Corad 101-102

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•CORRECTIO

NAL
ADMINISTRA
CORRECTION
 it undertakes the reformation and
rehabilitation of offenders for their eventual
absorption into the social and economic
streams of the community, through
institutional and non-institutional or
community-based treatment programs.
 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 systematic
management of jails or prisons and other
institutions concerned with the custody,
treatment, and rehabilitation of criminal
offenders
 also synonymous with Penal/Jail
Management, which defined as the manner
or practice of managing or controlling places
of confinement as in jails or prisons
PENOLOGY
 from the Latin “poena”; Greek “poine” means
"punishment" and the Greek suffix - logia, "study of“.
 A division of criminology that deals with prison
management and the treatment of offenders and
with the philosophy and practice of various societies
in their attempts to repress criminal activities, and
satisfy public opinion via an appropriate treatment
regime for persons convicted of criminal offences.
 It is also known as Penal Science
 It is the study of punishment for crime or of criminal.
PUNISHMENT
• the authoritative imposition of an
undesirable or unpleasant outcome
upon a group or individual, in
response to a particular action or
behavior that is deemed unacceptable
or threatening to some norm.
• the redress (reparation) that the state
takes against an offending member of
society that usually involves pain and
suffering. 
• the penalty imposed on an offender
for a crime or wrongdoing.
Ancient Forms of Punishment

1. Death Penalty
• effected by burning, beheading,
hanging, breaking on the wheels and
other forms of medieval executions.
Ancient Forms of Punishment:

1. Death Penalty
a. Instant Death – b. Lingering Death – a slow
hanging, beheading, death, often preceded by
and garroting were torture.    Offenders who
the most common were to be hanged
means of merciful sometimes had their arms
death. and legs broken first;
others were whipped or
burned.
Ancient Forms of Punishment:

2. Physical Torture
• effected by
maiming/
mutilation,
flogging/whipping
and other
inhumane or
barbaric forms of
inflicting pain. 
Ancient Forms of Punishment:

2. Physical Torture
I. Iron Maiden was a
hollow form shaped like
a human and made of
an iron braced with iron
strips used in torturing
suspect to admit the
crime he committed. In
this process, the more
he denied, the more he
will sacrifice to death;
Ancient Forms of Punishment:

3. Public Humiliation
• putting the offender into
shame.

a. Stocks held a prisoner in a sitting


position, with feet and hands
locked in a frame.   

b. Pillory was made to stand with


his or her head and hands locked
in place, prisoners   were
frequently pelted with eggs and
rotten fruit.
Ancient Forms of Punishment:

3. Public Humiliation
• putting the offender into
shame.

a. Furca, a V-shaped yolk


worn around the neck and
where the outstretched
arms of the convict were
tied.
Ancient Forms of Punishment:

4. Banishment or Exile
• the sending or putting away of
an offender which was carried
out either by prohibition against
coming into a specified territory
such as an island to where the
offender has been removed.
• Act of compelling a person to
leave the country in which he
resides and of which, usually, he
is a citizen.
Ancient Forms of Punishment:

5. Branding
• Criminals were
branded with a mark
or letter signifying
their crimes. 
• Brands, which were
often placed on the
forehead or another
part of the face,
served to warn others
of an offender’s
criminal history.
Ancient Forms of Punishment:

6. Transportation
• relocation of
criminals to one of
the colonies.
Ancient Forms of Punishment:

7. Slavery
• The denial of the
natural right of a
person to do as he
pleases and it
consisted in the
subjection of an
individual to the
ownership of
another
Ancient Forms of Punishment:

8. Imprisonment
• Early used of prison was
also observed, like –
Underground Cistern,
used to detain
offenders undergoing
trial in some cases and
to hold sentenced
offenders where they
were starved to death;
Ancient Forms of Punishment:

• Ergastulum, used to
confine slaves where
they were attached to
workbenches and
forced to do hard labor
in the period of their
imprisonment.
Ancient Forms of Punishment:

Gaols
 are poorly constructed,
unsanitary dump,
airless, gloomy
dungeons, foul smelling
places of detention in
England in the  early
eighteenth century. 
 In this place, the inmates
are poorly clothed,
without privacy, and the
conditions so deplorable
that diseases thrive
Ancient Forms of Punishment:

Prison Hulks
 A prison hulk was a hulk
used as a floating prison.
 This was known as
“floating hells.”
 Old sailing ships (usually
warship) that are no longer
used for sea voyages or
naval operations, but are
anchored in some English
port, where they were
used as a prisons or places
of confinement of
convicted criminals.
Ancient Forms of Punishment:

Galleys
 are long, low, narrow, single
decked ships propelled by
sails, usually rowed by
criminals when they are
meted a sentence of
transportation and sent to
other territories and
continents
 a type of ship used for
transportation of criminals
in the 16th century.
 Also known as “floating
hells”
Ancient Forms of Punishment:

Sing Sing Prisons


 It was build by ELAN LYRD in 1825.
 It the real prison model where strict silence was
enforced among the inmates that even the
movement of their lips would result them to being
beaten and flogged.  
 Became famous in the world because of the Sing Sing
bath which was inflicted aside from the floggings,
denial of reading materials and solitary confinement. 
 The shower bath was a gadget so constructed as to
drop a volume of water on the head of a locked
naked offender.  The force of icy cold water hitting
the head of the offender caused so much pain and
extreme shock that prisoners immediately sank into
coma due to the shock and hypothermia or sudden
drop in body temperature.
Ancient Forms of Punishment:

First House of Correction –


Bridewell (1552)
 England obtain its first house
of corrections about the year
1552, when the authorities
of London, England, selected
what had began a place in St.
Bridget’s Well (later called
Bridewell) for locking up,
employing, and whipping
beggars, prostitutes and
night walkers of all sorts.
Ancient Forms of Punishment:

Shot drill
 a form of punishment
inflicted to prisoners by
carrying heavy loads
from one place to
another and then
returned to the same
place over and over
again everyday.
Ancient Forms of Punishment:

Treadmill
 a form of punishment
where the prisoner was
continually made to
constantly climb the
stairs;
Ancient Forms of Punishment:

American Siberia
 prisoners were
subjected to a
sweat box, in
which
prisoners were
put in a steel
box under the
heat of the
sun.
Justification of Punishment
1. Retribution
• Sometime termed as Retaliation.
• The offender should “pay back” society for the
harm he /she has done
• “Let the punishment fit the crime”, which is the
principle that the severity of penalty for a
misdeed or wrongdoing should be reasonable
and proportionate to the severity of the
infraction.
Justification of Punishment
2. Expiation or Atonement
• Punishment in the form of group vengeance
where the purpose is to appease the offended
public or group. 
Justification of Punishment
3. Deterrence
• punishment gives lesson to the offender by
showing to others what would happen to them if
they violate the law.
• This is based on the idea that punishment of an
individual offender will deter him from
committing the same or other offenses in the
future (specific deterrence) and will convince
others that “crime does not pay” (general
deterrence).
Justification of Punishment
4. Incapacitation and Protection
• punishment is effected by placing offenders in
prison so that society will be secured from their
further criminal activities.
Justification of Punishment
5. Reformation or Rehabilitation
• the establishment of the usefulness and
responsibility of the offender to renew him as a
law – abiding citizen and productive member of
the society upon his release
Theories in Justification of Penalties

1. Prevention
• the state must punish the criminal to prevent or
suppress the danger to the state arising from the
criminal acts of the offender.

2. Self Defense
• the state has the right to punish the criminal as a
measure of self – defense so as to protect society
from the threat and wrong inflicted by the
criminal.
Theories in Justification of Penalties

3. Reformation
• the object of punishment in criminal cases is to correct and
reform the offender

4. Exemplarity
• the criminal is punished to serve as an example to deter
others from committing crimes.

5. Justice
• the criminals must be punished by the state as an act of
retributive, a vindication of absolute right and moral law
violated by the criminal.
Display of Punishment:
In the Bible:

1st – when the Godhead discovered the plan of Satan (doubter) to


snatch the thrown of heaven from Him, He thrown Satan and
other angels out from heaven (extra – biblical sources)
2nd – when Adam and Eve broke the law of God, they were also
thrown out from Garden of Eden
3rd – when Cain murdered his brother Abel, God punished him by
placing mark on his brow. It was a cursed of God upon him
4th – God punished groups of people for gross violating God’s Law.
These were great flood which covered the Biblical World,
wherein it rained for forty (40) days and nights, and only Noah,
his family as well as the animals that were in the Ark survived
5th – the destruction of fire and brimstone at Sodom and Gomorrah
Early Forms of Prison Discipline

1. Hard Labor – productive works. 


2. Deprivation – deprivation of everything
except the essentials of existence.
3. Monotony – giving the same food that is “off
diet” or requiring the prisoners to perform
boring daily routine.
4. Uniformity – “we treat the prisoners alike”,
“the fault of one is the fault of all.
Early Forms of Prison Discipline

5. Mass Movement – mass living in cellblocks,


mass eating, mass recreation, mass bathing.
6. Degradation – uttering insulting words or
languages on the part of prison staff to prisoners
to degrade or break the confidence of prisoners 
7. Corporal Punishment – imposing brutal
punishment or employing physical force to
intimidate a delinquent inmate.
8. Isolation or Solitary Confinement – non-
communication, limited news, “the lone wolf”.
THE AGE OF ENLIGHTENMENT 

• The 18TH Century is a century of change and


considered as the age of enlightenment.
• It is the period of recognizing human dignity. 
• It is the movement of reformation, the period
of introduction of certain reforms in the
correctional field by certain person, gradually
changing the old positive philosophy of
punishment to a more humane treatment of
prisoners with innovational programs.
The Golden Age of Penology
 The period from 1870 to 1880 was considered the
golden age of penology because of the following
significant events:
– The National Prisons Association in 1870 was organized
in Cincinnati , Ohio ;
– The first international prison congress was held in 1872
at London which established the international penal
and penitentiary commission and in 1875, its
headquarters was established at Hague, the
Netherlands ;
– The Elmira Reformatory was established in New York in
1876. 
– The first separate institutions for women were
established in Indiana and Massachusetts.
Pioneers of Reformation:

Aristotle – (400 BC)


 an Athenian who first attempted to explain
crime in his book “Nicomedian Ethics”.
 in this book, he wrote about corrective justice,
stating that punishment is a means of restoring
the balance between pleasure and pain.
 he also explained the concept of restitution
when he postulated that corrective justice is a
means whereby the suffering of the victim is
compensated
William Penn (1614 – 1718)
 the Quaker leader of Pennsylvania passed
in 1682, the “Great  Law”, embodying the
comparatively humane Quaker criminal
code.
 Brought the concept of humanitarian
treatment of offenders
 Forbid torture and the capricious use of
mutilation and physical punishment
Charles Montesquieu (1689 – 1755)
 A founder of political science
 he is a French historian and philosopher who
analyzed law as an expression of justice.
 His philosophy centered on the social contract
whereby free independent individuals agree to
form a community and to give a portion of
their individual freedom to benefit the security
of the group.
 He also criticized inhumane punishment and
argued that punishment should fit the crime
Voltaire (1694 – 1778)
 also known Francois Marie Arouet
 he was the most versatile of all
philosophers during the period. 
 he believes that fear of shame was a
deterrent to crime. 
 he fought the legality-sanctioned practice
of torture.
John Howard (1725 – 1790), England
 he was sheriff of Bedfordshire in 1773 who
devoted his life and fortune to prison
reform
 “father of prison reform”
 he was the person responsible in presenting
the terrible and harsh conditions of English
Gaols to the authorities
 he was the first who advocated the
establishment of a penitentiary
 Coined the term “penitentiary”
 after his findings on English Prisons, he
recommended the following:
a) single cells for sleeping,
b) segregation of women,
c) segregation of youth,
d) provision of sanitation facilities,
e) abolition of fee system by which
jailers obtained money from prisoners
 he was the greatest penal reformer
Sir William Blackstone
 he authored the Penitentiary Act of 1779,
based on the published work of John
Howard with respect  to prison reforms. 
This was the first law for the creation of
penitentiary houses 
Jeremy Bentham (1748 – 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 designed the “PANOPTICON
Model”, a prison that consists a large
circular building containing multi – cells
around the periphery.
Panopticon
 Or inspection prison house
 A building plan made by
“Jeremy Bentham”
 A tank like structure,
covered by a glass roof. The
cells were to be arranged
around a central apartment
from which the custodians
could keep all cells under
close observation
 Adopted by Jacques Villain
in 1771 and applied it to the
Prison of Ghent in Belgium
Cesare Beccaria (1738 – 1794)
 In his book, “On Crimes and Punishment”, gave one of
the first breakthrough in the laying of the foundations
of criminal science.
 He believed that the only justification of legal
punishment was the protection of the society by
prevention of crime and that the principle of uniform
maximum severity, particularly by capital punishment,
was wrong and ineffective.
 Concluded that in order that “punishment may never
be an act of violence committed by one or many against
a private citizen, it is essential that it be public, speedy
and necessary, as little as the circumstances will allow,
proportionate to the crime and established by law”.
Jacques Vilain
 He established the Prison of Ghent in the
city of Ghent , Belgium in 1771. 
 In this house of correction, the prisoners
were more systematically classified;
women and children were kept in separate
cells and the inmates were taught useful
trades.
 He is considered the FATHER OF
PENITENTIARY SCIENCE.
Manuel Montesinos
 The Director of Prisons in Valencia, Spain
(1835) who divided the number of
prisoners into companies and appointed
certain prisoners as petty officers in
charge, which allowed good behavior to
prepare the convict for gradual release.
Alexander Maconochie
 he is the Superintendent of the penal
colony at Norfolk Island in Australia (1840)
 who introduced the “Mark System”.
Maconochie’s Mark System
 Introduced by Capt. Alexander Maconochie of the
English Royal Navy after being appointed to the Norfolk
Island Penal Colony in 1840
 A system in which a prisoner is required to earn a
number of marks based on proper deportment, labor
and study in order to entitle him for a ticket for leave or
conditional release which is similar to parole.
 Fundamental principle of this system was based on the
substitution of a specific task for the customary time
sentence. So instead of requiring the convicts to serve a
fixed term, Maconochie gave them an opportunity to
reduce their sentences. Each prisoner upon arrival at the
Norfolk Island was debited with a number of marks
proportional to the seriousness of his offense.
Walter Crofton
 He is the Director of the Irish Prison in 1854
 who introduced the Irish System that was
modified from the Maconochie’s Mark
system, which later called the “progressive
human system”
The Irish System
 The stages:
a. First, the prisoner must serve twelve months of
solitary confinement
b. Second, work in association with other convicts,
chiefly on outdoor or public works
c. Third, conditional release for a period of remission
earned by hard work and good conducts which
was always liable for revocation
d. Crofton added a FOURTH, which was known as
INTERMEDIATE PRISON, in this stage, which was
never less than six months, the prisoners lived in
comparative freedom under the supervision of a
few armed guards. They worked together and
were housed in unlocked portable house/huts
Zebulon Brockway
 Believed that the reformation of prison
inmates could be more successful through
education and retraining than through
punishment and repression
 The first Director of Elmira Reformatory in
New York (1876)
 Developed education as the institution’s
keystone
ELMIRA REFORMATORY
Built in 1876 in Elmira, New York, was considered as
based on the idea of Brockway’s new concept of a
correctional institution.
The Elmira Reformatory is considered forerunner of
modern penology because it had all the elements of
a modern system with certain innovational programs
like the following: training school type, compulsory
education of prisoners, social casework, and
extensive use of parole.
ELMIRA REFORMATORY
Elmira Correctional Facility, also known as "The Hill“
By 1930, it was referred to generally as a “Junior
Prison” wherein it became the prototype institution
conceived as a remedy for youthful offenders.
Sir Evelyn Ruggles Brise
 The Director of the English Prison who
opened the Borstal Institution for young
offenders.
 After visiting Elmira Reformatory in 1897,
he established the Borstal Institution at
England and is considered as the best
reform institution for young offenders
which was based entirely on individualized
treatment, both in the institution and
during the period of aftercare
New York House of Refuge
• the first juvenile reformatory which was
opened in January 1825 and located in New
York City;
• its purpose was to protect children from
degrading association with hardened
criminals in the country and state prison.
Boston, founded its house of refuge in 1826
and Philadelphia in 1828. New Orleans
erected its Municipal Boys’ Reformatory in
1845 and Massachussettes in 1847.
Frederic – Auguste Demetz of France
 A person who established an agricultural
colony for delinquent boys in 1839. The
boys were housed in cottage with
housefathers as in charge. The system was
based on re-education rather than force.
When discharged, the boys were placed
under the supervision of a patron.
The First English Prison
 due to the effort and revelations
of the terrible conditions of
English gaols crusader, John
Howard and the new theories,
the construction of the Milbank
Penitentiary was started in
1812, and was finished in 1821
as the first English Prison. 
 Was a huge, gloomy and many
towered prison, which looked
like a thick – spoke wheel,
containing three miles of
corridors and hundreds of cells
The Two Rival Prison Systems
in the History of Correction
1. Auburn Prison
 Enforced a system called “congregate system”, wherein
the prisoners are confined in their own cells during the
night and congregate work in shops during the day
 Complete silent was enforced. 
2. Pennsylvania Prison
 Enforced a system called “solitary system”, wherein
prisoners are confined in single cells day and night where
they lived, slept, ate and receive religious instructions.
 complete silence was also enforced
 they are required to read the Bible
The Walnut State Prison
 The first prison in the United State was the
Walnut Street Jail in Philadelphia, which
was converted into a state prison by virtue
state laws approved from 1789 to 1794.
 It establishes the principle of solitary
confinement by the construction of an
additional building which houses the worst
type of prisoners in separate cells.
PHILIPPINE
CORRECTIONAL SYSTEM
Philippine Correction System
• Composed of the institutions in the government,
civil society, and the business sector that are
involved in the confinement, correction, and
restoration of person charged with or convicted of
delinquent acts or crimes. The public sector
formulates sound policies and delivers direct
correctional services; the civil society provides
support services, advocacy, and social
mobilization; and the business sector offers
opportunities for improved efficiency and public
sector exit options
Corrections
• The fourth pillar of the Philippine Criminal
Justice System composed of two major and
equally significant components:
a) Institution – Based Corrections
(Institutional Corrections)
b) Community – Based Corrections (Non
– Institutional Corrections)
Two Systems-Based Approaches to Corrections:

1. Non – Institutional Approach (Community –


Based Treatment)
– a convicted person is allowed to serve his
sentence in the community (outside the prison)

2. Institutional – Based Approach


– a convicted person will serve his sentence in the
institutional institution (inside the prison)
The Correctional System in the Philippines
is composed of six agencies under three distinct
and separate departments of the national
government:

1. DEPARTMENT OF INTERIOR AND LOCAL


GOVERNMENT
• under this are the Bureau of Jail Management
and Penology (BJMP) which runs the city,
municipal, and district jails; and the provincial
jails through their respective provincial
governments.
The Correctional System in the Philippines
is composed of six agencies under three distinct
and separate departments of the national
government:

2. DEPARTMENT OF SOCIAL WELFARE AND


DEVELOPMENT
• under this is Juvenile and Justice Welfare
Council which takes care of sentenced but
suspended children in conflict with the law.
The Correctional System in the Philippines
is composed of six agencies under three distinct
and separate departments of the national
government:

3. DEPARTMENT OF JUSTICE
• under this are the Bureau of Corrections,
Parole and Probation Administration and the
Board of Pardons and Parole which takes
care of national prisoners.
Department of Justice (DOJ)
• Under the Department of Justice, the
offices that are tasked to carry out the
mission of corrections rest with:

1. Bureau of Corrections (BuCor),


2. Board of Pardons and Parole (BPP), and
3. Parole and Probations Administration
(PPA).
Bureau of Corrections (BuCor)
• The principal task is the rehabilitation of national prisoners.

