Professional Documents
Culture Documents
Institutional Corrections
Institutional Corrections
CORRECTIONS
LYEN CAREL T. GARCIA, RCRIM
TOP 1
CLE JUNE 2022
THREE DIVISIONS OF CRIMINOLOGY
1. Sociology of Law – it deals with understanding the nature of
criminal law and its procedure of administration.
2. Criminal Etiology – it is concerned with determining causes
and factors of crime occurrence; and
3. Penology / Penal Science – it deals with management and
administration of inmates.
PENOLOGY
(Classical Doctrine Influence)
Penology has stood in the past and, for the most part, still stands for the policy of
inflicting punishment on the offender as a consequence of his wrongdoing.
Penal Management:
- It refers to the manner or practice of managing or controlling places of
confinement in jails or prisons.
CORRECTION
(Positivist doctrine influence)
CORRECTIONAL ADMINISTRATION:
It is 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.
TWO KINDS OF CORRECTION
APPROACHES IN THE PHILIPPINES
1. Institutional Correction
Rehabilitation of offenders in Jail or Prison.
2. Community-Based Correction
Correctional activities that takes place in the community
that directly addressed to the offender and aimed at help-
ing him to become a law abiding citizen.
HISTORICAL PERSPECTIVE ON
CORRECTIONS
13TH CENTURY – SECURING SANCTUARY
In the 13th Century, a criminal could avoid punishment by
claiming refugee in a church for a period of 40 days at the end of
which time, he has compelled to leave the realm by a road or path
assigned to him.
NOTE:
1870 – 1880 (GOLDEN AGE OF PENOLOGY)
THE PIONEERS CORRECTIONAL SYSTEM:
1. William Penn (1614-1718)
- He fought for religious freedom and individual rights.
- He is the first leader to prescribe imprisonment as correctional
treatment for major offenders.
- He is also responsible for the abolition of death penalty and
torture as a form of punishment.
7. Elam Lynds - A warden of the Auburn and later of Sing Sing (which
he built) was one of the most influential persons in the development of
early prison discipline in America. He is described as having been a
strict disciplinarian who believes that all convicts were cowards who
could not be reformed until their spirit was broken. To this end, he
devised a system of brutal punishments and degrading procedures,
many of which remained as accepted practice until very recent times.
8. Jean Jacques Villain - He is known as the Father of
Penitentiary Science. - pioneered classification to separate
women and children from hardened
4. Sir Evelyn Ruggles Brise – The Director of the English Prison who opened the
Borstal Institution for young offenders. The Borstal Institution is considered as the
best reform institution for young offenders today. Borstal Reformatory – the
first juvenile reformatory in England. The Borstal Institution of England is today
considered as the best reform institutions for young offenders.
New York House of Refuge - the first juvenile reformatory in USA.
5. Walter Crofton – He was the Director of the Irish Prison in 1854 who introduced
the Irish system that was modified from the Mocanochie’s mark system.
- Progressive mark system
- Irish System
- He is known as the Father of Parole in Ireland
THE PRIMARY SCHOOLS OF
PENOLOGY
THE CLASSICAL SCHOOL
It maintains the “doctrine of psychological hedonism” or
“free will”. That the individual calculates pleasures and pains in
advance of action and regulates his conduct by the result of his
calculations.
Code of Ur-Nammu
The Code of Ur-Nammu is the oldest known law code surviving
today. It is from Mesopotamia and is written on tablets, in the Sumerian
language c. 2100–2050 BCE
Both law codes are written in conditional statements, but the major
difference between the Code of Ur-Nammu and the Code of Hammurabi is
that the former institutes fines for bodily damage, while the latter
implements lex talionis.
2. ROMAN AND GREEK CODES
Maragtas Code
Promulgated during the time of Datu Sumakwel
PUNISHMENT AND PENALTY
PENALTY
Is the suffering that is inflicted by the state for the
transgression of law
PUNISHMENT
It is the redress that the state takes against an offender
where it signifies suffering or curtailment of its freedom.
