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CORRECTION

INSTITUTIONAL CORRECTION
Penology
Greek term – PIONE – Penalty
Latin word - “POENA”- Pain or Suffering.
Latin word– PENO – Punishment
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.
Penology is otherwise known as Penal Science. It is actually a division of criminology
concerned with the philosophy and practice of society to repress criminal activities.
Traditional penologist stood for the policy of inflicting punishment on the offenders
as a consequence of their wrongdoing.
Penal Management
Refers to the manner or practice of managing or controlling places of confinement as
in jails or prisons.
Punishment- - is the infliction or imposition of a penalty as retribution for an offense.
"The penalty inflicted".
- it is the redress that the state takes against an offending
Retaliation (Personal Vengeance) – the earliest remedy for a wrong act to any one (in
the primitive society). The concept of personal revenge by the victim’s family or tribe
against the family or tribe of the offender, hence “blood feuds” was accepted in the
early primitive societies.
Fines and Punishment – Customs has exerted effort and great force among
primitive societies. The acceptance of vengeance in the form of payment (cattle,
food, personal services, etc.) became accepted as dictated by tribal traditions.
Correction
A. A branch of the CJS concerned with the custody, supervision and rehabilitation
of the convicted offenders.
B. Is that field of criminal justice administration which utilizes the body of
knowledge and practices of the government and the society in general
involving the processes of handling individuals who have been convicted of
offense for purposes of crime prevention and control.
Correction as a process is the reorientation of the criminal offender to prevent him
or her from repeating his delinquent actions without the necessity of taking
punitive action but rather introduction of individual measures of reformation.
Correctional Administration- The study and practice of a systematic management
of Jails or Prison and other Institution concerned with the custody, treatment, and
rehabilitation of criminal offenders.
Correctional Psychology- That aspect of forensic psychology which is concerned
with the diagnosis and classification of offenders, the treatment of correctional
populations, and the rehabilitation of inmates and other law violators
Theories of Punishment
RETRIBUTION – An eye for an eye philosophy of justice
-It generally requires harsh punishment
Just Deserts -philosophy of punishments, implying that offenders get what they
deserve
-Emphasizes the idea of penal censure of defendant. Sees the punishment as being
proportional to the seriousness of the crime.
DETERRENCE – The theory of punishment which envisages that potential offenders
will refrain from committing crimes out of fear of punishment
Ancient Forms of Punishment:
1. Death Penalty – affected by burning, beheading, hanging, and pillory and other
forms of medieval executions.
2. Physical Torture – Barbaric forms of inflicting pain. ex. Mutilation, Whipping.
3. Social Degradation – Putting the offender into shame or humiliation.
4. Banishment or Exile – The sending or putting away of an offender which was
carried out either by prohibition against coming into a specified territory such
as an Island to where the offender has been removed.
5. Other similar forms of punishment like transportation and slavery.
Method of Punishment
Branding - (Stigmatizing) - is the process by which a mark is burned into the skin of
a living person.
Flogging - is the act of methodically beating or whipping the human body.
Mutilation - (maiming) - is the act of physical injury that degrades the appearance
or function of any living body usually without causing death.
Burning, beheading, Payment to the victim, Exile/banishment, Public Humiliation -
Shame punishment
Early Forms of Prison Discipline:
1. Hard Labor – Productive works.
2. Deprivation – Deprivation of everything except the bare essential of existence.
3. Monotony – Giving the same food that is “off diet”, or requiring the prisoners to
perform drab or boring daily routine.
4. Uniformity – “We treat the prisoner alike”. “The fault of one is the fault of all”.
5. Mass Movement – Mass living in the cellblocks, mass eating, mass recreation,
mass bathing.
6. Degradation – uttering insulting words or languages on the part of prisoners to
degrade or break the confidence of prisoners.
7. Corporal Punishment – Imposing brutal punishment or employing physical force
to intimidate a delinquent inmate.
8. Isolation or solitary confinement – Non- communication, limited news. “ The
lone Wolf’.
Contemporary Forms of Punishment:
1. Imprisonment – putting the offender in prison for the purpose of protecting
the public against criminal activities and at the same time rehabilitating the
prisoners by requiring them to undergo institutional treatment programs.
2. Parole – a conditional release of a prisoner after serving part of his/her
sentence in prison for the purpose of gradually re-introducing him/her to free
life under the guidance and supervision of a parole officer.
3. Probation – a disposition whereby a defendant after conviction of an offense,
the penalty of which does not exceed six years imprisonment, is released
subject to the conditions imposed by the releasing court and under the
supervision of a probation officer.
4. Fine – an amount given as a compensation for a criminal act.
5. Destierro – the penalty of banishing a person from the place where he
committed a crime, prohibiting him to get near or enter the 25-kilometer
perimeter.
Justifications of Punishment
1. Retribution – The punishment should be provided by the state whose sanction is
violated; to afford the society or the individual the opportunity of imposing
upon the offender suitable punishment as might be enforced. Offenders should
be punished because they deserve it.
2. Expiation or Atonement – It is punishment in the form of group vengeance
where the purpose is to appease the offended public or group.
3. Deterrence – Punishment gives lesson to the offender by showing to others
what would happen to them if they violate the law. Punishment is imposed to
warn potential offenders that they cannot afford to do what the offender has
done.
4. Incapacitation and Protection – The public will protect, if the offender has being
held conditioning where he cannot harm others especially the public.
Punishment is effective by placing offenders in prison so that society will be
ensured from further criminal depredations of criminals.
5. Reformation or Rehabilitation – It is the establishment of the usefulness and
responsibility of the offender. Society’s interest can be better served by helping
the prisoner to become law abiding citizen and productive upon his return to
the community by requiring him to undergo intensive program of rehabilitation
in prison.
Penalty – Is defined as the suffering inflicted by the state against an offending member
for the transgression of Law.
Juridical Conditions of penalty:
Punishment must be:
1. Productive of Suffering –Affecting the integrity of the human personality.
2. Commensurate with the offense – Different crimes must be punished with different
penalties (Art. 205, RPC).
3. Personal – The guilty one must be the one to be punished, no proxy.
4. Legal – The consequences must be in accordance with the law.
5. Equal – Equal for all person.
6. Certain – No one must escape its effects.
7. Correctional – Changes the attitudes of offenders and become law-abiding citizens.
Duration of Penalties:
1. Death Penalty – Capital punishment
2. Reclusion Perpetua – An imprisonment of 20 yrs and 1 day to 40 yrs imprisonment.
3. Reclusion Temporal – an imprisonment of 12yrs and 1day to 20yrs imprisonment.
4. Prison Correctional – 6 months and 1days to 6yrs.
5. Arresto Mayor – 1month and 1day to 6 months. 6. Arresto Menor – 1 day to 30
days.
Three “Revolutions” in the History of Corrections
Age of reformation – replaced corporal punishment, exile, and physical
disfigurement with the penitentiary.
Age of rehabilitation – assumed that criminals were handicapped persons
suffering from mental or emotional deficiencies. Under this, individual therapy
aimed at healing these personal maladjustments, became the preferred style.
Age of reintegration – society becomes the “patient” as well as the offender.
Much more emphasis is placed on the pressure exerted on the offender by the
social groups to which he belongs and on the society which regulates his
opportunities to achieve his goals.

