INSTITUTIONAL

CORRECTIONS

PAGADUAN, CRYSTAL CHASER G.

 Definition of Terms
Penology
 study of punishment from crime or of
criminal offenders. It includes the study of
control and prevention of crime through
punishment of criminal offenders. The
term is derived from the Latin word
“POENA” which means pain or suffering.
Penology is otherwise known as Penal
Science.
Correction
 a branch of the Criminal Justice System
concerned with the custody, supervision
and rehabilitation of criminal offenders.
 It is the study of jail/prison management
and administration and reformation of
criminals.
 It is a generic term that includes all
government agencies, facilities, program,
procedures, personnel and techniques
concerned with the investigation, intake,
custody, confinement, supervision, or
treatment of alleged offenders.
REDRESS (COMPENSATION) OF
A WRONG ACT

1. 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.
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.
2. Fine 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,
and etc.).
 HISTORICAL PERSPECTIVE
ON CORRECTIONS
• 13th CENTURY – SECURING SANCTUARY
– A criminal could avoid punishment
– Hulk Galleys
 HISTORICAL PERSPECTIVE ON
CORRECTIONS
16th and 17th CENTURY
• The conceptualization of constructions of
workhouse and house of corrections.

16th CENTURY
• Transportation of criminals in England was
authorized during the 16th century.
• It partially relieved overcrowding of prisoners.
• Transportation was abandoned in 1835.
17th CENTURY
• Death penalty became
prevalent as a form of
punishment.
• Goals or jails were common
• Galleys were also used
• Galleys- are long, low, narrow
single decked ships, propelled
by sails, usually vowed by
criminals and they were also
called as “floating hells”.
THE AGE OF ENLIGTHMENT
In 18th century is a century of
change; it is the period of recognizing
human dignity. It is the movement of
reformation, the period of certain
reforms in the correctional field by
certain person.
 EARLY CODES
History has shown that there are three main
legal systems in the world, which have been
extended to and adopted by all countries aside
from those that produced them. In their
chronological order, they are the Roman, the
Mohammedan or Arabic and the Anglo-American
Laws. Among the three, it was Roman law that
has the most lasting and most offered the most
adequate basic concepts which sharply define, in
concise and inconsistent terminology, mature
rules and a complete system, logical and firm,
tempered with a high sense of equity.
1.Babylonian and Sumerian Codes
a. Code of King Hammurabi (Hammurabic
Code)- Babylon, about 1990 BC,
credited as the oldest code prescribing
savage punishment, but in fact,
Sumerian codes were nearly one
hundred years older.
2. Roman and Greek Codes
Justinian Code- 6th C.A.D., Emperor
Justinian of Rome wrote his code of
law. An effort to match a desirable
amount of punishment to all
possible crimes. However, the law
did not survive due to the fall of
Roman Empire but left a foundation
of Western legal codes.
•The Twelve Tables (XII
Tabulae), 451-450 BC
- represented the earliest
codification of Roman law
incorporated into the Justinian
Code. It is the foundation of all
public and private law of
Romans until the time of
Justinian. It is also a collection
of legal principles engraved on
metal tablets and set up on the
forum.
b. Greed Code of Draco
 In Greece, the Code of Draco, a
harsh code that provides the same
punishment for both citizens and the
slaves as it incorporates primitive
concepts (Vengeance, Blood
Feuds).
 The Greeks were the first society to
allow any citizen to prosecute the
offender in the name of the injured
party.
3. The Burgundian
Code (500 AD)
- specified punishment
according to the social
class of offenders,
dividing them into:
nobles, middle class and
lower class and
specifying the value of
the life of each person
according to social
status.
 Early Codes (Philippine Setting)
The Philippines is one of the many countries that
cane under the influence of the Roman Law. History
has shown that the Roman Empire reached its
greatest extent to most of continental Europe such as
Spain, Portugal, French and all of Central Europe.
Eventually, the Spanish Civil Code became
effective in the Philippines on December 7, 1889, the
“Conquistadores” and the “Kodigo Penal” (The
Revised Penal Code today, 1930) was introduced by
the Spaniards promulgated by the King of Spain.
Basically these laws adopted the Roman Law
principles (Coquia, Principles of Roman Law, 1996).
 Mostly tribal traditions, customs and
practices influenced laws during the Pre-
Spanish Philippines. There were also laws
that were written which include:
a. The Code of Calantiao (promulgated in
1433)- the most extensive and severe law
that prescribes harsh punishment.
b. The Maragtas Code (by Datu Sumakwel)
 Early Prisons:

 Mamertime Prison – the only early Roman place of

confinement which is built under the main sewer
of Rome in 64 B.C
 The most popular workhouse was the BRIDEWELL
WORKHOUSE (1557) in London which was built for
the employment and housing of English prisoners.
 Wulnut Street Jail – originally constructed as a
detention jail in Philadelphia. It was converted into
a state prison and became the first American
Penitentiary
The Two Rival Prison System
in the History of Correction
 The Pennsylvania Prison System –
the prisons system called “Solitary
System”.
 Prisoners are confined in single cells
day and night where they lived, they
slept, they ate and receive religious
instructions. Complete Silence was
also enforced. They are required to
read the Bible.
The Two Rival Prison System
in the History of Correction
 The Auburn Prison System –
the prison system called the
“Congregate System”.
 The prisoners are confined in their
own cells during the night and
congregate work in shops during
the day. Complete silence was
enforced.
JUSTIFICATION OF
PUNISHMENT
 Retribution
 Expiation or atonement
 Deterrence
 Incapacitation and protection
 Reformation
RETRIBUTION
 this was a primitive form of inflicting
punishment by way of personal vengeance.
In its imposition, the punishment would
depend on the degree of satisfaction the
Aggrieved or offended party would obtain.
It was seen as the cause of the unending
vendetta between the offender and the
victim. To regulate personal vengeance the
retaliation was limited to the degree of
injury inflicted, hence the philosophy of “an
eye for an eye” evolved
Atonement or Expiation
 this is similar to retribution wherein
the penalty is commensurate with the
gravity of the offense based on the
norms observed by the members of
the society. Hence, it has been
described as a form of group
vengeance as opposed to the
justification relied upon in retribution
of personal vengeance.
 Deterrence
 it is based on the belief that the offender when
punished and inflicted with suffering would learn the
lessons the hard way. It is also beneficial to society
on the ground that others would also know that crime
does not pay and would learn of the effects of
violations to the laws. In the 18th century Beccaria the
exponent of the Classical School of Criminology
stressed out that there is a doubt in the deterrent
effects to criminality but he noted that it merely
manifest the degree of severity of the penalties
imposed but it is not the controlling factor why people
commit same crimes or continue to violate the law.
Protection
 this has been emerged after the
establishment of prison systems. It
has been regarded as a social defense
wherein the society would gain
protection by putting criminals behind
bars.
 Reformation
 is the latest justification resorted to by the
imposition of punishment. It operates by
attempting to reform and rehabilitate law
violators while serving their prison terms.
The state believes that society would be best
protected when law violators would return to
the community as responsible and productive
members of society. This is a sound policy
but very difficult to achieve for change would
depend on variable individual factors.
Reformation
 Hence treatment of offenders is
viewed on a case to case basis due to
varying personal circumstances. With
this justification probation and parole
came into existence as a substitute to
imprisonment wherein the law
violator would have to be reformed
within the community.
Ancient Forms of
Punishment
 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.
 Other similar forms of punishment
like transportation and slavery
 Ancient Forms of
Punishment
 Death Penalty – affected by burning,
beheading, hanging, breaking at the
wheels, pillory and other forms of
medieval executions.
 Physical Torture – affected by maiming,
mutilation, whipping and other inhumane
or barbaric forms of inflicting pain.
 Social Degradation – putting the
offender into shame or humiliation.
 Early Forms of Prison
Discipline:
 Hard Labor - productive works.
 Deprivation – deprivation of everything
except the bare 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 the fault of all”
Early Forms of Prison
Discipline:
 Mass Movement – mass living in cell
blocks, mass eating, mass recreation,
mass bathing.
 Degradation – uttering insulting
words or languages on the part of
prison staff to the prisoners to
degrade or break the confidence of
prisoners.
Forms of Punishment during
the primitive era:
 Death penalty
 Corporal punishment
 Public humiliation
 Banishment
DEATH PENALTY
 Which was carried out by
hanging, immersing in boiling
water, burning and feeding to
wild animals.
CORPORAL PUNISHMENT
 In which the offender is
inflicted with penalties such as
mutilation, disfiguration,
flogging and maiming.
Public humiliation
 It caused shame to the offender
wherein they are shaved of their
hair, branded and the use of
stocks, pillory and docking stool.
Banishment
 Wherein the offenders are
transported to barren, newly
discovered territory and are not
permitted to gain re-entry to
their homeland.
Pre-Classical Theories and
Developments:
 Secular theory of punishment
 Judean or Christian Theory
 Rise of the Canonical Courts
 The abuse of Judicial Individualization
Secular theory of
punishment
 punishment id a means of restoring the
balance between pleasure and pain. This was
asserted by Aristotle in his book “Nicomedian
Ethics”. This is similar to the individual
determination theory which prevailed up to
400 B.C. and the free will theory wherein men
by way of rationalizing the circumstances
would commit crime in terms of the more
pleasure that they will derive out of their
violation to law as opposed to the pain to be
inflicted in case of discovery and conviction
Judean or Christian Theory
 the advocates who emerged
after 30 A.D. contended that
punishment has a redemptive
purpose for violations to laws
which are evil in nature.
Rise of the Canonical Courts
 in the 4th century A.D. a conflict
and rivalry between the church
as state emerged in the way
offenses are tried. The theory
resorted to be the Canonical
courts were derived from the aim
to reform the individual offender.
 The abuse of Judicial
Individualization
 the wide discretion given to judges and magistrates
in the imposition of penalties gave them absolute
power which corrupted them and led to the rise to
class discrimination. Religious motivations geared
to reform the abusive system were started by the
Hebrews. In America, the Quakers in Philadelphia
and Louis Dwight in Boston led the reform
movement. These movements were not concerned
with understanding the criminals but rather focused
on having the right administration of justice under
the doctrines set forth in their religion.
The Primary Schools of
Penology

1. The Classical School

- it maintains the “doctrine of
psychological Hedonism” or “Free
Will”. That the individual calculates
pleasure and pains in an advance of
action and regulates his conduct by
the result of his calculations.
 CLASSICAL SCHOOL OF
PENOLOGY
 This was a result of the movement to reform the judicial
system and through the efforts of Cesare Beccaria who
collated and presented the principles of Rousseau,
Montesquieu, Voltaire and other 18th Century writers and
Philosophers pertaining to crimes and punishment. The
widely renowned book Crime and Punishment provided the
starting point of the classical school of criminal law and
criminology. His protests were directed against: the
arbitrary penalties given by judges, defects in the criminal
procedure particularly in the admission of testimonies and
evidences, incrimination of witnesses, torture, long
pending cases and the abuse of power perpetuated by the
rich and influential members of society.
 Principles of the Classical
School:
 Since all person are equals, the rights
and liberties of individuals must be
respected. All should be treated alike in
the administration of justice.
 Crime is a judicial abstraction hence a
definite penalty must be attached to
each crime.
 Punishment should be based on the
social need.
2. The Neo-classical School
- it maintained that while the classical
doctrine is correct in general, it should
be modified in certain details. Since
children and lunatics cannot calculate
the differences of pleasures from pain,
they are not regarded as criminals,
hence they should be free from
punishment
Neo-Classical School:
 Influenced by the 1819 French
Code and by the Quakers of New
England. The idea of giving
emphasis on the crime and its
causes rather than the criminal
himself. This allowed certain
modifications in the practice of the
Classical School of thought.
Effects of the Neo-Classical
School of Penology:
 Children and insane persons were
exempted from punishment
 Punishment was mitigated or reduction
of punishment for partial freedom of
the will due to lack of complete
responsibility.
 It represented the reaction against the
severity of the classical theory of equal
punishment.
3. The Positivist Italian
School
- the school that denied individual
responsibility and reflected nor positive
reactions to crime and criminality. It
adheres that crimes, as any other act,
is a natural phenomenon. Criminals are
considered as sick individuals who need
to be treated by treatment programs
rather than punitive actions against
them.
 Positive School:
 Often referred to as the Italian School of
Criminology it primarily existed due to the
efforts of Cesare Lombroso an army surgeon
and anthropologist. He published the book,
“The Criminal in Relation to anthropology,
Jurisprudence and Psychiatry”. Wherein he has
sought to explain the physical constitution of
man and its affect to criminal tendencies. He
classified criminals into born, insane and
Criminaloids who possess psychological defects
Positive School:
 The positive school was called as such
due the positive and definite result
which it brought. It resulted to
counter-act the influence of the
Classical School and tended to center
the attention on crime and its causes.
Positive School:
 Enrico Ferri – an Italian who advocated
the “Theory of Imputability and the Denial
of Free Will”. He focused more on social,
physical and anthropological factors.
 Garofalo – an Italian of Spanish origin,
stressed that crimes would be understood
by scientific methods in understanding
the traits and circumstances of criminal
offenders.
 Modern Clinical School:
 This theory advocated the study of the criminal rather
than the crime. Its field of interest is the personality
and circumstances of offenders to understand their
criminal behaviour. It emphasized social psychology.
It also derives its belief on the biological inheritance
of man as influenced by the conditions which he was
developed as well as his experiences in life. It
suggested to adapt the treatment of individuals on a
case basis as a result of the diagnosis obtained after
scientific study of the criminal. It leads to the
reputation of retribution and expiation.
 THE PIONEERS OF
CORRECTIONAL REFORM
1. WILLIAM PENN (1614-1718)
- He fought for religious freedom
and individual rights.
- He is the first leader to prescribe
imprisonment as correctional
treatment for major offenders.
- He is also responsible for the
abolition of death penalty and
torture as a form of punishment.
2.CHARLES MONTESQUIEU
(CHARLES LOUIS SECONDAT,
BARON DELA BREDE AT DE
MONTESIQUIEU)
- (1689-1755) A French historian and
philosopher who analyzed law as
an expression of justice. He believe
that harsh punishment would
undermine morality and that
appealing to moral sentiments as
a better means of preventing
crime.
3. JOHN LOCKE ( 1960)
- “Essay concerning
human understanding and
his second treaties on
government”.
4. VOLTAIRE
- He was the most versatile
of all philosophers during
his period.
- He believes that shame
was a deterrent to crime.
- He fought the legality
sanctioned practice of
torture.
5. CESARE BECCARIA (1738-1794)
- He wrote an essay entitled, “An
Essay on Crimes and Punishment”, the
most exciting on law during this
century. It presented the humanistic
goal of law.
6. JEREMY BENTHAM (1748-1632)
- The one who designed the
Panoptical Prison, which became as
the “Ultimate Penitentiary” or
“Inspection House”, came from a
Greek word mean “everything” and a
“place of sight”.
- A prison that consists of circular
building containing multi cells around
the periphery but it was never built.
7. John Howard (1726-1790)
The sheriff of Bedfordshire in 1773 who
devoted his life and fortune to prison reform.
After his findings on English Prisons, he
recommended the following:
– Single cell for sleeping
– Segregation of women and youth
– Provision of sanitation facilities
– Abolition of fee system by which jailers
obtained money from prisoners
– Casework methods
– Extensive use of parole
– Indeterminate sentence.

