VICTIMOLOGY

THE STUDY OF CRIME VICTIMS

VICTIMILOGY
 Victimology is a term first coined for a specialty within the
field of criminology. In recent times, victimology has come to
embrace a wide array of professional disciplines working with
victims.
 Current research has been helpful in identifying risk factors
related to victimization, without blaming the victims
BACKGROUND
 Robert Reiff once said, the problems of crime alwaays get
reduced to “What can be done about criminals?” Nobody
asks, “What can be done about victims?”
 The consequences of crime vary from one indivdidual to
another. Crime can involve financial loss, property damage,
physical injury and death. Less obvious but more devastating
are the psychological wounds left in the wake of victimization,
wounds that may never heal.
 In an attempt to prevent victimization, individuals may move,
restrict their daily activities, or purchase expensive security
measures. The government in apprehending and punishing
offenders, is extending billions of money and man hours.
BACKGROUND
 Crime victims could be key actors in the criminal justice
process, but more often they are kept at the periphery. Crime
victims are the “forgotten person” of the criminal justice
system while the criminal is the superstar.
 Victims are only valued for their capacity to report crimes and
to appear in court as witnesses
INTRODUCING VICTIMOLOGY
 Victimology, or the study of victimization, is a field of scientific
endeavor that took off as a separate discipline round.
 It was pioneered by the German criminologist VON HENTIG
and criminal law scholar BENJAMIN MENDELSOHN,
fathers of the study of victimology.
VON HENTIG
 In 1941, Von Hentig publsihed an article with the title
“Remarks on the Interaction between Perpetrator and
Victim”.
 Later he published “The Criminal and his Victim”, a
criminological textbook in which he devoted a chapter to the
victim. He treated the victim as one of the participants in a
crime. Victims were classified according to the nature of their
involvement in the criminal act.
BENJAMIN MENDELSOHN
 In 1947, Mendelsohn presented a paper in French at a
congress in Bucharest in which he coined the term
victimology.
 Like Von Hentig, he drew attention to the part played by
victims in precipitating crimes of violence, for example
through provocation. For Mendelsohn, a defense counsel,
victim precipitation was a mitigating circumstance in meting
out punishment for the offender.
BLAMING THE VICTIM
 The most important political criticism leveled against this type
of victimology is that it provides arguments for blaming
victims for their fate.
 For the pioneers in victimology, offenders and victims are
equally deserving of humanitarian concerns. Since concern
for the offenders does not conflict with concern for the victim
there is every reason to preserve this tradition.
THE WORLD SOCIETY OF
VICTIMOLOGY
 Victimology as institutionalized by the WSV, may be defined
as :
the scientific study of the extent, nature and causes of
ciminal victimization, its consequences for the persons
involved and the reactions thereto by the society, in particular
the police and the criminal justice system as well as voluntary
workers and professional helpers.
In terms of UN Declaration:
 Victims means persons who, individually or collectively, have
suffered harm, including physical or mental injury, emotional
suffering, economic loss, or substantial impairment of their
fundamental rights, through acts or omissions that are in
violation of criminal laws, including those prescribing abuse
of powe
One commonality has come to
apply to virtually all usages of the
term victim:
 That an individual has suffered injury and harm by forces
beyond his or her control, and not of his or her personal
responsibility.
 The frequent and diverse use of the term “victim” – both in
conversation and in print – has changed the way people think
of victims today.
ACCEPTED MEANING OF THE
TERM “VICTIM”
 Someone who is put to death or subjected to torture or
suffering by another
 A living creature slain and offered as sacrifice to a deity or as
part of a religious sacrifice
 Anyone who is harmed by or made to suffer from an act,
circumstance, circumstance agency or condition: victims of
war.
 A person who suffers injury, loss, or death as a result of a
voluntary undertaking:a victim of his own scheming.
 Person who is tricked, swindled, or taken advantage of dupe.
For the purposes of crime victims’
rights and services, the legal
definition of “victim” typically
includes the following:
 A person who has suffered direct, or threatened, physical,
emotional or pecuniary harm as a result of the commission of
a crime including:
1. In the case of a victim who is under 18 years of age,
incompetent, incapacitated or deceased
2. In the case of a victim that is an institutional entity, or an
authorized representative of the entity.
STUDY OF VICTIMOLOGY
 Andrew Karmen broadly defined victimology: “the scientific
study of victimization, including the relationships between
victims and offenders, the interactions between victims and
the criminal justice system – that is, the police and courts,
and correction officials – and the connections between
victims and other societal groups and institutions, such as the
media, businesses and social movements
GENERAL CLASSES OF
VICTIMS (Hans Von Hentig)
1. The Young – weak by virtue of age and immaturity
2. The female – often less physically powerful and easily
dominated by males
3. The old – incapable of physical defense and the common
object of confidence scheme
4. The mentally defective – unable to think clearly
5. The immigrant – those who are unsure of the rules of
conduct in the surrounding society
6. The minorities – racial prejudice may lead to victimization
or unequal treatment by the agency of justice
 PSYCHOLOGICAL TYPES OF
VICTIMS
1. The depressed – those submissive by virtue of emotional condition
2. The acquisitive or greedy – the value or act of wanting more propels
such indiviuduals into victimization
3. The wanton or overly sensual – ruled by passion and thoughtlessly
seeking pleasure
4. The lonesome – similar to the acqusitive type of victim, by virtue of
wanting companionship or affection
5. The heartbroken – those emotionally disturbed by virtue of heartaches
and pain
6. The tormentor – the type of victim who asked for it, often from his own
family or friends.
 Other types of Victims (Benjamin
Mendelsohn)
1. The coompletely innocent victim – such a person is an ideal victim in a
popular perception. In this category placed persons victimized while
they were unconscious, and the child victims.
2. Victims with only minor guilt and those victimized due to ignorance
3. The victim who is just as guilty as the offender and the voluntary victim.
Suicide cases are common to this category
4. The victim guiltier than the offender – this category was described as
containing persons who provoked the criminal and actively induced
their own victimization
Other types of Victims (Benjamin
Mendelsohn)
5. The most guilty victm “who is guilty alone” – an attacker
killed by a would be victim in the act of defending themselves
were placed into this category
6. The imaginary victim – those suffering from mental
disorders, or those victims due to extreme mental
abnormalities
DYNAMICS OF VICTIMIZATION
There are number of procedural models that can be applied to
the study of victimization process for the purpose of
understanding the victim experience and undergoes during
and following victimization. Among these models are:
VICTIMS OF CRIME MODEL by
Bard and Sangrey
 Stage of impact and disorganization – during and
immediately following the criminal event
 Stage of recoil – during which the victim formulates
psychological defenses and deals with conflicting emotions of
guilt, anger, acceptance and defense of revenge (said to last
3 – 8 months)
 Reorganization stage – during which the victim puts his or
her life back to normal daily living. Some victims however
may not succesfully adopt the victimization experience and
maladaptive reorganization stage many last for years
DISASTER VICTIM’S MODEL
 This model was developed to explain the coping behavior of
victims of natural disaster.
1. Pre- impact stage – describe the state of the victim prior to
being victimized
2. Impact – stage at which victimization occur
3. Post impact stage – entails the degree and duration of
personal and social disorganization following victimization
4. Behavioral outcome – which describes the victim’s
adjustment to the victimization experience
RESPONSE TO VICTIMIZATION
 The contemporary study of the characteristic of crime victims
has tended to focus on identifying risk factors in order to
better understand the phenomena without attributing blame
to the victims.
 Research indicates that there is a host of individual,
situational and community level factors that increase risk of
crime victimization.
 Individuals can be described in terms of their
sociodemographic characteristics. These are encapsulated in
the acronym S.A.U.C.E.R