History of Corrections
Twelve Tables of Wood- (451-450 BC)- represented the earliest codification of
Roman Law. The influence by the Twelve Tables extended to the 6th century AD
when they were largely incorporated into the Justinian Code.
Benefits of Clergy- provided an escape from severe punishment of members of
clergy such as ordained clerk, moves and nuns by subjecting them to the
jurisdiction of ecclesiastical courts
Securing Sanctuary- in the 13th century, a criminal could avoid punishment by
claiming refugee in a church, for a period of forty (40) days at the end of which
time he was compelled to leave the realm by a road or part assigned to him.
Ordeal- was the church’s substitute for a trial until the 13th century, where in
guilt or innocence was determined by the availability of the accused to come
unscratched through dangerous and painful tests.
The Holy Inquisition- a general label for a succession of Roman Catholic
tribunals changed with the detection and punishment of heresy. Inquisition
proper did not begin until 1215 AD when the Lateran council decided that the
used of torture was appropriate which was supplemented by an extensive
system of informers and detailed records kept of every element in
proceedings.
St. Bridget’s Well- England’s first Houses of Corrections, 1557
Hulks- were abandoned or unusable transport ships, which were converted
into prisons as a means of relieving prison congestion when transported system
was abandoned in rivers or harbors and were also known as “floating wells”.
Panoptican Prison- a type of prison conceived by Bentham which would
consist of large circular building of case irons and glass containing multi- tiered
cells round the periphery.
Cat-O’ nine- tails- a lash of none knotted hongs of raw hide attached to a solid handle
used in the administration of flogging which was the most popular methods of
corporal punishment in the 18th century.
Bridewell- the term applied to houses of corrections which were used for locking –up,
employing and beggars prostitutes and other misfits. These were built around the
acceptance of the value of regular work and the formation of “habits of industry”.
1576- English Parliamentary passed a law calling for each county to build its own
Bridewell.
1703- Pope Clement XI built Hospicio de San Michelle in Rome designed for
incorrigible youths under 20 years of age, and which was the first home for delinquent
boys ever established.

