisoner,

attempts to maintain continuity and integration of the various institutional services.
Reclassification is necessary to assure that individual needs are not overlooked, and
it must continue from the time of admission classification until the inmate is released.

The Cumulative Case Summary: In pursuing the individualized or casework

method of carrying out the treatment program of the prisoners, it is essential that a
cumulative summary be maintained for each individual. The inmate’s cumulative
summary starts from the admission report, submitted by department heads of the
prisoner’s adjustment to his assignments. Every significant change of status or
program concerning the prisoner is entered in the cumulative case Summary. This
record serves as the basis for determining the prisoner’s fitness for release on
parole.

Classification Procedures Immediately Prior to Parole or Release: When the

prisoner has already served the minimum or a considerable portion of his sentence
and that his records show successful adjustment to his treatment program, he is
scheduled to appear before the classification committee for pre-parole interview. The
purpose of this meeting is to enable the Committee to evaluate the inmate’s
readiness for parole and to plan out with him his program on parole. It may turn out
that the inmate at this time is not yet ready for parole, in which case the Board sets
another date for the next pre-parole interview. If the inmate’s case is favorable, the
committee then prepares the pre-parole report and recommends him to the Board of
Pardons & Parole for release on parole. The pre-parole report is sometimes called
the pre-releases progress report. This report outlines the treatment program of the
parolee. Certain rather specific suggestions may be made in regard to the inmate’s
remaining weeks or months in the prison. Special emphasis will be given on his
program thereafter when he leaves the institution on parole.
Page 20 of 45

The Pre-Release treatment. Pre-release treatment is defined as the program

specifically planned to prepare the offender, during a limited period prior to his
release on parole. Pre-release treatment deals specifically with the transition from
artificial, regimented group life to normal, independent life of the free individual
and with the problems which this transition entails. The end of the prison term
should not only be in sight but rather close at hand before such treatment begins,
otherwise the psychological stress of prolonged expectation would defeat the
purpose of the pre-release treatment.

The very realization that he is soon to be released may restore a

greater measure of hope to the prisoner than he has had since he was
sentenced, particularly if he has been deprived of liberty for a long time.

Some of the special pre-release program now used in various countries include:

1. Special information sessions on matters which will be important to the

prisoner on his return to the community, such as parole conditions and
employment opportunities.
2. Granting a greater freedom inside the institution which may take the form of
letting the offender wear his own civilian clothes: lodging him in a separate
quarter of the prison, possibly in a room of his own; and giving him an
opportunity to determine his leisure activities and communicate more freely
with the outside world; and generally subjecting him to less supervision.
3. Group and individual counseling which may assist him in orienting himself
and alleviating his worries;
4. Transfer from a closed to an open institution or to a pre-release camp which,
by providing a minimum degree of supervision, enables the prisoner to realize
the trust place in him and to live under conditions which are considerably
closer to normal life;
5. Pre-release leaves for a few hours a day or even several days to obtain
necessary documents, to find living quarters; to be interviewed by potential
employers; to visit family; and t other purpose which may be reasonably
considered valuable for the future readapt n of the prisoner.
6. Leave for work which allows the offender to be employed in the community
provided he returns to the institution at night.

JAIL ADMINISTRATION

What are Jails — Jails are primarily adult penal institutions used for
the detention of law violators. Its original function was the pre-trial detention of
persons charged with crime. Later it came into use for the service of shorter
sentences. Today, it continues its dual role as a place of detention for those
awaiting final disposition of criminal action and the service of short sentences
of not less than three years.

Jails differ from the prisons in that the former are administered by local
governments such as municipality, city or province, while the latter are
administered by the state or national government. Furthermore, jails are
institutions for the confinement of untried prisoners and sentenced prisoners
serving imprisonment of not more than three years while prisons are
Page 21 of 45

institutions for the confinement of sentenced prisoners serving imprisonment

of more than three years.

History of the Jails — When the first crude system of community

organization began to emerge in the stone age, a small cave was undoubtedly
designated as a holding cell for the detention of those who violated the tribal code
until the elders could gather at the side of some nearby mountain to decide upon
punishment. But when punishment had been determined, a restraining boulder was
rolled aside from the mouth of the cave, the guilty were brought and punishment
promptly meted, until about 200 years ago, the jail was used exclusively for the
detention of the accused pending trial and imposition of punishment. The punishment
imposed was torture, banishment, exile, death, branding, mutilation, but never
imprisonment.

Importance of the Jail — Perhaps it is difficult for the layman to realize that
the jail is important. Often, it is too important when one unfortunately finds oneself
confined therein, or when a member of one’s family is committed. The layman in civic
bodies and organizations has difficulty in appreciating the importance of the jail within
his community.

From the numerical point of view, we find that there are as many jails as
there are municipalities, cities and provinces in the country. It should be recognized
that nearly every person arrested for the commission of- a crime is subject, as a
result, to at least, some period -of confinement within- the -jail. Even -a--ten-minute
detention -for investigation is sufficient as a deterrent -for most persons. Few local
citizens will experience temporary detention in a local jail.

There is no exact data on the number of prisoners admitted in jails, but

certainly it is many times the number of prisoners received in the prisons. Because of
the numerical preponderance of jail inmates over prison population, jails are
considered the most important of penal institutions. The first experiences that an
offender receives in the jail are impressive and lasting. The treatment that he
receives- from the jail guards may spell his early rehabilitation or may make him a
more hardened criminal.

Defects of Present-day Jails — A survey of jails in the State of California

made by the Committee on Jail of the State Board of Corrections a few years ago
listed the following defects which are practically true of other jails:

1. Inadequate, deteriorated, out-molded buildings, including failure to plan a

new construction as a long range basis.
2. Inefficient personnel to provide safe and suitable supervision; and lack of
personnel standards with respect to qualifications and training.
3. Failure to meet legal requirements’ covering proper segregation.
4. Overcrowding and lack of classification system.
5. Unsanitary conditions, both as-to equipment and management.
6. Existence of unnecessary idleness owing to lack of constructive work
program.
7. Existence of the “Kangaroo Courts” and other discredited methods of
discipline.
Page 22 of 45

8. Failure to make constructive use of prisoners’ time through lack of proper

educational and recreational programs.
9. Substandard food serviced and failure to meet modern standards of
management and nutrition.
10. Inadequate medical services.
11. Lack of uniform records and statistics.
12. Politically dominated.

A remarkable feature of jails is the fact that they have so long defied
physical change. Jails built decades, even a century ago, continue to be used
throughout the country. One important reason why jails, have not Improved is the
apparent lack of community interest in the local jail situation. Another reason is
the fact that the jails are operated by local governments which do not have
sufficient funds for their maintenance. It is an unhappy but well-established - fact
that for too many jails — hundreds of them while presumed to be the bulwark of
community social protection, actually are little more than the enforced common
meeting places for social derelicts who find the greatest opportunity to’ infect the
casual offender, the weak, the unsophisticated, the morally retarded, and the
socially inadequate. Moreover, such jails are often unsuccessful in performing
their basic mission of secure detention. In them, jailers’ responsibilities are
delegated to the most sophisticated and experienced criminals who proceed to
prey upon the majority of other prisoners through the “Kangaroo Courts” and
other devices and insidious methods concocted by those morally depraved
criminals.