SOCIO-DEMOGRAPHIC CHARACTERISTICS
 S-ex – male or female
 A-ge – young, middle aged, or elderly
 U-rban – urban or rural
 C-lass – socioeconomic class
 E-thnicity – racial characteristics
 R-elgion – religious preference
 sex- - with exception of sexual assault and domestic violence,
men have higher risk of assault than women. Lifetime risk of
homicide is 3 – 4 times higher for men than women
 age – adolescents have substantially higher rates of assault than
young adults or older. Survey indicates that 12-19 year olds are 2
or 3 times as likely as those over 20 to become victims of
personal crime each year. 62% percent of all forcible rape cases
occurred when the victim was under 18 years of age.
 Urban – crime and victimization is mostly an urban problem.
Urban areas have a dangerous amount of transience and
disorgaization
 Class – violence disproportionately affects those from lower
socioeconomic class
 Ethnicity – racial and ethnic minorities have higher rates of
assault than other people.
 Religion – certainn religious groups tend to be regulary
persecuted and over represented in hate crime statistics
CORRECTIONAL
ADMINISTRATION
(Institutional and Community Based Corrections)
 DEFINITION OF TERMS
PENOLOGY – study of punishment of crime or of criminal offenders. It
includes the study of control and prevention of crime through
punishment of criminal offenders.
- The term derived from the Latin word “poena” which means pain or
suffering. Penology is otherwise known as Penal Science.

PENAL MANAGEMENT – refers to the manner or practice of managing

or controlling places of confinement as jails or prisons.

CORRECTION – a branch of the Criminal Justice System concerned

with the custody, supervision and rehabilitation of criminal offenders.

CORRECTIONAL ADMINISTRATION – the study and practice of a

system management of jails or prisons and other institution
concerned with the custody, treatment and rehabilitation of criminal
offenders.
HISTORICAL PERSPECTIVE ON CORRECTIONS

13TH Century – Securing Sanctuary

In the 13th century a criminal could avoid punishment by claiming refugee
in a church for a period of 40 days, at the end of which time he is
compelled to leave the realm by a road or path assigned to him. In
england at about 1468, torture as a form of punishment became prevalent

16th Century – Transportation of criminals in England was authorized. At

the end of the 16th century Russia and other European countries followed
this system. It partially relieved overcrowding of prisons. Transportation
was abandoned in 1826.

17th Century to late 18th Century – Death penalty became prevalent as a

form of punishment.
GAOLS (jails) were common. These are pretrial detentiob facilities
operated by English Sheriff.
GALLEYS
- long, low, narrow, single decked ships propelled
by sails, usually rowed by criminals.
- a type of ship used for transportation of
criminals in the 16th century

HULKS
- decrepit transport, former warships used to
house prisoners in the 18th and 19th century.
- abandoned warships converted into prisons,
also called “floating hells”.
COMPENSATION OF WRONG
ACTS
 Retaliation (personal vengeance) – earliest remedy for a
wrong act to anyone. The concept of personal revenge by the
victim’s family or tribe against the family or tribe of offender,
hence “blood feuds”

 Fines and punishment – acceptance of vengeance in the

form of payment (cattle, food, personal services)
PRIMARY SCHOOLS OF PENOLOGY

1. Classical School – the doctrine of

psychological hedonism or freewill.

2. Neo-Classical School – children and lunatics

must be free from punishment.

3. Positivist/Italian School – denied individual

responsibility and reflected on positive
reactions to crime and criminality.
EARLY CODES

Three main legal systems in the world according to chronological order:

1. Roman
2. Mohammedan or Arabic
3. Anglo-american laws
among the three, Roman law has the most lasting and most pervading
influence
Babylonian and Sumerian Codes
1. Code of Hammurabi (1760 B.C.) – oldest code prescribing savage
punishment, but Sumerian was nearly 100 years older
2. Justinian Code – written by Emperor Justinian of Rome in 6th
C.A.D.
3. The Twelve Tables (XII Tabulae) – represented the earliest
codification of Roman law incorporated into the Justinian Code. It
is the foundation of all public and private law of the Romans until
the time of Justinian.
4. Code of Draco – a harsh code that provides the same punishment
for both citizens and the slaves

5. Burgundian Code – specified punishment according to the social

class of offenders.

6. The secular laws

4th A.D. – Secular laws were advocated by Christian philosophers who
recognizes the need for justice. Some of the proponents these laws
were St. Augustine and St. Thomas Aquinas. During this period, 3
laws were distinguished: External law (Lex Externa), Natural law (Lex
Naturalis), Human Law (Lex Humana)

In the Philippines

1. Code of Kalantiao – promulgated in 1433 by Datu Kalantiao

2. Maragtas Code – by Datu Sumakwel

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

2. Bridewell Workhouse – built in 1557 in London for the

employment and housing of English prisoners.

3. Wallnut Street Jail – first American Penitentiary

THE AGE OF ENLIGHTENMENT
- 18th century is a century of change, the period of recognizing human
dignity.