*The Elmira Reformatory is considered the

forerunner of modern penology because it had
all the elements of modern system.
8. MANUEL MONTESIMOS
- Director of the prison in Valencia, Spain in 1835.
- He divided prisoners into companies and appointed
prisoners as petty officers in charge
- Academic classes of one hour a day were given all
inmates under 20 years of age.
9. DOMETS OF FRANCE
- Established agricultural colony for delinquent boys in
1839.
- The boys were housed in cottages with house fathers
as in-charged.
- The system was based on re-education rather than
force.
- When discharge the boys were placed under the
supervision of a patron.
10. ALEXANDER MACONOCHIE
- Introduced a progressive humane system to
substitute corporal punishment.
- When a prisoner earned a required number of
marks, a ticket of leave was given which equivalent
to parole.
- Introduced the “MARK SYSTEM”.
- He introduced several other progressive measures
which aimed at rehabilitating prisoners, and fair
disciplinary trials, built churches, distributed books,
allowed plays to be staged, and permitted prisoners
to tend small gardens.
- For his progressive administration of prisoners,
Maconochie should be considered as one of the
father of modern penology.
11. ZEBULON R. BROCKWAY
- First superintendent of the New
York state reformatory at Elmira
in 1876.
- He introduced a new institutional
program for boys from 16 to 30
years of age.
- The Elmira system was based
on the indeterminate sentence
and parole; it has all the elements
of modern correctional system,
which it was referred to as the
forerunner of modern penology.
12. SIR WALTER CROFTON
- He introduced the Irish system in
1856, which was later on called the
progressive or mark system.
- The most important thing to
remember in this system is that
Crofton attempted to place the
responsibility for self-improvement
on the prisoner himself through
successful stages.

13. SIR EVELYN RUGGLESS BRISE

- He opened a Borstal Institution
which consisted today as the best
reform institution for young
offenders.
Types of Prisons
 Maximum
 Dangerous inmates/felons
 Built to prevent escape, intense supervision

 Medium
 Less dangerous offenders
 Less restrictive than max prison, most offenders here

 Minimum
 Inmates who pose little threat
 Great deal of freedom/movement, resembles college campus
 1st time offenders, non-violent, well-behavd
PRISON defined
 A penitentiary, an institution for the
imprisonment of persons convicted of
major/serious crimes
 A place of confinement for those
charged with or convicted of offenses
against the laws of the land
GENERAL CLASSIFICATION
OF PRISONERS
 DETENTION PRISONER
 Those detained for investigation,
preliminary hearing, or awaiting trial
 A detainee in a lock up jail
 They are prisoners under the jurisdiction
of Courts
WHO ARE PRISONERS?
 Is a person who is under the custody of
lawful authority.
 A person, who by reason of his criminal
sentence or convicted and serving in a
penal institution
 A person committed to jail or prison by
a competent authority for any of the
following reasons: to serve a sentence
after conviction, trial or investigation
GENERAL CLASSIFICATION
OF PRISONERS
 SENTENCED PRISONER
 Offenders who are committed to jail or
prison in order to serve their sentence
after final conviction by a competent
court
 They are prisoners under the jurisdiction
of penal institution
GENERAL CLASSIFICATION
OF PRISONERS
 PRISONERS WHO ARE ON
SAFEKEEPPING
 Includes non-criminal offenders who are
detained in order to protect the
community against their harmful
behavior
Prisons and Jails

Chapter 12 & 13 In Your Textbook

John Massey
Criminal Justice
 CLASSIFICATION OF
SENTENCED PRISONERS
 INSULAR OR NATIONAL
PRISONERS
 Those sentenced to suffer a term of
sentence of 3 years and 1 day to life
imprisonment
 Those sentenced to suffer a term of
imprisonment cited above but appealed
the judgment and unable to file a bond
for their temporary liberty
 CLASSIFICATION OF
SENTENCED PRISONERS
 PROVINCIAL PRISONER
 Those persons sentenced to suffer a
term of imprisonment from 6 months
and 1 day to 3 years or a dine not more
than 1,000 pesos, or both
 Those detained therein waiting for
preliminary investigation of their cases
cognizable by the RTC
 CLASSIFICATION OF
SENTENCED PRISONERS
 CITY PRISONER
 Those sentenced to suffer a term of
imprisonment from 1 day to 3 years or a
fine of not more than 1, 000 pesos or
both.
 Those detained therein whose cases are
filed with the MTC
 Those detained therein whose cases are
cognizable by the RTC and under
preliminary investigation
 CLASSIFICATION OF
SENTENCED PRISONERS
 MUNICIPAL PRISONERS
 Those confined in municipal jails to serve
an imprisonment from 1 day to 6 months
 Those detained therein whose trials of
their cases are pending with the MTC
 CLASSIFICATION OF PRISONERS
ACCORDING TO DEGREE OF
SECURITY