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;
Page 23 of 45

Sec. 1729 Provincial Jails — A jail for the safekeeping of prisoners shall be
maintained at the, capital of each province; and in the absence of special provisions
all expenses incident to the maintenance thereof and of maintaining prisoners therein
be borne by the province.

The Provincial Jails

The Provincial jail system was first established in 1910 under the American regime.
Each of the country s eighty-two (82) provinces has a provincial jail to serve as penal
facility for prisoners who are categorized under the law as provincial prisoners. For
provinces whose jails are overcrowded a sub-provincial jail was created. They are
those sentenced by the courts to a prison term of from six months and one day to
three years.

1.2.2.2 Supervision over Provincial Jails

Provincial jails are under the supervision and control of Provincial

governments and headed by a Provincial Jail Warden. Although the Local
Government Units, which include the provincial government, are under the
supervision of the Department of Interior and Local Government, the provincial jails
operate independently and autonomously from the Bureau of Jail Management and
Penology.
The Memorandum-Circular dated March 7, 1994 issued by the Secretary for Peace
and Order of the Department of Interior and Local Government regarding the Manual
of Operations for Provincial Jails are basically similar to the correctional procedures
and practices of the BJMP.

The following shall be the guiding principles in the treatment of provincial jail
inmates and detainees:
1. There shall be no description in the treatment of offenders on account of race,
color, sex, religion, language, politics, nationality, social origin, property, birth or other
status.
2. The purpose of jail confinement is nor merely to punish a convicted offender but to
negate his criminal tendencies and restore his positive values to make him a
productive and law-abiding citizen.
3. Except as provided by law, a detention prisoner shall be presumed innocent and
shall be treated differently from a convicted prisoner.
4. The religious beliefs of an inmate shall be respected.

A. GOALS OF THE TREATMENT PROGRAMS

For centuries institutional programs consisted mainly of custody and some

work. As the philosophy concerning causes of crime changed, the corresponding
concepts and objectives of institutional programs also changed. Modem thinking
indicates that the prison today should be geared to protect society, and also, to
rehabilitate the offender. This is long-range rehabilitation because if we succeed we
will be sending the offender back to the community as useful law-abiding citizens for
the rest Of his life. It is, therefore, the responsibility of the institution, in rehabilitating
the offender, to constantly strive to change and improve the prisoner’s attitude. To
Page 24 of 45

rehabilitate the prisoner mainly by changing attitudes is the main goal of the
treatment program.

Treatment services ace geared toward improving an offender’s

attitudes and his philosophy of life. We use education very basically and very
widely as a rehabilitation cornerstone. Various types of education whether they
be academic, vocational or commercial, play very important roles in the formation
of attitudes and character. We use religious services and counseling in prison for
the very same reason. Recreation and leisure time programs are very
instrumental also in the treatment process, as they contribute to good physical
and mental health and in many ways are connected with the teaching process.
Work is still a main treatment tool and should be considered as an integral part of
any treatment program. Other services such as medical care, individual and
group counseling as well as visits and correspondence, are parts of treatment
and each, in its own Way, contributes to the over-all treatment process.

The entire process needs individualization whenever and wherever

possible. Individualized treatment, in turn, depends upon a sound workable
classification system. Without treatment, we would only be containing people and
protecting Society for a short period of time, but with treatment, the proper type
for each person’s attitudes are being changed daily, and men restored to society.

The United Nations “Standard Minimum Rules for the Treatment of

Prisoners provide.

“65. The treatment of persons sentenced to imprisonment or a similar

measure shall have as its purpose so far as the length of the sentence permits,
to establish in them the will to lead law-abiding and self-supporting lives after
their release and to fit them to do so. The treatment shall be’ such as will
encourage their self-respect and develop their sense of responsibility.

“66. (1) To these ends, all appropriate means shall be used, including
religious the countries where this is possible, education, vocational guidance and
training social casework, employment counseling, physical development and
strengthening moral character, in accordance with the individual needs of the
prison, present of his social and criminal history, his physical arid mental
capacities and appraised high personal temperament, the length of his sentence
and his prospects after release.

“(2) For every prisoner with a sentence of suitable length, the director shall
receive, as soon as possible after his admission, full reports on all the matters
referred to in the foregoing paragraph. Such reports shall always include report y
a medical officer, regarding the physical and mental condition of the prisoner

“(3) The reports and other relevant documents shall be placed in’ an individual
file. This file shall be kept up to date and classified in such a way that it can be
consulted by the responsible personnel whenever the need arises.”
Page 25 of 45

B. EMPLOYMENT OF PRISONERS

Prison labor was originally intended to be punitive. It was imposed on the

offender as a penalty to be, suffered by him in addition to imprisonment. Thus, the
early forms of prison labor were not constructive. Such work as carrying stones from
one corner of the Yard to the other, and digging a big well and filling it up again, were
commonly emp1yed to punish prisoners. Later, prison labor was intended to reduce
the cost of maintenance of the institution.

The Pennsylvania system, with its solitary confinement and handicraft inside the
cells, and the Auburn system with its congregate shops, brought about a realization
that prisoners should work for profit. The Auburn system triumphed over the
Pennsylvania system because the former proved that prisoners could be more
profitably employed in congregate shops than in solitary confinement.

In the United States there emerged six systems of prison labor, aside from
agriculture. Of the six, three were public labor systems and three were private labor
systems. In the public labor system the state retained the control of the maintenance
and discipline of prisoners, the employment of prisoners and the sale of the products.
In the private System, however, private interests controlled at least one of them.

The six systems of prison labor are:

1. The Lease System — The state turns the prisoners over to a private lease.
The latter feeds, clothes, guards, houses and disciplines the prisoners. This
system prevailed in the southern states of the United States. This system no
longer exists.
2. The Contract System — The state, under this system, retains control of the
prisoner and the contractor merely engages with the state for the labor of the
inmates, which is performed within or near the prison. The contractor supplies
the raw material] and supervises the work and pays the institution the
stipulated amount for the services of the prisoners. This system no longer
exist too.
3. The Price-Piece System — Under this system the contractor supplies the raw
materials and pays the state a determined amount for the work done on each
article produced. The institution retains control of the inmates including the
daily quantity of work required. This system has also been abolished.
4. The Public Account System — In the Public Account System, the state buys
the raw material, manufactures and sells the products and assumes all the
risks of conducting a manufacturing business. Today, prison-made products
can not be sold in the open market.
5. The State-Use System — Under this system, the state conducts the
manufacture of the use of the article is limited to state owned institutions. The
principle of the system is that the state produces articles or merchandise for
its own consumption alone and in the process, affords the prisoner
opportunities to train for a vocation.
6. The Public Works and Ways System — Prison labor is used in the
construction and repair of public buildings, roads, bridges, flood control,
reforestation, clearing land, preventing soil erosion, etc. The system does not
involve the application of prison labor to the production of consumption
goods.
Page 26 of 45

Today, there is a general acceptance of the principle that prisoners

should work. The work programs of’ the institution develops the morale and
maintains discipline among the prisoners. They contribute to effective security of
the institution and Its population for they are particularly useful in reducing
tensions and misconduct. The remark made by a prison warden several years
ago that “idleness is the workshop of the devil” still holds true. A work program
that is wisely planned and competently administered minimizes the danger of
disturbances and risks that threaten life and property. In view of these facts, it is
difficult to understand why those who are concerned with the problem of running
prisons are not vitally concerned with the problem of idleness and some ways of
overcoming it.