PIONEERS:
1. William Penn (1614-1718)
- first leader to prescribe imprisonment as correctional treatment for
major offenders.
- responsible for the abolition of death penalty and torture as a form of
punishment, fought for religious freedom

2. Charles Montesquieu (1689-1755)

- a French historian and philosopher who analyzed law as an expression of
justice; believe that harsh punishment would undermine morality

3. Voltaire (1694-1778)
- he believes that fear of shame was a deterrent to crime; most versatile of
all philosophers

4. Cesare Bonesana Marchese de Beccaria (1737-1794)

- presented the humanistic goal of law.
5. Jeremy Bentham (1746-1832)
- the greatest leader in the reform of English Criminal Law. He
believes that whatever punishment designed to negate whatever
pleasure or gain the criminal derives from crime, the crime rate would
go down.
- the one who devise the ultimate PANOPTICAL PRISON
6. John Howard (1726-1790)
- Sheriff of Bedfordshire in 1773 who devoted his life and fortune to
prison reform. He recommended:
a. single cells for sleeping
b. segregation of women
c. segregation of youth
d. provision of sanitation facilities
e. abolition of fee system
REFORMATORY MOVEMENT
 Alexander Maconochie – superintendent of the Penal Colony at
Norfolk Island in Australia who introduced the Mark System. His
progressive move was noted when convicts after good behavior
were given marks and after accumulating the required number, a
ticket to leave was issued to him. He was considered the “father of
modern penology”.

 Manuel Montesinos – director of prisons in Valencia Spain;

organized prisoners into companies and appointed a petty officer in
charge

 Domets of France - established an agricultural colony for male

offenders and confined in cottages with an appointed house fathers
to supervise them. It focused on re-education rather than imposition
of punishment
 Sir Evelyn Ruggles Brise – Director of English Prison who opened
the Borstal Institution for young offenders, the best reformatory
institution for young offenders

 Walter Crofton – Director of the Irish Prison in 1854 who introduced

the Irish System that was modified from Maconochie’s mark system

 introduced the progressive stage system. It is implemented in 3

distinct stages aimed to lessen the period of imprisonment of
convicts. The first stage would entail solitary confinement for 9
months; the second was assignment to work and third is for
preparation for release

 Zebulon Brockway – director of Elmira Reformatory which is

considered forerunner of modern penology; introduced innovational
programs like training school type, compulsary education, casework,
extensive use of parole and indeterminate sentence
PUNISHMENT
- it is the redress that the state takes against an offending member
of society that usually involve pain and suffering.

ANCIENT FORMS:
1. Death Penalty – burning, beheading, hanging, breaking at the
wheels and pillory
2. Physical Torture – maiming, mutilation, whipping
3. Social Degradation – shame or public humiliation
4. Banishment or Exile – sending or putting away of an offender which
was carried out either by prohibition against coming into a
specified territory such as an island
5. Transportation and Slavery
 EARLY FORMS OF PRISON
DISCIPLINE
 Hard labor – productive works
 Deprivation – deprivation of everything except the essentials of existence
 Monotony – giving the same food that is “off diet” or requiring the prisoners
to perform drab or boring daily routine
 Uniformity – “we treat the prisoners alike”, the fault of one is fault of all
 Mass movement – mass living in cell blocks, mass eating, mass recreation,
mass bathing
 Degredation – uttering insulting words or languages on the part of prison
staff to the prisoners to degrade or break the confidence of prisoners
 Corporal punishment – brutal punishment or physical force
 isolation or solitary confinement – the lone wolf
 CONTEMPORARY FORMS OF PUNISHMENT

1. Imprisonment – putting the offender in prison for the purpose of

protecting the public against criminal activities
2. Parole – conditional release of a prisoner after serving part of his
or her sentence in prison
3. Probation – disposition whereby a defendant after conviction of an
offense, the penalty of whose does not exceed six years
imprisonment, is released subject to the conditions imposed by
the court and under supervision of probation officer
4. Fine – amount given as a compensation for crriminal act
5. Destierro – penalty of banishing a person from the place where he
committed a crime, prohibiting him to get near or enter the 25-km
perimeter
 JUSTIFICATIONS OF
PUNISHMENT
1. Retribution – punishment should be provided by the state whose
sanction is violated; offenders should be punished because they
deserve it
2. Expiation or Atonement – punishment in the form of group
vengeance to appease the offended public or group
3. Deterrence – gives lesson to the offender by showing to others
what would happen if they violate the law
4. Incapacitation and Protection – public will be protected if the
offender has being held in conditions where he cannot harm
othet]rs
5. Reformation or rehabilitation of behavior – establishment of the
usefulness and responsibility of the offender
 TWO RIVAL PRISON SYSTEM

A. The Auburn Prison System

- “Congregate System” where prisoners are confined in their own
cells during the night and congregate work in shops during the
day.

B. The Pennsylvania Prison System

- “Solitary System” where prisoners are confined in single cells day
and night

> In both prison system, complete silence was being enforced.

 INSTITUTIONAL
CORRECTIONS IN THE
PHILIPPINES
Bureau of Corrections
History
Operating Units
• During the pre-colonial times, the informal
prison system was community-based, as there
were no national penitentiaries to speak of.
Natives who defied or violated the local laws
were meted appropriate penalties by the local
chieftains. Incarceration in the community was
only meant to prevent the culprit from further
harming the local residents.

Pre-Colonial and Spanish

Regimes
• The formal prison system in the Philippines started
only during the Spanish regime, where an organized
corrective service was made operational. Established
in 1847 pursuant to Section 1708 of the Revised
Administrative Code and formally opened by Royal
Decree in 1865, the Old Bilibid Prison was
constructed as the main penitentiary on Oroquieta
Street, Manila and designed to house the prison
population of the country. This prison became known
as the “Carcel y Presidio Correccional” and could
accommodate 1,127 prisoners.

Pre-Colonial and Spanish

Regimes
• The Carcel was designed to house 600 prisoners
who were segregated according to class, sex and
crime while the Presidio could accommodate 527
prisoners. Plans for the construction of the prison
were first published on September 12, 1859 but it
was not until April 10, 1866 that the entire
facility was completed.

Pre-Colonial and Spanish

Regimes
• The prison occupied a quadrangular piece of land 180 meters
long on each side, which was formerly a part of the
Mayhalique Estate in the heart of Manila. It housed a building
for the offices and quarters of the prison warden, and 15
buildings or departments for prisoners that were arranged in a
radial way to form spokes. The central tower formed the hub.
Under this tower was the chapel. There were four cell-houses
for the isolated prisoners and four isolated buildings located on
the four corners of the walls, which served as kitchen, hospital
and stores. The prison was divided in the middle by a thick
wall. One-half of the enclosed space was assigned to Presidio
prisoners and the other half to Carcel prisoners.