Board of Pardon and Parole


• recommends to the President the prisoners who are qualified for
the grant of executive clemency and also grant parole to qualified
prisoners.
Parole and Probation Administration
• It conducts post – sentence investigation of petitioners for
probation as referred by the courts, as well as pre – parole or pre –
executive clemency investigation to determine the suitability of the
offender to be reintegrated in the community instead of serving
their sentence inside an institution or prison.
• exercises general supervision over all parolees and probationers
and promotes the correction and rehabilitation of offenders
outside the prison institutions.
Department of the Interior and Local
Government (DILG)
• It manages inmates who are undergoing
investigation, awaiting or undergoing trial,
awaiting final judgment, and those who are
convicted by imprisonment of up to three
years.
• Under this department are:
1. Bureau of Jail Management and Penology
(BJMP),
2. Provincial Local Government Unit.
3. Philippine National Police (PNP)
Bureau of Jail Management and Penology
• take charge of all district, city and municipal
Jails

Provincial Local Government Unit


• Operates the provincial jails

Philippine National Police


• It maintains detention facilities in its different
police stations
Department of Social Welfare and
Development (DSWD)

• operates Regional Rehabilitation Centers and


assumes responsibility for the restorative part
of the corrections system by maintaining
centers for the care and restoration of abused
women and children who are in conflict with
the law.
INSTITUTIONAL
CORRECTION
Institution-based Correctional Practices

Offenders  found guilty and sentenced by the


courts for confinement are categorized based on
their length of sentence into either a municipal,
city, provincial or national prisoner and they will
be sent accordingly to either a municipal, city,
provincial jails or national prison facilities based
on these categorizations.       
Two(2) General Classes of Inmates:
1. Prisoner
2. Detainee

Prisoner
• An inmate who is convicted by final judgment.

Detainee
• An offender who is accused before a court of law or
competent authority who is under preventive
imprisonment or temporarily confined in jail or prison
while undergoing investigation or trial or awaiting final
judgment;
Four Classification of Prisoners:
1. Insular/national prisoners
2. Provincial prisoners
3. City prisoners
4. Municipal prisoners

Types of Detainees:
5. Undergoing investigation
6. Undergoing trial
7. Awaiting final judgment/sentencing
Insular/National prisoners
 those whose sentence is more than three years and are sent to
the BUCOR. (3 years and one day to life imprisonment/death)
Provincial prisoners
 those sentenced to six months and one day up to three years
of  imprisonment and sent to serve in the Provincial jails
having jurisdiction of their sentence.
Municipal prisoners
 those sentenced up to six months (1 day to 6 months) of
imprisonment and will serve time at the jail of the municipality
where the offender is convicted.
City prisoners
 those who were convicted in city courts and sentenced to a
maximum of three years will be sent to serve their time in City
jails and District jails in some clustered areas. (in effect, city
jails are the same as a municipal and provincial jail combined)
Different Penal Facilities
that Operates Nationwide
Different Penal Facilities
that Operates Nationwide

A. Prisons and Penal Farms


B. Provincial Jails
C. Municipal, City, District Jails
D. Regional Rehabilitation Center for CICL
“Prison”
• Any correction facility managed by the
BUCOR to safekeep and rehabilitate
the prisoner convicted by the final
judgment, whose sentence exceeds
three (3) years, or who is sentenced to
serve two (2) or more prison terms and
who aggregated sentences exceed
three (3) years;
“Jail”
• A detention or correctional facility
managed by the BJMP or the local
government unit mandated by law to
safekeep and rehabilitate a prisoner
who is under preventive of
imprisonment or who is sentenced to
not more than three (3) years of
imprisonment by order of a court of a
law or competent authority;
Different Penal Facilities that Operates Nationwide

A. Prisons and Penal Farms


• There are seven (7) correctional facilities
located nationwide under the direct
supervision and control of the Bureau of
Corrections, they are the following:
1. New Bilibid Prison (NBP) in Muntinlupa City
2. Correctional Institution for Women (CIW) in
Mandaluyong City (the other one in
Mindanao)
Different Penal Facilities that Operates Nationwide

3. There are five (5) Prisons and Penal Farms situated in


the different provinces outside Metro Manila. These
are administered and managed by the Penal
Superintendent:
3.1. Iwahig Prison and Penal Farm in Puerto Princesa
City, Palawan;
3.2. Leyte Regional Prison in Abuyog Leyte;
3.3. Sablayan Prison and Penal Farm in Sablayan,
Occidental Mindoro;
3.4. San Ramon Prison and Penal Farm in
Zamboanga City (Zamboanga del Sur); and
3.5. Davao Prison and Penal Farm, in Panabo, Davao
(Davao del Norte) 
Different Penal Facilities that Operates Nationwide

B. Provincial Jails
• The Provincial Jail System was first established in
1910 under the American regime. 
• Each of the country’s provinces has a Provincial Jail to
serve as penal facility for prisoners who are
categorized under the law as provincial prisoners and
all types of detainees.
• For provinces whose jails are overcrowded, a sub –
provincial jail was created
• Provincial Jails are under the supervision and control
of Provincial Governments and headed by a Provincial
Jail Warden. 
Different Penal Facilities that Operates Nationwide

• Although the Local Government Units, which include


the Provincial Government, are under the supervision
of the Department of Interior and Local Government,
the Provincial Jails operate independently and
autonomously from the Bureau of Jail Management
and Penology.

• The Memorandum-Circular dated March 7, 1994 issued


by the Secretary of Peace and Order of the Department
of Interior and Local Government regarding the Manual
of Operations for Provincial Jails are basically similar to
the correctional procedures and practices of the BJMP. 
Different Penal Facilities that Operates Nationwide

C. District, City and Municipal Jails


• The Bureau of Jail Management and Penology
(BJMP) of the Department of Interior and Local
Government (DILG) is an agency tasked under
the Corrections Pillar to supervise sentenced
municipal, city and district prisoners as well as
detainees whose cases are still pending in court.
• The methodology of its supervision is closely
patterned after that of the Bureau of
Corrections.
Different Penal Facilities that Operates Nationwide

D. Regional Rehabilitation Center for CICL


• These correctional facilities are maintained and
operated by the Department of Social Welfare and
Development (DSWD).
• a 24-hour residential care facility managed by the
Department of Social Welfare and Development
(DSWD), LGUs, licensed and/or accredited NGOs
monitored by the DSWD, which provides care,
treatment and rehabilitation services for Children
In Conflict with the Law (CICL).
Different Penal Facilities that Operates Nationwide

 There are ten (10) rehabilitation centers for youth


offenders; nine (9) of which are for boys while only
one (1) is for girls.
 Of the nine (9) centers for boys one is the National
Training School for Boys which also happens to be
the largest RRCY. This is located in Sampaloc,
Tanay, Rizal and it caters youth offenders coming
Regions IV, V and NCR.
 The only RRCY for girls is the National Training
School for Girls located at Marillac Hills, Alabang,
Metro Manila.
Different Penal Facilities that Operates Nationwide

The National Training School for Boys (NTSB)


• located in Barangay Sampaloc, Tanay Rizal
• a rehabilitation center for youth offenders, or
Children in Conflict with the Law (CICL) , that
provides them with therapy, counseling, non-
formal education and vocational skills training. 
• The vocational skills training program includes
welding, automotive repair, practical electronics,
computer literacy, and agro-farming, which are
conducted in the productivity center.
Different Penal Facilities that Operates Nationwide

National Training School for Girls


• Located in Marillac Hills, Alabang, Muntinlupa City,
Metro Manila.
• is a rehabilitation center for girls aged 7 to 17 years old
who are victims of abuse, exploitation, human trafficking
and in conflict with the law and have been turned over
by the courts to the Department of Social Welfare and
Development (DSWD).
• Through the partnership of the different government
agencies, private sector and generous individuals, the
temporary shelter provides quality formal elementary
and secondary education and proper counselling for the
residents.
Different Penal Facilities that Operates Nationwide
 The eight (8) other RRCYs are located in Barangay Urayong,
Bauang, La Union for those coming from Region I, II and the
Cordilleras;
 Barangay Ayala, Magalang, Pampanga for Region III;
 Nueva Valencia in the Island Province of Guimaras for Region
VI;
 Barangay Candabong, Argao, Cebu for Region VII;
 Barangay Sto. Nino, Leyte for Region VIII;
 Barangay Anastacio Polanco, Dipolog, Zamboanga del Norte for
Region IX;
 Gingoog City for Region X; and
 Barangay Bago Oshiro, Davao City for Region XI.
 Youth offenders from Caraga Region are sent either to Dipolog,
Gingoog or Davao depending on which is most accessible.
The difference between the Jail and the Prison:

JAIL PRISON
• cater offenders who are • Houses offenders who are
possibly faced with a finally convicted by the
penalty of not more than lower court and are awaiting
three years for the result of their appeal
• Under the DILG and those who are convicted
• Classified as: Municipal Jail, for more than three years
City Jail, District Jail, • Under the DOJ
Provincial Jail • Seven operating units of
BuCor
• Prison and Penal Farm
History
of
Correctional Institution
of
Bureau of Prison
Pre-Colonial and Spanish Regimes

• 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 cont…

• 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 cont…

• 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 cont…

• 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.
Pre-Colonial and Spanish Regimes cont…

• 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 cont…

• 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.
The American and Commonwealth
Government
• When the Americans took over in the 1900s, the
Bureau of Prisons was created under the
Reorganization Act of 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 Commonwealth Government cont…

• 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.
The American and Commonwealth Government cont…

• 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.
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.
Transfer of Bilibid Prison to Muntinlupa cont…

• 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 cont…

• On November 15, 1940, all inmates of the Old


Bilibid Prison in Manila were transferred to
the new site.
Developments after World War II

• Under Proclamation No. 72 issued on


September 26, 1954, the Sablayan Prison and
Penal Farm in Occidental Mindoro was
established.
• The Leyte Regional Prison followed suit under
Proclamation No. 1101 issued on January 16,
1973.
BUREAU
OF
CORRECTION
(BuCor)
Bureau of Corrections
• When the Americans took over in the 1900s, the
Bureau of Prisons was created under the
Reorganization Act of 1407 dated November 1,
1905 as an agency under the Department of
Commerce and Police.
• Later, jurisdiction was assigned to the Department
of Public Instruction, the predecessor of the
Department of Education.
• Finally, it nested under the wings of the Department
of Justice to which it belongs till the present time.
Bureau of Corrections
• Under Executive Order No. 292, is the creation
of Bureau of Corrections.
• On May 24, 2013, President Benigno S. Aquino
III signed into law Republic Act No. 10575,
otherwise known as “The Bureau of
Corrections Act of 2013”.
Bureau of Corrections

MISSION VISION
• Corrections service • Protect the public and
compliant to prevent crimes in
international standards partnership with
helping enhance public stakeholders by
safety in the Philippines. providing persons
under custody
opportunities for
reformation, decent
environment and
secure settings.
Bureau of Corrections
The Mandates of the
Bureau of Corrections. –

• The BuCor shall be in


charge of safekeeping
and instituting
reformation programs
to national inmates
sentenced to more than
three (3) years.
Bureau of Corrections

a) Safekeeping of National Inmates


• The safekeeping of inmates shall include decent
provision of quarters, food, water and clothing
in compliance with established United Nations
standards. The security of the inmates shall be
undertaken by the Custodial Force consisting of
Corrections Officers with a ranking system and
salary grades similar to its counterpart in the
BJMP.
Bureau of Corrections

b) Reformation of National Inmates


• The reformation programs, which will be instituted
by the BuCor for the inmates, shall be the following:
1) Moral and Spiritual Program;
2) Education and Training Program;
3) Work and Livelihood Program;
4) Sports and Recreation Program;
5) Health and Welfare Program; and
6) Behavior Modification Program, to include
Therapeutic Community.
Organization and Key Positions
• The BuCor shall be headed by a Director who shall be
assisted by three (3) Deputy Directors:
a) one (1) for administration,
b) one (1) for security and operations and
c) one (1) for reformation,
• all of whom shall be appointed by the President upon the
recommendation of the Secretary of the DOJ:
• the Director and the Deputy Directors of the BuCor shall
serve a tour of duty not to exceed six (6) years from the
date of appointment:
• in times of war or other national emergency declared by
Congress, the President may extend such tour of duty.
Rank, Position and Title

1) The Head of the BuCor, with the rank of Undersecretary, shall


have the position and title of Director General of Corrections.
2) The second officers in command of the BuCor, with the rank of
Assistant Secretary, shall have the position and title of Deputy
Directors of Corrections.
3) The third officer in command of the BuCor, with the rank of Chief
Superintendent, shall have the position and title of Corrections
Chief Superintendent.
4) The fourth officer in command of the BuCor, with the rank of
Senior Superintendent, shall have the position and title of
Corrections Senior Superintendent.
5) The fifth officer in command of the BuCor, with the rank of
Superintendent, shall have the position and title of Corrections
Superintendent.
PRISON FACILITIES
(BUCOR)
New Bilibid Prison
• 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 had 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.
New Bilibid Prison
• The NBP in Muntinlupa City
is the main insular
penitentiary designed to
house the prison
population of the
Philippines.
• It is the central office, from
where the seat of
administration and
organizational power
emanates.
New Bilibid Prison
• It is a regular prison housing 60%
of the country's’ insular prisoners
• It houses the following Camps –
the MAXIMUM Security Camp,
MEDIUM Security Camp (Camp
Sampaguita), and the MINIMUM
Security Camp (Bukang Liwayway).
• NBP offers various work and
livelihood programs, education
thru formal, non-formal and
vocational to inmates at these
camps.
The Inmate Reception & Diagnostic Center
(RDC in NBP)
• Also known as “Reception and Education Center”
• situated inside the Sampaguita Camp. This was established by
virtue of Administrative Order # 11 by the Secretary of Justice
in 1953.
• This is a separate institution which serve as a place where
scientific diagnostic study and analysis of the prisoner’s
personal problem, criminal or non-criminal background, as well
as the possibilities of his rehabilitation by a team of experts, are
studied, evaluated and the program of activities he will follow
when he is transferred to the prison institution he is assigned in
accordance with the classification he is classified – whether as
maximum, medium or minimum security prisoner.
Correctional Institution for Women

• On November 27, 1929, after a series of


negotiations started by Prison Director
Ramon Victorio, the Philippine Legislature
passed Republic Act No. 3579 into law
establishing the CIW.
• On February 14, 1931, the women prisoners
were transferred from the Old Bilibid Prison
to the building in Welfareville Compound,
Nueve de Pebrero, Mandaluyong City
Correctional Institution for Women

• This penal institution for women was


constructed on an 18-hectare piece of land.
• In 1934, the position of female
Superintendent was created to superintend
the operations of this penal facility.
• Today, the institution is run entirely by female
personnel with the exception of the
perimeter guards who are male.
Correctional Institution for Women

• 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.
Correctional Institution for Women in Mindanao (CIWM)
• It is the most recent facility organized in the Bureau of Corrections. 
• Located at Juan ACENAS Sub-Colony, in STO. Tomas, Davao del Norte &
is now accepting female inmates coming from all over the Mindanao
region.
• The CIW Mindanao is a milestone project, the first facility to be
established outside of Luzon after 70 years.
• It was only inaugurated in September 18, 2007, the second institution
which branched out from the first and only penal establishment
dedicated in rehabilitating female offenders.  (The first, which was
founded in 1932 is the Correctional Institution for Women situated in
Mandaluyong City, Metro Manila). 
• It was during the incumbency of Secretary of Justice Agnes VST
Devanadera when it was formally opened.
• established through the initiative of the gender advocacy of the Women
Network group (WOMYNET) and other women organization in Davao
City
Note: 
The CIWM is a satellite prison facility under
the supervision and direction of Davao
Prison and Penal Farm administration
pursuant to an administrative order issued
by BuCor central office.
Davao Prison and Penal Farm

• Davao Penal Colony (DaPeCol) now known as


the Davao Prison and Penal Farm was 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.
Davao Prison and Penal Farm

• The colony is subdivided into three sub-colonies: the


Panabo Sub-colony, the Kapalong Sub-colony, and
the Abaca Decorticating Plant.
• The Abaca Decorticating Plant takes charge of the
production of abaca, which is the main industry of
the colony.
• The colony has also a settlement site, the “Tanglaw
Settlement”, for released prisoners who no longer
wish to return to their homes but choose to remain
in the colony as homesteaders.
Iwahig Prison and Penal Farm

• The Iuhit Penal Settlement now known as


Iwahig Prison and Penal Farm, the largest
operating institution under the BuCor, was
established on November 16, 1904 in Puerto
Princesa City, province of Palawan in a 28,072
hectares of land on the order of Governor
Forbes.
Iwahig Prison and Penal Farm

• The establishment of this penal facility was made


on the suggestion of Governor Luke E. Wright, who
felt the need for an institution designed for
incorrigible offenders and made as depository for
the prisoners who could not be accommodated at
the Bilibid Prison.
• 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