The employment of prisoners has other values. Inmates who work

contribute to their own support and thereby reduce the’ tax burden on the free
citizens who are required to bear the expense of maintaining penal institutions.

Work not only lessens the boredom of intuitional life, but also is a
means whereby many inmates maintain or regain their self-respect.

Penologists and prison administrators believe that the principal value

of employment is in the opportunities it provides for developing and reviving skills
and work habits, which are instrumental in the rehabilitation of inmates and in
their successful occupational, adjustment in free society. Greater emphasis
should therefore be given on the necessity for developing diversified types of
work activity, particularly vocational and on-the-job training. The employment
program, in order that it be genuinely constructive, must be planned and
conducted as an integral part of the Institution’s total treatment program. It must
be operated in close and continuing liaison with the other integral phases of the
correctional process. Reasonable incentive in time credits and a wage, should be
provided in order to encourage the prisoners to derive the benefits from
participation in the employment program.

The employment assignments of prisoners may be classified

into five general groups:

1. Unassignable, or available for limited employment only, such as the new

arrivals in quarantine; prisoners who are nearly ready to leave the institution,
either on parole or at expiration of sentence and have been taken off their
jobs so that they can participate in the institution’s pre-release program;
prisoners awaiting transfer to other institutions; prisoners who are in
disciplinary status or are segregated for other reasons; and hospital patients
and that portion of the prison population which may well be designated
“unemployable”, including chronically ill and infirm prisoners, and also those
inmates with mental or emotional disabilities.
2. Educational assignments, including general education, vocational training,
physical education.
3. Maintenance assignments, involving the use of labor in activities relating to
the care of prisoners and upkeep of the institution properties.
4. Agricultural activities, planned to supply as much of the food requirements of
the prison as possible while furnishing training and employment to inmates
adapted to this type of work.
Page 27 of 45

5. Industrial employment, necessary for those who can not be absorbed to the
preceding forms of activities, who will benefit through industries can
contribute towards a reduction in the cost operating the institution of the state.
United Nations Standards: The following are provisions of the Standard Minimum
Rules for the Treatment of Prisoners and Related Recommendations” on
employment of prisoners:

“71”

a. Prison Labor must not be of an afflictive nature

b. All prisoners under sentence shall be required to work, subject to their
physical and mental fitness as determined by the medical ‘officer.
c. Sufficient work of a useful nature shall be provided to keep prisoners actively
employed for a normal working day.
d. So far as possible the work provided shall be such as will maintain or
increase the prisoners’ ability to earn an honest living after release.
e. Within the limits compatible with proper vocational selection and with the
requirements of institutional administration and discipline., the prisoners shall
be able to choose the type of work they wish to perform.”
“72”

(1) The organization and methods of work at the institutions shall resemble as
closely as possible those of similar work outside institutions, so as to prepare
prisoners for the conditions of normal occupational life.

(2) The interests of the prisoners and of their vocational training, however, must
not be subordinated to the purpose of making a financial profit from an
industry in the institution.
“73 “

(1) Preferably institutional industries and farms should be operated directly by

the administration and not by private contractors.
(2) Where prisoners are employed in work not controlled by the administration,
they shall always be under the supervision of the institution’s personnel.
Unless the work is for other departments of the government the full normal
wage for work shall be paid to the administration by the persons to when the
labor is supplied, account being taken of the output of the prisoners
“74”

(1) The precautions laid down to protect the safety and health of free workmen
shall be equally observed in institutions.
(2) Provision shall be made to indemnify prisoners against industrial injury,
including occupational diseases, on terms not less favorable than those
extended by law to free workmen.
“75”

(1) The maximum daily and weekly working hours of the prisoners shall be fixed
by law or by administrative regulations, taking into account local rules or
custom in regard to the employment of free workmen.
(2) The hours so fixed shall leave one rest day a week and sufficient time for
education and other activities required as part of the treatment and
rehabilitation of the prisoners.
Page 28 of 45

“76”

(1) There shall be a system of equitable remuneration of the work of prisoners.

(2) Under the system prisoners shall be allowed to spend at least a part of their
earnings on approved articles for their own use and to send a part of their
earnings to their family.
(3) The system should also provide that a part of the earnings should be the
administration so as to constitute a savings fund to be handed over to the
prisoner on his release.

RIGHTS OF AN INMATE

SECTION 1. Rights of an inmate – An inmate shall have the following basic

rights:

a. to receive compensation for labor he performs;

b. to be credited with time allowances for good conduct and loyalty;
c. to send and receive mail matter;
d. to practice his religion or observe his faith;
e. to receive authorized visitors;
f. to ventilate his grievances trough proper channels; and
g. to receive death benefits and pecuniary aid for injuries.

SECTION 2. Privileges of an inmate - The following privileges shall be

extended to an inmate:

a. Attend or participate in any entertainment or athletic activity within the

prison reservation;
b. Read books in the library;
c. Smoke cigar and cigarettes, except in prohibited places;
d. Participate in civic, religious and other activities authorized by prison
authorities; and
e. Receive gifts and prepared food from visitors subject to inspection.

SECTION 3. Rights of a detainee – A detainee aside may, aside from the

rights and privileges enjoyed by a finally convicted inmate, wear civilian
clothes and to grow his hair in customary style.

Treatment of Special Needs or Unusual Offenders

As a general rule, special/unusual offenders should not be held in jails

with other offenders. Female offenders should be confined in separate
institutions from men. However, until adequately equipped detention homes
shall have been provided, the jail will continue to serve as their temporary
homes.
Page 29 of 45

The following special methods are required in the handling of special

needs/unusual offenders:

1. Female

a. The women’s quarters should be fully separated from the men’s quarters;
b. All handling and supervision of female offenders/ detainees must be done by
female jail staff;
c. In larger jails, services may be provided by a resident matron who shall keep the
case to the women’s quarters and should be available at any time;
d. No male offender shall be allowed to enter the women’s quarters; and
e. Only work suitable to their age and physical conditions should be assigned to
female offenders.