Pre-Colonial and Spanish

Regimes
 •
In 1908, concrete modern 200-bed capacity hospitals as well
as new dormitories for the prisoners were added. A carpentry
shop was organized within the confines of the facility. For
sometime the shop became a trademark for fine workmanship of
furniture made by prisoners. At this time, sales of handicrafts
were done through the institutions and inmates were
compensated depending on the availability of funds. As a
consequence, inmates often had to sell through the retail or
barter their products.

On August 21, 1869, the San Ramon Prison and Penal Farm
in Zamboanga City was established to confine Muslim rebels
and recalcitrant political prisoners opposed to the Spanish rule.
The facility, which faced the Jolo sea had Spanish-inspired
dormitories and was originally set on a 1,414-hectare sprawling
estate.
•
• When the Americans took over in the 1900s, the Bureau
of Prisons was created under the Reorganization Act of
1905 (Act No. 1407 dated November 1, 1905) as an
agency under the Department of Commerce and Police.
• It also paved the way for the re-establishment of San
Ramon Prison in 1907 which was destroyed during the
Spanish-American War. On January 1, 1915, the San
Ramon Prison was placed under the auspices of the
Bureau of Prisons and started receiving prisoners from
Mindanao.

The American and

Commonwealt Government
• Before the reconstruction of San Ramon Prison, the Americans
established in 1904 the Iuhit penal settlement (now Iwahig Prison and
Penal Farm) on a vast reservation of 28,072 hectares. It would reach a
total land area of 40,000 hectares in the late 1950s. Located on the
westernmost part of the archipelago far from the main town to confine
incorrigibles with little hope of rehabilitation, the area was expanded to
41,007 hectares by virtue of Executive Order No. 67 issued by Governor
Newton Gilbert on October 15, 1912.
• Other penal colonies were established during the American regime.
On November 27, 1929, the Correctional Institution for Women (CIW)
was created under Act No. 3579 to provide separate facilities for women
offenders while the Davao Penal Colony in Southern Mindanao was
opened in 1932 under Act No. 3732.
The American and
Commonwealt Government
• After World War II, there was a surplus of steel matting
in the inventory and it was used to improve the security
fences of the prison. A death chamber was constructed in
1941 at the rear area of the camp when the mode of
execution was through electrocution. In the late ‘60s,
fences were further reinforced with concrete slabs. The
original institution became the maximum security
compound in the 70s and continues to be so up to present,
housing not only death convicts and inmates sentenced to
life terms, but also those with numerous pending cases,
multiple convictions and sentences of more than 20 years.

Developments after
World War II
• In the 1980s, the height of the concrete wall was increased and
another facility was constructed, 2.5 kilometers from the main
building. This became known as Camp Sampaguita or the
Medium Security Camp, which was used as a military stockade
during the martial law years and the Minimum Security Camp,
whose first site was christened “Bukang Liwayway”. Later on,
this was transferred to another site within the reservation where
the former depot was situated.
• Under Proclamation No. 72 issued on September 26, 1954,
the Sablayan Prison and Penal Farm in Occidental Mindoro was
established. In The Leyte Regional Prison followed suit under
Proclamation No. 1101 issued on January 16, 1973.

Developments after
World War II
• FORT BONIFACIO PRISON: A committee
report submitted to then President Carlos P. Garcia
described Fort Bonifacio, formerly known as Fort
William McKinley, as a military reservation located in
Makati, which was established after the Americans
came to the Philippines. The prison was originally
used as a detention center for offenders of US military
laws and ordinances.

Non-Operational National
Prisons
Fort Bonifacio Prison
• After the liberation of the Philippines, the reservation
was transferred to the Philippine government, which
instructed the Bureau of Prisons to use the facility for
the confinement of maximum security prisoners. For
several years, incorrigibles were mixed with political
prisoners (those convicted of rebellion) at the Fort
Bonifacio facility until June 30, 1968, when it was
converted into a prison exclusively for political
offenders. After a bloody April 1969 riot at the
Muntinlupa facility, however, incorrigible prisoners
from Muntinlupa were transferred to Fort Bonifacio.

Non-Operational National
Prisons
 During the administration of President Diosdado
Macapagal, the Fort was renamed Fort Andres Bonifacio.
The correctional facility was also renamed Fort
Bonifacio Prison. The one-story building now stands on
a one-hectare area.

The Fort Bonifacio Prison continued to be a satellite

prison of the national penitentiary even after martial law
was lifted. It was only in the late 1980’s that the facility
was vacated by the Bureau of Prisons.

Non-Operational National
Prisons
CORREGIDOR PRISON STOCKADE: In 1908 during
the American regime, some 100 prisoners were transferred from
the OldBilibid Prison to Corregidor Island to work under military
authorities. This move was in accordance with an order from the
Department of Instructions, which approved the transfer of
inmates so they could assist in maintenance and other operations
in the stockade.
The inmates were transported not to serve time but for prison
labor. Until the outbreak of the Second World War, inmates from
Old Bilibid Prison were regularly sent to Corregidor for labor
purposes.
When the War broke out, prisoners on Corregidor were returned
to Bilibid Prison. The island prison was never reopened.

Non-Operational National
Prisons
Corregidor prison
stockade
BONTOC PRISON: The Philippine Legislature
during the American regime passed Act No. 1876
providing for theestablishment of a prison in
Bontoc in Mountain Province. The prison was
built for the prisoners of the province
andinsular prisoners who were members of the
non-Christian tribes of Mountain Province and
Nueva Viscaya.
Bontoc prison could be reached only through
narrow, poorly developed mountain roads.

Non-Operational National
Prisons
Operating
units under
BuCOR
Transfer of Bilibid Prison
to Muntinlupa
• The increasing number of committals to the Old Bilibid Prison,
the growing urbanization of Manila and the constant lobbying
by conservative groups prompted the government to plan and
develop a new site for the national penitentiary, which was to
be on the outskirts of the urban center. Accordingly,
Commonwealth Act No. 67 was enacted, appropriating one
million (P1,000.000.00) pesos for the construction of a new
national prison in the southern suburb of Muntinlupa, Rizal in
1935. The old prison was transformed into a receiving center
and a storage facility for farm produce from the colonies. It
was later abandoned and is now under the jurisdiction of the
Public Estates Authority.