Important Personalities:
William Penn ( America ). He included in his legislation for Pennsylvania that
imprisonment shall be the prescribed punishment for criminals; that all prisons shall
be workhouses for felons, vagrants, and idle persons, and that each county shall build
one. The colony of the New Plymouth provided for the erection of House of Correction
for the confinement of Quakers.
George Fox (17th century, England ). He founded the so-called “Quakers”, known as
the Society of Friends, a church known for pacifism, humanitarian and emphasis on
inner quiet, which was persecuted for its rejection of organized churches.
- JOHN HOWARD – identified as the Great Prison Reformer and author of “The
State of Prisons in England
- John Howard. “Father of Prisons Reform”.
Visited every Jail and prison in Jurisdiction.
a. Documented conditions in the State of Prison in England – 1777
b. Lead to formation several prisons societies
c. Also led to Penitentiary Act of 1779 – Intended to make prisons:
– Safe and sanitary, Operate with out fees, Impose regimen of reform, Be
Systematically inspected
VICOMTE JEAN JACQUES PHILIPPE VILLAIN XIV – Father of Modern Penitentiary
Science and founder of the House of Correction in Ghent, Belgium
1. Manuel Montesimos – He was the Director of Prisons at Valencia, Spain in
1838, who divided prisoners into companies and appointed prisoners as petty
officers in charge; allowed the reduction of the inmates’ sentences by one third
(1/3) for good behavior; offered trade training to prepare the convicts for return to
society.
2. Domets(Demetz) of France – Established an agricultural colony for delinquent
boys in 1839, providing house fathers as in charge of these boys. He concentrated
on re-education; upon their discharge, the boys were placed under the supervision
of a patron.
3. Alexander Maconochie – As Superintendent of the Penal Colony at Norfolk
Island in Australia in 1848, he introduced a progressive humane system to
substitute for corporal punishment known as the “Mark System” wherein a
prisoner was required to earn a number of marks based upon proper department,
labor, and study in order to entitle him to a ticket of leave or conditional release
which is similar to parole.
Alexander Maconochie. He is considered as one of the father of modern penology.
4. Sir Walter Crofton – He was the Director of the Irish Prisons in 1854, who
introduced the Irish system which was later called the progressive stage system.
The Irish system was actually a modification of Maconochie’s system, and
consisted of four stages:
(1) Solitary confinement or prisoners for nine months, receiving reduced diet and
monotonous work, gradually progressing to a better treatment toward the end of
the first stage,
(2) Assignment to public works in association with other convicts,
(3) Sending to a place which was a sort of preparation for release where the
prisoner worked without custodial supervision, exposing him to ordinary
temptations of freedom, and finally
(4) Release of the prisoner on supervision under conditions equivalent to parole.
5. Zebulon R. Brockway (1827-1920). He was the director of the Elmira
Reformatory in New York, 1876. He introduced a certain innovational programs like
the following, training school type, compulsory education of prisoners, caseworks
method, extensive use of parole, indeterminate sentence.
Regarded as the father of prison reform in the United States.
• Believed that the primary reason to have a prisoner in custody was to
rehabilitate and not simply to punish. Warden at the Elmira reformatory from
1876 to 1900.
6. Sir Evelyn Ruggles Brise – He was the director of English Prisons who opened
the Borstal Institution after visiting Elmira Reformatory in 1897. Such Borstal
Institutions today are considered as the best reform institutions for young
offenders. This system was based entirely on the individualized treatment.
Other Personalities
PETER RENTZEL – established a workhouse in Hamburg at his own expense(1669)
because he had observed that thieves and prostitutes were made worse instead of
better by pillory and he hoped that they might improve by work and religious
instruction in a work house.
DOMETS of FRANCE – established an agricultural colony for delinquent boys
THOMAS ALVA EDISON – discovered the electric chair
Elmira Reformatory Movement
Elmira and the American Reformatory System – The Elmira Reformatory, New
York, a person constructed like typical Auburn Prison, was opened in 1876,
with Zebulon R. Brockway as the first superintendent. The reformatories
housed youthful offenders between ages sixteen (16) and thirty (30) and were
first offenders. Under this program:
1. A new prisoner was classified as second grade,
2. Promoted to first grade after six months of good behavior,
3. Another six months of good behavior in the first grade qualified him for
parole. However, if the prisoner committed misconduct, he was demoted to
third grade where he was required to show good behavior for one month
before he could be reclassified to second grade.
The is considered as the forerunner of modern penology because it had all the
elements of a modern correctional system, among which were a training
school type, that is, compulsory education, casework method, and extensive
use of parole based on the indeterminate sentence.
OTHERS:
Devil's island - French penal colony from 1852 to 1959 where political prisoners are
exiled.
Robben island - A prison complex located at the coast of Cape town south Africa
which serve as a refugee camp for people afflicted with leper before converted into a
prison.
Magna Carta - England's historic document which states that no man could be
imprisoned without trial.
Port Arthur - located in Tasmania, Australia, is a penal colony which is the destination
for the hardest English prisoner during the middle of the 19th century.
Auburn System - A penal method of the 19th century in which persons worked during
the day and were kept in solitary confinement at night and silence enforced at all
times.
Elmira correctional facility - The first reformatory prison.
Notable elements of Auburn system- a. stripped uniform; b. lockstep; c. silence
Auburn correctional facility - the site of the first execution by electric chair in 1890.
Pennsylvania system - penal method based on the principle that solitary confinement
fosters penitence and courage's reformation. Superseded by the Auburn system.
Separate system - is a form of prison management based on the principle of keeping
prisoners in solitary confinement.
The three executive departments of the government .(Implementation)
1.DOJ - manages the national prisoners
2. DILG - manages inmates who are undergoing investigation, awaiting or
undergoing trial, awaiting final judgment and those who are convicted by
imprisonment of up to three (3) years
3. DSWD - manages sentenced youth offenders.
DEPARTMENT OF JUSTCE (DOJ)
A. Bureau of Corrections (BUCOR) - with a principal task of the rehabilitation
of prisoners so they can become useful members of society upon
completion of their service of sentence.
B. Board of Pardons and Parole (BPP) - recommends to the President the
prisoners who are qualified for parole, pardon or other forms of executive
clemency in the form of reprieve, commutation of sentence, conditional
pardon and absolute pardon.
C. Parole and Probations Administration (PPA) -conducts post-sentence
investigation of petitioners for probation as referred by the courts, as well
as pre-parole/pre-executive clemency investigation to determine the
suitability of the offender to be reintegrated in the community instead of
serving their sentence inside an institution or prison; exercises general
supervision over all parolees and probationers and promotes the correction
and rehabilitation of offenders outside the prison institution.
DEPARTMENT INTERIOR LOCAL GOVERNMENT (DILG) (R.A. 6975
ACT OF 1990)
A. Bureau of Jail Management and Penology (BJMP) has
jurisdiction over all municipal, city and district jails nationwide.
B. Provincial Local Government Unit operates all provincial jails.
C. Philippine National Police (PNP) likewise maintains detention
facilities in its different police stations nationwide.
DEPARTMENT OF SOCIAL WELFARE AND DEVELOPMENT (DSWD)
Operates Regional Rehabilitation Centers and assumes responsibility for
the restorative part of the correction system by maintaining centers
for the care and restoration of youth and women who are in conflict
with the law.

BUREAU OF JAIL MANAGEMENT & PENOLOGY


LEGAL MANDATE
The Bureau of Jail Management and Penology came into existence
pursuant to Section 60, RA 6975, which took effect on 02 January 1991.
This is an upgraded version of its forerunner, the Office of Jail
Management and Penology of the defunct PC/INP. As mandated by law,
the BJMP shall operate under the reorganized Department of the
Interior and Local Government as line Bureau.
Oplan Greyhound
- unannounced inspection and religious conduct of searches of inmates’ quarters to
flush out contraband and other deadly weapons and to ensure the safety and
security of inmates, visitors and personnel.
Oplan Decongestion
-the release of inmates/prisoners through the implementation of applicable laws.
Escort Procedure
For court appearance: 2:1
Two(2) guards by one inmate(1)
Distance of guards from inmates:
A guard shall keep a distance of not less than ten (10) paces from his charge.
Institutional Programs
1. Inmate work program
2. Health care
3. education and skills training
4. Recreation and Sports
5. Religious guidance and behavior modification using the therapeutic community
approach.
Prison reform - is the attempt to improve conditions inside prisons and aiming a a
more effective penal system.
Rehabilitation - it came from latin word "habilis" literally fit or suitable. Its meaning
was expanded to mean "restore to sound operation" or "to establish the good
reputation".
Halfway house - also called recovery house or sober house - is a place to allow people
to begin the process of reintegration with society while still providing monitoring and
support; this is generally believed to reduce the risk of recidivism or relapse when
compared to a release directly into society.
Solitary confinement - is a special form of imprisonment in which a prisoner is isolated
from any human contact, though often with the exception of members of prison staff.