2. Drug Addicts

a. Offenders found to be drug dependents/addicts should be segregated from other

offenders, especially during the withdrawal period;
b. Close supervision of inmates should be maintained to prevent attempts to commit
suicide or self- mutilation;
c. No sedatives/stimulants shall be prescribed or administered except by a physician;
d. Measures should be taken to enable offenders to follow strictly the jail physician’s
advise regarding diet and other treatment measures during the withdrawal period;
and
e. Prompt search of the addict’s quarters should be conducted and constant
alertness maintained to prevent the smuggling of narcotics and other dangerous
drugs.

3. Alcoholics

a. Alcoholics should be placed in a comfortable quarter separate from other offenders

and maintain close supervision to guard against suicide attempts;
b. Any symptoms of abnormal behavior among offenders should be reported to the
jail physician; and
c. Close supervision should be maintained to guard against the smuggling of liquor
and other intoxicating drinks or products containing alcohol.

4. Mentally-ill
a. The mentally-ill should be under the close supervision of a jail physician;
b. The mentally-ill should be placed in individual cells and special restraint rooms
provided for violent cases;
c. Close supervision should be maintained to guard against suicide attempts or
violent attacks on others; and
d. The mentally ill should be transferred to mental institutions for proper psychiatric
treatment.

5. Sex Deviants

a. The homosexuals should be segregated immediately to prevent them from

influencing other offenders to abnormal behavior; and
b. The other sex deviants, likewise, should be separated from other inmates for
closer supervision and control.
Page 30 of 45

6. The Escape-prone

a. The escape-prone prisoners/detainees should be held in the most secured

quarters preferably in single cells;
b. Their conduct should be closely supervised and their actuations observed during
and after visiting hours;
c. Their quarters should be searched frequently and subject to frequent strip
searches;
d. Special attention should be given to the examination of things resulting from strip
searches; and
e. Their telephone calls should be restricted and its use should be allowed only if
monitored on an extension.

7. Suicide-risk Offenders

a. The suicide-risk prisoner/detainee should be given close and constant supervision;

and
b. They should be subjected to frequent strip searches.

8. The Handicapped, Aged and Infirm

a. The handicapped should be housed separately and closely supervised to protect

them from maltreatment or abuse by other offenders; and
b. Special treatment should be given to these prisoners who shall be required to work
only in accordance with their physical capabilities for their own upkeep, and for the
sanitation of their quarters and surroundings.

9. The Youthful Offenders

a. Immediately after apprehension and booking, the arresting officers

concerned shall take the youthful offender to the city or municipal health
officer or proper medical health officer for the thorough physical and mental
examination. The examination and treatment papers resulting there from shall
form part of records for the case of the youthful offender;
b. A youth offender held for physical and mental examination during
trial or pending appeal, if unable to furnish bail, shall, from the time of his
arrest be committed to the care of;
c. The DSWD thru its local office or representative in the community;
d. The local rehabilitation center;
e. A detention home in the province or city shall be responsible for his
appearance in court whenever required. Provided, that in the absence of any
such center or agency, the city and/or municipal jail shall provide quarters for
youthful offenders separate from other detainees;
f. Whenever it is for the best interest of the community and the
effective rehabilitation of the youthful offender, considering the age,
immaturity, gravity of the offense, situation of the offender and other
circumstances, the BJMP unit, in coordination with DSWD and the city or
provincial fiscal, may recommend to the court concerned the release of the
youthful on recognizance to the custody of his parents or other suitable
person who shall be responsible for his appearance whenever required; and
g. The foregoing procedure pertains merely to the custody, detention
and rehabilitation of youthful offenders. Consequently, the usual course of
investigation of his case until its filing with the proper court should be pursued
by the arresting elements concerned.
Page 31 of 45

10. Alien Offenders

The Warden shall notify the Commissioner of Immigration of the receipt of an alien
prisoner stating
a. The name of the prisoner;
b. His nationality and the number of his alien Certificate of Registration;
c. The offence committed; and
d. The court imposing the sentence.
The overall concept of jail security operations encompasses both prevention and
rehabilitation. These two efforts are inseparable is neither can be accomplished
without the other. Jail security is necessary to safeguard the lives of people residing
within the vicinity, those managing the jails, and inmates whose lives are to be
rehabilitated to become constructive members of society.

The following guidelines should be strictly observed in jail, Security and

control:

1. Maintain strict control of firearms. Never permit any firearm inside the jail except in
some areas where firearms are authorize;
2. Maintain 24-hour supervision of offenders;
3. Maintain a system of key control, which shall include an accurate listing of keys
and of receipting them. Never permit the offenders to handle keys or study them;
4. Secure firearms and anti-riot equipment in the armory where they shall be within
easy reach of the jail guard and yet afford maximum security against access by
offenders;
5. Supervise the proper use of tools and other potentially dangerous article such as
bottles, acid, kitchen knives, etc., and keep them out of offenders’ reach when out in
use;
6. Conduct regulator offenders’ count at least four (4) times within the 24-hour a day
period. Establish procedures which will ensure beyond doubt, that every offender is
physically present or accounted for, at every count;
7. Conduct frequent surprise searches of offenders and their quarters to detect
contraband;
8. Conduct frequent inspections of security facilities to detect tampering or defects;
9. Guard against escape, assault on jail personnel and offenders’ disturbances;
10. Develop plans dealing, with emergencies like escapes, fires, assaults and riots.
Make plans know and understood by jail personnel;
11. Never allow a jail guard to open the offenders’ quarters alone. At least, another
guard should be present; and
12. Select carefully the offenders to be assigned as orderly or aide and maintain rigid
control over their activities. No offender should be allowed to assume any of the
authority which belongs to the jail staff or shall any offender be allowed to exercise
authority, supervision and control over other prisoners; .

Members of the custodial force shall have the following duties and
responsibilities:

1. To supervise and maintain other and discipline of offenders in housing units, those
assembled for religious service, entertainment and athletics, during meals, classes,
work details, bath and visits;
2. To censor offender’s mail;
3. To inspect security device;
4. To maintain inner and other perimeter security;
Page 32 of 45

5. To escort offenders to courts, other authorized places of confinement and

to hospitals in case of emergencies;
6. To insure custody and safety of those confined in jail;
7. To escort visitors within the jail premise;
8. To report any infringement of rules and regulations to proper authorities;
9. To inform the Warden of any emergency case;
10. To keep and maintain records of the offenders; and
11. To perform such other duties as may be assigned by competent
authority;

SECTION 5. Inmate head count. – A head count of inmates shall be

conducted four (4) times a day or as often as necessary to ensure that all
inmates are duly accounted for.