Transfer of Bilibid Prison

to Muntinlupa
• On November 15, 1940, all inmates of the Old Bilibid
Prison in Manila were transferred to the new site. The
new institution had a capacity of 3,000 prisoners and it
was officially named the New Bilibid Prison on January
22, 1941. The prison reservation has an area of 587
hectares, part of which was arable. The prison compound
proper had an area of 300 x 300 meters or a total of nine
hectares. It was surrounded by three layers of barbed
wire.

Transfer of Bilibid
Prison to Muntinlupa
New Bilibid Prison
 On January 22, 1941 the electric chair was transferred to New
Bilibid Prison. The death chamber was constructed in the rear area of the
camp when the mode of execution was through electrocution. Today, it is
a security zone where those convicted of drug offenses are held.
The NBP expanded with the construction of new security facilities.
These were the Medium Security Camp, which was used as a military
stockade during martial law and the Minimum Security Camp, whose first
site was christened Bukang Liwayway. This was transferred to another site
within the reservation where the former depot was situated.

New Bilibid Prison

Correctional institution
for women
• CORRECTIONAL INSTITUTION FOR WOMEN (CIW): In a report
dated January 22, 1959, submitted to a committee created by
Administrative Order No. 287 by the President of the Philippines, it was
noted that “before a separate building was constructed especially for
women prisoners, all female convicts were confined at the Old Bilibid
Prison on Azcarraga St., Manila. The male prisoners were confined in
dormitories near the women’s quarters. Because of these conditions,
vocational activities of the women prisoners were limited to embroidery.
When they became ill, the women were confined in a separate building
which served as a hospital with nurses and prison physicians. When
women prisoners needed surgery, they were operated on at the Bilibid
Prison. After the operation, they were transferred to the infirmary for
convalescence
Correctional institution
for women
Prison authorities were aware of the conditions that the women prisoners had to
endure. Consequently, the transfer of the women to a separate site became
inevitable. After a series of negotiations started by Prison Director Ramon
Victorio, the Philippine Legislature passed Republic Act No. 3579 in November,
1929. It authorized the transfer of all women inmates to a building in
Welfareville at Mandaluyong, Rizal and appropriated P60,000 for the move.
On February 14, 1931, the women prisoners were transferred from the Old
Bilibid Prison to the building especially constructed for them. Its old name,
“Women’s Prison, was changed to “Correctional Institution for Women.”? This
was in keeping with emerging trends in penology, which emphasized correction
rather than punishment. Convicts were brought back into the social mainstream
adjusted and rehabilitated with a better outlook in life.
CIW, according to a Senate report, occupied 18 hectares.

Correctional institution
for women
Davao Prison and Penal
Farm
The Davao Penal Colony is the first penal settlement founded and organized
under Filipino administration. The settlement, which originally had an area
of approximately 30,000 hectares in the districts of Panabo and Tagum,
Davao del Norte, was formally established on January 21, 1932 by virtue of
Act No. 3732. This Act authorized the Governor-General to lease or sell the
lands, buildings and improvements in San Ramon Prison and Iwahig Penal
Colony. It also granted authority to the Secretary of Justice to establish a new
prison and penal colony in a suitable public land. A budget of P500,000 was
allocated. Several committees were created to pick a suitable site for the enal
settlement. In accordance with the recommendation of these committees,
Governor Dwight Davis signed Proclamation No. 414 on October 7, 1931,
which reserved a site for the penal colony in Davao province in Mindandao.
The site offered ideal conditions for agricultural activities.

Davao Prison and Penal Farm

Iwahig Prison and Penal
Farm
• IWAHIG PENAL COLONY: This facility was
established during the American occupation. It was
however, during the Spanish regime that Puerto Princesa
was designated as a place where offenders sentenced to
banishment were exiled. A specific area of Puerto
Princesa was selected as the site for a correctional
facility. The American military carved out a prison
facility in the rain forest of Puerto Princesa. The
institution had for its first Superintendent Lt. George
Wolfe, a member of the U.S. expeditionary force, who
later became the first prisons director.

Iwahig Prison and Penal

Farm
• On August 16, 1959, a committee was created by President
Carlos P. Garcia to study the state of national prisons.
Accordingly, prisoners in Iwahig were divided into two
groups: the settlers and colonists. The settlers are those
engaged in farming for their own benefit; they are the ones
whose applications for land to cultivate have been approved.
The government furnishes the land and initial requirements for
tools, dwellings and beast of burden. They are required to
reimburse expenditures incurred for their maintenance and that
of their families out of the products of their farms. Upon their
release from the colony, they receive whatever amount of
money they have credited in their favor, after deducting the
obligations they have.

Iwahig Prison and Penal

Farm
• Iwahig is subdivided into four zones or districts: Central
sub-colony with an area of 14,700 hectares; Sta. Lucia
with 9,685 hectares; Montible with 8,000 hectares and
Inagawan with 13,000 hectares.

Iwahig Prison and Penal

Farm
San Ramon Prison and
Penal Farm
• SAN RAMON PRISON AND PENAL
FARM: According to historical accounts, the San
Ramon Prison was established in southern Zamboanga on
August 21,1870 through a royal decree promulgated in
1869. Established during the tenure of Governor General
Ramon Blanco (whose patron saint the prison was named
after), the facility was originally established for persons
convicted of political crimes.
• Considered the oldest penal facility in the country,
prisoners in San Ramon were required to do
agricultural work.

San Ramon Prison and

Penal Farm
• During the Spanish-American War in 1898, the prisoners in
San Ramon were hastily released and the buildings
destroyed. In 1907, the American administration re-
established the prison farm. In 1912, Gen. John Pershing,
chief executive of the Department of Mindanao and Sulu,
classified the institution as a prison and penal colony and
therein confined people sentenced by the courts under his
jurisdiction. Under Pershing’s supervision, several buildings
with a capacity for 600 prisoners were constructed. After
several years, the colony became practically self supporting,
with 75,000 coconut trees, which were planted at the beginning
of Pershing’s administration, contributing tothe colony’s self-
sufficiency. Aside from coconuts, rice, corn, papaya and other
crops were also cultivated.

San Ramon Prison and

Penal Farm
Sablayan Prison and
Penal Farm
• SABLAYAN PRISON AND PENAL FARM: Nearer to
Manila than other penal colonies, the Sablayan Penal Colony is
located in Occidental Mindoro and relatively new. Established
on September 26, 1954 by virtue of Presidential Proclamation
No. 72, the penal colony has a total land area of approximately
16,190 hectares.