• The settlement was at first beset by outbreaks and


attempted escapes on the part of the prisoners.
• But under the supervision of Col. John White of the
Philippine Constabulary who became
superintendent in 1906, the colony became a
successful settlement.
• Through the Department’s efforts, the Philippine
Commission passed Act No. 1723 in 1907 which
defined the status of the settlement as a penal
institution.
Iwahig Prison and Penal Farm

• The land areas expanded to 40,000 hectares in the


late 1950’s and expanded again to 41,007 hectares
by virtue of Executive Order No. 67 issued by
Governor Newton Gilbert on October 15, 1912.
• Iwahig is subdivided into four zones or districts:
Central sub-colony, where the headquarters and
main buildings of the colony are located and which
has an area of 14,700 hectares; Sta. Lucia with
9,685 hectares; Montible with 8,000 hectares and
Inagawan sub-colony with 13,000 hectares.
Iwahig Prison and Penal Farm

• In 1955, Administrative Order No. 20 was


promulgated by the President and
implemented by the Secretary of Justice and
the Secretary of Agriculture and Natural
Resources. This order allowed the distribution
of colony lands for cultivation by deserving
colonists. Lots granted did not exceed six
hectares.
Iwahig Prison and Penal Farm

• This penal institution is the shinning symbol of


the prison system in the Philippines for it
acquired for itself an international recognition
as the first and most successful open penal
institution in the world.
• It was from this facility that the term “prison
without walls” had its beginnings.
Sablayan Prison and Penal Farm

• Sablayan Prison and Penal


Farm located in Occidental
Mindoro was established on
September 27, 1954 under
Proclamation No. 72.
• The penal colony has a total
land area of approximately
16,190 hectares.
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 and Penal Farm

• Aside from non-formal


education offered by the penal
colony, a work program in agro-
industrial production is also
being catered to the inmates.
• Horticulture is the main line of
production, private sectors
participation is encourage thru
joint ventures in rice and corn
areas and upland for other cash
crops.
San Ramon Prison and Penal Farm

• According to historical accounts, the


San Ramon Prison was established in
San Ramon, Baranggay Talisayan,
Zamboanga City on August 21, 1870
through a royal decree promulgated in
1869. Established during the tenure of
Governor General Ramon Blanco, a
Spanish captain in the royal army
(whose the prison was named after) as
Colonia Penal de San Ramon, the facility
was originally established for persons
convicted of political crimes.
San Ramon Prison and Penal Farm

• Considered the oldest penal


facility in the country with an
aggregate area of 1,524.6
hectares.
San Ramon Prison and Penal Farm

• The area occupied by the San Ramon


Prison and Penal Farm was
designated as part of the Zambo
Ecozone and Freeport pursuant to
Proclamation No. 111 and 112
proclaiming the mountanious area of
Upper Bonguiao and Curuan as its
relocation site.
• The Zamboanga City Economic Zone
(Zambo Ecozone) created pursuant to
R.A. No. 7903 dated July 25, 1994.
San Ramon Prison and Penal Farm
Leyte Regional Prison
• The LRP was created on
January 16, 1973 under
Proclamation No. 1101
in Abuyog, Leyte.
Commitment of Inmates 

Commitment
• means the entrusting of inmates for
confinement to a Jail or Prison authorities
by a competent court and entities for
investigation, trial and/or service of
sentence.
The Court and entities authorized to commit a
person to prison or jails:
1. Supreme Court
2. Court of Appeals
3. Sandiganbayan
4. Regional Trial Court
5. Metropolitan/Municipal Trial Court
6. Municipal Circuit Trial Court
7. Congress of the Philippines
8. All administrative bodies or persons
authorized by the law
Requirements for Commitment:

1. Commitment order/mittimus
2. Medical certificate
3. Complaint/Information
4. Police booking sheet
Commitment order
• A written order of a
court of law or any Mittimus
other competent
• A warrant issued by a
authority committing a
court bearing its seal
person to jail or prison
and signature of the
for confinement;
judge, directing the jail
or prison authorities to
receive inmates for
custody or service of
sentence imposed
therein.
How is commitment, admission and
classification is done?

• Convicts committed to the BUCOR for confinement are brought


for admission at the Reception and Diagnostic Center (RDC).
• The RDC at the New Bilibid Reservation in Muntinlupa will
receive prisoners coming from all over the country except those
sentenced by courts having jurisdiction for the provinces of
Zamboanga del Norte, Zamboanga del Sur, Basilan, Sulu, and
Tawi-Tawi who will be brought to the San Ramon Prison and
Penal Farm which also has an RDC facility inside the colony.
• Inmates accepted by the RDC will be studied and classified, the
purpose of which, is the formulation of an individualized
treatment programs designed to achieve the most successful
rehabilitation.
• Sentenced prisoners slapped with the death
penalty are not eligible for admission and
classification at the RDC. The Supreme Court
rings them directly to the Death Row where
they will wait automatic review of their case.

• Female inmates for incarceration as national


prisoners or those with more than three years
maximum sentence will be brought directly to
the Correctional Institute for Women,
Mandaluyong City, Metro Manila, and will also
undergo classification at the RDC facility there.
Admission of inmates:

• An inmate shall be admitted in the RDC of a


prison upon presentation of the following
documents:
– Mittimus/Commitment Order of the court;
– Information and Court decision in the case;
– Certification of detention, if any; and
– Certification that the case of the inmate is not on
appeal.
• A female inmate shall be received only at the CIW
Procedures:
• Upon admission in the RDC, an inmate shall be
placed in quarantine for at least five (5) days
during which he shall be:
– given physical examination to determine any physical
illness or handicap or mental ailment and to
segregate those suspected of having an infectious or
contagious disease. If found sick, the inmate shall be
immediately confined in the prison hospital;
– oriented with prison rules; and
– interviewed by counselor, social worker or other
program staff officers. The interview shall be
conducted in private.
• After the quarantine period, the inmate shall
remain in the RDC for a period not exceeding fifty
five (55) days where he shall undergo psychiatric,
psychological, sociological, vocational, educational,
religious and other examinations.

• The result of said examinations shall be basis for


the inmate’s individualized treatment program.

• Thereafter, he shall be assigned to a prison facility


as may be recommended by the Chief of the RDC.
These are the:

1. New Bilibid Prison


– For those sentenced to death regardless of place of conviction.
– Also, for those from the New Capital Region, Regions I,II,III,IV, and V.
2. Sablayan Prison and Penal Farm (SPPF)
– From the Mindoro Province
3. Iwahig Prison and Penal Farm (IPPF)
– From the province of Palawan and Region IV-A
4. San Ramon Prison and Penal Farm (SRPPF)
– From ARMM and Region XII
5. Davao Prison and Penal Farm (DPPF)
– From CARAGA, Region IX,X and XI
6. Leyte Regional Prison (LRP)
– From Regions VI,VII,VIII
• Upon admission, the inmate will be issued two
regulation uniform, two t – shirts, one pair of
slippers, a blanket, mat, pillow with case,
mosquito net, and one set mess kit, but this
depends on supply availability

• The inmate may bring his own clothes and


other personal items essential for his well
being inside the facility provided that the
volume of his possessions he will bringing-in
will not compromise safety and the situation
of his fellow inmates.
• Electrical equipment like television set, radio, cassette,
video players, electric fans and the like may be allowed
to be brought in by the Chief of RDC as long as this will
not be exclusively used by the owning inmate but will
be shared with others

• Unauthorized items brought by the inmate will be


placed to the custody of the guard in – charge thereof
properly receipted to be returned upon release or
disposed later at the inmates request or ordered
condemned by the Superintendent after two years.

• A Classification Board is tasked to classify inmate as to


security status and for privilege entitlement.
Classification of Inmates

Classification
• refers to assigning or grouping of inmates according
to their sentence, gender, age, nationality, health,
criminal records, etc.
• a method by which diagnosis, treatment planning
and execution of the treatment programs are
coordinated in the individual case study.
• It is a process of determining the needs and
requirement of prisoners for assigning them to
programs according to their needs and existing
resources.
The Classification Board shall have the
following composition:
1. Chairman – Penal Superintendent,
2. Vice-Chairman – Chief, Reception and
Diagnostic Center,
3. Member
a) Medical Officer,
b) Chief, Education Section,
c) Agro-Industries Section,
4. Secretary – Chief Overseer.
The Classification Process is adopted to determine
the work assignment, type of supervision and
custody which will be applied to the prisoners.

The Four separate but coordinated


Procedures in Classification: 

1.Diagnosis
2.Treatment
3.Execution of the Treatment Program
4.Re-Classification
1. Diagnosis – Prisoner’s case history is taken and his
personality is being studied through examination and
observations
2. Treatment Planning – The Center’s Staff will formulate a
tentative treatment program which is best suited to the
needs and interest of  the prisoner as based on its
findings.
3. Execution of the Treatment Program – It consists in the
application of the treatment program or policies of the
Classification Committee.
4. Re-Classification – The treatment program is kept current
with the changing needs and with new analysis on the
prisoner based on any information not available at the
time of the initial classification Committee Meeting about
the prisoner’s case and will continue from the time of First
The Classification Board will classify inmate as to security
status, and as to entitlement to prison privileges:

Classification of inmates as to security status:


1. Maximum security
2. Medium security
3. Minimum security

Classification of inmates as to entitlement to privileges:


4. Detainee
5. Third class inmate
6. Second class inmate
7. First class inmate
Maximum Security Inmates
• are those sentenced to death, 20 years minimum sentence,
remand inmates or detainees with 20 years minimum
sentence, sentence under review by the Supreme Court,
sentence under appeal, those with pending cases, recidivists,
habitual delinquents and escapees, those under disciplinary
punishment or safekeeping, and those who are criminally
insane or with severe personality or emotional disorders and
are a danger to others.
• Inmates still confined at RDC are automatically categorized
as maximum-security inmate.
• Building 14 (Considered the Super Maximum Compound of
the Bureau of Correction) where incorrigible prisoners from
the maximum compound where being placed and separated
for intense disciplinary approaches.
Medium Security Inmates
• are those with less than 20 years sentence, remand
inmates or detainees below 20 years sentence, 18
years old and below regardless of case sentence,
those who have 2 or more escape records but have
served eight years since recommitment, and those
sentenced to life imprisonment who have served
five years since recommitment, and those with one
record of escape but have served five years since
recommitment, and those sentenced to life
imprisonment who have served at least 5 years as
maximum security and upon recommendation of
the Superintendent.
Minimum Security Inmates
• are those with severe physical handicap as
certified by the chief prison medical officer, 65
years old and above and not on appeal or
without pending case;
• those who have served at least ½ of their
minimum sentence or 1/3 of their maximum
sentence excluding Good Conduct and Time
Allowance (GCTA), and
• those with only 6 months to serve before
expiration of maximum sentence.
Color of the Uniform of Inmates:
 Maximum Security - Tangerine
 Medium Security - Blue
 Minimum Security – Brown
 Detainee - Gray
Inmates classified as to
entitlement to privileges:

1. Detainee/Detention Prisoner

2. Third Class Prisoner:


a) Previously committed for three or more
times as a sentenced prisoner, provided
that imprisonment of non-payment of fine
shall not be considered.
b) Those who has been reduced from a
higher class of degree of custody.
3.Second Class Prisoner:
a) Any newly arrived prisoner;
b) A prisoner demoted from first class;
c) One promoted from the third class. 

4.First Class Prisoner:


a) Whose known character and credit for
work while in detention had earned
assignment to this class upon start of
sentence;
b) One who had been promoted from the
second class. 
5.Colonist or Trusty
– Be at least a first class inmate and has
served one (1) year immediately
preceding the completion of the period
specified in the following qualifications;
– one who has served 1/5 of his maximum
sentence with good conduct, or seven (7)
years in the case of life sentence
A Colonist is entitled to the following
privileges:
a) In addition to the GCTA, a prisoner may
also be entitled to another five days per
month deduction from the sentence he
has to serve. 
b) Automatic reduction to 30 years if
sentence is life imprisonment.
c) To bring his family or the woman he
will marry to live with him.
d) Reasonable amount of clothing and
ordinary household supplies from
the government commissary as
special reward to deserving colonist;
and
e) To wear civilian clothes on such
special occasions as maybe
designated by the Superintendent
• Inmates who demonstrate good behavior shall
be entitled to a 5-minute phone call to an
authorized individual every 90 days.  The call
shall be monitored, and the caller shall
properly identify himself as an inmate.

• An infant born to an inmate mother may be


allowed to stay with the mother for not more
than One (1) year after which, if the mother
fails to place the child in a home of her own,
the Superintendent shall make arrangements
with the DSWD. 
Inmates who are spouses:
• Husband and wife inmates may be allowed to
serve their sentence together in a prison and
penal farm as soon as both are classified as
colonists.

Revocation of colonists status:


• The grant of colonists status may, for cause, be
revoked anytime by the Superintendent with
the approval of the Director.
Inmates Count
 It is imperative that at specified times
during each 24 – hour period, all inmates
are physically counted.
 The counting must be accurate and if the
total jail count does not tally, a recount
should be made
 At least four (4) times within a 24 – hours
period
Modes and Guidelines of Release

A. An inmate may be released through:


1. Service of sentence
2. Order of the Court
3. Parole
4. Pardon
5. Amnesty
• Before an inmate is released, he shall be
properly identified to ensure that he is the
same person received and will be released.

• His marks and fingerprints shall be verified with


those taken when he was received.

• Any changes or differences in his distinguishing


marks and scars shall be investigated to
ascertain his real identity in order to prevent
the mistaken release of another person.
• No inmate shall be release on a mere verbal order
or an order relayed by telephone. The release of
an inmate by reason of acquittal, dismissal of
case, payment of fines and or indemnity, or filing
of bond shall be effected only upon receipt of the
Release Order served by the Court Process server.

• The Court Order shall bear the full name of the


inmate, the crime he was charged with, the
criminal case number and such other details that
will enable the Jail Officer to properly identify the
inmate to be released.
Bureau
of
Jail Management & Penology
(BJMP)
BJMP
• Primarily, its clients are detainees accused before
a court who are temporarily confined in such jails
while undergoing investigation, waiting final
judgment 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.
BJMP
• The Bureau has four major areas of rehabilitation
program, namely:
1) Livelihood Projects,
2) Educational and Vocational Training,
3) Recreation and Sports, and
4) 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.
BJMP
• 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.
BJMP
• As mandated by law,  the  BJMP shall operate
under the reorganized  Department of  the 
Interior  and  Local Government.
BJMP
• Starting  from  scratch with  500
personnel in 1991 the BJMP weaned from
its mother PC/INP as a mere component, 
to become a full-fledge bureau. 
• Director Charles S. Mondejar  took his
oath of office on July 1 of 1991 as  the
first Chief  of  the Bureau.  
BJMP
MISSION VISION
• The Bureau aims to • The BJMP envisions
enhance public safety itself as a dynamic
by providing humane institution highly
safekeeping and regarded for its
development of sustained humane
inmates in all district, safekeeping and
city and municipal development of
jails. inmates.
Organization and Key Positions
R.A. No. 9263 - An Act providing for the professionalization of the
Bureau of Fire Protection and the Bureau of Jail Management and
Penology amending certain provision of R.A No. 6975. March 10,
2004.

R.A. No. 9592 - An Act extending for five (5) years the
reglementary period for complying with the minimum educational
qualification and appropriate eligibility in the Bureau of Fire
Protection (BFP) and the Bureau of Jail Management and Penology
(BJMP), amending for the purpose certain provision of Republic Act
No. 9263, otherwise known as the “Bureau of Fire Protection and
Bureau of Jail Management and Penology Professionalization Act of
2004" and for other purposes. May 8, 2009.
Organization and Key Positions
• 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.
Organization and Key Positions
• 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.
Organization and Key Positions
NATIONAL HEADQUARTERS
• It is the Command and Staff Office of the
BJMP, and is composed of the Command
Group, Directorates and Management Support
Staff.
Organization and Key Positions
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.
Organization and Key Positions
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.
Organization and Key Positions
DISTRICT JAIL
• Within large cities or a group of clustered
municipalities, a District Jail headed by a
District Warden may be established.
Organization and Key Positions
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.
“Warden”

• The head of the district, municipal and


city jails under the BJMP or of the
provincial and sub-provincial jails under
the office of the Provincial Governor.
CORE VALUES:

1) Commitment
2) Respect for Human Rights
3) Efficiency/Competence
4) Teamwork 
CORE COMPETENCIES:

1) Continuous skills enhancement of


personnel
2) Ability to establish linkages and
Partnerships
3) Responsive Planning
4) Timely decision-making
5) Expedient implementation
Requirement for Commitment

1) Commitment Order
2) Medical Certificate
3) Police Booking Sheet
INMATES CLASSIFICATION UNIT
(ICU)
 is a unit that receive, study, classify the inmates committed
to the jail and composed of trained Inmates Welfare and
Development Personnel (IWDP).
 It performed the following functions: (1) Admission and
Registration; (2) Identification Process; (3) Body Search
and Property Receipting; (4) Quarantine; and (5)
Assignment of Inmates.
 The procedures it undertakes are: systematic reception,
identification and case studies; intake of the initial
interview; inmate assessment; inmate’s welfare and
development plan; evaluation scheme; discharge and
follow-up care.
RECEPTION PROCEDURES

 A decent and humane program of


confinement starts with a systematic reception
of inmates for commitment to the BJMP’s jail
facilities.
 The following procedures should therefore be
observed:
RECEPTION PROCEDURES

1) The jail Desk Officer checks the credentials of the


person(s) bringing in the inmate to determine
his/her/their identity and authority. The Officer also
ascertains from the person(s) that all law enforcement
procedures, including the verification for standing
warrant/criminal record of the arrested person before
physical presentation in court, must have been
undertaken prior to the inmate’s transfer/commitment to
the jail. It is understood therefore that other standing
warrants must have been served when a person is
admitted for jail custody.
RECEPTION PROCEDURES

2) The jail Desk Officer carefully examines the


arrest report and the authenticity of the
commitment order or mittimus in due form to
determine whether the inmate has been
committed under legal authority.
RECEPTION PROCEDURES

3) Person arrested by virtue of a Warrant of


Arrest must secure a Commitment Order
from the court where the Warrant of Arrest is
issued before he can be committed to jail.
RECEPTION PROCEDURES

4) The admitting jail officer takes all cash and


other personal property from the inmate, lists
them down on a receipt form in duplicate,
duly signed by him/her and countersigned by
the inmate. The original receipt should be
kept for the record and the duplicate copy
should be given to the inmate.
RECEPTION PROCEDURES

5) All cash and other valuables of the inmate


must be turned over to the Property
Custodian for safekeeping and covered by
official receipts.
RECEPTION PROCEDURES

6) The inmate is then fingerprinted and


photographed.