Carpeta -refers to the institutional record of an inmate which consists of his


mittimus/commitment order, the prosecutor’s information and the decision of the
trial court, including that the appellate court, if any.
Prison record- refers to information concerning an inmate’s personal circumstances,
the offense he committed, the sentence imposed, the criminal case numbers in the
trial and appellate courts, the date he commenced service of his sentence, the date he
was received for confinement, the place of confinement, the date of expiration of his
sentence, the number of previous convictions, if any, and his behaviour or conduct
while in prison.
Distinction of Jail and Prison
JAIL PRISON

1. A place of detention; a place 1. A place of long term


where a person convicted or confinement for those
suspected of a crime is convicted of serious crimes.
detained. 2. Bureau of Corrections
2. BJMP 3. DOJ
3. DILG 4. Holds people convicted of
4. Holds people awaiting trial crimes; sentenced for a longer
and people sentenced for a term.
short duration.
Reception and Diagnostic Center-
Reception and Diagnostic Center in every prison which shall receive; study and
classify inmates and detainees committed to the Bureau.
Quarantine
Upon admission in the Reception and Diagnostic Center, an inmate shall be
placed in quarantine for at least five (5) days during which he shall be –
1. given a physical examination to determine any physical illness or
handicap or mental ailment and to segregate those suspected of having an
infectious or contagious disease. If found sick, the inmate shall be
immediately confined in the prison hospital;
2. oriented with prison rules; and
3. interviewed by a counsellor, social worker or other program staff
officers. The interview shall be conducted in private.
Admission Process
After registration the inmate shall be photograph front and side view,
fingerprint and assigned a permanent prison number, the male inmate shall
then be given a regulation haircut and his beard mustache if any, shall be
shaven off.
Color of Uniform as to security classification
The color of the uniform of an inmate shall be based on his security classification,
as follows:
• Maximum security – tangerine/Orange
• Medium security – blue
• Minimum security – brown
• Detainee – gray,

Classification of inmates as to entitlement to privileges


1. Detainee;
2. Third Class inmate – one who has either been previously committed for three
(3) or more times as a sentenced inmate, except/those imprisoned for non-
payment of a fine and those who had been reduced from a higher class;
3. Second Class inmate – a newly arrived inmate; an inmate demoted from first
class; or one promoted from the third class;
4. First Class inmate – one whose known character and credit for work while in
detention earned assignment to this class upon commencement of sentence; or
one who has been promoted from the second class;
5. Colonist.
Colonist
The Director may, upon the recommendation of the Classification Board, classify
an inmate who has the following qualifications as a colonist:
a. Be at least a first class inmate and has served one (1) year immediately
preceding the completion of the period specified in the following qualifications;
b. Has served imprisonment with good conduct for a period equivalent to one fifth
(1/5) of the maximum term of his prison sentence, or seven (7) years in the case of
a life sentence.
Prison Labor
Prison labor of finally convicted inmate. – A finally convicted able-bodied inmate
may be required to work at least eight (8) hours a day, except on Sundays and legal
holidays, in and about the prison, public buildings, grounds, roads, and other
public works of the national government.
Place of work assignment – Only medium and minimum security inmates may
assigned to work in agricultural field projects within a prison reservation.
Maximum security inmates shall not be allowed to work outside the maximum
security compound.
Work programs shall be conducted in prison to promote good work habits and
self-esteem among inmates and not as a means to exploit cheap prison labor or as
a punishment for deviant behavior.
Compensation Credits
Inmate compensation. – Six (6) months after being permanently assigned to
work in prison, an inmate may receive compensation credits at rates to be
prescribed by the Director, provided:
a. He maintains good conduct; and
b. He shows interest and a definite degree of progress in the particular work
assigned to him.

Compensation earned, how applied. – the whole or part of the compensation


credits earned by an inmate may be forfeited and applied to the payment of
supplies and equipment lost or damaged resulting from the inmate’s
misconduct or wilful negligence. One-half (1/2) of said earnings may be utilized
by the inmate to purchase some of his needs. The remainder shall be withheld,
to be paid to him upon release only. In exceptional cases, however, upon
satisfactory showing of a necessity for withdrawal, the Director or the
Superintendent may authorize the disbursement of any part of the amount
retained.
Time allowance for Good Conduct and Loyalty
Effects of GCTA – The good conduct or behaviour of an inmate shall entitle him to
the following dedications 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 behaviour;
b. During the third to the fifth years, inclusive, of his imprisonment, he shall be
allowed a deduction of eight (8) days for each month of good behaviour;
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 behaviour;
and
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 behaviour.
Time allowance for Good Conduct and Loyalty
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 in which he has not
participated, gives himself up voluntarily to the authorities within forty-eight (48)
hours following the issuance of a proclamation on announcing the passing away of
such calamity.
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 headgear, 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 whoa re 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.
Classification of Sentenced Prisoners
1. Insular Prisoner – is a person who is sentenced to serve a prison term of (over)
three (3) years or to pay a fine or more than one thousand pesos (1,000.00) or both
fine and imprisonment.
2. Provincial Prisoners- one who is sentenced to a prison term of six months and one day
to three years.
3. City Prisoner – is a person who is sentenced to serve imprisonment for not
more than three (3) years or to pay a fine of not more than one thousand pesos
(P1, 000.00), or both fine and imprisonment.
4. Municipal Prisoner – is a person who is sentenced to serve imprisonment for
not more than six (6) months.
Classification of Prisoners according to Degree of Custody or Security
1. Super Maximum Security Prisoners- – this is a special group of prisoners
composed of incorrigibles, intractable, and dangerous persons who are so
difficult to manage that they are the source of constant disturbance even
in a maximum-security institution
2. Maximum Security Prisoners- – thus consists of Chronic troublemakers
but not as dangerous as the super security prisoners
3. Medium Security Prisoners- these are the prisoners who may be allowed to
work outside the fence of the institution under guard escorts. Generally,
they are employed as agricultural.
4. Minimum Security prisoners- this group belongs the prisoners who can
already be trusted to report to their places of work assignments without the
presence of guards. They are free to move around subject only to curfew
houses during the night time.
PHILIPPINE PRISON SYSTEM
A. National Prison/Insular Prison
1. Bureau of Prisons/Corrections-Muntinlupa City Rizal
a. NBP- Maximum Security Prison
b. Camp Sampaguita- Medium Security Prison
c. Camp Bukang Liwayway- Minimum Security Prison
LT GEORGE M WOLFE- Director, 1904 – 1910, First Bureau of Prison Director
Old Bilibid Prison
- Old Prison is located at Oroqieta, Manila, and Constructed in 1847 by virtue of Royal
Decree of the Spanish Crown.
- Pursuant to Sec.1708 of the Revised Administrative Code.
- Constructed in a radical Spokes of a wheel form and made strong adobe stones:
Formally opened by a Royal Decree in 1865.
- Used today as Manila City Jail.
- Famous name of its name as “ May Haligue Estate”.
The New Bilibid Prison
- Commonwealth Act No. 67; 1935; November 15, 1940 -transfer; January 22, 1941;
name new bilibid prison; 587 hectares ; shop became a trademark for fine
workmanship of furniture made by prisoners.
BUCOR-Bureau of Prison BJMP
Reorganization Act of 1905 Created by pursuant to Sec. 20,
created under Dept. of commerce. RA No. 6975
Nov. 1,1905 January 2, 1991
Administrative Code of 1987 and
Proclamation No. 495 issued on
November 22, 1989. Change the
agencies' name to Bureau of
Corrections from Bureau of Prisons.