 SUPER MAXIMUM SECURITY

PRISONER
 A special group of prisoners composed of
incorrigible, intractable, and highly
dangerous persons who are the source of
constant disturbances even in a
maximum security prison
 They wear orange color of uniform
 CLASSIFICATION OF PRISONERS
ACCORDING TO DEGREE OF
SECURITY
 MAXIMUM SECURITY PRISONER
 The group of prisoners whose escape could
be dangerous to the public or to the security
of the state.
 It consist constant troublemakers but not as
dangerous as the super maximum prisoners
 Their movements are restricted and they are
not allowed to work outside the institution
but rather assigned to industrial shops with
in the prison compound
MAXIMUM SECURITY
PRISONER
 They are confined at the NBP Main Building
 Wear orange color of uniform
 Includes those sentenced to serve sentence
20 years or more, or those whose sentenced
are under the review of the Supreme Court,
and offenders who are criminally insane
having severe personality or emotional
disorders that make them dangerous to
fellow offenders or staff members
 CLASSIFICATION OF PRISONERS
ACCORDING TO DEGREE OF
SECURITY
 MEDIUM SECURITY PRISONER
 Those who can not be trusted in open
conditions and pose lesser danger than
maximum security prisoner in case they
escape.
 It consists of groups of prisoners who maybe
allowed to work outside the fence of walls of
the penal institution under guards or with
escorts
 They occupy the Medium Security Prison (Cam
Sampaguita)
MEDIUM SECURITY PRISONER
 Color blue uniform
 they are employed as agricultural
workers.
 Includes prisoners whose minimum
sentence is less than 20 years and
life-sentenced prisoners who served
at least 10 years inside the maximum
security prison
 CLASSIFICATION OF PRISONERS
ACCORDING TO DEGREE OF
SECURITY
 MINIMUM SECURITY PRISONER
 Group of prisoners who can be reasonably
trusted to serve sentence under “open
conditions“
 This group includes prisoners who can be
trusted to report to their work assignments
without the presence of guards
 They occupy the Mininum Security Prison
(Camp Bukang Liwayway)
 Color brown uniform
JAIL
 It is a place of locking up of persons
who are convicted of minor offenses
or felonies who are to serve a short
sentences imposed upon them by a
competent court, or for confinement
of persons who are awaiting trial or
investigation of their cases
HISTORY OF JAILS
 The first crude system of jails began
in the STONE AGE where caves were
used as detention cells
 Until the beginning of the 18th century
jails are primarily set up in towns and
cities for detention purposes
JAIL as DUAL ROLE
 It is utilized for pre-detention of
offenders while their cases are
pending before the courts
 Place of incarceration for those who
are convicted of short sentences of
not more than 3 yrs imprisonment
IMPORTANCE OF JAIL
 It is a vital deterrent to law violations
 Considered as the bulwark of
community social protection
 It is held that the treatment or first
contact with jail guards and
authorities is the primary determinant
whether a convict may rehabilitate or
become a hardened criminal
 DEFECTS OF PRESENT-DAY
JAILS
 Inadequate and deteriorated buildings
 Insufficient number of personnel to
provide suitable supervision
 Existence of Kangaroo courts and
insidious methods conducted by
morally depraved prisoners
 Overcrowding and unsanitary
conditions
 DEFECTS OF PRESENT-DAY
JAILS
 Failure to conduct proper segregation
of prisoners
TYPES OF JAIL
 LOCK UP
 ORDINARY
 WORKHOUSE, JAIL FARMS OR CAMP
LOCK-UP JAIL
 This is a security facility operated by
personnel of the local law enforcement
units for temporary detention of
persons under investigation or
awaiting preliminary investigation. In
conformity with the law, the maximum
period of detention for light, less grave
and grave offenses are 12, 18, 36
hours respectively.
Ordinary Jail
 These facility houses prisoners
convicted of offenses which the
punishment does not exceed three
years of imprisonment and those
with pending cases before the
courts. It is administered and run
by personnel of the BJMP.
Workhouse Jail
 Also known as jail-farm or campus
such facility operates small-scale
cultivation of crops by minimum
security prisoners. This would be
ideal for municipalities with a large
number of inmates
Provincial Jails
 are not under the jurisdiction of
the Bureau of Corrections. They
are managed and controlled by
the provincial government.
Alternative to Jail
Confinement
 In order to relieve congestion of
prisoners among our jails and
attain a more efficient
management and treatment of
prisoners languishing in jails the
following measures were devised
as viable alternative to jail
confinement.
 
Alternative to Jail
Confinement
 Transfer or elimination from the jail
to those who belong elsewhere. This
is done by transferring the insane
minors and jail misfits to hospital
facilities or foster homes. In addition
those languishing in jails for a period
which would exceed a possible term
of imprisonment if convicted should
be released.
Alternative to Jail
Confinement
 Fines in lieu of imprisonment in jails our
Penal Laws has mandated the payment of
fines in certain felonies.
 Wider use of approved methods of release
from custody. This may be done by more
judicial grants in the form of bails and
release on recognizance or to those people
of known integrity and character which
enables the accused to be entitled to liberty
while the case is awaiting judgment.
Alternative to Jail
Confinement
 Use of delayed sentence- This was
practiced in the United States
referred to as weekend sentence or
night sentence wherein the
offender is allowed to pursue work
and returns to the jail to serve his
sentence during non working
hours.
Alternative to Jail
Confinement
 Use of Probation- Since probation is a
privilege for those convicted of
sentences which does not exceed six
years imprisonment, an increase
grants of probation for those qualified
under the law.
Alternative to Jail
Confinement
 Consolidation of jails- It is an more
sound and economical means of
management of prisoners by
combining several facilities or jails
into one. The construction of
provincial jails to house numerous
inmates would pave the way for
efficient custody, control and
treatment of the inmates.
 THE ADMINISTRATIVE
ORGANIZATION AND
MANAGEMENT OF INSTITUTION
BASED CORRECTIONS

Philippine Penal
System
1. BJMP
2. BUREAU OF
CORRECTIONS
BUREAU OF CORRECTIONS
 Bureau of Prisons was renamed
Bureau of Corrections under
Executive Order 292 passed during
the Aquino Administration. It states
that the head of the Bureau of
Corrections is the Director of Prisons
who is appointed by the President of
the Philippines with the confirmation
of the Commission of Appointments.
BUREAU OF CORRECTIONS
 The Bureau of Corrections has
general supervision and control of all
national prisons or penitentiaries. It is
charged with the safekeeping of all
Insular Prisoners confined therein or
committed to the custody of the
Bureau.
 Coverage of Bureau of
Corrections
 National Bilibid  Correctional
Prisons Institution for
(Muntinlupa, Rizal) Women
 New Bilibid Prisons (Mandaluyong)
(Main Building)
 Camp Sampaguita  The Penal
 Camp Bukang Liwayway Colonies
 Reception and
Diagnostic Center
(RDC)
 PENAL COLONIES
 Sablayan Penal  San Ramon Penal
Colony and Farm Colony and Farm
(Occ. Mindoro) (Zamboanga)
 Iwahig Penal  Ilo-Ilo Penal
Colony and Farm Colony and Farm
(Palawan) (Ilo-Ilo Province)
 Davao Penal  Leyte Regional
Colony and Farm Prison (Abuyog
(Central Davao) Leyte)
THE SEVEN
OPERATING
CORRECTIONAL
FACILITIES IN
THE PHILIPPINES
BILIBID PRISON – the main insular penitentiary
during the Spanish regime. This was constructed
in 1847 and was formally inaugurated in 1865 by
virtue of the Royal Decree of the Spanish Crown.
This is located at the then famous “May Haligue
Estate” at nearby Central Market. This was
constructed in radical spokes-of-a-wheel form
with a tower in the center spoke for easy
command and control. In 1936, the City of Manila
exchanged its Muntinlupa property with that of
the Bureau of Prison lot, the Muntinlupa property
was intended as a site for Boys Training School,
but because it was too far, the City preferred the
site of the Old Bilibid Prison, the present site of
Manila City Jail.
103
 NEW BILIBID PRISON,
Muntinlupa City (Approximately
552 hectares) – this is where the
Bureau of Corrections Central
Office. Within the complex are the
three (3) security camps
administered by a Penal
Superintendent and assisted by as
Asst. Superintendent in each
Camp. The thee (3) security
camps are: 104
 MAXIMUM SECURITY
COMPOUND is for prisoners
whose sentences are 20 years and
above, life termers or those under
capital punishment, those with
pending cases, those under
disciplinary punishment, those
whose cases are on appeal, those
under detention, and those that
do not fall under medium and
minimum security status.  105
COMPOUND (also known as
Camp Sampaguita) is for
prisoners whose sentences are
below 20 years (computed
from the minimum sentences
per classification
interpretation) and those
classified for colony
assignment.
 