7) The admitting jail officer accomplishes a jail


booking report attaching thereto the inmate’s
photograph for reference.
RECEPTION PROCEDURES

8) The newly admitted inmate shall be thoroughly strip


searched. His/her clothing shall also be carefully
examined for contraband. He/she is then checked for
body vermin, cuts, bruises and other injuries, and for
needle marks to determine if he/she is a drug
dependent.

9) The jail Medical personnel or the Local Health Officer


immediately conducts a thorough medical
examination of the inmate.
RECEPTION PROCEDURES

10)When it is not possible for the Jail Medical Personnel


to be in attendance during the inmate’s admission, the
receiving officers shall observe the mental alertness,
overall appearance, physical abnormalities, rashes,
scratches or other identifying marks of the individual
and note them down in the inmate’s jail booking
report. The offender observed to be suffering from
any contagious disease is immediately isolated.
RECEPTION PROCEDURES

11)A medical record is accomplished by the Jail


Medical Personnel or Local Health Officer,
showing the condition of the inmate at the
time of admission and to include, if possible,
his/her medical history.
RECEPTION PROCEDURES

12)Upon commitment, the inmate should be briefed or


oriented on the jail rules and regulations by the Chief
Custodial Officer or the Officer of the Day prior to
classification and segregation.
13)The sentenced inmates shall be provided with jail
clothing. His/her personal clothing should be properly
received, cleaned and stored safely until his/her
release. The detainee, for his/her own safety, may be
allowed to wear civilian clothes.
RECEPTION PROCEDURES
14)The warden establishes and maintains a record of all
inmates, consisting of information on the inmate’s name
and alias(es), if any; weight, height and body marks or
tattoos, if any; nationality and, if a naturalized Filipino,
his/her previous nationality; previous
occupation/profession; prior criminal convictions; and
previous place of residence. In the case of a prisoner, the
record shall also indicate the crime of which he/she was
convicted; the sentencing court, his/her sentence and the
commencement date thereof; institutional behavior and
conduct, and the date he/she was received for
confinement.
RECEPTION PROCEDURES

a. In the case of a detainee, the record shall indicate


the Criminal case number in the trial court where
the case is pending, or the Case number in the
Appellate Court if the case is on appeal and the
status of the appeal; or the reason for his/her
detention.
RECEPTION PROCEDURES

15)Upon completion of the reception procedures,


the detainee is assigned to his/her quarters.

16)The detainee should be issued all the


materials that he/she will be using during
his/her confinement, if such materials are
available.
RECEPTION PROCEDURES

17)Upon receipt of a detainee, he/she shall be


apprised, preferably in the dialect which
he/she understands, that under Article 29 of
the Revised Penal Code, as amended by the
Republic Act No. 6127 and further amended
by R.A. No. 10592 regarding his/her
preventive imprisonment.
“Preventive Imprisonment”

• is a temporary confinement in jail or


prison while undergoing investigation or
trial or awaiting final judgment;
Duty to Inform Detainees of the Credit
for Preventive Imprisonment.
 It shall be the duty of the chief of the
BJMP, Jail Warden or the Director of
the BUCOR having custody the
detention prisoner to inform that the
period of his preventive imprisonment
shall be deducted from the term of his
imprisonment in accordance with
Article 29 of the Revised Penal Code,
as amended.
Who are Entitled?

 An accused who has undergone


preventive imprisonment shall be
credited, either full or four-fifths (4/5)
term, for his actual detention or service
of his sentence, provided he is not
disqualified under Article 29 of the
Revised Penal Code, as amended, and
under the following section.
Who are Disqualified?

 The grant of credit of preventive imprisonment


shall not apply to the following;
a. An accused who is recidivist as defined
under Article 14 (9), Chapter 111, Book 1 of
the Revised Penal Code;
b. An accused who has been convicted
previously twice or more times of any crime;
and
c. An accused who, upon being summoned
for the execution of his sentence, has failed
to surrender voluntarily before a court of
law.
“Recidivist”

• A person who, at the time his trial for


one crime, shall have been previously
convicted by final judgment of other
crime embraced and the same title of
the Revised Penal Code, as
amended;
RECEPTION PROCEDURES

18)If the inmate agrees to abide by the same


disciplinary rules imposed upon convicted
inmates, he/she shall be asked to sign a
Detainee’s Manifestation.
“Detainee’s Manifestation”

• A written declaration of a detained


prisoner, with the assistant of a counsel,
stating his voluntary agreement to abide
by the same disciplinary rules imposed
upon a convicted prisoner for the
purpose of availing the full credit of the
period of his preventive imprisonment;
Effect of Detainee’s Manifestation.

 An accused who has undergone


preventive imprisonment shall be credited
with the full time during which he has
undergone preventive imprisonment if;
a. He agrees voluntarily, in writing, to
abide by the same disciplinary rules
imposed upon convicted prisoners; if
b. Such undertaking is executed with
the assistance of the counsel.
RECEPTION PROCEDURES

19)If the inmate refuse to abide by the same


disciplinary rules imposed upon convicted
inmates, the Warden issues a Certification
under oath to the effect that the detainee was
apprised of the provisions of Article 29 of the
Revised Penal Code, as amended.
“Detainee’s Waiver”

• A written declaration of a detained


prisoner, with the assistant of a
counsel, stating his refusal to abide by
the same disciplinary rules imposed
upon a prisoner convicted by final
judgment and thus be entitled to a
credit of four-fifths (4/5) of the time
during preventive imprisonment;
Effect of Detainee’s Waiver.

 An accused who has undergone preventive


imprisonment and who does not agree to
abide by the same disciplinary rules
imposed upon prisoners convicted by final
judgment shall be credited by the service of
his sentence with four-fifths (4/5) of the
time during which he has undergone
preventive imprisonment if;
a. He shall do in writing
b. With the assistance of counsel.
Provisional Release while under
Preventive Imprisonment
a. Whenever an accused has undergone preventive
imprisonment for a period equal to the imposable maximum
imprisonment of the offense charged to which he my be
sentenced and his case is not yet decided, he shall be
released immediately without prejudice to the continuation of
the trial thereof or the proceeding on appeal, if the same is
under review, except for the following:
1) Recidivist
2) Habitual Delinquent
3) Escapee
4) Person charged with heinous crimes
b. If the maximum penalty to which the accused may be
sentenced is destierro, he shall be released after thirty (30)
days of imprisonment.
Provisional Release while under
Preventive Imprisonment

“Destierro”
• A penalty in which a person shall not be
permitted to enter the place or places
designated in the sentence, or within
radius therein specified, which shall not
be more than 250 and not less than 25
kilometer from place designated;
Provisional Release while under
Preventive Imprisonment

c. The computation of preventive


imprisonment for purposes of immediate
release shall be the actual period of
detention with good conduct time
allowance; provided, however, that if the
accused is absent without motu propio
order the re-arrest of the accused.
GCTA of an Accused Qualified for CPI.

 An accused who is qualified for Credit


for Preventive Imprisonment shall also
be qualified to avail the benefit of 5
good conduct time allowance provided
for under Article 97 of the Revised
Penal Code, as amended, and
pursuant to the procedures laid down
in Rules
Deduction for Credit for Preventive
Imprisonment when Impossible Penalty
is Reclusion Perpetua.

 Credit for preventive imprisonment for


the penalty of reclusion perpetua shall
be deducted from thirty (30) years.
RECEPTION PROCEDURES

20) The Warden submits the Detainee’s Manifestation or


Certification as the case may be, to the proper court
before the date set for the arraignment of the inmate
and the same shall form part of the records of the
case.
a. The same procedure shall be followed with
respect to all accused persons who have been
convicted but whose cases are pending appeal
before a higher court. The Detainees
Manifestation or Certification as the case may be,
shall form part of the records of the case.
CLASSIFICATION PROCEDURES

Classification Board:
1)Chairman – Deputy Warden
2)Member – Chief, Custodial/Security Officer
3)Member – Medical Officer/Public Health
Officer
4)Member – Jail Chaplain
5)Member – Inmates Welfare and
Development Officer
Duties and functions of the Classification Board:

 The Classification Board is tasked to conduct


background investigation of inmates to
determine the work assignment, type of
supervision and degree of custody and
restrictions under which an inmate must live
in jail.
Duties and functions of the Classification Board:

 The investigation shall focus on:

1) Facts and data of the present case;


2) Earlier criminal history and if he/she is
recidivist or habitual delinquent
3) Biography or life history;
4) Medical history;
5) Vocational, recreational, educational and
religious background/interests; &
Duties and functions of the Classification Board:

6) Psychological characteristics as evaluated by


psychiatrist and psychologist.
• The inmate is required to appear before the
Classification Board for a frank discussion
concerning his/her strengths and weaknesses.
After this, he/she is informed of the program
planned for him/her. He/she is asked is he/she is
willing to undergo this program for his/her own
good. If necessary, the Board will see to it that
the program planned for the inmate is followed.
DISCIPLINARY BOARD

 A Disciplinary Board shall be organized and


maintained by jails for the purpose of hearing
disciplinary cases involving any inmate who
violate jail rules and regulations.
DISCIPLINARY BOARD

It shall be composed of the following:

1) Chairman – Deputy Warden


2) Member – Chief, Custodial/Security Officer
3) Member – Medical Officer/Public Health Officer
4) Member – Jail Chaplain
5) Member – Inmates Welfare and Development Officer
6) Member – Inmate’s Representative

• If the above composition is not feasible because of personnel


limitations, the Warden shall perform the Board’s functions as
a Summary Disciplinary Officer.
Duties and functions of the Disciplinary Board:

 The Board is tasked to investigate the facts of


an alleged misconduct referred to it.
 It shall hold sessions as often as necessary in
a room which may be provided for the
purpose.
 All cases referred to it shall be heard and
decided within forty-eight (48) hours from
the date of receipt of the case.
Authorized disciplinary punishment for inmates:

The Board is authorized to impose any of the following


disciplinary punishments:
1) Reprimand
2) Temporary or permanent cancellation of some
privileges;
3) Cancellation of visiting privileges;
4) Extra-fatigue duty for sentenced inmates;
5) Close confinement in a cell, provided that this
punishment shall be imposed only in the case of an
incorrigible inmate, when other disciplinary measures
had been proven ineffective; and
Authorized disciplinary punishment for inmates:

6) Transfer to another BJMP jail in the area,


in coordination with the Court.
7) In addition, to the above-mentioned
punishment, the Disciplinary Board may
recommend to the warden partial or full
forfeiture of Good Conduct Time
Allowance (GCTA) to be earned for that
month and subsequent months depending
upon the gravity of the offense.
Limitations on disciplinary punishment for inmates:

The Disciplinary Board shall consider the following


limitations when imposing disciplinary punishment:

1) No pregnant inmate or one who breastfeeds a


baby shall be subjected to any disciplinary
punishment.

2) No infirmed or handicapped inmate shall be


meted out punishment which might affect
his/her health or physical well-being.
Limitations on disciplinary punishment for inmates:

3) Corporal punishment, confinement in dark or


inadequately ventilated cells and any form of
cruel, unusual, inhuman, or degrading punishment
are absolutely prohibited.

4) Whenever the penalty of extra fatigue duty or


solitary confinement imposed may affect the
health of the inmate, he/she shall be made to
undergo medical examination to determine his/her
physical fitness to serve his/her punishment.
Limitations on disciplinary punishment for inmates:

5) When necessary, the jail physician shall visit the


inmates undergoing punishment and shall advise
the Warden for the termination of the punishment
on grounds of physical or mental health.

6) Instruments of restraint, such as handcuffs, leg


irons and straitjackets are not to be applied as a
form of punishment. They shall only be used as a
precaution against escape and on medical grounds
to prevent an inmate from injuring himself or
others.
Limitations on disciplinary punishment for inmates:

5) When necessary, the jail physician shall visit the


inmates undergoing punishment and shall advise
the Warden for the termination of the punishment
on grounds of physical or mental health.

6) Instruments of restraint, such as handcuffs, leg


irons and straitjackets are not to be applied as a
form of punishment. They shall only be used as a
precaution against escape and on medical grounds
to prevent an inmate from injuring himself or
others.
Limitations on disciplinary punishment for inmates:

7) Breaches of discipline shall be handled


objectively and decisions shall be executed
firmly and justly.

8) As a general rule, every violation of discipline


shall be dealt with accordingly. In extreme cases
where the violation necessitates immediate
action, the Warden or the Officer of the Day may
administer the necessary restraints and report the
action taken to the Disciplinary Board.
Punishable Acts
A. Minor Offenses
1. Selling or bartering with fellow inmate(s) those items not
classified as contraband;
2. Rendering personal service to fellow inmate(s);
3. Untidy or dirty personal appearance;
4. Littering or failing to maintain cleanliness and orderliness in
his/her quarters and/or surroundings;
5. Making frivolous or groundless complaints;
6. Taking the cudgels for or reporting complaints on behalf of other
inmates;
7. Late in formation during inmate headcount without justifiable
reasons; and
8. Willful waste of food
Punishable Acts
A. Less Grave Offenses
1. Failure to report for work detail of sentenced inmates without
sufficient justification;
2. Failure to render assistance to an injured personnel or inmate;
3. Failure to assist in putting out fires inside the jail;
4. Behaving improperly or acting boisterously during religious,
social, and other group functions;
5. Swearing, cursing, or using profane or defamatory language
directed at other persons;
6. Malingering or pretending to be sick to escape work
assignment;
7. Spreading rumors or malicious intrigues to besmirch the honor
of any person, particularly BJMP personnel;
Punishable Acts
A. Less Grave Offenses
8. Failure to stand at attention and give due respect when
confronted by or reporting to any BJMP personnel;
9. Forcing fellow inmates to render personal service for
him/her and/or to others;
10.Exchanging uniforms or wearing clothes other than those
issued to his/her for the purpose of circumventing jail rules;
11.Loitering or being in an unauthorized place;
12.Using the telephone without authority from the Desk
Officer/Warden.
13.Writing, defacing, or drawing on walls, floors, or any
furniture or equipment;
Punishable Acts
A. Less Grave Offenses
14.Withholding information which may be inimical
or prejudicial to the jail administration;
15.Possession of lewd or pornographic literature
and/or photographs;
16.Absence from cell, brigade, place of work
during headcount, or at any time without
justifiable reason; and
17.Failure to turn over any implement/article
issued after work detail.
Punishable Acts
A. Grave Offenses
1. Making untruthful statements or lies in any official
communication, transaction, or investigation;
2. Keeping or concealing keys or locks of places in the jail
which are off-limits to inmates;
3. Giving gifts, selling, or bartering with jail personnel;
4. Keeping in his/her possession money, jewelry, cellular
phones or other communication devices, and other
items classified as contraband under the rules;
5. Tattooing others or allowing him/her to be tattooed on
any part of the body, or keeping any paraphernalia to
be used in tattooing;
Punishable Acts
A. Grave Offenses
6. Forcibly taking or extorting money from fellow
inmates and visitors;
7. Punishing or inflicting injury or any harm upon
himself/herself or other inmates;
8. Receiving, keeping, taking or drinking liquor and
prohibited drugs;
9. Making, improvising, or keeping any kind of
deadly weapon;
10.Concealing or withholding information on plans
of attempted escapes;
Punishable Acts
A. Grave Offenses
11.Unruly conduct and flagrant disregard of discipline and
instructions;
12.Escaping, attempting, or planning to escape from the
institution or from any guard;
13.Helping, aiding, or abetting others to escape;
14.Fighting, causing any disturbance or participating
therein and/or agitating to cause such disturbance or
riot;
15.Indecent, immoral, or lascivious acts by himself/herself
or others and/or allowing himself/herself to be the
subject of such indecent, immoral, or lascivious acts;
Punishable Acts
A. Grave Offenses
16.Willful disobedience to a lawful order issued by any
BJMP personnel;
17.Assaulting any BJMP personnel;
18.Damaging any government property or equipment;
19.Participating in kangaroo court, an unauthorized or
irregular court conducted with disregard for or
perversion of legal procedures as a mock court by the
inmates in a jail/prison;
20.Affiliating with any gang or fraction whose main
purpose is to foment regionalism or to segregate
themselves from others;
Punishable Acts
A. Grave Offenses
21.Failing to inform the authorities concerned when
afflicted with any communicable disease, such as
tuberculosis, sexually – transmitted diseases, etc.;
22.Engaging in gambling or any game of chance;
23.Committing any act which is in violation of any
law or ordinance, in which case, he/she shall be
prosecuted criminally in accordance with law; and
24.Committing any act prejudicial to good order and
discipline
Diversification in prison:
Diversification
• is an administrative device of correctional
institutions of providing varied and flexible
types of physical plants for more effective
custody, security and control of the treatment
programs of its diversified population.
Diversification in prison:
Diversification
• It also refers to the principle of separating homogenous
type of prisoners that requires special treatment and
custody. Separation can be done through proper
classification of inmates. It can be done either building
special institution for different classes of prisoners
through proper segregation of inmates that is big
institution can be broken into smaller units.
• This aims to prevent prisoners from moral and physical
contamination of one group by another, more effective
execution of treatment programs and prevent
unnecessary custodial risks.
Treatment of Inmates with Special Needs:
BASIC POLICY

• As a general rule, inmates with special needs should not be


held in jails with other “regular” inmates.
• For example, female inmates should be confined in institutions
that are separate from those used for males.
• However, given the reality of budget constraints, increasing
inmate population, insufficient facilities and inadequately
equipped detention homes, Wardens and jail officers shall
endeavor to provide the best arrangement they can for such
inmates, in keeping with this rule.
• It is assumed that the inmates have been properly evaluated and
classified for this purpose.
INMATES WITH SPECIAL NEEDS
are:
 Female
 Drug Users/Dependents/Addicts
 Alcoholic
 Mentally – ill
 Sex Deviates
 Suicidal Inmates
 Handicapped, Aged, Infirmed
 Non – Philippines Citizen Inmates
INMATES WITH SPECIAL NEEDS are:

Female
o The female quarters should be fully separated from
the male quarters;
o In larger jails, a female personnel may be
designated to keep the keys to the female quarters
and make the same available at any time;
o No male inmate shall be allowed to enter the
female quarters; and,
o Only work suitable to their age and physical
condition should be assigned to female inmates.
INMATES WITH SPECIAL NEEDS are:

Drug Users/Dependents/Addicts
o Inmates found to be drug users/dependents/addicts should be
segregated from other inmates, especially during the withdrawal
period;
o Maintain close supervision of inmates to prevent attempts to commit
suicide and self-mutilation;
o Only a qualified physician shall prescribe sedatives/stimulants
deemed necessary for the inmate’s treatment;
o Appropriate measures should be taken to enable inmates to follow
strictly the jail physician’s advice regarding diet and other medical
interventions/treatments during the withdrawal period; and,
o Conduct a regular search of the inmate’s quarters and maintain
constant alertness to prevent the smuggling of narcotics and other
dangerous drugs.
INMATES WITH SPECIAL NEEDS are:

Alcoholics
o Place alcoholics in quarters separate from other
inmates and maintain close supervision to guard
against suicide attempts;
o Any symptoms of abnormal behavior among
inmates should be reported immediately to the jail
physician; and
o Exercise close supervision to guard against the
smuggling of liquor and other intoxicating drinks
or products containing alcohol.
INMATES WITH SPECIAL NEEDS are:

Mentally-ill
o The mentally-ill should be under the close
supervision of a jail medical personnel;
o Place the mentally-ill in separate cells and special
restraint rooms provided for violent cases;
o Exercise close supervision to guard against suicide
attempts or violent attacks on others; and
o The mentally-ill should be transferred as soon as
feasible to mental institutions for proper
psychiatric treatment.
INMATES WITH SPECIAL NEEDS are:

Sex Deviates
o Homosexuals should be segregated immediately to
prevent them from influencing other inmates or
being maltreated or abused by other inmates; and’
o Other sex deviates should be separated from other
inmates for close supervision and control.
INMATES WITH SPECIAL NEEDS are:

Suicidal Inmates
o The suicidal inmate should be given close and
constant supervision;
o Search their quarters and premises for
tools/materials that can be used for suicide; and
o They should be subjected to frequent strip
searches.
INMATES WITH SPECIAL NEEDS are:

The Handicapped, Aged and Infirmed


o These inmates should be housed separately and
closely supervised to protect them from
maltreatment or abuse by other inmates; and
o Special treatment should be given to these inmates
who shall be required to work in accordance with
their physical capabilities for their own upkeep and
to maintain the sanitation of their quarters and
surroundings.
INMATES WITH SPECIAL NEEDS are:

Non-Philippine Citizen Inmates


o The Warden shall report to the Bureau of Immigration
and the respective embassies of the detained
foreigners the following:
a) Name of Jail
b) Name of Foreigner
c) Nationality and the number of his/her Alien Certificate
d) Age/Sex
e) Offense Charged
f) Case Number
g) Court/Branch
h) Status of Case
CUSTODY, SECURITY and CONTROL

The following guidelines should be strictly observed in jail


custody, security and control:

1) Conduct regular briefing for every shift, especially


before any member of the custodial force assumes
his/her duty and before the escort personnel leave with
inmates for court hearing and other authorized/lawful
destination.

2) Maintain strict control of firearms. Never permit any


firearm inside the jail except in some areas where
firearms are authorized.
CUSTODY, SECURITY and CONTROL

3) Maintain 24-hour supervision of inmates;


4) Maintain a system of key control. Never permit the
inmates to handle keys.
5) Secure firearms and anti-riot equipment in the
armory wherein they can be within easy reach of jail
officer yet afford maximum security against access
by inmates.
6) Supervise the proper use of tools and other
potentially dangerous articles such as bottles, acids,
kitchen knives, etc., and keep them out of any
inmates reach when not in use;
CUSTODY, SECURITY and CONTROL

7) conduct regular inmates count, at least four (4)


times within a 24-hours period. Establish
procedures, which will insure beyond doubt, that
every inmate is physically present or accounted
for, at every count.
8) Conduct frequent surprise searches of inmates and
their quarter to detect contraband.
9) Conduct frequent inspections of security facilities
to detect tampering or defects;
CUSTODY, SECURITY and CONTROL

10) guard against escapes, assault on jail


personnel and inmates disturbances;
11) Develop plans dealing with emergencies
like escapes, fires, assaults and riots. Make
these plans known and understood by jail
personnel;
12) Never allow gay and lesbian jail officer to
perform search and custodial functions.
CUSTODY, SECURITY and CONTROL

13) Never allow a jail officer to render


successive shift of duty except in cases of
emergencies;
14) Designate a gate supervisor for every shift
who will be made administratively
responsible and accountable for the daily
activities at the entrance gate of jail;
CUSTODY, SECURITY and CONTROL

15) Never allow a jail officer to open the inmates’


quarter alone. At lease one (1) other jail officer
should be present; and,
16) Select carefully the inmates to be assign as jail
aide and maintain rigid control over their
activities. No inmate should be allowed to
assumes any authority which belongs to jail
personnel or to exercise authority, supervision
and control over other inmate.
COUNTING PROCEDURES

It is imperative that at specified times during each


24-hour period, all inmates are physically counted.
For this type of count, the general procedures are
as follows:

1) Count each inmate physically at specified


times;
2) During the count, ensure that all movements
of inmates cease until the count is completed;
COUNTING PROCEDURES
3) The count must be accurate. Make a positive
verification to ascertain that the inmates are
physically present. Counting a man on the basis of
seeing any part of his clothing, hair or shoes is not
a good counting procedure;
4) Submit a report of each count of a group of inmates
to the Warden and/or Deputy Warden; and
5) If the total jail count does not tally with the total
jail population at any given time, conduct a
recount. Render an immediate report to the Warden
and/or Deputy Warden for any unaccounted inmate.
COUNTING PROCEDURES

Inmates Count
 Formal Count – is a regular, required count of all residents in
the institution. It is normally done five to six times each 24-
hour period.

 Census /Informal Count – is a frequent but irregular check to


verify that all residents under the supervision of an officer are
present. This count is often done on work details or programs.

 Emergency Count – is taken due to unusual circumstances,


such as escapes, riots, or disturbances.
MEAL SERVICE

1) Security must be considered in the serving of


food inside the cells/ quarters.
2) A jail officer should not enter the inmates’ quarter
to distribute food unless another officer is
available to handle the keys and control the
entrance door.
3) If only one officer is on duty, it is essential that
the door be locked to preempt being overpowered
by the inmates.
DINING ROOM SECURITY

For jail facilities that have separate dining or mess halls,


the following shall be observed:

1) As a general precaution, individual mess utensils of


inmates shall be made of plastic;
2) Inmates shall march in a column along designated
routes under the supervision of one or two jail
personnel. Station other officials along the route to
direct the orderly movement of inmates to and from
the mess hall;
DINING ROOM SECURITY

3) Food service supervisor shall be present


during meals to handle any complaints;
4) After meals, inmates shall be responsible for
the cleanliness and orderliness of the mess
hall. This shall be strictly supervised by jail
personnel to ensure that no utensils are
brought out of the dining room; and,
5) Check and accounts for all forks, spoon and
other kitchen utensils after every meal.
MAIL CENSORSHIP

 To ease the strain of detention, inmates shall be


encouraged to maintain wholesome contact with
friends and relatives through correspondence.

 However, the privilege of sending and receiving mail


that is extended to inmates shall be properly
supervised and handled to obviate the possibility of
smuggling contraband and to use this medium as a
means of illicit communication.
The following procedures shall be strictly observed
when censoring mail:

1)Mail shall not be distributed to the inmates until an


authorized jail personnel have examined it in the presence
of other inmates as witness;

2)Letters containing currency, checks or money shall be


marked with the amount enclosed and deposited with the
Jail Property Custodian. The receiving officer shall list
down the amount received on a receipt form in duplicate.
The original receipt signed by the receiving officer shall
be kept for the record and the duplicate copy shall be
given to the inmate for his/her information;
The following procedures shall be strictly observed
when censoring mail:

3) Bring to the Warden’s attention any correspondence that


does not conform to regulations or are detrimental to
security, order and discipline of the jail;
4) In the censoring of mail, jail slang, unusual nicknames
and sentences with double meanings should be carefully
studied and analyzed to determine the real meanings;
5) All letters passed by censors should bear the censor’s
stamp at the top of each page and on the envelope. The
letter should be placed back in the same envelop and
resealed;
The following procedures shall be strictly observed
when censoring mail:

6) A listing of mail for inmates should be properly


posted in a conspicuous place. A copy of such listing
will also form part of the records of the jail;
7) If the inmate fails to claim his/her letter within twenty
four (24) hours after it has been posted, the mail shall
be delivered to them;
8) Do not discuss the contents of inmates’ mail with
other jail personnel, except for official purposes; and,
9) All outgoing mails shall pass through the normal mail
facility of the jail subject to the usual censorship.
EMERGENCY PLANS

 Emergency plans for both natural and man-


made calamities and other forms of jail
disturbances shall be formulated to suit the
physical structure and other factors peculiar
to every jail, such as:
EMERGENCY PLANS

Man-Made Calamities/Disturbances Natural Calamities


a. Riot a. Fire
b. Jailbreak b. Flood
c. Noise Barrage c. Earthquake
d. Hostage-taking d. Tsunami
e. Epidemics e. Landslide
f. Food Poisoning f. Typhoon
g. Rescue g. Volcanic eruption
h. Bombing h. others
i. Power failure
j. Water Shortage
k. others
MOVEMENT/TRANSFER
OF INMATES

Inmates may be moved or transferred under the


following circumstances:

1) Subject to the conditions set forth by the


succeeding Sections, an inmate may be
brought out from jail in any of the
following instances:
MOVEMENT/TRANSFER
OF INMATES

a. To appear, as witness or as accused, before


any court of justice during preliminary
investigation, arraignment or hearing of a
criminal case;

b. To appear, as witness with leave of court in


any investigation or formal inquiry being
conducted by a government agency;
MOVEMENT/TRANSFER
OF INMATES

c. To view with leave of court the remains


of a deceased relative within the second
degree of affinity or consanguinity; and,

d. To undergo with leave of court medical


examination or treatment in an outside
hospital or clinic.
MOVEMENT/TRANSFER
OF INMATES
LOLO at LOLA

TITO TATAY
TITA NANAY

IKAW AKO
MOVEMENT/TRANSFER
OF INMATES

2) An inmate maybe transferred to another


institution only upon specific order of the
court having jurisdiction over him/her,
except in cases of serious illness where
hospitalization is necessary, and the detainee
has to be immediately taken to the nearest
hospital, with the Court subsequently
notified.
MOVEMENT/TRANSFER
OF INMATES

3) In any emergency or other compelling situations /


necessities when the transfer to other jails of
inmates involved is necessary to ensure the safety
and security of the inmates and personnel, the
Warden can recommend to the Regional Director
verbally or in writing, their immediate transfer to
another jail within the region provided that, on the
first hour of the following working day, the Court
concerned must be informed of the said transfer.
MOVEMENT/TRANSFER
OF INMATES

4) For those inmates who wish to view the


remains of the deceased relative, leave of
court shall be first obtained.
MOVEMENT/TRANSFER
OF INMATES

However, the Warden may request reconsideration


from the court to recall and disapprove said order
under any of the following grounds:
a. The deceased relative is lying-in-state in a place beyond
thirty (30) kilometer radius from the place of
confinement of the inmate or, in any case, where the
inmate cannot return to said place during daylight hours;
b. The detainee has a record of escape; and,
c. The detainee is classified as high risk / high profile and
the jail has inadequate resources to ensure his / her
safety and security.
MOVEMENT/TRANSFER
OF INMATES

5) Before leaving the jail for the authorized


destination, the inmate shall turn-over to the
Warden such amount that may be necessary
to pay for his transportation and meal
expenses and those of the jail officers
escorting him.
Cooperation among Jail Wardens
on temporary detention of inmates

1) Jail Wardens must agree on the use of facilities


for the temporary detention or imprisonment of
an inmate from other localities before, during
and after trial.

2) Wardens effecting the movement / transfer of an


inmate shall shoulder all expenses for
transportation and other incidental expenses of
the same while confined in other jails.
Rules to be followed during movement /
transfer of inmates:

1) The responsibility for the security of the inmate being


moved / transferred shall remain with the custodian
until received by another custodian. Whenever
possible, it should be made during daytime and it
must be treated confidentially.

2) All jail officers shall be given detailed instructions on


their duties and responsibilities, to include that the
most direct route to the destination must be followed.
Rules to be followed during movement /
transfer of inmates

3) An inmate moved / transferred shall be


handcuffed. When two or more inmates are
transported, each must be secured to the
other.

4) All inmates shall be inspected and searched


for dangerous weapons or objects which may
be used for escape or self-destruction.
Rules to be followed during movement /
transfer of inmates
5) The following basic security precautions shall be observed
during the transfer of inmates:

a. Do not allow inmates to tinker with the handcuffs;


b. Regard all inmates as extremely notorious to avoid being
careless;
c. Do not allow an inmate to go to a toilet or wash room alone;
d. A jail officer shall always walk one step behind and never in
front of an inmate. The inmate shall always precede the jail
officer into an automobile..
e. Stopping along the highway while in transit is highly
discouraged.
Rules to be followed during movement /
transfer of inmates

6) In case an inmate is moved / transferred from


one jail to another facility or correctional
institution, his Carpeta must be forwarded to
the jail where he is to be confined and duly
received by the designated Records
Custodian.
RIGHTS OF INMATES
Although the purpose for committing a person on jail is to
deprive him of liberty in order to protect society against crime,
such person is still entitled to certain rights even while in
detention.

These rights are:

1) The right to be treated as human being, and not to be


subjected to corporal punishment;
2) The right to be informed of the regulations governing the
detention center;
3) The right to adequate food, space and ventilation, rest and
recreation;
RIGHTS OF INMATES

4) The right to avail of medical, dental and other


health services;
5) The right to be visited by his counsel anytime;
6) The right to practice his religious beliefs and
moral precepts;
7) The right to vote unless disqualified by law
8) The right to separate detention facilities or cells
particularly for women inmates;
9) If a foreigner, the right to communicate with his
embassy or consulate.
Privileges allowed for inmates

Inmates may enjoy the following:

1) To wear their own clothes while in


confinement;

2) To write letters, subject to censorship,


provided that expenses for such
correspondence shall be borne by them;
Privileges allowed for inmates

3) To receive visitors during visiting hours.


However, visiting privileges may be
denied in accordance with the rules and
whenever public safety so requires;

4) To receive books, letters, magazines,


newspapers and other periodicals that the
jail authorities may allow;
Privileges allowed for inmates

5) To be treated by their own doctor and dentist at


their expense upon request from and approval
by appropriate authorities;
6) To be treated in a government or private
hospital, provided it is deemed necessary and
allowed by the rules:
7) To request free legal aid if available:
8) To sport hair in their customary style, provided
it is decent and allowed by the jail authorities;
Privileges allowed for inmates

9) To receive fruits and prepared foods, subject to


inspection and approval by jail officials;
10) To read books and other reading materials
available in the library, if any
11) To maintain cleanliness in their cells and
brigades or jail premises and perform other work
as may be necessary for hygienic and sanitary
purposes; and,
12) To be entitled to Good Conduct Time Allowance
( GCTA ) as provided by law.
GOOD CONDUCT TIME ALLOWANCE
(GCTA)
“Good Conduct”

• Refers to the conspicuous and


satisfactory behaviour of a detention or
convicted prisoner consisting of active
involvement in rehabilitation programs,
productive participation in authorized
work activities or accomplishment of
exemplary deeds coupled with faithful
obedience to all prison/jail rules and
regulations;
“Good Conduct Time Allowance”

• A privilege granted to a prisoner,


whether detained or convicted by final
judgment, entitling him to a reduction of
his jail or prison term for every month of
actual detention or service of sentence
as a reward for good conduct and
exemplary behavior;
Who are Entitled?

 The good conduct for the following shall be


entitle them to the deductions describe
hereunder from their sentence as good conduct
time allowance (GCTA) pursuant to Article 29 of
the Revised Penal Code, as amended:
a) A detention prisoner qualified for credit for
preventive imprisonment for his good
conduct and exemplary behaviour; and
b) A prisoner convicted by the final judgment
in any penal institution, rehabilitation or
detention center or any other local jail for
his good conduct and exemplary behaviour.
Deductible Good Conduct Time Allowance.
 A qualified prisoner, whether detained or convicted by final
judgment, shall be entitled to the following deduction from his
sentence for good conduct:
a. During the first two years of imprisonment, he shall be
allowed a deduction of twenty days for each month of
good behavior during detention;
b. During the third to fifth year, inclusive, of his imprisonment,
he shall be allowed a reduction of twenty-three days of
each month of good behavior during detention;
c. During the following years until the tenth year, inclusive for
his imprisonment he shall be allowed a reduction of
twenty-five days for each month of good behavior during
detention; and
d. During the eleventh and successive years of his
imprisonment, he shall be allowed a deduction of thirty
days of his month of good behavior during detention.
Time Allowance for
Study, Teaching and Mentoring (TASTM).
Time Allowance for
Study, Teaching and Mentoring

 At any time during the period of


imprisonment, an accused or prisoner
convicted by final judgment shall be
allowed, in addition to the benefits
provided for, another deduction of Fifteen
(15) days, for each month of his time
rendered for –
a. Study
b. Teaching; or
c. Mentoring Services
Effect When Case of an Accused is on
Appeal.
 An appeal by the accused shall not
deprive him of his entitlement to the
time allowances.
SPECIAL TIME ALLOWANCE FOR LOYALTY
(STAL)
Special Time Allowance for Loyalty. –

a. A deduction of one-fifth (1/5) 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 Revised Penal
Code, gives himself up to the authorities
within forty-eight (48) hours following the
issuance of the proclamation announcing
the passing away of the calamity or
catastrophe referred to in said article.
Special Time Allowance for Loyalty. –

b. A deduction of two-fifth (2/5) 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 the Revised Penal Code.
Special Time Allowance for Loyalty. –

• Provided that he has not committed


other offense or any act in violation of
the law or the act.
Officials authorized to grant
Time Allowances
Who Grants Time Allowances?