Under DOJ Under DILG


LEILA M. DE LIMA Mar Roxas
Secretary of Justice Secretary of DILG
For securing sentence of having a For detention of having a short
sentence of 3 years 1 day to life sentence of 3 years and below.
imprisonment
1. San Ramon Prison and Penal Farm
- Established on August 21, 1869 in San Ramon, Zamboanga del Sur. For the
confinement of political offenders.
- Was named after its founder Ramon Blanco, a Spanish captain in the Royal Army.
- It has an area capacity of 1,542.61 hectares.
- It houses maximum, medium and minimum custody types of prisoners.
- Has an average population of 1,200 prisoners.
- The principal product is ´copra, which is one of the biggest sources of income of the
Bureau of Prison. It also produce rice, corn, coffee, cattle and livestock.
• The San Ramon Prison and Penal Farm
- This penal farm was designed for agro-industrial activities
- This prison and penal farm formerly administered separately from that of the Old
Bilibid, was closed in 1898 during the Spanish-American War.
- San Ramon Prison and Penal Farm which was closed as a result of the war was re-
opened by virtue of the approval of the Reorganization Act No. 1407 of November
1, 1905 which created the Bureau of Prisons.
- The Bilibid Prison and the San Ramon prison and Penal Farm became the nucleus of
the present Philippine Prison System.
- General John J. Pershing was the Governor of Mindanao and Sulu, in 1912, he
renovated the penal farm.
2. The Iwahig Penal Colony
- Establish in Sta. Lucia, Palawan on November 16, 1904.
-Foreman R.J. Shields, with sixteen prisoners left the Bilibid Prison by order of
Governor Forbes, who was the Secretary of Commerce and Police, to establish the
Colony in Palawan.
-Today, they enjoy 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, without walls of stones and guns.
- It has an area of 36,000 hectares and an average population of 4,000 prisoners.
The Iwahig Penal Colony
Americans(1904); Iuhit penal settlement ; Reorganization Act No. 1407 ; November 1,
1905 ; minimum custody ; 41,007 hectares by virtue of Executive Order No. 67
issued by Governor Newton Gilbert on October 15, 1912.
The colony is divided into four sub-colonies, namely; Central Sub-colony, Sta. Lucia
Sub-colony, Inagawan Sub-colony and Montible Sub-colony. Each sub-colony operates
as a small institution under the charge of a Penal Supervisor.
The colony administers the Tagumpay Settlement. The settlement is a 1,000 hectares
portion of the colony which was sub-divided into 6 hectares homestead lots are
distributed to released inmates who desire to live in the settlement.
3. The Correctional Institution for Women
- Act. 3579 previously passed on Nov. 27, 1929
- In February 14, 1931, the Correctional Institution for women
was established on an 18-hectare piece of land in
Mandaluyong to segregate the women form men prisoners.
- 1934, date of creation for the position for a female
superintendent
- Correctional Institution for Women enjoys the privilege of
being a separate institution under the Bureau of Prisons with
separate budgetary outlay and necessary personnel.
- Conduct vocational courses in dressmaking, beauty culture,
handicrafts, cloth weaving and slipper making.
- Ramon Victoria, first Director of CIW
- Elizabeth Fry-first woman to advocate the rights of the
women inmates.
- Smallest penal colony
4. Davao Penal Colony
- Banana is the major product
- established on January 21, 1932 in accordance with Act. No. 3732 and
Proclamation No. 414, series of 1931.
- General Paulino Santos, its founder then Director of Prisons.
- The original purpose of this colony was to ease congestion in the Bilibid Prison
and to stop the Japanese expansion in Davao.
- The area consists of 18,000 hectares mostly devoted to abaca industry.
- In 1942 this colony was used as concentration for American War prisoners and the
Japanese devastated the colony, destroying its buildings, arms, machineries and
industries.
- In August 1946, it was reestablished to its former productive activity by slow
reconstruction.
- It is now the main source of income of the Bureau from its vast abaca, rice and
other industries.
- The colony has the potential of producing rice which will meet the whole bureau
in rice.
- The colony is divided into three sub- colonies namely ,the Panabo sub- colony, the
Kapalong sub- colony, and the Nafco sub colony. Each sub colony is headed by the
Penal Supervisor .
5.Sablayan Penal Colony
- President issued a Proclamation No. 72,declaring that some hectares of the
virgin Island in Sablayan, Occidental Mindoro is for the Sablayan Penal
Colony.
- September 27, 1954
- Director Alfredo M Bunye persuaded the Secretary of Justice to make the
President agree to the establishment of a new colony.(Sablayan)
- enjoys the reputation of being the youngest and fastest growing colony
under this Bureau
- Rice is the principal product of this colony
- 16,403.5 hectares
- This institution is an open or minimum security type of institution.
- It also raises vegetables, not only for the use of the colony, but also for the
inmates of the New
Bilibid Prison
Sub-colonies
Central sub-colony 3. Pasugui sub-colony
1. Pusog sub-colony 4. Yapang sub-colony
6. Leyte Prison and Penal Farm
- Established on January 16, 1973 during the martial
law period with the aim of regionalizing prisons
throughout the country.
- Proclamation No. 1101 issued on January 16, 1973.
- It was located in Abuyog, Leyte.