• Prison records show that the first colonists and employees

arrived in Sablayan on January 15, 1955. Since then several
buildings have been constructed, including the colonists’
dormitories, employees’ quarters, guardhouse, schoolhouse,
chapel, recreation hall, and post exchange.

Sablayan Prison and

Penal Farm
• Three sub-colonies were later organized. One is a
reservation which this day remains part of a protected
rainforest. Another is in a coastal area. The third was used
by the national government as a relocation site for
refugees from the eruption of Mt. Pinatubo eruption in
1991.

• Sablayan prison is a facility where prisoners from NBP

are brought for decongestion purposes. It follows the
same colony standards as other penal farms.

Sablayan Prison and

Penal Farm
Leyte Regional Prison
• LEYTE REGIONAL PRISON: The Leyte Regional
Prison, situated in Abuyog, Southern Leyte, was
established a year after the declaration of martial law in
1972 by virtue of Presidential Decree No. 28. While its
plantilla and institutional plan were almost ideal, lack of
funds made the prison unable to realize its full potential
and its facilities are often below par compared with those
of other established penal farms.

Leyte Regional Prison

• The LRP has an inmate capacity of 500. It follows the
same agricultural format as the main correctional
program in addition to some rehabilitation activities. The
prison admits convicted offenders from Region VI and
from the national penitentiary in Muntinlupa.

Leyte Regional Prison

 BUREAU OF JAIL
MANAGEMENT AND
PENOLOGY
OVERVIEW
• As one of the five pillars of the Criminal Justice
System, the BJMP was created to address growing
concern of jail management and penology problem.
Primarily, its clients are detainees accused before a
court who are temporarily confined in such jails while
undergoing investigation, waiting final judgement and
those who are serving sentence promulgated by the
court 3 years and below. As provided for under R.A.
No. 6975, the Jail Bureau is mandated to take
operational and administrative control over all city,
district and municipal jails.
• The Bureau has four major areas of
rehabilitation program, namely: Livelihood
Projects, Educational and Vocational
Training, Recreation and Sports, and
Religious/ Spiritual Activities. These were
continuously implemented to eliminate the
offenders' pattern of criminal behaviour and
to reform them to become law-abiding and
productive citizens.
• Although the workplace of the Jail Bureau is
confined inside the portals of jail to safeguard
inmates, nonetheless, the Bureau has an
inherent function of informing the public of jail
operations and other matters concerning the
corrections pillar of the Philippines.
Coincidentally, being a new and growing
Bureau, BJMP aims to keep the public
abreast of information regarding jail
management and penology.
HISTORY
• On January 2, 1991, the Bureau of Jail Management
and Penology was created thru Republic Act 6975 as
a line Bureau under the Department of Interior and
Local Government. The Jail Bureau is the upgraded
version of its forerunner, the Office of Jail
Management and Penology of the defunct PC/INP
last headed by BRIG GEN Arsenio E. Concepcion.

• As mandated by law, the BJMP shall operate under

the reorganized Department of the Interior and
Local Government.
• On January 2, 1991, the Bureau of Jail Management
and Penology was created thru Republic Act 6975 as
a line Bureau under the Department of Interior and
Local Government. The Jail Bureau is the upgraded
version of its forerunner, the Office of Jail
Management and Penology of the defunct PC/INP
last headed by BRIG GEN Arsenio E. Concepcion.

As mandated by law, the BJMP shall operate under

the reorganized Department
of the Interior and Local Government.
 ORGANIZATION AND KEY POSITIONS
• The Bureau of Jail Management and Penology, also referred to as
the Jail Bureau, was created pursuant to Section 60 to 65, Chapter V,
RA No. 6975, and initially consisting of uniformed officers and
members of the Jail Management and Penology service as
constituted under Presidential Decree No. 765. RA 9263 provides
that the Bureau shall be headed by a Chief who is assisted by two
(2) Deputy Chiefs, one (1) for Administration and another for
Operations, and one (1) Chief of Directorial Staff, all of whom are
appointed by the President upon the recommendation of the DILG
Secretary from among the qualified officers with the rank of at least
Senior Superintendent in the BJMP. The Chief of the BJMP carries
the rank of Director and serves a tour of duty that must not exceed
four (4) years, unless extended by the President in times of war and
other national emergencies. Officers who have retired or are within
six (6) months from their compulsory retirement age are not qualified
to be appointed as Jail Director or designated as BJMP Chief.
• The second officer in command of the BJMP is the
Deputy Chief for Administration, the third officer in
command is the Deputy Chief for Operations, and the
fourth officer in command is The Chief of the
Directorial Staff, all of whom carry the rank of Chief
Superintendent. They are assisted by the Directors
of the Directorates in the National Headquarters who
carry the rank of at least Senior Superintendent.
• The BJMP operates and maintains Regional Offices in
each of the administrative regions of the country, headed
by a Regional Director for Jail Management and Penology,
with the rank of at least Senior Superintendent. The
Regional Director is assisted by an Assistant Regional
Director for Administration, Assistant Regional Director for
Operations, and Regional Chief of Directorial Staff, who are
all officers with the rank of at least Superintendent.

• The National Headquarters is the Command and Staff

Office of the BJMP, and is composed of the Command
Group, Directorates and Management Support Staff .
• REGIONAL OFFICE
• The BJMP operates and maintains Regional Offices in each
of the administrative regions of the country, headed by a
Regional Director for Jail Management and Penology, with
the rank of at least Senior Superintendent. The Regional
Director is assisted by an Assistant Regional Director for
Administration, Assistant Regional Director for Operations,
and Regional Chief of Directorial Staff, who are all officers
with the rank of at least Superintendent.

• JAIL PROVINCIAL ADMINISTRATOR'S OFFICE.

• In every province, the BJMP operates and maintains a
Provincial Jail Administrator’s Office headed by a Provincial
Administrator, to oversee the implementation of jail services
of all district, city and municipal jails within its territorial
jurisdiction.
• DISTRICT JAIL
• Within large cities or a group of clustered
municipalities, a District Jail headed by a District
Warden may be established.