PUNISHMENT
PURPOSES/JUSTIFICATIONS OF
PUNISHMENT
1. Retribution (PERSONAL VENGEANCE/ REVENGE)– the
punishment should be provided by the state whose sanction is
violated to afford the society or the individual the opportunity
of imposing upon the offender suitable punishment as might
be enforced. Offenders should be punished because they
deserve it.
3. Social Degradation – The act of putting the offender into shame or humiliation.
Iron Maiden
Box-like structure with the front half hinged like and door so
that a person could be placed inside. When the door was shut,
protruding spikes both back and front entered the body of the
prisoner
Treadmill
Prisoner is continually made to constantly climb stairs up to 14,000
feet.
Drawing and Quartering
This is one the most brutal methods of execution. An offender sentenced to
this death was first hanged until near death, taken down, their limbs tied to
horses, and then pulled apart as the horses ran in different directions.
Disembowelment, or the ripping out of internal organs, and the removal of
genitals often occurred while the accused was still alive
Breaking wheel
Also known as the Catherine wheel or simply the wheel
Was a torture device used for capital punishment from antiquity into early
modern times for public execution by breaking the criminal's bones/bludgeoning
him to death.
Electric Chair
as a method of execution was introduced in 1926 during the American
occupation. It was used until 1976, during the time of former President
Ferdinand Marcos. Article 81 of the Revised Penal Code is the provision
pertaining to the death penalty.
1987 Philippine Constitution - abolished the death penalty except for
heinous crimes, as stated under Section 19, Article III.
AFFLICTIVE PENALTIES
3. Reclusion Perpetua – 20 yrs and 1 day up to 40 years
4. Reclusion Temporal – 12 yrs and 1 day to 20 years imprisonment
5. Prision Mayor – 6 yrs and 1 day to 12 years
CORRECTIONAL PENALTIES
6. Prision Correctional – 6 months and 1 day to 6 years
7. Arresto Mayor – 1 month and 1 day to 6 months
LIGHT PENALTIES
8. Arresto Menor – 1 day to 30 days
9. Bond to Keep the Peace – discretionary on the part of the court.
CONSTITUTIONAL RESTRICTIONS ON
PENALTIES
WHO IS A PRISONER?
a prisoner is a person who is under the custody of lawful
authority.
EARLY PRISON
1. Fortresses, Castles and Town Gates
2. Mamertine Prison/ Carcere Mamertino - the only early Roman place
of confinement which was built under the main sewer old Rome (64 B.C.)
3. Bridewell Workhouse (London 1557) - built for the employment and
housing of English Prisoner. The most popular workhouse; named after
St. Bridget Well.
4. Walnut Street Jail (Philadelphia) - Originally constructed as a
detention cell, converted into an estate prison and became the first
American Penitentiary.
5. Elmira Reformatory and Correctional Facility (New York USA) -
Known as “the Hill”; it is a maximum security prison. During the Golden
Age, it used parole extensively. Considered forerunner of modern
penology because it had all the elements of modern Penology.
6. Ergastulum – it is an ancient prison wherein prisoners are attached to
workbenches and are forced to do hard labor in the period of their
imprisonment.
7. Maison de Force (1627) – a house of correction in Ghent, Belgium which
separates adult from juveniles and women from men; an innovation to prison
system during the 1600s. It was established by Jean Jaques Villian (Father of
Penitentiary Science).
8. Auburn Prison and Correctional Facility (New York) - Built in the land that
was once a CAYUGA Indian Village. Maximum Security Facility, “A Congregate
System”
9. Singsing Correctional Facility/SingSing Prison (New York) - The third
prison built by New York State. It is a maximum-security prison inflicted aside
from 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. It became famous to the whole world because of singsing bath.
10. Alcatraz (The Rock) - 1850 – this prison is located on an island in
San Francisco Bay. It was built for the military in the 1850's and used by
them as a fort and a prison until 1933 when it was passed to the
Department of Justice thru the recommendation of Dir. John Edgar
Hoover and became a civil prison until it was closed in 1963 thru the
writings of James Bennet.