106
 MINIMUM SECURITY COMPOUND
(also referred to as Camp Bukang
Liwayway) is an open camp with less
restrictions and regimentation. This is
for prisoners who are 65 years old and
above, medically certified as invalids
and for those prisoners who have six
months or less to serve before they
are released from prison. 
the lethal injection chamber is also
located here.
 
107
 SAN RAMON PRISON AND PENAL FARM,
Zamboanga del Sur – founded by Capt. Ramon
Blanco, a member of the Spanish Royal Army and
named the prison facility after his patron saint.
This was initially intended for the confinement of
political prisoners during Spanish era. It was
closed during the Spanish-American War and was
reopened during the American occupation. It has
three facilities (maximum, medium, minimum).
The penal farm was designed to promote agro-
industrial activities.
Land area: Approximately 1, 546 hectares
Principal product: Copra, rice, coffee, etc.
Year established: 1869 – 1870
108
IWAHIG PRISON AND PENAL FARM, Palawan
envisioned as an institution for incorrigible criminals, however, the
first contingent of prisoners to be confined revolted against the
authorities.
On November1, 1905 under the Reorganization Act 1407, the policy
was changed, instead of putting hardened criminals, well behaved
and obedient inmates were sent to the colony
The farm is predominantly designed for agro-industrial activities.
Within its area are four (4) sub-colonies:
Central sub-colony
Sta. Lucia sub-colony
Montible subcolony
Inagawan sub-colony
All these colonies are administered by a Penal Supervisor
It administers the Tagumpay Settlement, which is approximately
1, 000 hectares, with six hectares homestead lots distributed to
inmates who desired to live in the settlement after service of
sentence.
One of the best open institutions in the world.
Date established: Nov. 16, 1904
By virtue of: Reorganization Act of 1407
Land area: Approximately 36, 000 hectares
Principal product: rice, corn, copra and other forest product 109
CORRECTIONAL INSTITUTION FOR
WOMEN, Mandaluyong City
The only female institution in the
Philippines
Since 1934, a female Superintendent
was assigned to supervise the prison
facility.
Year established: 1931
By virtue of: Act 3579 which was
passed on Nov. 27, 1929
Vocational activities: Dress making,
beauty culture, handicrafts
110
LEYTE REGIONAL PRISON,
Abuyog, Leyte
Date established: Jan. 16, 1973
It is a prison facility, which has a
receiving and process station.
It has three security facilities –
maximum, medium, minimum
Because of its terrain, prison agro-
industrial activities could not be fully
developed.
111
SABLAYAN PRISON AND PENAL FARM,
Sablayan, San Jose, Occidental Mindoro
With four sub-colonies within the prison
compound:
Central sub-colony
Pusog sub-clony
Pasugui sub-colony
Yapag sub-colony
This penal farm is intended for agro-industrial
activities
Land area: Approximately 16, 408.5 hectares
By virtue of: Proclamation no. 72
Date established: Sept. 27, 1954
Principal product: Rice
112
DAVAO PRISON AND PENAL
FARM, Tagum, Davao del
Norte
With two sub-colonies:
Panabo sub-colony
Kapalong sub-colony
Administer the Tanglaw
Settlement for those inmates
who desire to live within the
compound
113
 BUREAU OF JAIL
MANAGEMENT AND
PENOLOGY
Bureau of Jail Management
and Penology:
 By virtue of Republic Act 6975 the Jail
Bureau was created. The compositions
of the personnel of the BJMP were to
be taken from the members of the Jail
Management and Penology Service as
constituted under P.D. 765. It is
vested with the authority to exercise
supervision and control over all city
and municipal jails.
Bureau of Jail Management
and Penology:
 While the provincial jail will be
supervised and controlled by the
provincial government within its
jurisdiction. The funding for the
operational expenses of the city and
municipal jails will be burdened by
the BJMP while that of the provincial
jail shall be under the budget of the
provincial government concerned.
Organization of BJMP:
 The jail Bureau shall be headed by a chief
who shall be assisted by a deputy chief,
as prescribed by RA 6975. It shall be
composed of all city and municipal jails
each headed by a warden. The chief of
the Jail Bureau shall recommend to the
Secretary of DILG the organizational
structure and staffing pattern of the BJMP
as well as disciplinary machinery of the
Bureau.
Establishment of District,
City and Municipal Jails:
 as mandated by the Department of
Interior and Local Government Act of
1990: every district, city and
municipality in the Philippines must
establish and maintain a secured,
clean, adequately equipped and
sanitary jail for the custody and
safekeeping of any of the following:
Establishment of District,
City and Municipal Jails:
 A city or municipal prisoner
 Any fugitive from justice
 A person detained awaiting investigation
 An accused while waiting for the court’s
judgment
 A violent mentally ill person who
endangers himself or the safety of
others
Establishment of District,
City and Municipal Jails:
 The city or municipal jail service shall be
headed by a warden who shall assist in
the immediate rehabilitation of individuals
or detention prisoners. Since great care
must be exercised to protect and respect
the human rights of said prisoners as well
as to attend to the physical, spiritual well
being of the inmates. It is therefore that
the warden must be graduate of any four
year course preferably:
Establishment of District,
City and Municipal Jails:
 Psychology
 Psychiatry
 Sociology
 Nursing
 Social Work
 Criminology
 Powers, Functions and
Organization of the BJMP
Powers
The Bureau shall exercise supervision and control
over all districts, city and municipal jails to
ensure a secured, clean, sanitary and adequately
equipped jail for the custody and safekeeping of
city and municipal prisoners, any fugitive from
justice or persons detained awaiting investigation
or trial and/or transfer to the National
Penitentiary, and any violent, mentally ill person
who endangers himself or the safety of others.
 Functions:
Inline with its mission,  Formulate and
the Bureau implement policies
endeavors to perform for the programs of
the following: correction,
 Formulate policies rehabilitation and
and guidelines on the treatment of
administration of all offenders;
districts, city and
municipal jails
nationwide;
 Functions:
 Plan the program  Conduct
funds for the researches,
subsistence develop and
allowance of implement plans
offenders; and programs for
the improvement
of jail services
throughout the
country
 Organization and Key
Positions in the BJMP:
 The BJMP, also referred to as the Jail Bureau,
was created pursuant to Section 60, R.A. no.
6975, and initially consisting of uniformed
officers and members of the Jail management
and Penology service as constituted under
P.D. no. 765.
 The Bureau shall be headed by a chief with
the rank of Director, and assisted by a
Deputy Chief with the Rank of Chief
Superintendent.
Organization and Key
Positions in the BJMP:
 The Central Office is the Command
and Staff HQ of the Jail Bureau
composed of 3 Command Groups, 6
Coordinating Staff Divisions, 6 Special
Staff Groups and 6 Personal Staff
Groups namely:
 Organization and Key
Positions in the BJMP
 Command Group  Coordinating Staff
 Chief, BJMP Groups
 Administrative Division
 Deputy C/BJMP
 Operations Division
 Chief of Staff
 Logistics Division
 Finance Management
Division
 Research Plans and
Programs Division
 Inspection and
Investigation Division
 Organization and Key
Positions in the BJMP
 Special Staff  Personal Staff
Groups Groups
 General Services Unit  Aide-de-Camp
 Health Services Unit  Intelligence Office
 Chaplain Services Unit  Public Information
 Community Services Office
Unit
 Legal Office
 Finance Services Unit
 Adjudication Office
 Hearing Office
 Internal Audit