• CITY AND MUNICIPAL JAILS

• The BJMP operates and maintains City and
Municipal Jails, each headed by a City or Municipal
Warden, as the case may be.
 PRINCIPLES OBSERVED GOVERNING THE
ADMINISTRATION OF PRISONERS AND
DETAINESS IN THE PHILIPPINES

• No procedure or system of correction shall deprive

any offende of the hope and the possibility of his
returned to full and responsible member of society
• Until the guilt of the suspected offender has been
established in court, he should be considered
innocent until proven, except for such restraints as
are indispensible for his confinement
• The maintenance of human dignity to which we
subscribe as well as the purpose of rehabilitation
require that the prisoner/ detainee be accorded the
generally accepted standards of humane treatment
• Preservation of health and prompt treatment of illness or
injury
• Religious beliefs and moral percepts not contrary to law
must be respected
• Members of custodial force shall set themselves as
examples
• Jail personnel should avoid the use of abusive and
offensive languange to prisoners
• Jail personnel shall not use force except in legitimate
defense
• No penalty imposed upon the detainees/prisoners for
violation of any rules or regulations except thoe duly
approved
• No inhumane, cruel and corporal punishment shall be
employed
CLASSIFICATION OF PRISONERS
1. BY SECURITY RISK
a. MAXIMUM – includes high security risk or highly
dangerous inmates and requires an extreme degree of
supervision and control
- Minimum sentence is 20 years
- Detainees or remand inmates whose sentence is 20
years and above and those under review by CA/SC
- Those with pending cases
- Escapees, recidivist or habitual delinquent
- Under safekeeping of discipilnary punishment
- Confined in the RDC
- Diagnose as criminally insane
• B. MEDIUM – those that cannot be trusted in less
secured areas whose conduct or behavior require
minimum supervision
- Minimum sentence is less than 20 years
- Detainees or remand inmates whose sentence is
below 20 years
- Thow with 2 or more records of escapes
- First time offenders sentenced to reclusion perpetua
• C. MINIMUM – who may be reasinably trusted to
serve their sentence under less restricted conditions
- Physically handicapped
- Senior citizens
- Who have served half of the minimum sentence or
1/3 of the maximum sentence
- Those who have only 6 months more to serve before
he expiration of the sentence
 CLASSIFICATION OF PRISONERS
2. AS TO THE ENTITLEMENT OF PRIVILEGES
a. 3rd class – either been previously committed for 3 or more
times as a sentenced inmate
b. 2nd class – newly arrived inmate demoted from 1st class or
one promoted from 3rd class
c. 1st class – whose known character and credit for work while
in detention earned assignment to this class upon start of
sentence or promoted from 2nd class
d. Colonist – first class of inmates and has served for 1 year
immediately preceding the completion of period specified in
classifications and has served imprisonemnt with the good
conduct for a period equivalent to 1/5 of maximum term of
prison sentence
SECTION 3. CLASSIFICATION OF PRISONERS
– THE FOUR (4) MAIN CLASSIFICATIONS OF
PRISONERS ARE:

A. Insular Prisoner – one who is sentenced to a

prison term of three (3) years and one (1) day
to death

B. Provincial Prisoner – one who is sentenced to

a prison term of six (6) months and one (1) day
to three (3) years.
c. City Prisoner – one who is sentenced to
a prison term of one (1) day to three (3)
years.

d. Municipal Prisoner – one who is

sentenced to a prison term of one (1) day
to six (6) months.
 THE PHILIPPINE CORRECTIONAL HAS
TWO (2) SYSTEMS BASED APPROACH,
NAMELY:

Institution Based and Community

Based Approach
 BOTH SYSTEMS ARE BEING IMPLEMENTED
ON A FRAGMENTARY BASIS BY THREE (3)
DEPARTMENTS OF THE EXECUTIVE BRANCH
OF THE GOVERNMENT. THESE ARE:

Dept. Of Justice, Dept. of Interior &

Local Govt. , Dept. of Social Welfare
& Development
(1) DEPARTMENT OF JUSTICE (DOJ)
takes care of the National Prisoners. The
National Prison and Penal Farms which is
being supervised and administered by the
Bureau of Corrections (BUCOR) This is
headed by a civilian Director. Tasked to
rehabilitate national prisoners so they can
become useful members of society upon
completion of their sentence
 These are the prisoners whose penalty ranges from 3
YRS AND 1 DAY to LIFE IMPRISONEMENT and those
convicted with the DEATH penalty or a fine of more
than five thousand pesos, or regardless of the length of
sentence, to one sentenced for violation of custom law or
other laws under the jurisdiction of the Bureau of Customs
or for violation of immigration and election laws, or to one
sentenced to serve two or more sentence the total of
which exceeds three years.
NATIONAL PRISONERS are also referred to under the
law as Insular Prisoners.
(2) THE DEPARTMENT OF THE INTERIOR AND
LOCAL GOVERNMENT (DILG)

takes care of the municipal, city and district Jails.