 Whenever lawfully justified, the following


officials shall grant allowances for good
conduct:
a. Director of the Bureau of Corrections
b. Chief of the Bureau of Jail
Management and Penology; and/or
c. Warden of a Provincial, District, City or
Municipal Jail
SEARCHES:

Purpose:
Protect staff and residents and reduce the
potential for escape by:
a) Controlling what the resident has in their
possession.
b) Reducing Contraband
c) Controlling what enters the facility
SEARCHES:

Categories:
1) STRATEGIC
– A planned search scheduled at specific times
& locations.
2) TACTICAL
– Searches conducted as a result of emergency
or crises.
3) RANDOM
– Searches conducted for no apparent reason, at
any time.
SEARCHES:

Search Levels:
1) CURSORY
– Ongoing “visual“ search of a resident, person,
place or thing.
2) INSPECTION
– A “conditional standard” check of a resident,
& place.
3) AMPLIFIED
– A personal search of resident, place or thing.
SEARCHES:

Personal Searches:

THREE TYPES OF BODY SEARCHES


1) The Pat-frisk or Pat-down search
2) The Strip Search
3) The Cavity Search
SEARCHES:

Personal Searches:
THREE TYPES OF BODY SEARCHES

o The Pat-frisk or Pat-down


search – This is an external
inspection of fully clothed
resident. It is least intrusive search
because the officer only feels
exterior surfaces to determine
whether any items are concealed.
SEARCHES:

Personal Searches:
THREE TYPES OF BODY SEARCHES

o The Strip Search – this is


more intrusive than a pat –
frisk search because the
naked body and its cavities
are visually inspected
SEARCHES:

Personal Searches:
THREE TYPES OF BODY SEARCHES

o The Cavity Search – As


residents became increasingly
creative in their efforts to
conceal contraband, the need
for internal cavity search
emerged.
SEARCHES:

When is a pat-frisk search required?


a) When a resident moves from one
area of the facility to another
b) After a resident leaves a work assignment.
c) When a resident returns to the
supervision of a staff member after
being in an unsupervised situation
such as a religious activity conducted
by outside volunteer.
SEARCHES:

When is a strip search required? 
a) Upon initial admission or readmission to the facility.
b) After any contact visits
c) When you have reason to suspect that the resident
has contraband

Note: Pat-down searches are used to control movement


of contraband within the facility. Strip searches
are used to control the entry of contraband in
the facility.
SEARCHES:

Area Search:
Like body searches, an area search can be:

1) STRATEGIC
– Set place and time
2) TACTICAL
– The result of some emergency crises
3) RANDOM
– No apparent reason. Unannounced or unexpected.
SEARCHES:

• The typical areas in a correctional facility which


will need search in a regular basis is the housing
unit or cell.

CELL SEARCH
(Prior to the search, make sure you have the
appropriate equipment and adequate staff to control
any resident/s that may have to be removed from the
housing unit and /or contained while search is in
progress)
GREYHOUND OPERATIONS

Definition:
Search and seizure operations to rid jail facilities of
contraband

Purpose:
Systematically eliminate contraband and such other
materials in all BJMP-manned facilities that could have
adverse implications on its overall administration to
ultimately put order in all jails, promote operational
efficiency and encourage adherence to prescribed
operating policies.
MODELS OF CRIMINAL TREATMENT 

1. Control Model
 a prison management, which emphasizes
prisoner obedience, work and education
MODELS OF CRIMINAL TREATMENT 

2. Responsibility Model
 a prison management that stresses prisoners’
responsibility for their own action, not
administrative control to assure prescribed
behavior.
 Proper classification of inmates, according to
this model, permits placing prisoners in the least
restrictive prison consistent with security, safety,
and humane confinement.
 Prisoners should be given a significant degree of
freedom and be held to account for their actions
MODELS OF CRIMINAL TREATMENT 
3. Custodial Model
 based on the assumption that prisoners
have been incarcerated for the protection
of society and for the purpose of
incapacitation, deterrence and retribution. 
 It emphasizes maintenance, security and
order through the subordination of the
prisoner to the authority of the warden.
 Discipline is strictly applied and most
aspect of behavior is regulated
MODELS OF CRIMINAL TREATMENT 
4. Rehabilitation Model
 security and housekeeping activities are
viewed primarily as a framework for
rehabilitative efforts. 
 Professional treatment specialist enjoys a
higher status than other employees, in
accordance with the idea that all aspect of
prison management should be directed
towards rehabilitation with the rethinking
of the goal of rehabilitation.
MODELS OF CRIMINAL TREATMENT 
5. Reintegration Model
 although an offender is confined in prison, that
experience is pointed toward reintegration into society
 this kind of treatment gradually gives inmates greater
freedom and responsibility during their confinement and
move them into a halfway house, work release programs,
or community correctional center before releasing them
to supervision.
 this model is based on the assumption that it is important
for the offender to maintain or develop ties with free
society
 the entire focus of this approach is on the resumption of
a normal life
APPROACHES IN DEALING WITH CRIMINALS

1. Null Strategy
 says that “nothing should be done”, that
prisoners 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.
APPROACHES IN DEALING WITH CRIMINALS

2. 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. 
 It shows that the incarceration of some
career criminals has a pay off in the
prevention of multiple serious offenses.
APPROACHES IN DEALING WITH CRIMINALS

3. Population-Reduction Strategy
 incorporates front door and back door strategies. 
 front door strategies divert offenders to non-
incarcerative sanctions, among them are;
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 before
the end of their terms in order to free space for
new comers.
APPROACHES IN DEALING WITH CRIMINALS

4. Construction Strategy
 building of new facilities to meet the
demand for prison space for an
advantageous prison management. 
 the approach comes to mind when
legislators and correctional officials
confront the problem on prison crowding,
sanitation and prison violence to expand
the size, number of facilities and personnel.
APPROACHES IN DEALING WITH CRIMINALS
5. 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 to manage prisoners. 
 each court be allotted a certain amount of prison
space and staff members so that the judges and
prosecutors make certain decisions accordingly
 this strategy depends on the political will to release
prisoners even in the face of public protest.
Total Institution
 “the prison, like 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 time,
together lead an  enclosed, formally administered
round of life”. 
 a prison must be such an institution in the sense
that whatever prisoners do or not do begins and
ends there; completely encapsulates the lives of
the people who work and live there
 every minute behind bars must be lived in
accordance with the rules as enforced by the staff
THANK
YOU!!!
NON – INSTITUTIONAL BASED
Correctional Practices
NON – INSTITUTIONAL BASED
CORRECTIONAL PRACTICES

Non – institutional Corrections


• Refer to that method of correcting
sentenced offenders without having to go
to prison
PROBATION
“Probation”
• a disposition under which a defendant,
after conviction and sentence, is released
to the supervision of a probation officer
subject to conditions imposed by the
court.
“Probation”
• another form of non-institutional
corrections practices that gives a sentenced
convict the chance to reform and
rehabilitate himself without having to spend
time in jails.
• does not confine to prison a sentenced
prisoner but rather he will released and
undergo personalized community - based
treatment
“Petitioner”
• a convicted defendant who files an
application for probation.
“Probationer”
• a person placed on probation.
“Probation Officer”
• who investigates for the court a referral for
probation or supervises a probationer or
does both functions and performs other
necessary and related duties and functions
as directed.
“Probation Order”
• order of the Trial Court granting probation.
History of Probation

Matthew Davenport Hill –


• 18th century English barrister and judge
• who first initiated probation in England on 1841 by
applying this to juvenile delinquents.
• considered the father of probation in England beginning
in the year 1941, he has thus acted with regard to juvenile
offenders. 
• When there was ground for believing that the individual
was not wholly corrupt when there was reasonable hope
of reformation and when there could be found persons to
act as guardian, kind enough to take charge of the young
convict.
History of Probation

• Appreciated with this theory, was John Augustus, a


shoemaker who serve as a responsible person for the
release of a confirmed drunkard from the Police Court of
Boston. This offender in his custody turned “sober, and
industrious citizen and this resulted to the passage of first
Probation Law in April 26, 1878 which was signed by
Governor Alexander B. Rice in Massachusetts.
• John Augustus was interceding with the courts to suspend
the sentence of youthful offenders and alcoholics and place
them in his charge and help them find employment.  If the
prisoner did well, Augustus would recommend a sentence
other than incarceration to the court, which usually
accepted his recommendations. 
• John Augustus, the "Father of Probation," is
recognized as the first true probation officer.

• PROBATION - A term coined by John


Augustus, from the Latin verb "probare" - to
prove; to test.
• In 1887, the City of Boston appointed the first
government probation officer in the name of
Edward H. Savage, the former chief of police
of Boston City. 
History of Probation in the Philippines

August 7, 1935
• Probation was first introduced in the
Philippines during the American colonial
period (1898–1945) with the enactment of
Commonwealth Act No. 4221 of the Philippine
Legislature.
• This law created a Probation Office under the
Department of Justice.
History of Probation in the Philippines

November 16, 1937


• after barely two years of existence, the
Supreme Court of the Philippines declared the
Probation Law unconstitutional because of
some defects in the law's procedural
framework.
History of Probation in the Philippines

1972
• House Bill No. 393 was filed in Congress, which
would establish a probation system in the
Philippines. This bill avoided the objectionable
features of Act 4221 that struck down the 1935
law as unconstitutional. The bill was passed by
the House of Representatives, but was pending
in the Senate when Martial Law was declared
and Congress was abolished.
History of Probation in the Philippines

• Aware of the needs of the Criminal Justice


System of the country, then Congressman
Teodulo C. Natividad, the first Probation
Administrator, introduced in Congress House
Bill 393 entitled “An Act Establishing Probation
in the Philippines”; Providing Probation
Officers therefore and for Other Purposes”.
History of Probation in the Philippines

1975
• the National Police Commission Interdisciplinary
drafted a Probation Law. After 18 technical
hearings over a period of six months, the draft
decree was presented to a selected group of 369
jurists, penologists, civic leaders and social and
behavioral scientists and practitioners. The group
overwhelmingly endorsed the establishment of
an Adult Probation System in the country.
History of Probation in the Philippines

July 24, 1976


• Presidential Decree No. 968, also known as
Adult Probation Law of 1976, was signed into
Law by the President of the Philippines
(President Ferdinand E. Marcos).
Teodulo C. Natividad
• Father of Probation in the Philippines.
The Parole and Probation Administration
(PPA)
• an agency of the Philippine government under the
Department of Justice responsible for providing a less
costly alternative to imprisonment of first-time
offenders who are likely to respond to individualized
community-based treatment programs.

• supervises and controls all probationers and


promulgates rules and procedures on probation
process, subject to the approval of the Secretary of
Justice.
The Parole and Probation Administration
(PPA)
• the Probation Administration was renamed
“Parole and Probation Administration” and
given the added function of supervising
prisoners who, after serving part of their
sentence in jails are released on parole pardon
with parole conditions

• The merging of supervision of parole and


probation is mandated by Executive Order 292.  
The Parole and Probation Administration
(PPA)
• Effective August 17, 2005, by virtue of a
Memorandum of Agreement with the
Dangerous Drugs Board, the Administration
performs another additional function of
investigating and supervising first-time minor
drug offenders who are placed on suspended
pursuant to Republic Act No. 9165.
Grant of Probation
• the trial court may, after it shall have convicted and
sentenced a defendant, and upon application by
said defendant within the period for perfecting an
appeal, suspend the execution of the sentence and
place the defendant on probation for such period
and upon such terms and conditions as it may deem
best;
• Provided, That no application for probation shall be
entertained or granted if the defendant has
perfected the appeal from the judgment of
conviction.
Grant of Probation
• "Probation may be granted whether the
sentence imposes a term of imprisonment or
a fine only. An application for probation shall
be filed with the trial court. The filing of the
application shall be deemed a waiver of the
right to appeal.
Grant of Probation
• "An order granting or denying probation shall
not be appealable."
Post-Sentence Investigation Report (PSIR).

 no person shall be placed on probation


except upon prior investigation by the
probation officer and a determination by
the court that the ends of justice and the
best interest of the public as well as that of
the defendant will be served thereby.
Form of Investigation Report

• The investigation report to be submitted by


the probation officer shall be in the form
prescribed by the Probation Administrator
and approved by the Secretary of Justice.
Period for Submission of Investigation Report

 The probation officer shall submit to the


court the investigation report on a
defendant not later than sixty days from
receipt of the order of said court to
conduct the investigation.
 The court shall resolve the application for
probation not later than fifteen days after
receipt of said report.  
Period for Submission of Investigation Report

 Pending submission of the investigation


and the resolution of petition, the
defendant may be allowed on temporary
liberty under his bail filed in the criminal
case;
Period for Submission of Investigation Report

 Provided, that, in case where no bail was


filed or that the defendant is incapable of
filing one, the court may allow the release
of the defendant on recognizance to the
custody of a responsible member of the
community who shall guarantee his
appearance whenever   required by the
court.
Criteria for Placing an Offender on Probation

 In determining whether an offender may


be placed on probation, the courts shall
consider all information relative to the
character, antecedents, environment,
mental and physical condition of the
offender and available institutional and
community resources.
Criteria for Placing an Offender on Probation

 Probation shall be denied if the court finds that:

a) the offender is in need of correctional


treatment that can be provided most
effectively by his commitment to an
institution;
b) there is an undue risk that during the
period of probation, the offender will
commit another crime; or
c) probation will depreciate the seriousness
of the offense committed
• Disqualified Offenders. – The benefits of this
Decree shall not be extended to those;

a) sentenced to serve a maximum term of


imprisonment of more than six (6) years;
b) convicted of subversion or any crime against
the national security or the public order;
c) who have previously been convicted by final
judgment of an offense punished by
imprisonment of not less than one month
and one day and/ or fine of not less than
Two Hundred  Pesos (P200.00);
d) who have been once on probation
under the provisions of this Decree; and
e) who are already serving sentence at the
time the substantive provisions of this
Decree became applicable pursuant to
Sec.33 hereof.
Conditions of Probation
 Every probation order issued by the court
shall contain conditions requiring that the
probationer shall;
a) Present himself to the probation officer
designated to undertake his supervision
at such place as may be specified in the
order within seventy two (72) hours
from receipt of said order;
b) Report to the probation officer at least
once a month at such time and place as
specified by said officer.
Conditions of Probation
 The court may also require the probationer to:
a) cooperate with a program of supervision;
b) meet his family responsibilities;
c) devote himself to specific employment
and not to change said employment
without the prior written approval of the
probation officer;
d) undergo medical, psychological psychiatric
examination and treatment and enter and
remain in a specified institution, when
required for that purpose;
Conditions of Probation

e) pursue a prescribed secular study or


vocational training;
f) attend or reside in a facility established
for instruction, recreation or residence
of persons on probation;
g) refrain from visiting houses of ill-repute;
h) abstain from drinking intoxicating
beverages to excess;
Conditions of Probation

i) permit the probation officer or an


authorized social worker to visit his
home and place of work;
j) reside at premises approved by it and
not to change his residence without its
prior written approval; or
k) satisfy any other conditions related to
the rehabilitation of the defendant
Effectivity of Probation Order

 a probation order shall take effect upon its


issuance, at which time the court shall
inform the offender of the consequence
thereat and explain that upon his failure to
comply with any of the conditions
prescribed in the said order or his
commission of another offense, he shall
serve the penalty imposed for the offense
under which he was placed on probation.
Modification of Conditions of Probation
 During the period of probation, the court
may, upon application of either the
probationer or the probation officer, revise or
modify the conditions or period of probation.
 The court shall notify either the probationer
or the probation officer of the filing such an
application so as to give both parties an
opportunity to be heard thereon.
 The court shall inform in writing the probation
officer and the probationer of any change in
the period or conditions of probation.
Control and Supervision of Probationer

 The probationer and his probation


program shall be under the control of the
Court that placed him on probation subject
to actual supervision and visitation by a
Probation Officer.
Control and Supervision of Probationer
 Whenever a probationer is permitted to reside in
a place under the jurisdiction of another court,
control over him shall be transferred to the
Executive Judge of the Regional Trial Court of that
place, in such a case, a copy of the probation
order, the investigation report and other pertinent
records shall be furnished said Executive Judge.
 Thereafter, the Executive Judge to whom
jurisdiction over the probationer is transferred
shall have the power with respect to him that was
previously possessed by the court, which granted
the probation.
Period of Probation

 The period of probation of a defendant sentenced


to a term of imprisonment of not more than one
year shall not exceed two years, and in all other
cases, said period shall not exceed six years.

 When the sentence imposes a fine only and the


offender is made to serve subsidiary imprisonment
in case of insolvency, the period of probation shall
not be less than nor be more than twice the total
number of days of subsidiary imprisonment as
computed at the rate established in Article thirty-
nine of the Revised Penal Code, as amended.
Republic Act No. 10159

 An Act amending Article 39 of Act No. 3815, as


amended, otherwise known as the Revised Penal
Code
 Subsidiary Penalty. Instead of P8.00, it is now
P426.00.
 (at the rate of one day for each amount equivalent
to the highest minimum wage rate prevailing in the
Philippines at the time of the rendition of judgment
of conviction by the trial court)
 April 10, 2012
Arrest of Probationers: Subsequent Disposition

 At any time during probation, the court


may issue a warrant for the arrest of a
probationer for any serious violation of the
conditions of probation.