SECTION 6. Procedure for inmate count. - The procedure for conducting a

periodic physical head count of inmates shall be as follows:

a. During the count, the inmates shall not be allowed to move until
the count is completed.
b. There must be a positive verification of an inmate’s presence.
Counting an inmate as present on the basis of seeing any part of his clothing,
his hair, or shoes shall not be made.
c. A written report on the results of each head count shall be
submitted to the Chief Overseer.
d. If the inmate count does not tally with the list of inmates, the
matter shall be immediately reported to the Chief Overseer.

SECTION 8. Security measures while serving/delivering meals. – If

meals are served in a dinning room or similar facility, the following security
measures shall be observed:

a. Inmates shall be marched in column of two’s along designated

routes under the supervision of one or two guards. Other guards may be
stationed along the route to direct the orderly movement of inmates to and
from the mess hall.
b. A roving supervisor shall be establish order in the dinning room
area.
c. After meals, all eating and kitchen utensils of inmates shall be
collected and accounted.
If meals are delivered inside the inmate’s cells / quarters, the guard
shall not enter the cells / quarters to distribute food unless another guard is
available to handle the keys and control the entrance door. If the food will be
served by just one guard, the food shall be served without unlocking the door
if there is a danger of being overpowered by the inmates. If there is no
danger, the door may be opened but the guard shall remain on alert

SECTION 2. Censorship of mail matter - All letters sent or received by an

inmate, as well as magazines, books, periodicals, and all reading matters,
shall be subject to censorship to prevent the entry of contraband and the
entry or exit of information that may adversely affect the security of the prison.
Page 33 of 45

SECTION 3. Guidelines on censorship of mail matter - The sending and receiving of

mail by all inmates shall be governed by the following guidelines:

a. Inmate mail shall be secured until such time that the censors are ready to
examine them.
b. Inmate mail shall be opened and searched by qualified, trained and authorized
personnel.
c. Greeting cards shall be carefully examined and fillers of any kind found therein
shall be collected for laboratory examination.
d. Photographs shall be marked on the reverse side and replaced in the envelope.
e. In censoring mail, prison slang, unusual nicknames and sentences with double
meaning shall be carefully studied and deciphered.
f. Letters passed by censors shall bear the censor’s stamp at the top of each
page and on the envelope. The letter shall be replaced in the same envelope and
resealed.
g. The contents of an inmate’s mail shall be confidential and shall not be
discussed with other prison personnel.

SECTION 4. What may be censored – All letters containing statements

concerning the security or reputation of the prison like escape attempts,
smuggling/trafficking of contraband or statements that may affect prison rules and
policies, shall be censored out. Any item or correspondence or enclosure that does
not conform with regulations or are detrimental to the security, good order and
discipline of the prison shall be confiscated and submitted to the Superintendent for
disposition.

SECTION 5. Collection and delivery of mail – The mail officer shall collect and
deliver mail matters on a daily basis, Monday through Friday. An inmate shall be
advised to claim his if he fails to claim his letter within twenty-four (24) hours after it is
received in prison.

SECTION 6. Expenses for special delivery of mail – Inmates shall be allowed

to send letters by registered, certified, stamped or special delivery at their expense.

SECTION 8. Fire prevention. – To prevent the occurrence of fire and to

minimize its effects if such has occurred, the following rules shall be followed:

a. Inmates shall be cautioned against the hazards caused by the careless

handling of lit cigarettes, inflammable materials, fuel, welding equipment, etc.
b. Fire extinguishers shall be placed in close proximity to all housing units and
located in strategic places in buildings, and work areas.
c. Empty drums and cans shall be filled with water/sand and placed in strategic
places for ready use.
d. Keys to emergency exits, cells, brigades and storage places of fire-fighting
equipment shall have distinct markings or tags, marked and shall be accessible to
the guards on duty.
e. Portable floodlights shall, when available, be placed in the Control Center in
case of nocturnal fires.
f. Government equipment shall be marked with tags or symbols for easy
identification and priority evacuation in case of a fire or other emergency.
Page 34 of 45

SECTION 6. Emergency plans for calamities etc. – Subject to the

available personnel and funding resources, a prison shall establish
emergency plans in cases of power failure and natural disasters such as
floods, earthquakes and other calamities. The plans shall cover the specific
roles of prison personnel present, the alarm system to be used, the
emergency power units to be utilized and the kind of security to be provided
and such other matters as are necessary to insure the safety and security of
prison personnel and inmates. Likewise, the plans shall also include detailed
procedures for the evacuation of inmates in cases of floods, earthquakes and
other calamities, if such evacuation is necessary.

SECTION 7. Features of emergency plans. – Subject to the availability of

funds and equipment, emergency plans shall contain the following basic
elements or features:

a. Fire

i. A fire crew shall be formed consisting of prison personnel and

inmates chosen according to their security classification / behavior,
intelligence and aptitude. They shall man the prison fire truck, if any.
ii. The inmates who are selected shall be housed separately from
the other inmates in close proximity to the Control Center and/or the fire
equipment and fire truck, if any. They may be issued special uniforms for
easy identification.
iii. At the first sign of fire, the Control Center shall sound an alarm
either by means of a siren or a bell, and at the same time, notify the fire
department, police headquarters and other units that may help in putting out
the fire and/or evacuating inmates.
iv. The person in-charge of the keys to the storage for fire-fighting
equipment, the emergency gates and gates of the different cells/brigades,
should distribute the keys to the responsible personnel concerned.
v. The fire crew shall immediately respond to the scene to put out
the fire while the other prison personnel shall station themselves according to
the plan.
vi. All inmates in the affected area shall be required to help in putting
out the fire.
vii. If there is a need to evacuate government records, supplies and
equipment, they should be evacuated to a safe place according to priority and
placed under proper guard.
viii. If there is a need to evacuate the inmates, they shall be evacuated
in an orderly manner, using secure motor vehicles, if any or by any other
means that will bring them to pre-arranged buildings or detention centers for
their confinement. If the inmates are evacuated outside the prison, they shall
be secured by handcuffs or other instrument of restraint.
ix. When the all-clear alarm is sounded, first aid shall be
administered to the injured inmates and a physical count of inmates shall be
made. Security check of the prison to determine the extent of the damage
shall also be done.
x. If the security conditions allow, the evacuated inmates shall be
returned to the prison. Otherwise, they shall be retained in the detention place
where they were evacuated or transferred to another penal establishment as
the Governor may decide.
Page 35 of 45

xi. A thorough investigation of the causes of the fire shall be conducted by

the Superintendent and the report thereon submitted to the Governor and the
local Fire Department.