- This institution is very similar to the other prison and
penal farm.
Note:
• The oldest Prison in the Philippines is the
Fort Santiago in Manila.
• The NBP Reservation houses the BuCor headquarters
The Reception and Diagnostic Center (RDC)
This is the office where newly arrived prisoners is processed and evaluated.
Before a prisoners is admitted to the operating institution, he must stay at the
RDC for 60 days where he will undergo staff interviews, examination,
documentation and initial classification, this is known as diagnostic examination.
FOUR SEPARATE BUT COORDINATED PROCEDURES OF CLASSIFICATION
DIAGNOSIS
1. DIAGNOSIS – the prisoners’ case history is taken and his personality studied.
Through examination and observations, the RDC’s staff determines the nature
and extent of the person’s criminality and the extent to which he may be
rehabilitated.
2. TREATMENT PLANNING – this is the formulation of a tentative treatment
program best suited to the needs and interest of an individual prisoner, based
on the findings of the RDC’s staff.
3. EXECUTION OF TREATMENT PROGRAM - this is in the application of the
treatment program and policies by the classification committee.
4. RE-CLASSIFICATION – the treatment program is kept current with the inmates
changing needs and with new analysis, based on any information not available
at the time of the initial classification committee meeting of the inmate’s case,
which continues from the time of the first classification until the inmates is
released.
ADMISSION PROCEDURE IN PRISON
1. RECEIVING – The new prisoner is received either in the center (RDC) or in prison,
but later on transferred to the center.
2. CHECKING COMMITMENT PAPERS – The receiving checks the commitment papers if
they are in order, that is, if it contains the signature of the judge of the signature of
the clerk of court and seal of the court.
3. ESTABLISHING IDENTITY OF THE PRISONER – The prisoner’s identity is established
through the picture and the fingerprint of the prisoner appearing on the
commitment order.
4. SEARCHING THE PRISONER – This step involves the frisking of the prisoner and
searching of his personal things.
5. ASSIGNMENT OF QUARTERS – The new prisoner is then sent to the quarantines until
where he spends five days.(5days)
The Institutionalized Treatment Programs
1. Prison Education – the cornerstone of rehabilitation. It is the process or result of
formal training in school or classrooms intended to shape the mind and attitude of
prisoners towards good living upon their release.
2. Classes of Prison Education:
a. General and Academic Education – the objective of which is to eradicate illiteracy
among prisoners. This could be the best contribution of correctional system can
offer to society.
b. Vocational Education – the purpose of which is to provide prisoners necessary skills
for successful works in a socially acceptable occupation after their release.
c. Physical Education – designed for those who have physical disabilities.
d. Work Programs – these are programs conducive to change behavior in
morale by training prisoners for a useful occupation. It is purposely to
eliminate idleness on the part of prisoners, which may contribute to “Prison
stupor”, and it affects the incidence of prison riot.
Classification of Prison Work Programs
1. Educational Assignments – prisoners maybe assigned to either general
education, vocational or physical education.
2. Maintenance Assignments – the assignment involves labor related to care
and up keeping of the institution properties.
3. Agricultural a
d. Work Programs – these are programs conducive to change behavior in
morale by training prisoners for a useful occupation. It is purposely to
eliminate idleness on the part of prisoners, which may contribute to
“Prison stupor”, and it affects the incidence of prison riot.
nd Industrial Assignments
4. Unassignable – prisoners who are nearly to leave the institution, awaiting
transfer, those in disciplinary status, and those who are chronically ill with
mental disabilities are considered unassignable prisoners. Prisoners over 60
years of age may be excused from hard work.
5. Religious Services in Prison – the purpose of this program is to change the
attitudes of inmates by inculcating religious values or belief.
6. Recreational Program – the only program that is conducted during free time
REPUBLIC ACT NO. 10575
AN ACT STRENGTHENING THE BUREAU OF CORRECTIONS (BUCOR) AND
PROVIDING FUNDS THEREFOR:
This Act shall be known as “The Bureau of Corrections Act of 2013″
Approved: MAY 24 2013
The Mandates of the Bureau of Corrections
The BuCor shall be in charge of safekeeping and instituting reformation
programs to national inmates sentenced to more than three (3) years.
(a) Safekeeping of National Inmates – The safekeeping of inmates shall include
decent provision of quarters, food, water and clothing in compliance with
established United Nations standards. The security of the inmates shall be
undertaken by the Custodial Force consisting of Corrections Officers with a
ranking system and salary grades similar to its counterpart in the BJMP.
(b) Reformation of National Inmates – The reformation programs, which will
be instituted by the BuCor for the inmates, shall be the following:
(1) Moral and Spiritual Program;
(2) Education and Training Program;
(3) Work and Livelihood Program;
(4) Sports and Recreation Program;
(5) Health and Welfare Program; and
(6) Behavior Modification Program, to include Therapeutic Community.