History where number 1 public enemies are imprisoned like Al
Capone
Famous Escapees of Alcatraz (1962):
1. Frank Morris
2. Clarence and John Anglin
2. Ordinary Jails
The type of jail commonly used to detain a convicted criminal
offender who serves less than three years.
In 1936, the City of Manila exchanged its Muntinlupa property with that of
the Bureau of Prison lot, the Muntinlupa property was intended as a site for
Boys Training School, but because it was too far, the City preferred the site of
the Old Bilibid Prison, the present site of Manila City Jail (BJMP).
b. NEW BILIBID PRISON, Muntinlupa City (Approximately 552
hectares) – this is where the Bureau of Corrections Central
Office is situated. The New Bilibid Prison has a capacity of 3,000
Prisoners. Within the complex are the three (3) security camps
administered by a Penal Superintendent and assisted by an
Assistant Superintendent in each camp.
1. FORT BONIFACIO
A committee report submitted to then President Carlos P. Garcia described Fort
Bonifacio, formerly known as Fort William McKinley as a military reservation
located in Taguig which was established after the Americans came to the Philippines.
The prison was originally used as a detention center for offenders of US military laws
and ordinances.
2. CORREGIDOR PRISON
In 1908 during the American regime, some 100 prisoners were transferred from
the Old Bilibid Prison to Corregidor Island to work under military authorities. This
move was in accordance with an order from the Department of Instructions which
approved the transfer of inmates so they could assist in maintenance and other
operations in the stockade.
3. BONTOC PRISON
The Philippine Legislature during the American regime passed Act No. 1876
providing for the establishment of a prison in Bontoc, Mountain Province. The
prison was built for the prisoners of the province and insular prisoners who were
BJMP MANUAL
POWERS
The BJMP exercises supervision and control over all
district, city and municipal jails.
FUNCTIONS
a. to enhance and upgrade organizational capability on a regular
basis; thus, making all BJMP personnel updated on all
advancements in law enforcement eventually resulting in
greater crime solution efficiency and decreased inmate
population;
b. to implement strong security measures for the control of
inmates;
c. to provide for the basic needs of inmates;
d. to conduct activities for the rehabilitation and development
of inmates; and
e. to improve jail facilities and conditions.
OBJECTIVES
a. To improve the living conditions of offenders in accordance
with the accepted standards set by the United Nations;
Illegal Contraband- are those that are unlawful in themselves and not
because of some extraneous circumstances (i.e. dangerous drugs,
weapons, potential weapons, explosives).
Jailbreak - the escape from jail by more than two (2) inmates by the
use of force, threat, violence or deceit or by breaching security barriers
such as by scaling the perimeter fence, by tunneling and/or by other
similar means or by burning or destructing of the facility or a portion of
the facility with or without the aid of jail officer or any other person.
a. Supreme Court;
b. Court of Appeals;
c. Sandiganbayan;
d. Regional Trial Court;
e. Metropolitan/Municipal Trial Court;
f. Municipal Circuit Trial Court;
g. Congress of the Philippines; and
h. All other administrative bodies or persons authorized by law to
arrest and commit a person to jail.
CLASSIFICATION
c. City Prisoner - one who is sentenced to a prison term of one (1) day to
three (3) years; and
a. Undergoing investigation;
b. Awaiting or undergoing trial; and
c. Awaiting final judgment.
INMATES SECURITY CLASSIFICATION
a. High Profile Inmate - those who require increased security based on
intense media coverage or public concern as a result of their offense
such as but not limited to those who have been involved in a highly
controversial or sensationalized crime or those who became prominent
for being a politician, government official, multi-million entrepreneur,
religious or cause-oriented group leader and movie or television
personality.
1.Commitment Order;
2. Medical Certificate – recent medical certificate taken within 24
hours prior to admission;
3.Complaint/Information;
4.Police Booking Sheet; and
RECORDS UNIT- This unit examines the completeness and
authenticity of the requirements for Commitment (Commitment
Order, Booking Sheet, Arrest Report and Information) before it refers
the inmate for physical examination by the Health Unit.