 The probationer, once arrested and


detained, shall immediately be brought
before the court for a hearing of the
violation charged. The defendant may be
admitted to bail pending such hearing.
Arrest of Probationers: Subsequent Disposition

 In such a case, the provisions regarding


release on bail of persons charged with a
crime shall be applicable to probationers
arrested under these provisions.
Arrest of Probationers: Subsequent Disposition

 In the hearing, which shall be summary in


nature, the probationer shall have the right
to be informed of the violation charged
and to adduce evidence in his favor. The
court shall not be bound by the technical
rules of evidence but may inform itself of
all the facts which are material and
relevant to ascertain the veracity of the
charge. The State shall be represented by
a prosecuting officer in any contested
hearing.
Arrest of Probationers: Subsequent Disposition

 If the violation is established, the court


may revoke or continue his probation and
modify the conditions thereof. If revoked,
the court shall order the probationer to
serve the sentence originally imposed. An
order revoking the grant of probation or
modifying the terms and conditions
thereof shall not be appealable.
Termination of Probation
 After the period of probation and upon
consideration of the report and
recommendation of the probation officer,
the court may order the final discharge of
the probationer upon finding that he has
fulfilled terms and conditions of his
probation and thereupon, the case is
deemed terminated.
Termination of Probation
 The final discharge of the probationer shall
operate to restore to him all civil rights lost
or suspended as a result of his conviction
and to fully discharge his liability for any
fine imposed as to the offense for which
probation was granted.
 The probationer and the probation officer
shall each be furnished with a copy of such
order.
Confidentiality of Records
 The investigation reports and the supervision
history of a probationer obtained shall be
privileged and shall not be disclosed directly and
indirectly to anyone other than the Probation
Administration or the court concerned, except
that the court, in its discretion, may permit the
probationer or his attorney to inspect the
aforementioned documents or parts thereof
whenever the best interest of the probationer
makes such disclosure desirable or helpful.
Confidentiality of Records
 Provided, further, that, any government
office or agency engaged in the correction
or rehabilitation of offenders may, if
necessary, obtain copies of said documents
for its official use from the proper court or
the Administration.
Probation Administration

• created under the Department of Justice


• referred to as the Administration, which shall
exercise general supervision over all
probationers.
• The Administration shall have such staff,
operating units and personnel as may be
necessary for the proper execution of its
functions.
Probation Administrator

 The administration shall be headed by the


Probation Administrator, hereinafter
referred to as the Administrator, who shall
be appointed by the President of the
Philippines

 He shall hold office having good behavior


and shall not removed except for cause.
Regional Office; Regional Probation Officer

• who shall be appointed by President of the


Philippines in accordance with the
Integrated Reorganization Plan and upon the
recommendation of the Secretary of Justice.
Provincial and City Probation Officers

 There shall be at least one probation


officer in each province and city who shall
be appointed by the Secretary of Justice
upon recommendation of the
Administrator and in accordance with civil
service law and rules.
Probation Aides

 citizens of good repute and probity to act


as probation aides appointed by Probation
Administrator
 to assist the Provincial or City Probation
Officers in the supervision of probationers.
Appointment:  Term of Office

 Probation aides shall not receive any


regular compensation for services except
for reasonable travel allowance

 Probation Aides so appointed may hold


office during good behavior for a period of
two (2) years, renewable at the end of
each period.
Caseload

 The maximum supervision caseloads of a


Probation Aide at any given time, shall be
ten (10) probationers on minimum case
classification or three (3) probationers on
maximum case classification in addition to
other duties.
Volunteer Probation Aide (VPA) Program

 is a strategy by which the Parole and Probation


Administration may be able to generate maximum
citizen participation or community involvement.

 Citizens of good standing in the community may


volunteer to assist the probation and parole officers in
the supervision of a number of probationers, parolees
and conditional pardonees in their respective
communities. Since they reside in the same community
as the client, they are able to usher the reformation and
rehabilitation of the clients hands-on.
Volunteer Probation Aide (VPA) Program

 In collaboration with the PPO, the VPA helps


pave the way for the offender, victim and
community to each heal from the harm
resulting from the crime done. They can
initiate a circle of support for clients and
victims to prevent further crimes, thereby be
participants in nation-building
Outside Travel

 A Probation Officer may authorize a


probationer to travel outside his area of
operational/territorial jurisdiction for a
period of more than (10) days but not to
exceed thirty (30) days.
Outside Travel

 A Probationer who seeks to travel up to


thirty (30) days outside the
operational/territorial jurisdiction of the
Probation Office shall file at least five (5)
days before the intended travel schedule, a
Request for Outside Travel with said office
properly recommended by the Supervising
Probation Officer on case and approved by
CPPO.
Outside Travel

 If the requested outside travel is for more


than thirty (30) days, said request shall be
recommended by the CPPO and submitted
to the Trial Court for approval.
Violation of Confidential Nature of
Probation Records
• The penalty of imprisonment ranging from
six months and one day to six years and a
fine ranging from hundred to six thousand
pesos shall be imposed upon any person
who violates the confidentiality of such
records
Early Termination

 The following probationers may be


recommended for the early termination of
their probation period:

a) Those who are suffering from serious


physical and/or mental disability such as
deaf-mute, the lepers, the crippled, the
bed-ridden, and the like;
Early Termination

b) Those who do not need further


supervision, like consistent and religious
compliance with all the conditions
imposed in the order granting probation;
positive response to the programs of the
supervision designed to their
rehabilitation, etc.
c) Those who have to travel abroad or
render public office.
TERMINATION OF THE PROBATION SUPERVISION
CASE
 The probation supervision  period may be
terminated on any of the following grounds:
a) Successful completion of probation;
b) Probation revocation for cause;
c) Death of the probationer;
d) Early termination of the probation; or
e) Analogous cause(s) or reason/s on a case-
to-case basis as recommended by the
Probation Office and approved by the Trial
Court.
PAROLE
and
EXECUTIVE CLEMENCY
Meanings of terms:

“Parole”
• refers to the conditional
release of an offender
from a correctional
institution after he has
served the minimum of his
prison sentence;
Meanings of terms:

“Executive Clemency”
• refers to Reprieve, Absolute Pardon,
Conditional Pardon with or without Parole
Conditions and Commutation of Sentence as
may be granted by the President of the
Philippines;
Meanings of terms:

“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;
• temporary stay of the execution of a
sentence
Meanings of terms:

“Commutation of Sentence”
• refers to the reduction of the
duration of a prison sentence of a
prisoner;
• a heavier or longer sentence is
reduced to a lighter or shorter term
Meanings of terms:

“Pardon”
• A form of executive
clemency granted by the
President of the Philippines
as a privilege extended to a
convict as a discretionary
act of grace
Meanings of terms:

“Conditional Pardon” “Absolute Pardon”


• refers to the exemption • refers to the total
of an individual, extinction of the criminal
within certain limits or liability of the individual
to whom it is granted
conditions, from the
without any condition.
punishment which the
• It restores to the
law inflicts for the
individual his civil and
offense he had political rights and remits
committed resulting in the penalty imposed for
the partial extinction of the particular offense of
his criminal liability; which he was convicted;
Meanings of terms:

“Amnesty”
• A special form of pardon
exercised by the President
• A general pardon extended to
a certain class of people who
are usually political offenders
Meanings of terms:

“Board” “Executive Director”


• refers to the Board of • refers to the Executive
Pardons and Parole; Director/Secretary of
the Board;
Meanings of terms:

“Director” “Penal Superintendent”


• refers to the Director • refers to the Officer-
of the Bureau of In-Charge of the New
Corrections; Bilibid Prison, the
Correctional
Institution for Women
and the Prison and
Penal farms of the
Bureau of Corrections;
Meanings of terms:

“Prison Record”
• refers to information concerning an inmate’s
personal circumstances, the offense he committed,
the sentence imposed, the criminal case number in
the trial and appellate courts, the date he
commenced serving his sentence, the date he was
received for confinement, the place of
confinement, the date of expiration of the sentence,
the number of previous convictions, if any, and his
behavior or conduct while in prison;
Meanings of terms:

“Carpeta”
• refers to the institutional record of an inmate
which consists of his mittimus or commitment
order issued by the Court after conviction, the
prosecutor’s information and the decisions of the
trial court and the appellate court, if any;
certificate of non-appeal, certificate of detention
and other pertinent documents of the case;
Meanings of terms:

“Petitioner” “Parolee”
• refers to the prisoner • refers to a prisoner
who applies for the who is released on
grant of executive parole;
clemency or parole;
Meanings of terms:

“Pardonee” “Client”
• refers to a prisoner • refers to a
who is released on parolee/pardonee who
conditional pardon; is placed under
supervision of a
Probation and Parole
Officer;
Meanings of terms:

“Release Document”
• refers to the
Conditional
Pardon/Absolute
Pardon issued by the
President of the
Philippines to a
prisoner or to the
“Discharge on Parole”
issued by the Board;
Meanings of terms:

“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;
The Board of Pardon and Parole

 created by virtue of Act No. 4103 known as the


Indeterminate Sentence Law (December 5, 1933)
 is an agency under the Department of Justice (DOJ),
tasked to uplift and redeem valuable human resources
to economic usefulness and to prevent unnecessary
and excessive deprivation of personal liberty by way
of parole or through executive clemency.
 is the administrative arm of the President of the
Philippines in the exercise of his constitutional power
to grant reprieves, commutations and pardons
The Board of Pardon and Parole

 The Board shall be composed of the Secretary as


Chairman and six (6) members consisting of:
a) The Administrator of the Parole and Probation
Administration as ex-officio member,
b) a sociologist,
c) a clergyman,
d) an educator,
e) a person with training and experience in
correction work,
f) and a member of the Philippine Bar;
The Board of Pardon and Parole

 Provided, that one of them is a woman.


 The members of the Board shall be
appointed by the President upon the
recommendation of the Secretary and shall
hold office for a term of six (6) years,
without prejudice to reappointment.
The Board undertakes the following:
1)Looks into the physical, mental and moral records of
prisoners who are eligible for parole or any form of
executive clemency and determines the proper time of
release of such prisoners on parole;
2)Assists in the full rehabilitation of individuals on parole or
those under conditional pardon with parole conditions, by
way of parole supervision; and,
3)Recommends to the President of the Philippines the grant of
any form of executive clemency to prisoners other than those
entitled to parole.
The BPP may grant parole under special considerations
for the following considerations:

1. Old age, provided the inmate is below sixty (60)


years of age when crime was committed;
2. Physical disability such as when the petitioner is
bed-ridden, deaf-mute, a leper, cripple or blind,
provided such physical disability is not present when
the crime was committed;
3. Serious illness duly certified by a government
physician; and
4. Similar circumstances which show that continued
imprisonment will be inhuman or will pose grave
danger to the life of the petitioner.
5. Aliens granted parole by the BPP shall be
turned over to the Bureau of Immigration
and Deportation for disposition,
documentation and appropriate order.
Review upon petition or referral by the
correctional and/or other agencies:

• a parole case may be reviewed by the


Board upon petition or referral by the
correctional and/or other agencies if
inmate is not otherwise disqualified
Eligibility for Review of a Parole Cases

a) inmate serving an indeterminate sentence the maximum


period on which exceeds one (1) year;
b) inmate has served the minimum period of the
indeterminate sentence;
c) Inmate’s conviction is final and executory; (In case the
inmate has one or more co-accused who had been
convicted, the Director/Warden concerned shall forward
their prison records and carpetas/jackets at the same time)
d) Inmate has no pending criminal case; and
e) Inmate is serving sentence in the national penitentiary,
unless the confinement of said inmate in a municipal, city,
district or provincial jail is justified.
• A national inmate, for purposes of these rules,
is one who is sentenced to a maximum term of
imprisonment of more than three (3) years or to
a fine of more than five thousand pesos; or
regardless of the length of sentence imposed by
the Court, to one sentenced for violation of the
customs law or other laws within the jurisdiction
of the Bureau of Customs or enforceable by it,
or to one sentenced to serve two (2) or more
prison sentences in the aggregate exceeding the
period of three (3) years."
Grant of Parole
 A prisoner may be granted parole
whenever the Board finds that there is a
reasonable probability that if released, he
will be law-abiding and that his release will
not be incompatible with the interest and
welfare of society.
Disqualifications for Parole – parole shall not be
granted to the following inmates:

a) Those convicted of offenses punished with


death penalty, reclusion perpetua or life
imprisonment;
b) Those convicted of treason, conspiracy or
proposal to commit treason or espionage;
c) Those convicted of misprision of treason,
rebellion, sedition or coup d' etat;
d) Those convicted of piracy or mutiny on the
high seas or Philippine waters;
e) Those who are habitual delinquents, i.e.,
those who, within a period of ten (10) years
from the date of release from prison or last
conviction of the crimes of serious or less
serious physical injuries, robbery, theft,
estafa, and falsification, are found guilty of
any of said crimes a third time or oftener;
f) Those who escaped from confinement or
evaded sentence;
g) Those who having been granted conditional
pardon by the President of the Philippines
and violated any of the terms thereof;
h) Those whose maximum term of
imprisonment does not exceed one (1)
year or those with definite sentence;
i) Those suffering from any mental disorder
as certified by a government
psychiatrist/psychologist
j) Those whose conviction is on appeal
k) Those who have pending criminal case/s
Transmittal of Carpeta and Prison Record
 The Director or Warden concerned shall
send a prisoner’s prison record and
carpeta to the Board at least one (1)
month prior to the date when his case
shall be eligible for review.
Notice to offended Party
 in addition to the publication in a newspaper
of national circulation, the Board shall notify
the offended party or, in the event that the
offended party is unavailable for comment or
otherwise cannot be located, the immediate
relatives of the offended party.
 Said persons shall be given thirty (30) days
from notice within which to communicate
their comment to the Board regarding the
contemplated grant of parole to the prisoner.
 Provided, that, in matters of extreme
urgency or when the interest of justice will
be served thereby, such notice may be
waived or dispensed with by the Board. 
 In such case, the Board shall explain the
reason for the waiver of such notice in the
Board resolution recommending
parole/executive clemency.
Parole Supervision
 The period of parole supervision shall
extend up to the expiration of the
maximum sentence which should appear
in the Release Document.
Initial Report
 Within the period prescribed in his Release
Document, the parolee shall present
himself to the Parole Officer specified in
the Release Document for supervision.
 If the parolee fails to report within forty
five (45) days from the date of his release
from prison or jail, the Parole Officer shall
inform the Board of such failure for
appropriate action.
Arrival Report
 Within fifteen (15) working days from the
date when the parolee reported for
supervision, the Parole Officer concerned
shall inform the Board, through the
Technical Service of the Parole and
Probation Administration, the date the
client reported for supervision.
Mandatory Conditions of Supervision
 It shall be mandatory for a client to comply
with the terms and conditions appearing in
the Release Document
Review and Modification of Conditions
 The Board may, upon the recommendation
of the Probation and Parole Officer, revise
or modify the terms and conditions
appearing in the Release Document
Transfer of Residence
 A client may not transfer from the place of
residence designated in his Release
Document without the prior written
approval of the Regional Director subject
to the confirmation by the Board
Outside Travel
 A Chief Parole Officer may authorize a
parolee to travel outside his area of
operational jurisdiction for a period of not
more than thirty (30) days.
 A travel for more than 30 days shall be
approved by the Regional Director.
Travel Abroad and/ or Work Abroad
 Any parolee under active supervision/
surveillance who has no pending criminal
case in any court may apply for overseas
work or travel abroad.
 However, such application for travel
abroad shall be approved by the Parole
and Probation Administration and
confirmed by the Board.
Death of client
 If a client dies during supervision, the
Parole Officer shall immediately transmit a
certified true copy of the client’s death
certificate to the Board recommending the
closing of the case.
 However, in the absence of a death
certificate, an affidavit narrating the
circumstances of the fact of death from
the barangay chairman or any authorized
officer or any immediate relative where
the client resided, shall suffice.
Reports
 The Probation and Parole Officer
concerned shall submit the following
reports to the Board:

a) Progress Report when a parolee


commits another offense during the
period of his parole supervision and
the case filed against him has not yet
been decided by the court
b) Infraction Report when the parolee has
been subsequently convicted of another
crime;

c) Violation Report when a parolee


commits any violation of the terms and
conditions appearing in his Release
document or any serious deviation or
non-observance of the obligations set
forth in the parole supervision program.
Arrest of Parolee
 Upon receipt of the infraction report, the
BPP shall immediately order the arrest of
the parolee.
Effect of Recommitment of Parolee
 The parolee who is recommitted to prison
by the Board shall be made to serve the
remaining unexpired portion of the
maximum sentence for which he was
originally committed to prison.
Review of Case
of Recommitted Parolee

• The Board may consider the case of a


recommitted parolee for the grant of a new
parole after the latter shall have served one-
fourth (1/4) of the unserved portion of his
maximum sentence.
Termination of Parole Supervision
 Summary Report – After the expiration of
the maximum sentence of a parolee, the
Probation and Parole Officer concerned
shall submit to the Board, through the
Chief Probation and Parole Officer, a
Summary Report on his supervision of a
parolee. The clearances from the police,
court, prosecutor’s office and barangay
officials shall be attached to the Summary
Report.
Certificate of Final Release and Discharge
 Upon receipt of the Summary Report, the
Board shall, upon the recommendation of
the Chief Probation and Parole Officer that
the parolee has substantially complied
with all the conditions of his Release
Document, issue to the parolee a
Certificate of Final Release and Discharge
(CFRD).
Effect of Certificate of Final Release and
Discharge
 Upon the issuance of a Certificate of Final
Release and Discharge, the parolee shall be
finally released and discharge from the
conditions appearing in his release
document. However, the accessory
penalties of the law which have not been
expressly remitted therein shall subsist.
Transmittal of Certificate of Final Release and
Discharge

 The Board shall forwarded a certified true


copy of the Certificate of Final Release and
Discharge to the parolee, the Court which
imposed the sentence, the Probation and
Parole Officer concerned, the Bureau of
Corrections, the National Bureau of
Investigation, the Philippine National
Police, and the Office of the President.
Parole Probation
administrative function
of the executive branch judicial function
of the government

granted by the Board granted by the Court

the offender serves part of the convicted offender


the sentence in prison does not need to go to
before he is released prison at all

an extension of an substitute for


institutional treatment imprisonment
General Guidelines
for
Recommending
EXECUTIVE CLEMENCY
The President …
has the plenary power to grant executive clemency, except
on the following three (3) constitutional limitations to wit:

1. In cases of impeachment;
2. In cases involving of election laws, rules
and regulations as provided for in Section
5, Paragraph C, Article IX of the 1987
Philippine Constitution without the
favorable recommendation of the
Commission on Elections; and
3. In cases where the conviction is on appeal
or has not become final and executor;
Consideration of Cases for Executive Clemency
 The Board may consider cases for executive
clemency upon petition, or referral of the
Office of the President.
Extraordinary circumstances