(c) The reformation programs shall be undertaken by Professional


Reformation Personnel consisting of Corrections Technical Officers with
ranking system and salary grades similar to Corrections Officers.
(1) Corrections Technical Officers are personnel employed in the
implementation of reformation programs and those personnel
whose nature of work requires proximate or direct contact with
inmates.
(2) Corrections Technical Officers include priests, evangelists, pastors,
teachers, instructors, professors, vocational placement officers,
librarians, guidance counselors, physicians, nurses, medical
technologists, pharmacists, dentists, therapists, psychologists,
psychiatrists, sociologists, social workers, engineers, electricians,
agriculturists, veterinarians, lawyers and similar professional skills
relevant to the implementation of inmate reformation programs.
CORRECTION

NON INSTITUTIONAL CORRECTOIN


Board of Pardons and Parole - was created pursuant to Act No. 4103, as amended.
It is the intent of the law to uplift and redeem valuable human material to
economic usefulness and to prevent unnecessary
and excessive deprivation of personal liberty.
Functions
1. To grant parole to qualified prisoners;
2. To recommend to the President the grant of pardon and other forms of
executive clemency;
3. To authorize the transfer of residence of parolees anD pardonees, order their
arrest and recommitment, or grant their final release and discharge.
Basis for Grant of Parole
1. The prisoner is fit to be released;
2. There is a reasonable probability that, if released, he or she will live and
remain at liberty without violating the law; and
3. His or her release will not be incompatible with the welfare of society.
How May Executive Clemency Be Exercised?
1. Reprieve
2. Absolute pardon
3. Conditional pardon
4. Commutation of sentence.
Commutation – refers to the reduction of the duration of a
prison sentence of a prisoner.

Commutation Allowed When:


1. person is over 70 years old
2. 8 justices fail to reach a decision affirming the
death penalty

Absolute Pardon - An act of grace, proceeding from the power


entrusted with the execution of the laws, Exempts the individual
from the penalty of the crime he has committed.
Conditional Pardon - If delivered and accepted, it is a contract
between the executive and the convict that the former will
release the latter upon compliance with the condition.

Example of a condition:
Not to violate any of the penal laws of the country again.

Reprieve - refers to the deferment of the implementation of


the sentence for an interval of time; it does not annul the
sentence but merely postpones or suspends its execution
Basis for Grant of Executive Clemency
The BPP recommends to the President the grant of executive clemency when any of
the following circumstances are present:
1. The trial or appellate court recommended in its decision the grant of executive
clemency for the prisoner
2. Under the peculiar circumstances of the case, the penalty imposed is too harsh
compared to the crime committed
3. Offender qualifies as a youth offender at the time of the commission of the
offence
4. Prisoner is seventy years old and above;
5. Prisoner is terminally-ill;
6. Alien prisoners where diplomatic considerations and amity among nations
necessitate review and
7. Other similar or analogous circumstances whenever the interest of justice will be
served thereby
When Applications for Executive Clemency will not Be Favourably Acted Upon by
The Board of Pardon and Parole
1. Convicted of evasion of service of sentence;
2. Who violated the conditions of their conditional pardon;
3. Who are habitual delinquents or recidivists;
4. Convicted of kidnapping for ransom;
5. Convicted of violation of the Dangerous Drugs Act of 1972 and the
Comprehensive Dangerous Drugs Act of 2002;
6. Convicted of offences committed under the influence of drugs
7. Whose release from prison may constitute a danger to society
Issues Confronting The Philippine Corrections System
1. Overcrowding of Certain Prison Institutions/Jails
2. Fragmented Set-Up of the Corrections System
3. Lack of Information Technology Systems and Expertise
4. Lack of/Inadequate Training - lack of awareness and
understanding by some prison/jail officials and staff on
the rights of inmates.

Petitions for parole shall be addressed to the Chairman or to


the Executive Director of the Board. However, the Board may,
motu proprio , consider cases for parole, commutation of
sentence or conditional pardon of deserving prisoners whenever
the interest of justice will be served thereby.
Minimum Requirements A Prisoner Must Meet Before Petitions for
executive clemency may be reviewed.

For Commutation of Sentence

1. The prisoner shall have served at least one-third (1/3) of the minimum
of his indeterminate and/or definite sentence or the aggregate minimum of his
indeterminate and/or definite sentences.
2. At least ten (10) years for prisoners sentenced to Reclusion Perpetua or
Life imprisonment for crimes or offenses committed before January 1, 1994.
3. At least twelve (12) years for prisoners whose sentences were adjusted
to a definite prison term of forty (40) years in accordance with the provisions of
Article 70 of the Revised Penal Code, as amended.
4. At least fifteen (15) years for prisoners convicted of heinous crimes as
defined in Republic Act No. 7659 and other special laws committed on or after
January 1, 1994 and sentenced to one or more Reclusion Perpetua or Life
imprisonment.
5. At least twenty (20) years in case of one (1) or more Death
penalty/penalties, which was/were automatically reduced or commuted to one
(1) or more Reclusion Perpetua or Life imprisonment.
For Conditional Pardon
The prisoner shall have served at least one-half (1/2) of the minimum of his
original indeterminate and/or definite sentence. However, in the case of a prisoner
who is convicted of a heinous crime as defined in Republic Act No. 7659 and other
special laws, he shall have served at least one-half (1/2) of the maximum of his
original indeterminate sentence before his case may be reviewed for conditional
pardon.

For Absolute Pardon


After he has served his maximum sentence or granted final release
and discharge or court termination of probation. However, the Board may consider
a petition for absolute pardon even before the grant of final release and discharge
under the provisions of Section 6 of Act No. 4103, as amended, as when the
petitioner: (1) is seeking an appointive/elective public position or reinstatement in
the government service; (2) needs medical treatment abroad which is not available
locally; (3) will take any government examination; or (4) is emigrating.
Prisoners who escaped or evaded service of sentence are not eligible for
executive clemency for a period of one (1) year from the date of their last
recommitment to prison or conviction for evasion of service of sentence.
Bureau of Correction - Where the penalty imposed exceeds three years,
the offender shall serve his or her sentence in the penal institutions
of the BuCor.

Carpeta - refers to the institutional record of an inmate which consists of his


mittimus or commitment order issued by the Court after conviction, the
prosecutor's information and the decisions of the trial court and the appellate
court, if any; certificate of non-appeal, certificate of detention and other
pertinent documents of the case. District Jail - is a cluster of small jails, each
having a monthly average population of ten or less inmates, and is located in
the vicinity of the court.