128
Regional Office:
 At the Regional Level, each Region
shall have a designated Assistant
regional Director for Jail
management and Penology.
Provincial Level:
 In the Provincial Level, there
shall be designated a Provincial
Jail Administrator to perform the
same functions as the ARDs
province wide.
District Office:
 In the District Level, where there are
large cities and municipalities, a
district jail with subordinate jails,
headed by a District warden may be
established as necessary.
City and Municipal Office:
 In the City and Municipal level,
a city or municipal Warden
shall head each jail.
 Rank Classification of the
BJMP
RANK POSITION APPOINTING AUTHORITY

Director - Chief of the BJMP Secretary of DILG

C/ Supt. - Deputy C/BJMP Secretary of DILG
Sr. Supt. - Asst. Regional Dir. Secretary of DILG
Supt. - Asst. Regional Dir. Secretary of DILG
Chief Insp. - Warden Under Secretary
Sr. Insp. - Warden Under Secretary
Inspector - Warden Under Secretary
SJO 4 to Jail Guards Chief of BJMP
JO1 Chief of BJMP
Duties and Responsibilities:
 WARDEN
 Direction, Coordination, and Control of
the Jail

 Responsible for the:

 Security, safety, discipline and well being of

inmates
The office of the warden may
organize the following units:
 Intelligence and  Jail
Investigation Inspectorate
Team Section
 It gathers, collates  Inspect jail
and submits facilities,
intelligence personnel,
information to the prisoners and
office of the submit reports to
warden on matter the warden.
regarding the jail
condition.
The office of the warden may
organize the following units:
 Public Relation
Office
 Maintain public
relation to obtain
the necessary and
adequate public
support
ASSISTANCE WARDEN
 The office of the Assistant
Warden undertakes the
development of a systematic
process of treatment.
 Chairman of the Classification
Board and Disciplinary Board.
ADMINISTRATIVE GROUPS
 The administrative groups
take charge of all
administrative functions of
the jail bureau.
ADMINISTRATIVE GROUPS
 Personnel  Records and
Management Statistics Branch
Branch  Keep and maintain
 Assignment of booking sheets and
personnel arrest reports
 Procedures of  Keep an orderly
selection record of fingerprints
 Preparation of and photographs
personnel reports  Present/ Prepare
 Individual record file statistical data of
inmates
 ADMINISTRATIVE GROUPS
 Property and  Budget and
Supply Branch Finance Branch
 Take charge of  Take charge of all
the safekeeping of financial matters
equipments and such as
supplies and budgeting,
materials needed financing,
for the operation accounting, and
of the jail auditing.
 ADMINISTRATIVE GROUPS
 Mess Service  General Service
Branch Branch
 Take charge of  Responsible for
the preparation of the maintenance
the daily menu, and repair of jail
prepares and cook facilities and
the food and equipments. It is
serve it to also task with the
inmates cleanliness and
beautification of
the jail compound.
 ADMINISTRATIVE GROUPS
 Mittimus Mittimus
Computing  is a warrant issued
Branch by a court directing
 Tasked to receive the jail or prison
court decisions authorities to
and compute the receive the
date of the full convicted offender
completion of the for the service of
service of sentence imposed
sentence of therein or for
inmates. detention.
SECURITY GROUPS:
 The security groups provides a
system of sound custody,
security and control of inmates
and their movements and also
responsible to enforce prison or
jail discipline.
 SECURITY GROUPS:
 Escort Platoon  Security Platoon
 Escort Section – to  a three (3) working
escort inmate upon platoon shifts
order of any judicial responsible for over
body; upon summon of all security of the jail
a court; or transfer to compound including
other penal institution gates, guard posts
 Subpoena Section – and towers. They
receives and distribute are also responsible
court summons, for the admitting
notices, subpoenas, etc and releasing unit
 REHABILITATION
PURPOSES GROUPS
 This group provides services
and assistance to prisoners
and their families to enable
them to solve their individual
needs and problems arising
from the prisoners’
confinement
 REHABILITATION
PURPOSES GROUPS
 Medical and Health Services Branch

 Work and Education Therapy Services

 Socio- Cultural Services

 Chaplaincy Services

 Guidance and Counseling Services

Medical and Health Services
Branch
 Provides medical and physical
examinations of inmates upon
confinement, treatment of sick inmates
and conduct medical and physical
examinations and provide medicines or
recommends for the hospitalization of
seriously ill prisoners or inmates. It
also conducts psychiatric and
psychological examinations.
 Work and Education
Therapy Services
 It take charge of the job and
educational programs needed for
rehabilitation of inmates by providing
them job incentives so they can earn
and provide support for their families
while in jail.
 Socio- Cultural Services
 It takes care of the social case work
study of the individual prisoners by
making interviews, home visits,
referral to community resources, free
legal services, and liaison works for
the inmates.
 Chaplaincy Services
 It takes charge of the religious
and moral upliftment of the
inmates through religious
services. This branch caters to
all religious sects.
 Guidance and Counseling
Services
 Responsible for the individual and
group counseling activities to
help inmates solve their
individual problems and to help
them lead a wholesome and
constructive life.
 THE RECEPTION AND
DIAGNOSTIC CENTER (RDC)
 This is a special unit of prison (Camp
Sampaguita) where new prisoners
undergo diagnostic examination,
study and observation for the
purpose of determining the programs
of treatment and training best suited
to their needs and the institution to
which they should be transferred.
RDC is composed of the
following staff members:
 Psychiatrist –  Sociologist – study
responsible in the the social case
examination of the situation of the
prisoner’s mental and individual prisoner.
emotional make-up.  Chaplain –
 Psychologist – encourage the
responsible to prisoner to
conduct study on the participate in
character and religious activities
behavior of the
prisoners
RDC is composed of the
following staff members:
 Educational  Vocational
Counselor – Counselor – to test
conducts orientation the prisoner’s special
classes in order to abilities, interest and
change inmates’ skills and
attitude towards recommends for the
education and vocational course
recommends best suited to the
educational program prisoner.
for the prisoner.
RDC is composed of the
following staff members:
 Medical Officer –  Custodial-
conducts physical Correctional
examination and Officer –
recommends medical recommends the
treatment of transfer and type of
prisoners. custody of inmates.
 THE QUARANTINE CELL OR
UNIT
 This may be a unit of the prison or a
section of the RDC where the prisoner
is given thorough physical
examination including blood test, x-
rays, vaccinations and immunity. This
is for the purpose of insuring that the
prisoner is not suffering from any
contagious disease, which might be
transferred to the prison population.
 ADMISSION PROCEDURES
IN PRISON
 RECEIVING
 CHECKING OF COMMITMENT
 IDENTIFICATION
 SEARCHING
 BRIEFING AND ORIENTATION
RECEIVING
 the new prisoner is received at the
RDC. The new prisoner usually comes
from a provincial or city jail where he
was immediately committed upon
conviction by the court, and escorted
by the escort platoon during his
transfer to the National Prison.
 CHECKING OF COMMITMENT
PAPERS
 the receiving officer checks the
commitment papers if they are in
order. That is, if they contain the
signature of the judge or the
signature of the clerk of court, and
the seal of the court.
 IDENTIFICATION
 the prisoner’s identity is
established through the picture and
fingerprint appearing in the
commitment order. This is to
insure that the person being
committed is the same as the
person being named in the
commitment order
 SEARCHING
 this step involves the frisking of the
prisoner and searching his personal
things. Weapons and other items
classified as contraband are
confiscated and deposited to the
property custodian. Other properties
are deposited with the trust fund
officer under recording and receipts.
 BRIEFING AND ORIENTATION
 the prisoner will be brief and
oriented on the rules and
regulations of the prison before he
will be assigned to the RDC or the
quarantine unit.
ORIENTATION PROCEDURES
IN PRISON
 Giving the  Conducting group
prisoners a meeting of the
booklet of rules center to explain
and regulations to the inmates the
and explaining available
the rules to them. treatment
programs and the
purpose of these
treatment
programs.
ORIENTATION PROCEDURES
IN PRISON
 Holding sessions
with the members
of the Center’s
staff to explain
what the inmates
should do in order
to profit most
from their
experiences.
  