 The Board shall recommend to the


President the grant of executive clemency
when any of the following extraordinary
circumstances are present:
Extraordinary circumstances

a) the trial court or appellate court in its decision


recommended the grant of executive clemency for the
prisoner;
b) Under the peculiar circumstances of the case, the
penalty imposed is too harsh compared to the crime
committed;
c) Evidence which the court failed to consider, before
conviction, which would have justified an acquittal of
the accused;
d) Inmates who were over fifteen (15) years but under
eighteen (18) years of age at the time of the
commission of the offense;
Extraordinary circumstances
e) Inmates who are seventy (70) years old and above
whose continued imprisonment is inimical to their
health as recommended by a physician of the Bureau
of Corrections Hospital and certified under oath by a
physician designated by the Department of Health;
f) Inmates who suffer from serious, contagious or life-
threatening illness/disease, or with severe physical
disability such as those who are totally blind,
paralyzed, bedridden, etc., as recommended by a
physician of the Bureau of Corrections Hospital and
certified under oath by a physician designated by the
Department of Health;
Extraordinary circumstances

g) Alien inmates where diplomatic


considerations and amity among nations
necessitate review; and
h) Such other similar or analogous
circumstances whenever the interest of
justice will serve thereby.
Other circumstances
 When none of the  extraordinary
circumstances enumerated exist, the Board
may nonetheless review and/or
recommend to the President the grant of
executive clemency to an inmate provided
the inmate meets the following minimum
requirements of imprisonment:
A.  For Commutation of Sentence,
the inmate should have served:
1. at least one-third (1/3) of the definite or
aggregate prison terms;
2. at least one-half of the minimum of the
indeterminate prison term or aggregate
minimum of the indeterminate prison terms;
3. at least ten (10) years for inmates sentenced
to one (1) reclusion perpetua or one (1) life
imprisonment, for crimes/offenses not
punished under R.A No. 7659 (An Act to
impose Death Penalty on certain heinous
crime) and other special laws;
A.  For Commutation of Sentence,
the inmate should have served:

4. at least thirteen (13) years for inmates whose


indeterminate and/or definite prison terms
were adjusted to a definite prison term of forty
(40) years in accordance with the provisions of
Art. 70, RPC;
5. at least fifteen (15) years for inmates convicted
of heinous crimes/ offenses as defined in RA
No. 7659 or other special laws, committed on
or after January 1, 1994 and sentenced to one
(1) reclusion perpetua or one (1) life
imprisonment;
A.  For Commutation of Sentence,
the inmate should have served:
6. at least eighteen (18) years for inmates
convicted and sentenced to reclusion perpetua
or life imprisonment for violation of RA NO.
6425 or RA NO. 9165; and for kidnapping for
ransom or violation of the laws on terrorism,
plunder and transnational crimes;
7. at least twenty (20) years for inmates sentenced
to two (2) or more reclusion perpetua or life
imprisonment even if their  sentence were
adjusted to a definite prison term of forty (40)
years in accordance with the provisions of Art.
70, RPC;
A.  For Commutation of Sentence,
the inmate should have served:

8. at least twenty-five (25) years for


inmates originally sentenced to death
penalty but which was automatically
reduced or commuted to reclusion
perpetua or life imprisonment.
B.     For Conditional Pardon,
an inmate should have served at least one-
half (1/2) of the maximum of the original
indeterminate and/or definite prison term.
Pertaining Laws

Republic Act No. 7309

An Act Creating a Board of Claims under the


Department of Justice for Victims of Unjust
Imprisonment or Detention and Victims of
Violent Crimes and for other purposes
(March 30, 1992)
Who may File Claims. – The following may file claims
for compensation before the Board:

a) any person who was unjustly accused,


convicted and imprisoned but subsequently
released by virtue of a judgment of acquittal;
b) any person who was unjustly detained and
released without being charged;
c) any victim of arbitrary or illegal detention by
the authorities as defined in the Revised
Penal Code under a final judgment of the
court; or
d) any person who is a victim of violent
crimes. For purposes of this Act, violent
crimes shall include rape and shall likewise
refer to offenses committed with malice
which resulted in death or serious physical
and/or psychological injuries, permanent
incapacity or disability, insanity, abortion,
serious trauma, or committed with torture,
cruelly or barbarity.
Award Ceiling
 For victims of unjust imprisonment or
detention, the compensation shall be
based on the number of months of
imprisonment or detention and every
fraction thereof shall be considered one
month; Provided, however, That in no case
shall such compensation exceed One
Thousand pesos (P1,000.00) per month.
Award Ceiling
 In all other cases, the maximum amount
for which the Board may approve a claim
shall not exceed Ten thousand pesos
(P10,000.00) or the amount necessary to
reimburse the claimant the expenses
incurred for hospitalization, medical
treatment, loss of wage, loss of support or
other expenses directly related to injury,
whichever is lower. This is without
prejudice to the right of the claimant to
seek other remedies under existing laws.
When to File Claims

 Any person entitled to compensation


under this Act must, within six (6) months
after being released from imprisonment or
detention, or from the date the victim
suffered damage or injury, file his claim
with the Department, otherwise, he is
deemed to have waived the same.
Filing of Claims by Heirs

 In case of death or incapacity of any person


entitled to any award under this Act, the
claim may be filed by his heirs, in the
following order:
1) by his surviving spouse,
2) children,
3) natural parents,
4) brother and/or sister.
Resolution of Claims

 The Board shall resolve the claim within


thirty (30) working days after filing of the
application.
 The Board shall adopt an expeditious and
inexpensive procedure for the claimants to
follow in order to secure their claims under
this Act.
Appeal

 Any aggrieved claimant may appeal, within


fifteen (15) days from receipt of the
resolution of the Board, to the Secretary of
Justice whose decision shall be final and
executory.
Presidential Proclamation No. 551.

 Declaring the last week of October and every year


thereafter as “National Correctional Consciousness
Week,” signed on 15 March 1995, by then President Fidel
V. Ramos.
• in order to achieve the rehabilitation of offenders as
embodied in Book IV, Title III, Chapter 8, Section 26, of the
Administrative Code of 1987, it is appropriate and
necessary to raise the level of program standards and to
continuously create awareness for public participation in
the re-socialization and reintegration of prisoners,
probationers, and parolees into society as productive and
law-abiding citizens;
Pertaining Laws

P.D. No. 968


• Establishing a Probation System,
appropriating funds therefor and for other
purposes
• Known as “Probation Law of 1976”
• July 24, 1976
Pertaining Laws
Amending P.D. No. 968

P.D. No. 1257


• December 1, 1977

BP No. 76
• June 13, 1980

P.D. No. 1990


• October 5, 1985
Pertaining Laws

Act No. 4103


• An Act to provide for an Indeterminate
Sentence and Parole for all persons
convicted of certain crimes by the courts of
the Philippine Islands; to create a Board of
Indeterminate Sentence and to provide
funds therefor; and for other purposes.
• The Indeterminate Sentence Law
• December 5, 1933
Pertaining Laws

Amending Act No. 4103

Act No. 4225


Act No. 4203
• June 19, 1965
Pertaining Laws
Republic Act No. 6036
 An act providing that bail shall not, with certain
exceptions, be required in cases of violations of municipal
or city ordinances and in criminal offenses when the
prescribed penalty for such offenses is not higher than
arresto mayor and/or a fine of two thousand pesos or both.
 otherwise known as the “Law on Release on
Recognizance”, which places under the custody of
prominent persons in the community for those who cannot
post bail.
 August 4, 1969
Pertaining Laws
Republic Act No. 6036
 bail shall not be required of a person charged with
violation of a municipal or city ordinance, a light
felony and/or a criminal offense the prescribed penalty
for which is not higher than six months imprisonment
and/or a fine of two thousand pesos, or both, where
said person has established to the satisfaction of the
court or any other appropriate authority hearing his
case that he is unable to post the required cash or bail
bond, except in the following cases:
Pertaining Laws
Republic Act No. 6036
a) When he is caught committing the offense in
flagrante;
b) When he confesses to the commission of the offense
unless the confession is later repudiated by him in a
sworn statement or in open court as having been
extracted through force or intimidation;
c) When he is found to have previously escaped from
legal confinement, evaded sentence, or jumped bail;
d) When he is found to have previously violated the
provisions of Section 2 hereof;
Pertaining Laws
Republic Act No. 6036
e) When he is found to be a recidivist or a habitual
delinquent or has been previously convicted for an
offense to which the law or ordinance attaches an
equal or greater penalty or for two or more offenses
to which it attaches a lighter penalty;
f) When he commits the offense while on parole or
under conditional pardon; and
g) When the accused has previously been pardoned by
the municipal or city mayor for violation of
municipal or city ordinance for at least two times.
Pertaining Laws

Republic Act No. 6036


 Instead of bail, the person charged with any
offense contemplated by Section 1 hereof
shall be required to sign in the presence of
two witnesses of good standing in the
community a sworn statement binding
himself, pending final decision of his case, to
report to the Clerk of the Court hearing his
case periodically every two weeks.
Pertaining Laws

Republic Act No. 6036


 The Court may, in its discretion and with the
consent of the person charged, require
further that he be placed under the custody
and subject to the authority of a responsible
citizen in the community who may be
willing to accept the responsibility.
Pertaining Laws
Republic Act No. 6036
 In such a case the affidavit herein mentioned shall include
a statement of the person charged that he binds himself to
accept the authority of the citizen so appointed by the
Court. The Clerk of Court shall immediately report the
presence of the accused person to the Court. Except when
his failure to report is for justifiable reasons including
circumstances beyond his control to be determined by the
Court, any violation of this sworn statement shall justify
the Court to order his immediate arrest unless he files bail
in the amount forthwith fixed by the Court.
Pertaining Laws

Republic Act No. 6127


 An Act amending Article 29 of the Revised
Penal Code, to give full time credit under
certain conditions to offenders who have
undergone preventive imprisonment
(detention prisoners) in the service of their
sentences.
 June 17, 1970
Pertaining Laws

Batas Pambansa Bilang 85


 An Act authorizing the release of any
offender or accused who has undergone
preventive imprisonment equal to or more
than the possible maximum imprisonment
to which he may be sentenced by
amending the Revised Penal Code.
 September 20, 1980
Pertaining Laws
Republic Act No. 10159
 An Act Amending Article 39 of Act No. 3815, as
amended, otherwise known as the “Revised Penal
Code”.
 Amendment on Art 39 of Revised Penal Code on
Subsidiary Penalty. Instead of P8.00, it is now P426.00.
(at the rate of one day for each amount equivalent to
the highest minimum wage rate prevailing in the
Philippines at the time of the rendition of judgment of
conviction by the trial court)
 10 April 2012
Pertaining Laws

Republic Act No. 10389


 An Act providing institutionalizing
recognizance as a mode of granting the release
of an indigent person in custody as an accused
in a criminal case and for other purposes.
 Recognizance Act of 2012
 Passed by legislative body on December 19,
2012 and was approved on March 14, 2013
Republic Act No. 10389

 It is the declared policy of the State to promote


social justice in all phases of national
development, including the promotion of
restorative justice as a means to address the
problems confronting the criminal justice system
such as protracted trials, prolonged resolution of
cases, lack of legal representation, lack of
judges, inability to post bail bond, congestion in
jails, and lack of opportunity to reform and
rehabilitate offenders.
Republic Act No. 10389

 In consonance with the principle of presumption of


innocence, the 1987 Philippine Constitution recognizes
and guarantees the right to bail or to be released on
recognizance as may be provided by law. In furtherance
of this policy, the right of persons, except those charged
with crimes punishable by death, reclusion perpetua, or
life imprisonment, to be released on recognizance before
conviction by the Regional Trial Court, irrespective of
whether the case was originally filed in or appealed to it,
upon compliance with the requirements of this Act, is
hereby affirmed, recognized and guaranteed.
Recognizance
• is a mode of securing the release of any
person in custody or detention for the
commission of an offense who is unable to
post bail due to abject poverty.
• The court where the case of such person has
been filed shall allow the release of the
accused on recognizance as provided herein,
to the custody of a qualified member of the
barangay, city or municipality where the
accused resides.
Release on Recognizance
as a Matter of Right
Guaranteed by the Constitution.
• The release on recognizance of any person in
custody or detention for the commission of an
offense is a matter of right when the offense is
not punishable by death, reclusion perpetua, or
life imprisonment:
• Provided, That the accused or any person on
behalf of the accused files the application for
such:
Release on Recognizance
as a Matter of Right
Guaranteed by the Constitution.

a) Before or after conviction by the Metropolitan Trial


Court, Municipal Trial Court, Municipal Trial Court in
Cities and Municipal Circuit Trial Court; and
b) Before conviction by the Regional Trial Court:
Provided, further, That a person in custody for a period
equal to or more than the minimum of the principal
penalty prescribed for the offense charged, without
application of the Indeterminate Sentence Law, or any
modifying circumstance, shall be released on the
person’s recognizance.
Requirements
a) A sworn declaration by the person in custody
of his/her indigency or incapacity either to
post a cash bail or proffer any personal or
real property acceptable as sufficient sureties
for a bail bond;
b) A certification issued by the head of the
social welfare and development office of the
municipality or city where the accused
actually resides, that the accused is indigent;
Requirements
c) The person in custody has been arraigned;
d) The court has notified the city or municipal
sanggunian where the accused resides of the
application for recognizance. The sanggunian shall
include in its agenda the notice from the court upon
receipt and act on the request for comments or
opposition to the application within ten (10) days
from receipt of the notice. The action of the
sanggunian shall be in the form of a resolution, and
shall be duly approved by the mayor,
Disqualifications
for Release on Recognizance

• Any of the following circumstances shall be a


valid ground for the court to disqualify an
accused from availing of the benefits
provided herein:
Disqualifications
for Release on Recognizance
(a) The accused bad made untruthful statements in
his/her sworn affidavit prescribed under Section 5(a);
(b) The accused is a recidivist, quasi-recidivist, habitual
delinquent, or has committed a crime aggravated by
the circumstance of reiteration;
(c) The accused had been found to have previously
escaped from legal confinement, evaded sentence or
has violated the conditions of bail or release on
recognizance without valid justification;
Disqualifications
for Release on Recognizance

d) The accused had previously committed a crime while on


probation, parole or under conditional pardon;
e) The personal circumstances of the accused or nature of
the facts surrounding his/her case indicate the probability
of flight if released on recognizance;
f) There is a great risk that the accused may commit another
crime during the pendency of the case; and
g) The accused has a pending criminal case which has the
same or higher penalty to the new crime he/she is being
accused of.
Qualifications of the Custodian
of the Person Released on Recognizance.
• Except in cases of children in conflict with
the law as provided under Republic Act No.
9344, the custodian of the person released on
recognizance must have the following
qualifications:
Qualifications of the Custodian
of the Person Released on Recognizance.
(a)A person of good repute and probity;
(b)A resident of the barangay where the applicant resides;
(c)Must not be a relative of the applicant within the
fourth degree of consanguinity or affinity; and
(d)Must belong to any of the following sectors and
institutions: church, academe, social welfare, health
sector, cause-oriented groups, charitable organizations
or organizations engaged in the rehabilitation of
offenders duly accredited by the local social welfare
and development officer.
Qualifications of the Custodian
of the Person Released on Recognizance.
• If no person in the barangay where the
applicant resides belongs to any of the
sectors and institutions listed under
paragraph (d) above, the custodian of the
person released on recognizance may be
from the qualified residents of the city or
municipality where the applicant resides.
Duty of the Custodian.
• The custodian shall undertake to guarantee the appearance
of the accused whenever required by the court.
• The custodian shall be required to execute an undertaking
before the court to produce the accused whenever
required. The said undertaking shall be part of the
application for recognizance. The court shall duly notify,
within a reasonable period of time, the custodian
whenever the presence of the accussed is required.
• A penalty of six (6) months to two (2) years imprisonment
shall be imposed upon the custodian who failed to deliver
or produce the accused before the court, upon due notice,
without justifiable reason.
Role of the Probation Officer.
• Upon release of the person on recognizance to the
custodian, the court shall issue an order directing the
Probation Office concerned to monitor and evaluate the
activities of such person.
• The Probation Office concerned shall submit a written
report containing its findings and recommendations on
the activities of the person released on recognizance on
a monthly basis to determine whether or not the
conditions for his/her release have been complied with.
The prosecution including the private complainant, if
any, shall be given a copy of such report.
Arrest of a Person
Released on Recognizance.

• The court shall order the arrest of the


accused, who shall forthwith be placed
under detention, due to any of the following
circumstances:
Arrest of a Person
Released on Recognizance.

(a) If it finds meritorious a manifestation made under oath by


any person after a summary healing, giving the accused an
opportunity to be heard;
(b) If the accused fails to appear at the trial or whenever
required by the abovementioned court or any other
competent court without justification, despite due notice;
(c) If the accused is the subject of a complaint for the
commission of another offense involving moral turpitude
and the public prosecutor or the mayor in the area where
the offense is committed recommends the arrest to the
court; or
Arrest of a Person
Released on Recognizance.
d) If it is shown that the accused committed an act of
harassment such as, but not limited to, stalking,
intimidating or otherwise vexing private
complainant, prosecutor or witnesses in the case
pending against the accused: Provided, That upon
the issuance by the court of such order, the accused
shall likewise become the proper subject of a
citizen’s arrest pursuant to the Rules of Court.
No Release on Recognizance
After Final Judgment or Commencement of
Sentence; Exception.
• The benefits provided under this Act shall not be allowed
in favor of an accused after the judgment has become final
or when the accused has started serving the sentence:
• Provided, That this prohibition shall not apply to an
accused who is entitled to the benefits of the Probation
Law if the application for probation is made before the
convict starts serving the sentence imposed, in which case,
the court shall allow the release on recognizance of the
convict to the custody of a qualified member of the
barangay, city or municipality where the accused actually
resides.
Pertaining Laws

Republic Act No. 10575


 An Act Strengthening the Bureau of
Corrections (BuCor) and providing funds
therefor
 Known as “The Bureau of Correction Act of
2013”.
 May 24, 2013
Pertaining Laws

Republic Act No. 10592


 An Act amending Art. 29, 94, 97, 98 & 99
of Act No. 3815, as amended, otherwise
known as the Revised Penal Code
 May 29, 2013
Pertaining Laws

Republic Act No. 10592

ART. 29.
 Period of preventive imprisonment
deducted from term of imprisonment
Pertaining Laws

Republic Act No. 10592


ART. 94.
Partial extinction of criminal liability
Criminal liability is extinguished partially:
1. By conditional pardon;
2. By commutation of the sentence; and
3. For good conduct allowances which the culprit
may earn while he is undergoing preventive
imprisonment or serving his sentence."
Pertaining Laws

Republic Act No. 10592

ART. 97
 Allowance for good conduct
Pertaining Laws

Republic Act No. 10592

ART. 98
 Special time allowance for loyalty.
Pertaining Laws

Republic Act No. 10592

ART. 99
 Who grants time allowances
THAN
K
YOU!
!!

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