Jail - is defined as a place of confinement for inmates under investigation or


undergoing trial, or serving short-term sentences.
Jails include provincial, district, city and municipal jails managed and supervised by
the Provincial Government and the Bureau of Jail Management and Penology
(BJMP), respectively, which are both under the Department of the Interior and
Local Government. Municipal and city prisoners are committed to municipal, city
or district jails managed by the BJMP.
Prison - refers to the national prisons or penitentiaries managed and supervised
by the Bureau of Corrections, an agency under the Department of Justice.
- prison refers to the national prisons or penitentiaries managed and
supervised by the Bureau of Corrections, an agency under the Department of
Justice.
Provincial Jail - Where the imposable penalty for the crime committed is more
than six months and the same was committed within the municipality, the
offender must serve his or her sentence in the provincial jail which is under the
Office of the Governor.

Executive Clemency - refers to Reprieve, Absolute Pardon, Conditional Pardon with


or without Parole Conditions and Commutation of Sentence as may be granted by
the President of the Philippines.

Indeterminate Sentence Law

The indeterminate sentence is composed of:


1. a MAXIMUM taken from the penalty imposable under the penal code
2. a MINIMUM taken from the penalty next lower to that fixed in the code.
The law does not apply to certain offenders:
1. Persons convicted of offense punished with death penalty or life
imprisonment.
2. Those convicted of treason, conspiracy or proposal to commit treason.
3. Those convicted of misprision of treason, rebellion, sedition or espionage.
4. Those convicted of piracy.
5. Those who are habitual delinquents.
6. Those who shall have escaped from confinement or evaded sentence.
7. Those who violated the terms of conditional pardon granted to them by the
Chief Executive.
8. Those whose maximum term of imprisonment does not exceed one year.
9. Those who, upon the approval of the law, had been sentenced by final
judgment.
10. Those sentenced to the penalty of destierro or suspension.
Purpose of the law: to uplift and redeem valuable human material and prevent
unnecessary and excessive deprivation of liberty and economic usefulness
- It is necessary to consider the criminal first as an individual, and second as a
member of the society.
- The law is intended to favor the defendant, particularly to shorten his term of
imprisonment, depending upon his behavior and his physical, mental and moral
record as a prisoner, to be determined by the Board of Indeterminate Sentence.
The settled practice is to give the accused the benefit of the law even in crimes
punishable with death or life imprisonment provided the resulting penalty, after
considering the attending circumstances, is reclusion temporal or less.
ISL does not apply to destierro. ISL is expressly granted to those who are sentenced
to imprisonment exceeding 1 year.

Procedure For Determining The Maximum and Minimum Sentence


- It consists of a maximum and a minimum instead of a single fixed penalty.
- Prisoner must serve the minimum before he is eligible for parole.
- The period between the minimum and maximum is indeterminate in the sense
that the prisoner may be exempted from serving said indeterminate period in
whole or in part.
- The maximum is determined in any case punishable under the RPC in accordance
with the rules and provisions of said code exactly as if the ISL had never been
enacted.
- Apply first the effect of privileged mitigating circumstances then consider the
effects of aggravating and ordinary mitigating circumstances.
- The minimum depends upon the court’s discretion with the limitation that it must
be within the range of the penalty next lower in degree to that prescribed by the
Code for the offense committed.
Parole – The suspension of the sentence of the convict after serving
the minimum term of the intermediate penalty, without being granted a
pardon, prescribing the terms upon which the sentence shall be suspended.
- May be given after the prisoner has served the minimum penalty; is granted
by the Board of Pardons and Parole under the provisions of the Indeterminate
Sentence Law.
Disqualification for Parole - The following prisoners shall not be granted parole
1. Those convicted of an offense punished with Death penalty, Reclusion Perpetua or
Life imprisonment;
2. Those convicted of treason, conspiracy or proposal to commit treason or
espionage;
3. Those convicted of misprision of treason, rebellion, sedition or coup d'etat;
4. Those convicted of piracy or mutiny on the high seas or Philippine waters;
5. Those who are habitual delinquents i.e. those who, within a period of ten (10)
years from the date of release from prison or last conviction of the crimes of
serious or less serious physical injuries, robbery, theft, estafa and falsification, are
found guilty of any of said crimes a third time or oftener;
6. Those who escaped from confinement or evaded sentence;
7. Those who were granted Conditional Pardon and violated any of the terms
thereof;
8. Those whose maximum term of imprisonment does not exceed one (1) year or those
with definite sentence;
9. Those suffering from any mental disorder as certified by a government
psychiatrist/psychologist;
10.Those whose conviction is on appeal;
11.Those who have pending criminal case/s.
Special Factors - The Board may give special consideration to the recommendation for
commutation of sentence or conditional pardon whenever any of the following
circumstances are present
1. Youthful offenders;
2. Prisoners who are sixty (60) years old and above;
3. Physical disability such as when the prisoner is bedridden, a deaf mute, a leper, a
cripple or is blind or similar disabilities;
4. Serious illness and other life-threatening disease as certified by a government
physician;
5. Those prisoners recommended for the grant of executive clemency by the
trial/appellate court as stated in the decision;
6. Alien prisoners where diplomatic considerations and amity between nations necessitate
review;
7. Circumstances which show that his continued imprisonment will be inhuman or will pose
a grave danger to the life of the prisoner or his co-inmates; and,
8. Such other similar or analogous circumstances whenever the interest of justice will be
served thereby.
Probation - is a disposition under which an accused, after conviction and sentence, is
released subject to conditions imposed by the court and to the supervision of a
probation officer.
Progress Report - refers to the report submitted by the
Probation and Parole Officer on the conduct of the
parolee/pardonee while under supervision.
Infraction Report - refers to the report submitted by the
Probation and Parole Officer on violations committed by a
parolee/pardonee of the conditions of his release on parole or
conditional pardon while under supervision.
Summary Report - refers to the final report submitted by the
Probation and Parole Officer on his supervision of a
parolee/pardonee as basis for the latter's final release
and discharge.

Sentence - in law, is the penalty imposed by the court in a criminal case against a
person, known as the “accused”, who is found guilty of committing the crime
charged.

Youth Offender - is defined as a child, minor or youth who is over nine years but under
eighteen years of age at the time of the commission of the offense.

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