THE TREATMENT PROGRAMS
 The Philippine Prison System adopted two
approaches in treating criminal offenders.
These are the Institution-Based Treatment
Programs and the Community-Based
Treatment programs.
 These programs aimed towards the
improvement of offenders attitude and
philosophy of life, the main goal being the
ultimate rehabilitation of offenders by
changing inmates attitude
 The Institutionalized
Treatment Programs
 PRISON EDUCATION
 WORK PROGRAMS
 RELIGIOUS SERVICES IN PRISON
 RECREATIONAL PROGRAMS
 MEDICAL AND HEALTH SERVICES
 COUNSELING AND CASEWORK
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.
 The first legal recognition of education
in prison was in 1847, New York
Reformatory
 Objective of Prison
Education:
 To return the  To give them
prisoner to knowledge and
society with a develop their
more wholesome skills to maintain
attitude towards themselves and
living, their dependents
 To conduct through honest
themselves as labor.
good citizens,
Classes of Prison Education
 General and  Vocational Education
Academic  Institutional
Education maintenance works
 the objective of and industrial
which is to projects. The purpose
eradicate illiteracy of which is to provide
among prisoners. prisoners necessary
This could be the skills for successful
best contribution of works in a socially
correctional system acceptable occupation
can offer to society. after their release.
Classes of Prison Education
 Vocational  Physical
Courses may Education
include:  designed for
 Radio Mechanics, those who have
Auto Mechanics, physical
Horticulture, disabilities.
Shoemaking,
Tailoring,
Carpentry,
Electronics, etc.
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:
 Educational  Maintenance
Assignments - Assignment – this
prisoners maybe assignment involves
labor related to care
assigned to either
and up keeping of
general the institution
education, properties.
vocational or  Agricultural and
physical Industrial
education. Assignments
 Classification of Prison Work
Programs:
 Unassignable –  Female prisoners
Prisoners who are shall be assigned
nearly to leave the to work on jobs
institution, awaiting
transfer, those in
suitable to their
disciplinary status, and age, sex and
those who are physical conditions.
chronically ill with Prisoners over 60
mental disabilities are years of age may
considered be excused from
unassignable prisoners.
hard work.
Religious Services in Prison
 The purpose of this program is to
change the attitudes of inmates by
inculcating religious values or belief.
 Function of Chaplain
 Conduct communion and confession
to inmates,
 Conduct religious ministry such as
preaching the Bible,
 Conduct private and personal
counseling in the form of inmate
interview.
 Other chaplaincy services
 Administrative Function of the
Chaplain:
 Member of the RDC staff,
 Member of the Classification
Committee,
 Render Evaluation to the BPP. 
Recreational Programs
 The only program that is conducted
during free time schedule.
 Objectives:
 Mental and Physical Development
 Help prisoner to become aware of their
individual conditions to provide them a
method of improvement
 Development of cooperative competitions,
 Arouse the interest of the prisoners in
recreational programs.
Activities may include:
 Athletics/ sports, music and arts,
social games, special activities on
special events, etc.
Medical and Health Services
Medical and health services includes:
  Mental and physical examination
 Diagnosis and treatment
 Immunization
 Sanitary inspections
 Participation in training
Counseling and Casework
 Objectives of Counseling:
 Immediate solution of specific
personal problem,
 Help inmates to increase self
understanding,
Objectives of Casework:
 To obtain clear description of social history,
 Solving immediate problems involving family
problems or other personal relationship,
 Assist inmates towards acceptable solutions,
 Support inmates, who are nearly release by
giving them guidance or information,
 Professional assistance to offenders on
probation or parole.
 Community-Based
Treatment Programs
 The Community-Based Treatment
Programs are those programs that
are intended to treat criminal
offenders with in the free community
as alternatives to confinement. It
includes all correctional activities
directly addressed to the offender and
aimed at helping him to become a
law-abiding citizen
 Basic Principles Underlying the
Philosophy of Community-Based
TPs
 Humanitarian Aspect
 Restorative Aspect
 Managerial Aspect
Humanitarian Aspect
 Imprisonment is not always
advisable. Placing a person to
custodial coercion is to place him in
physical jeopardy, thus drastically
narrowing his access to sources of
personal satisfaction and reducing his
self-esteem.
Restorative Aspect
 There are measures expected to be
achieved by the offender, such as an
establishment of a position in the
community in which he does not
violate the laws. These measures
may be directed at changing and
controlling the offender. The failure of
the offender to achieve these can
result to recidivism
Managerial Aspect
 Managerial skills are special
importance because of the sharp
contrast between the per capital cost
of custody and any kind of
community program. It is easier to
manage those undergoing community
based treatment programs than that
of custodial control.
Forms of Community-Based
Programs
 Probation
 Parole
 Conditional Pardon
PROBATION
 – It is a disposition whereby a
defendant, after conviction of an
offense, the penalty of which does
not exceed 6 years of imprisonment,
is released subject to the conditions
imposed by the releasing court and
under the supervision of a probation
officer
 Probation is a substitute for
imprisonment, the probationer is
compared to an out-patient, a sick
person who does not need to be
hospitalized because his illness is
considered less serious.
 Presidential Decree 968 otherwise
known as the “Philippine Probation
Law” approved and took effect on
July 24, 1976. Section 18, PD 968 as
amended states the creation of
Probation Administration under the
DOJ, which shall exercises general
supervision over all probationers.
The Advantages of Probation
 The convicted criminal offender can
continue to work in his place of
employment.
 It prevents the tendency of broken
homes.
 It relieves prison congestion.
PAROLE
  Parole is the process of suspending
the sentence of a convict after having
served the minimum of his sentence
without granting him pardon, and
prescribing the terms upon which the
sentence shall be suspended. (Cirilo
Tradio).
PAROLE
 It is a procedure by which prisoners
are selected for release and a service
by which they are provided with the
necessary controls, assistance and
guidance as they serve the remainder
of their sentence in the free
community. (Charter and Wilkins).
PAROLE
 It is a decision by an authority constituted
accordingly by statute to determine the
portion of the sentence, which the inmate
can complete outside of the institution. It
is the status of serving the remainder of
the sentence of a convict in the
community in accordance with the rules
and regulations set-up by the Board of
Parole. (Correctional and Parole
Administration).
 * Parole is not a reward per se for
good behavior but rather, it is a
follow-up of his institutional program.