SECTION 4. Procedure during riots and disturbances. – The following

procedures shall be followed in the case of riots and other violent
disturbances:

a. At the sound of the first alarm, all inmates shall be locked up inside their
respective cells/quarters. An inmate work crew shall be immediately returned to the
prison compound or to previously designated areas for accounting and confinement
after a head count;
b. If the disturbance occurs during visiting hours, all visitors shall be immediately
ushered out of prison compound or if this is not possible, brought to a pre-determined
area inside said compound. In the latter case, the visitors shall not be allowed to
leave said area or the compound until the disturbance has ceased and the inmates
have been properly accounted for.
c. At the same time, all guards who are not on duty shall be directed to
immediately report top the Desk Officer. All critical posts shall be manned to prevent
escapes. The most senior guard present shall take command of the custodial force
and make assessment of the situation.
d. All telephone calls to and from the prison compound shall be controlled.
e. The Armorer shall issue the necessary anti-riot equipment and firearms.
f. Based on his assessment of the prevailing conditions, the guard in command
shall deploy the guards into the following groups:

1st Group – This is the initial wave of anti-riot assault contingent who shall be armed
with wicker shields, protective head gear, gas masks and night sticks or batons,
when these are available. The objectives of this group are to disperse the rioters and
get their leaders.
2nd Group – This is the back-up force of the 1st Group who shall be equipped with
tear gas guns and gas grenades.
3rd Group – This is composed of guards who are trained in the proper handling and
use of firearms. Under the direct command of the guard-in-charge, they shall provide
covering fire to the first two groups.
g. When the three groups mentioned above are ready, the guard-in-charge shall
direct the inmates to cease and desist, to return to their respective cells and warn
them of the consequences if they do not obey. The known leaders, if known, shall be
addressed directly.

h. If inmates fail or refuse to heed the order to return to their cells, the guard-in-
charge shall sound the 2nd alarm. Thereupon the 1st Group shall enter into the prison
compound followed by the 2nd Group at a discreet distance. The third group shall be
in strategic position, ready to fire if the lives of the guards in the 1st and 2nd Groups
are endangered by overt violent acts of the inmates.

i. The 1st Group shall be tasked with quelling the riot and getting the leaders of
the rioting group. If they meet stiff resistance, the head of the group shall immediately
order their withdrawal.
Page 36 of 45

j. Thereafter, the guard-in-charge shall order the 2nd Group to fire tear
gas on the inmates. When the area where the rioters are found is saturated
with gas, the 1st Group shall attack using their batons to force the rioters into
their cells and to get the leaders. The use of pressurized water from the fire
truck, if any, may be restored to.

k. At the earliest opportunity, the guard-in-charge shall report the prison

disturbance to the nearest police station and to the Director who shall in turn
inform the Secretary.

l. When the condition has become critical and the disturbance has
reached full intensity, the guard-in-charge shall cause the sounding of the
third alarm. At this instance, the Control Center shall notify all Police agencies
nearby for assistance and then all other plans in connection with prison
uprisings shall then be executed. Nearby hospitals shall also be notified if the
situation demands.

m. As an extreme measure to prevent mass jail break or serious assault

upon the members of the prison administration, the selected marksman of the
3rd Group maybe ordered by the guard-in-charge to fire warning shots at the
rioters. If the rioters do not desist, the order to fire shall be given but only to
maim designated targets belonging to the rioting group.

n. After the riot or disturbance, the following procedures shall be followed:

i. Administer first aid to the injured;

ii. Conduct a head count;
iii. Segregate ring leaders and agitators;
iv. Assess and determine the damage to the facilities;
v. Investigate the causes of the riot and prosecute the ringleaders
and other persons involved in the riot;
vi. Repair the damage;
vii. Adopt measures to prevent repetition of similar incidents; and
viii. Submit a report on the incident to the Secretary.

SECTION 5. Procedure during an escape or jailbreak. – The following

procedures shall be followed in the case of escapes or jail breaks:

When a jail break is in progress or has just occurred,

the Control Center shall immediately sound the alarm and the Superintendent
or the Commander of the Guards shall be notified.
a. At the first sound of the alarm, all inmates shall be locked in their
respective cells while those in work detail shall be marched in orderly
manner to their cells.
b. All prison personnel who are not on duty shall report to the prison
immediately and make themselves available for emergency
deployment. The Armorer shall issue firearms to members of the
custodial force who shall be immediately dispatched to strategic posts.
c. A head count shall be made simultaneously in the different cells /
quarter of inmates to determine the identity of the escapee. Prison
personnel assigned to essential posts such as the powerhouse,
kitchen, hospitals, fire station, etc. shall also make a head count of the
Page 37 of 45

inmates under their supervision and report the results thereof to

the Control Center.
b) If the identity of the escapee is established, his name and other personal
circumstances shall be immediately flashed to all units of the Philippine
National Police in the vicinity.
c) Radio and television stations and other news media shall also be notified of
the escape and, if possible, provided with photographs of the escapee.
d) A Recovery Team shall be formed by the Superintendent to proceed to all
known lairs, hangouts, residences and houses of immediate relatives and
friends of the escapee.
e) In case of mass jail breaks, all members of the custodial force shall be
immediately issued firearms and assigned to critical posts to seal off all
possible escape routes while teams search the prison premises. Prison
personnel who are off-duty shall be required to report for duty immediately.
f) If any prison officer or employee is held hostage by the escapee, reasonable
caution to insure safety shall be taken. If the Superintendent who is taken
hostage, the Assistant Superintendent shall assume command.
g) If no hostage was taken and the escapee is unable to leave the prison
premises but refuses to surrender to the prison authorities, the basic plan for
Riots or Disturbances shall be implemented.
h) After the escape, the Superintendent shall conduct an investigation relative to
the escape to determine the liability of the officer / employee under whose
custody the inmate escaped. A review of security procedures and an ocular
inspection of the prison facilities shall also be made to determine the
existence of any gaps or flaws. A report on the results of said review shall be
submitted to the Secretary.

1. Subject to the conditions set forth in the succeeding Sections, an offender

may be brought out from a jail in any of the following instances:
a) To appear or attend, as witness or as accused, before any court of
justice or prosecutor’s office during preliminary investigation,
arraignment of hearing of a criminal case;
b) To appear as witness in any investigation or formal inquiry being
conducted by a government agency;
c) To view the remains of a deceased relative within the second degree
of affinity or consanguinity; or
d) To undergo medical examination or treatment in an outside hospital or
clinic.

2. An offender may be transferred to another institution only upon specific

order of the Court having jurisdiction over him, except incase of serious illness where
hospitalization is necessary, and the detainee immediately taken to the nearest
hospital with the court subsequently notified;

3. In any emergency and for the safety to detainees in jail, the Warden may
move them to any secured place for temporary detention. However, in viewing the
remains of the decreased relative within the second degree of consanguinity and
affinity, clearance should first be obtained from Court concerned. The written request
must be accompanied by the following documents:
a. Death Certificate of the deceased relative duty certificate by the attending
physician or local Civil
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Register:
b. Burial permit; and
c. The appropriate certificate as indicated after the name of each deceased
relative;
a) Spouse - marriage contract
b) Children - Birth Certificate of the deceased child and Marriage Certificate of
the prisoner
c) Brother or Sister - Birth Certificates of the offender and his deceased brother
or sister
d) Parent - Birth Certificate of the offender
e) Grandparent - Birth Certificates of the offender and his parent who is the son
or daughter of the deceased
f) Grandchild Birth Certificates of offender and his son or daughter who is the
parent of the deceased.