The Provincial Jails and sub-provincial jails are
operated by the Provincial Local government Units
under the supervision and management by their
respective governors in each province and whose
penalty ranges from SIX (6) MONTHS and ONE
DAY UP TO THREE(3) YEARS;
 the local jails namely, the Municipal jails, City jails
and District jails are under the supervision and
administration of the Bureau of Jail Management
and Penology (BJMP) and whose penalty ranges
from ONE (1) DAY to SIX (6) MONTHS for
Municipal Jail inmates, and for City Jail inmates
whose penalty ranges from ONE (1) DAY TO
THREE (3) YEARS. The district jail may be created
thereat if the monthly jail population is less than ten
(10) inmates
WHAT IS A DISTRICT
JAIL?
DISTRICT Jail is a consolidation of all inmates in
two or four municipal jails whose inmate
population is less than 10 monthly provided it will
be located near the Metropolitan Trial Court or
Regional Trial Court .The purpose is to maximize
the manpower and other logistical requirements.
 (3) THE DEPARTMENT OF SOCIAL
WELFARE AND DEVELOPMENT (DSWD)
takes care of the sentenced Youth
offenders. which are located in the ten (10)
Regional Youth Rehabilitation Centers
nationwide.
GOOD CONDUCT TIME ALLOWANCE
UNDER RA 10592
• ART. 97. Allowance for good conduct. – The good conduct of any offender
qualified for credit for preventive imprisonment pursuant to Article 29 of this
Code, or of any convicted prisoner in any penal institution, rehabilitation or
detention center or any other local jail shall entitle him to the following
deductions from the period of his sentence:
• "1. During the first two years of imprisonment, he shall be allowed a deduction
of twenty days for each month of good behavior during detention;
• "2. During the third to the fifth year, inclusive, of his imprisonment, he shall be
allowed a reduction of twenty-three days for each month of good behavior
during detention;
• "3. During the following years until the tenth year, inclusive, of his
imprisonment, he shall be allowed a deduction of twenty-five days for each
month of good behavior during detention;
• "4. During the eleventh and successive years of his imprisonment, he shall be
allowed a deduction of thirty days for each month of good behavior during
detention; and
• "5. At any time during the period of imprisonment, he shall be allowed another
deduction of fifteen days, in addition to numbers one to four hereof, for each
month of study, teaching or mentoring service time rendered.
SPECIAL TIME ALLOWANCE
 SPECIAL TIME ALLOWANCE FOR LOYALTY
• ART. 98. A deduction of one fifth of the period of his
sentence shall be granted to any prisoner who, having
evaded his preventive imprisonment or the service of his
sentence under the circumstances mentioned in Article
158 of this Code, gives himself up to the authorities
within 48 hours following the issuance of a proclamation
announcing the passing away of the calamity or
catastrophe referred to in said article. A deduction of two-
fifths of the period of his sentence shall be granted in
case said prisoner chose to stay in the place of his
confinement notwithstanding the existence of a calamity
or catastrophe enumerated in Article 158 of this Code.
• Who grants time allowances. – Whenever
lawfully justified, the Director of the Bureau of
Corrections, the Chief of the Bureau of Jail
Management and Penology and/or the
Warden of a provincial, district, municipal or
city jail shall grant allowances for good
conduct. Such allowances once granted shall
not be revoked
PURPOSE OF CORRECTION AND SENTENCING
• Deterrence – preventive effect which actual or
threatened punishment of offender has upon
potential offender
• Rehabilitation – process to help the criminals to
adjust to society and to avoid deviant behavior
• Reintegration – process submits that criminal
behavior was due to gap between the criminal and
the community
• Isolation of prisoners – insulation of criminals from
law abiding so as not to pollute them
JAILS
• Considered the bulwark of community social
protection in the sense that it isolates the offenders
from the rest of the population for a period while the
determination of their case is heard on merits
TYPES OF JAILS
• Lock up jail – security facility operated by personnel
of local enforcement units for temporary detention of
person unfer investigation or waiting preliminary
investigation
• Ordinary jail – houses prisoner convicted of offenses
which punishment does not exceed 3 years and run
by BJMP
• Workhouse jail (jail farm) – operates small- scale
cultivation of crops by minimum security prisoners
PENALTY

- defined as the suffering inflicted by the

state against an offending member for
the transgression of law.
CLASSIFICATION OF PENALTIES
Scale disqualification,
• PRINCIPAL Perpetual or temporary • Light penalties:
PENALTIES special disqualification, Arresto menor,
Capital punishment: Prision mayor Public censure.
-Death
• Correctional • Penalties common
• Afflictive penalties: penalties: to the three
Reclusion perpetua, Prision correccional, preceding classes:

Reclusion temporal, Arresto mayor, Fine, and

Perpetual or temporary Suspension, Bond to keep the peace

absolute Destierro.
DURATION OF PENALTY
Life imprisonment Highest penalty
Reclusion perpetua 20 years and 1 day – 40 years
Reclusion temporal 12 years and 1 day – 20 years
Prison mayor 6 years and 1 day – 12 years
Prison correctional 6 months and 1 day – 6 years
Arresto mayor 1 month and 1 day – 6 months
Arresto menor 1 day to 30 days
CLASSIFICATION OF PENALTY ACCORDING TO
SUBJECT MATTER
• Corporal (death)
• Deprivation of freedom (reclusion, prison,
arresto)
• Restriction of freedom (destierro)
• Deprivation of rights (disqualification and
suspension)
• Pecuniary (fine)
 • ACCESSORY PENALTIES

• Perpetual or temporary absolute disqualification,

• Perpetual or temporary special disqualification,
• Suspension from public office, the right to vote and be voted for, the
profession or calling.
• Civil interdiction,
• Indemnification,
• Forfeiture or confiscation of instruments and proceeds of the offense,
• Payment of costs.
 Judicial Conditions of Penalty/ standards of
penalty
1. Productive of Suffering – without affecting the
integrity of human personality
2. Commensurate with the offense – different
crimes must be punished with different penalties
3. Personal – guilty one must be the one to be
punished, no proxy
4. Legal – consequence must be in accordance with
the law
5. Equal – equal to all persons
6. Certain – no one must escape its effects
7. Correctional – changes the attitude of offenders
NON - INSTITUTIONAL
CORRECTIONS IN THE
PHILIPPINES
 NON – INSTITUTIONAL CORRECTIONS/
COMMUNITY BASED APPROACH
• 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.
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.
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
Amnesty – general pardon extended to a group of person, such as political offenders
purposely to bring about the return of dissidents to their home and to restore peace
and order in the community
 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
• 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.
 MODELS OF CRIMINAL TREATMENT
• Control model – prison management, which emphasizes prisoner
obedience, work end education
• Responsibility model – stresses prisoners responsibilty for their own
action, not administrative control to assure prescribed behavior
• Custodial model – based on the assumption that prisoners have been
incarcerated for the protection society and for the purpose in
incapacitation, deterrence and retribution
• Rehabilation model – security and house keeping acitivities are viewed
primarily as a framework for rehabilitative efforts; professional treatment
enjoys a higher status than other employees
• Reintegration model - linked to the structures and goals of community
corrections but has direct impact on prison operations; gives inmates
greater freedom and responsibility during their confinement
• Total institution – prison like the other total institution is a place of
residence and work where a large number of like-situated individuals, cut
off from wider society for an appreciable period of tome, together lead an
enclosed, formally administered round of life.
 APPROACHES IN DEALING WITH CRIMINALS
• Null strategy – nothing should be done, that prisons should be allowed
to become increasingly congested and staff should remain to maintain
them with the assumption that the problem is temporary and will
disappear in time
• Selective incapacitation strategy – urge that expensive and limited
prison space with the necessary number of staff to maintain them should
be used more effectively by targeting the individuals whose incarceration
will do the most to reduce crime
• Population reduction strategy – incorporates from door and back door
strategies. Front door strategies divert offenders to non-incarcerative
sanctions, among them, community service, restitution, fines, and
probation. While the back door strategies such as detention, parole,
work release and good behavior are devised to get offenders out of the
prison
• Construction strategy – building new facilities to meet the
demand for prison space for an anvantageous prison
management
• Population-sensitive flow control strategy – urges the
sentencing be linked to the availability of prison space and
management staff, that policies be developed allowing the
release of the prisoners when prison facilities become crowded
and staff are greatly outnumbered