 * Parole is not claimed as a right but

it is granted be Board as a privilege
to a qualified prisoner.
The Board of Pardons and
Parole (BPP)
 A quasi-judicial body which was
created under Act no. 4103 otherwise
known as the Indeterminate Sentence
Law or the Parole Law, the agency
that grants parole to any prisoner who
is qualified to enjoy its benefit.
 It employs the service of Parole
Officers in providing supervision and
guidance to parolees.
Organization of the BPP:
 The chairman is the Secretary of DOJ.
Four members are appointed by the
president with the consent by the
Commission on Appointments to
serve a term of six (6) years. One
must be trained Sociologist, a Clergy
or an Educator, a Psychiatrist or any
other member qualified by training or
experience. At least one is a woman.
 
Who are disqualified for Parole?
 Those prisoners who  Those who escaped from
are sentenced with confinement or evaded
capital punishment or sentence,
life imprisonment,  Those who have been
 Those who are granted with conditional
convicted of treason, pardon but violated the
conspiracy or proposal terms and conditions
to commit treason, thereof, and
misprision of treason,  Those prisoners who are
rebellion, sedition or serving a maximum term
piracy, of imprisonment not
 Habitual Offenders, exceeding one year
CONDITIONAL PARDON
 Conditional pardon  It is a kind of
serves the purpose pardon under
of releasing, through
which a convict is
executive clemency,
a prisoner who is required to
already reformed or comply with
rehabilitated but who certain
can not be paroled requirements.
because the parole
law does not apply
to him.
 Conditions usually imposed on
pardonees and parolees are the
following
 That he shall report to the
 That he shall live Municipal Judge of the
in his parole town where he will reside
residence and or to such officer as may
shall not change be designated by the
Executive Officer of the
his residence Board of Pardons and
during the period Parole once a month for
of his parole with the first year and
thereafter once every two
out consent of the
moths or as often as he
Board of Pardons may be required by the
and Parole. Parole Officer
 Conditions usually imposed on
pardonees and parolees are the
following
 That he shall not  That he shall permit the
indulge in any Provincial PNP Director,
any officer designated by
injurious habits the PNP or Executive
and shall avoid Officer of the Board to
places or persons visit him at reasonable
of disreputable or times at his place of
abode or elsewhere and
harmful shall truthfully answer
character. any reasonable inquiries
concerning his conduct
or conditions.
 Conditions usually imposed on
pardonees and parolees are the
following
 That he shall not  That he shall
commit any crime and
comply with such
shall conduct himself
in an orderly manner. orders as Board
 That he shall pay not or its Executive
less than P50.00 a Officer may make
month to the cashier from time to
of the DOJ in payment
time.
of the indemnity
imposed upon him.
  
Distinction of Parole from
Probation
PAROLE PROBATION
 An administrative  It is a judicial function
function exercised by
the executive branch
of government
 Granted to an
 Granted to a prisoner offender Immediately
only after he has after conviction (w/in
served minimum of 15 days after the
his sentenced in decision was
prison rendered)
  
Distinction of Parole from
Probation
PAROLE PROBATION
 It is an extension of  It is a substitute for
institutional imprisonment
treatment program
 It is granted by the  It is granted by court
BPP
 Parolee is supervised
 Probationer is
is supervised by supervised by a
Parole Officer Probation Officer

204
 Forms of Executive Clemencies
Related with the Treatment of
Convicted Individuals

AMNESTY COMMUTATION
 a general pardon  an act of the president
changing/ reducing a
extended to a group
heavier sentence to a
of person, such a lighter one or a longer
political offenders term into a shorter term.
purposely to bring It may alter death
about the return of sentence to life sentence
or life sentence to a term
dissidents to their of years. It does not
home and to restore forgive the offender but
peace and order in merely to reduce the
the community. penalty pronounced by the
court.
 Forms of Executive Clemencies
Related with the Treatment of
Convicted Individuals

REPRIEVE PARDON
 a temporary stay of the  an act of grace
execution of sentence especially extended to
the execution of the Death
Sentence. prisoners as a
 Generally, reprieve is extended matter of right,
to prisoner sentenced to death. vested to the
The date of execution of Chief Executive
sentenced is set back several (The President)
days to enable the Chief to study
as a matter of
the petition of the condemned
man for commutation of power.
sentenced or pardon
Purposes
 To break the rigidity of law,
 To extend parole in cases where the
parole law does not apply,
 To save the life of a person sentenced
to death.
TWO KINDS OF PARDON

CONDITIONAL ABSOLUTE
 a pardon given with
 a pardon given
requirements
attached. without any condition
attached.
Purposes of Absolute Pardon:
 To do away with the miscarriage of
justice,
 To keep punishment abreast with
current practice of Criminal Justice
Administration,
 To restore full political and civil rights
of offenders who have already served
their sentence and have waited the
prescribed period
Limitations of the Pardoning
Power of the President:
 Pardon can not be extended in a case
of impeachment.
 No pardon, parole or suspension of
sentence for the violation of any
election law may be granted without
favorable recommendation of the
COMELEC.
 Pardon is exercised only after
conviction.
 Effects of Pardon
 A pardon does not  It does not
restore the right to exempt the
hold public office culprit from
or the right of
suffrage, except
payment of
when such rights indemnity.
are expressly
restored by the
terms of pardon.
Can the Offended Party grant
Pardon?

Yes, the offended

party can grants
pardon.
 Distinction of the pardon by the
Offended Party
And Pardon Granted by the President

 Pardon granted by the Chief Executive

extinguishes the criminal liability of the
offender, but not in the pardon granted
by the offended party.
 Pardon granted by the Chief Executive
does not include civil liability, which the
offender must pay, while pardon granted
by the offended party can waive the civil
liability, which the offender must pay.
 Distinction of the pardon by the
Offended Party
And Pardon Granted by the President

 Pardon granted by the offended party

should be given before the
prosecution of the criminal action,
whereas pardon by the Chief
Executive may be extended to any of
the offenders after conviction.
 Distinction between
Amnesty and Pardon
 Pardon – includes any crime and is
exercised individually by the
President. It is exercised when the
person is already convicted. It looks
forward and forgives the offender
from the consequences of an offense
of which he has been convicted, that
is it abolishes or forgives the
punishment.
 Distinction between
Amnesty and Pardon
 Amnesty – a general pardon
extended to a class of persons or
community who may be guilty of
political offenses. It may be exercised
even before trial or investigation. It
looks backward and puts into oblivion
the crime that has been committed.
It is proclamated by the President
with the concurrence of congress.
 Supervision of Offenders in
Community-Based Treatment
Programs
 The Parole and Probation Administration
 The PPA mandated by law to administer the
Probation and Parole System. It is the agency of
the government that supervises 1) Probationers, 2)
Parolees, and 3) Pardonees.
 It is also authorized by law to employ citizens of
good repute and probity to act as Volunteer
Probation Aids (VPA) whose role is to assist
Probation Officers in the supervision of
probationers and parolees
 The Volunteer Probation Aids (VPA)
 INSTITUTIONAL
CUSTODY, SECURITY AND
CONTROL

Diversification: Concept and

Importance