4. A written request to view the remains of a deceased relative shall be filled

with the Warden at least three (3) days before the privileges sought is
enjoyed;
5. The offender shall be allowed to stay not more than three (3) hours in the
place where the remains of the deceased relative lie in state; Provided, that
the detainee shall not be allowed to join the funeral cortege;
6. The Warden shall disapprove the request of an offender to view the remains
of a deceased relative or not favorably endorse a similar request of offender
to the appropriate Court of government agency in any of the following cases:
a. The deceased relative is lying in state in a place that is beyond a
thirty-kilometer radius from the place of confinement of the prisoner, or
in any case, where prisoner cannot return to said place during the
daylight hours;
b. The detainee has a record of escape; and
c. The detainee has two or more pending criminal cases or is a vital
witness in a pending criminal case.
7. Before leaving the for the authorized destination, the offender shall torn over
to the Warden such amount that may be necessary to pay for his
transportation and meal expenses and those of the jail guards escorting him.
The Warden shall issue a receipt therefore and restore any unspent portion
thereof to the offender upon his return.

Cooperation Between Jail Wardens Regarding Transfer of Detention Prisoners

1. Jail authorities must agree as to the use of facilities for the temporary
detention or imprisonment of the detainee from other localities before, during
and after trial; and
2. Wardens effecting the movement/transfer of any offender shall shoulder all
expenses of the same while confined in other jails.
Rules to be Followed During Transfer of Offenders:

Whenever the transfer to other jails is effected, the following rules shall be
observed:

I. The responsibility for the security of the detainee being transferred shall
remain with the custodian until received by another custodian. Whenever
possibility transferred be made during the day. Any movement or transfer of
inmates shall be treated confidentially;
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2. Prior to movement, all guards shall be given detailed instructions on their duties
and responsibilities to include particularly specific instructions that the most direct
route to the destination must be followed;

3. Notorious/disastrous prisoners being moved shall handcuffed. When two or more

prisoners are transported, each must be secured to the other. In no case shall a
prisoner be handcuffed and secured to any part of the vehicle during transit to avoid
being trapped incase of accident;

4. Before any transfer, all offenders shall be inspected and searched for dangerous
weapons or object which may be used for escape or self-destruction;

5. As a general rules, offenders under escort shall always be under the watchful eye
of the guard. The guard shall always be closed enough to the prisoner being
escorted to able to respond effectively incase of emergency; and

6. The following basic security precautions shall be observed during the

transfer/movement of prisoners:

a. Offender should not be allowed to tinker with the handcuffs;

b. It must be ascertained that the offender/detainee does not have crippled,

deformed or very small hands to allow him to “slip” the cuffs off;

c. All offenders being transferred, should be regarded as extremely notorious

to avoid being careless;

d. The cuff should be properly adjusted for tightness to avoid the need of
adjustments while en route;

e. No offender shall be allowed to go to a toilet or washroom alone;

f. A jail guard should always talk behind an offender, never in front and the
prisoner should always precede the guard into an automobile;

g. A guard shall be extra careful not to sit, stand or walk next to an offender
while carrying a gun as it can easily grabbed from him; and

h. Stopping along the highway, while in transit is highly discouraged, especially

when transporting prisoners by vehicle hired solely for the purpose.

Punishable Acts

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

I. Minor Offenses

a. Selling or bartering with fellow offender items not classified as contraband;

b. Rendering personal service to fellow offender;

c. Untidy or dirty in his personal appearance;

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d. Littering or failing to maintain cleanliness and orderliness in his quarters

and/or surroundings;

e. Making frivolous or groundless complaints;

f. Taking the cudgels for or reporting complaints or be half of other offenders;

g. Late information or duty without justifiable reasons; and

h. Willful waste of food.

2. Less Grave Offenses

a. Failure to report for work detail without sufficient justification;

b. Failure to render assistance to an injured personnel or inmate;

c. Failure to assist in putting out fires inside the jail;

d. Acting boisterously during religious, social and other group functions;

e. Swearing, cursing or using profane or defamatory language directed

personally towards other person;

f. Malingering or reporting for sick call to escape work assignment;

g. Spreading rumors or maliciously intriguing against the honor of any person,

particularly members of the custodial force:

h. Failing to stand at attention and give due respect when confronted by or

reporting to any officer or member of the custodial force;

i. Forcing fellow inmates to render personal service to himself and/or others;

j Exchanging uniform or wearing clothes other than those issued to him for
the purpose of circumventing jail rules;

k. Loitering or being in an unauthorized place;

1. Using the telephone without authority from the desk officer/warden;

m. Writing, defacing, or drawing on walls, floor or any furniture or equipment;

n. Withholding information which is inimical and prejudicial to the jail

administration;

o. Possession of lewd or pornographic literature and/or photographs;

p. Absence from cell, brigade, place of work during head count, or at any time
without justifiable reason; and

q. Failing to turn over any implements/articles issued after the work detail;
and
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r. Committing any act prejudicial to or which is not necessary to good order

and discipline.

3. Grave Offenses

a. Making untruthful statements or lies in official communications,

transactions, or investigation;

b. Keeping or concealing keys or lock of places in the jail wheie it is off limits
to offenders;

c. Giving gifts, selling to, or bartering with jail personnel;

d. Keeping in his possession money, jewelry or other contraband which the

rules prohibit;

e. Tattooing others or allowing himself to be tattooed on any part of the body

or keeping any paraphernalia to be used in tattooing;

f. Forcibly taking or extracting money from fellow inmates;

g. Punishing or inflicting injury upon himself or other inmates;

h. Receiving, keeping, taking or imbibing liquor and other

prohibited drugs;

i. Making, improvising or keeping any kind of deadly weapon;

j. Concealing or withholding information on plans of attempted escapes;

k. Unruly conduct and behavior and flagrant disregard of discipline and

instructions;

1. Escaping, attempting or planning to escape from the institution or from any

guard;

m. Helping, aiding or abetting others to escape;

n. Fighting, causing any disturbance or participating therein and/or agitating to

cause such disturbance or riot; and

o. I ndecent, immoral or lascivious acts by himself or other and/or allowing to

be subject of such indecent, immoral or lascivious act;

7. Willful disobedience to lawful order issued by an officer or member of the custodial

force;

8. Assaulting any officer or member of the custodial force;

9. Damaging any government property or equipment issued to the inmates;

Page 42 of 45

10. Participating in any kangaroo court and unauthorized or irregular court

conducted with disregard for or perversion of legal procedures as a mock
court by offender in a jail/ prison;

11. Affiliating oneself to any gang or faction whose main purpose is to foment
regionalism or to segregate themselves from others;

12. Failing to inform the authorities concerned when afflicted with any
communicable disease like VD, etc.;

13. Engaging in gambling or any game of chance: and

14. Committing any act which is in violation or any law or ordinance, in which
case, he shall separately be prosecuted criminally in accordance with law.

Disciplinary Board

A Disciplinary Board shall organized and maintained by jails for the purpose of
hearing disciplinary cases involving any offender who violates jail rules and
regulations.

I. The Disciplinary Board shall be composed of the following:

Chairman - Assistant Warden

Member - Chief Security Officer

Member - Medical Officer or

Public Health Officer

Member - Social Worker or a Rehabilitation Officer

If the above composition is not feasible because of personnel

limitations, the Station/Sub-station Commander or the Warden shall perform
the functions of the Board as a Summary Hearing Officer.

2. The Board is tasked to investigate the facts of the alleged

misconduct referred to it by the Warden. It shall hold sessions as often as
necessary in a room, which may be provided for the purpose. All cases
referred to it shall be heard and decided within forty eight (48) hours from the
date of receipt of the case.

3. The Board is authorized to imposed any of the following

disciplinary punishment:

a. Reprimand;

b. Temporary or permanent cancellation of some or all

recreational privileges;

c. Cancellation of visiting privileges;

d. Extra-fatigue duty; and

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e. Close confinement in a cell, which shall not exceed seven days (7) in any calendar
month, provided that this punishment shall be imposed only in the case of an
incorrigible prisoner, when other disciplinary measures had been proven ineffective.

In addition, to the above-mentioned punishment, the Board may recommend to the

Warden partial or full forfeiture of good conduct time allowance to be earned for that
month and subsequent months depending upon the gravity offense.

4. Limitations

a. No female inmate shall be subjected to any disciplinary punishment which might

affect her unborn or nursing child;

b. No infirmed or handicapped inmate shall be meted out punishment which might

effect his health or physical well-being;

c. Corporal punishment, confinement in the ill-ventilated cells and any form of cruel,
in usually, in human, or degrading punishment are absolutely prohibited;

d. Whenever the penalty of extra-fatigue duty or solitary confinement imposed may

effect the heath of the offender, he shall be made to undergo medical examination to
determine his physical fitness to serve his punishment; and

e. The jail physician shall visit the prisoners undergoing punishment when necessary
and shall advise the warden if he commends the termination of the punishment on
grounds of physical and mental health.

Instruments of restraint such as handcuffs, leg iron and straits jackets are not to be
applied as a form of punishment. They shall only be used as a precaution against
escape and on medical grounds to prevent an offender from injuring himself or
others.

Breaches of discipline shall be handled w/o anger or emotionalism and decisions

executed firmly and justly.

As a general rule, every violation of discipline shall be dealt with accordingly. In

extreme cases where the violation necessitates immediate action, the Warden or the
Officer of the Day may administer the necessary restraints and report the action
taken to the Disciplinary board.

Hearing of Disciplinary Cases

The following procedures shall be followed in the hearing of disciplinary

cases:
a. The aggrieved offender shall inform any member of the
custodial force of the violation; the ladder in turn, officially reports the
matter to the Desk Officer. If one of the jail employees knows the
violation committed by the offender, a brief description of the
circumstances surroundings or leading to the reported violation and all
facts relative to the case shall be made;
Page 44 of 45

b. The Desk Officer shall simultaneously inform the

Warden/Station/Sub-station Commander, as the case may be, and
shall immediately cause the investigation. He shall submit to the
Warden his report together with his recommendations;
c. The Warden shall evaluate the report and if he believes that
there is no sufficient evidence to support the alleged violation, he shall
dismiss the case. If he believes there exist sufficient evidence, he
shall decide the case and impose the necessary penalty in case of
minor violations. If the case less grave or grave, he shall endorse it to
the Board for hearing or decide it himself as a Summary Disciplinary
Officer if there is no Disciplinary Board;
d. The offender shall be confronted to the reported violation and
asked how be pleads to the charge. If he admits the violation or
pleads quality, the Board shall impose the corresponding punishment;
e. If the offender denies the charge, the hearing shall commence
with the presentation of evidence and other witness by the Desk
Officer. The offender shall then by given the opportunity to defend
himself by his testimony and those of his witnesses, if any, and to
present other evidences to proven this innocence;
f. After the hearing, the Board shall decide the case on the merits;
g. Whether the offender is found quality or not, he should be
advised to obey the rules and regulations strictly and reminded that
the good behavior is indispensable for his early release and/or the
granting of privileges; and
h. Decisions of the Board/Summary Disciplinary Officer are subject
to review and approval by the Warden and or the higher authority. The
offenders may request a review of the findings of the Board/Summary
Disciplinary Officer and the property of the penalty to the Central
Office, BJMP whose decision shall be final.

TIME ALLOWANCE FOR GOOD CONDUCT AND LOYALTY

SECTION 1. Who may grant Good Conduct Time Allowance (GCTA)

– The Director may grant a GCTA to an inmate who displays good behavior
and who has no record of breach of discipline or violation of prison rules and
regulations.

SECTION 2. Effects of GCTA – The Good conduct or behavior of an

inmate shall entitle him to the following deduction from the period of his
sentence:

a. During the first two(2) years of his imprisonment, he shall be allowed a

deduction of five (5) days for each month of good behavior;
b. During the third to fifth year years, inclusive, of his imprisonment, he
shall be allowed a deduction of eight (8) days for each month of good
behavior;
c. During the following years until the tenth year, inclusive, of his
imprisonment, he shall be allowed a deduction of ten (10) days for
each month of good behavior; and
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d. During the eleventh and successive years of his imprisonment, he

shall be allowed a deduction of fifteen (15) days for each month of
good behavior.
SECTION 3. Computation of GCTA – Calendar months and years are
considered reference to sentences and time served, while thirty (30) days constitute
a month in computing GCTA credits.

SECTION 4. GCTA of a detainee – A detainee shall only b granted GCTA if

he voluntarily offers in writing to perform such labor as may be assigned to him. In
such case, the credit he may receive shall be deducted from sentence as may be
imposed upon him if he is convicted.

SECTION 5. GCTA of a life termer – An inmate sentenced to life

imprisonment shall not be granted GCTA while his sentence is on appeal.

SECTION 6. Revocation of GCTA – GCTA once granted shall not be revoked

without just cause.

SECTION 7. Restoration of GCTA – The GCTA which an inmate is deprived

of because of misconduct may be restored at the discretion of the Director upon the
recommendation of the Superintendent.

SECTION 8. Special time allowance for loyalty – A deduction of one-fifth (1/5)

of the period of his sentence shall be granted to an inmate who, after evading the
service of his sentence on the occasion of a disorder resulting from a conflagration,
earthquake, explosion, or similar catastrophe, or during a mutiny on which he has not
participated, gives himself up voluntarily to the authorities within forty-eight (48) hours
following the issuance of a proclamation announcing the passing away of such a
calamity.