• Upon proper verification from the court of the authenticity of the order,
an inmate shall be released promptly and without unreasonable
delay;
• Under proper receipt, all money earned, other valuables held and
entrusted by the inmate upon admission, shall be returned to him/her
upon release; a
NOTE:
Conduct regular count of inmates at least five to six (5-6)
times within a 24-hour period and strictly implement the
established procedures in counting inmates
RULES TO BE FOLLOWED WHEN
TRANSPORTING INMATES
NOTES:
• Whenever possible, transfer shall only be made during daytime;
• Long distance transport of one (1) or more inmates shall be escorted by a
minimum of three (3) escort personnel and a back-up vehicle, if available;
• The most direct and shortest route to the destination shall be taken and no
deviation shall be allowed except when security consideration requires
otherwise;
• Team leader of the escort personnel must be equipped with a two-way
radio and/or a mobile phone;
• Using rented vehicle shall not be allowed when transporting inmates;
Escort personnel shall be the first ones to disembark from the vehicle
and shall position in a safe distance to ensure clear vision of disembarking
inmates. However, when boarding the vehicle, it should be the inmate
who shall first board the vehicle;
• Escort personnel are justified in using deadly force to
protect themselves and/or the inmate/s from ambush or any
deadly attack while in transport;
• Maximum security measure shall be observed at all times in
providing escort to high risk, high profile inmates and VEO’s
following the ratio of one is to one plus one escort
supervisor;
• The driver shall not leave the vehicle while in court or other
authorized destination and be watchful of any suspicious
individual;
• To avoid unnecessary stops while in transit, inmates should
have relieved themselves from personal necessity;
CONDUCT OF BODY SEARCHES ON
JAIL VISITORS
PURPOSE AND SCOPE
RUB SEARCH - is a search wherein the officer rubs and/or pats the subject’s
body over the clothing, but in a more intense and thorough manner. In a
rub search, the genital, buttocks, and breast (of females) areas are
carefully rubbed-areas, which are not searched in a frisk/pat search. Rub
searches shall not be conducted on cross-gender individuals.
Collection and delivery of mail. — The mail officer shall collect and deliver mail
matters on a daily basis, Monday through Friday. An inmate shall be advised to
claim his mail if he fails to claim his letter within twenty-four (24) hours after it is
received in prison.
Use of telephone. — All offender who demonstrates good behavior shall earn one
telephone call to an authorized individual every ninety (90) days. In such a
case, the telephone call shall be monitored and shall have a duration not
exceeding five (5) minutes. When making the call, the inmate shall identify
GUIDELINES ON CENSORSHIP OF MAIL
MATTER
The sending and receiving of mail by all inmates shall be governed by the following
guidelines:
a. Inmate mail shall be secured until such time that the censors are ready to
examine them.
b. Inmate mail shall be opened and searched by qualified, trained and authorized
personnel.
c. Greeting cards shall be carefully examined and fillers of any kind found therein
shall be collected for laboratory examination.
d. Photographs shall be marked on the reverse side and replaced in the envelope.
e. In censoring mail, prison slang, unusual nicknames and sentences with
double meaning shall be carefully studied and deciphered.
f. Letters passed by censors shall bear the censor's stamp at the top of each page
and on the envelope. The letter shall be replaced in the same envelope and
resealed.
g. The contents of an inmate's mail shall be confidential and shall not be
INMATE HEAD COUNT
A head count of inmates shall be conducted four (4) times
a day or as often as necessary to ensure that all inmates are
duly accounted for.
PROCEDURE FOR INMATE COUNT
The procedure for conducting a periodic physical head count of inmates
shall be as follows:
a. During the count, the inmates shall not be allowed to move until
the count is completed.
b. There must be a positive verification of an inmate's presence.
Counting an inmate as present on the basis of seeing any part of his
clothing, his hair, or shoes shall not be made.
c. A written report on the results of each head count shall be
submitted to the Chief Overseer.
d. If the inmate count does not tally with the list of inmates, the
matter shall be immediately reported to the Chief Overseer.
EXERCISE OF RELIGIOUS BELIEFS
AND PRACTICES
Religious freedom. — The religious beliefs and moral precepts of
an inmate shall be respected.
NOTE:
BJMP (1-7 DAYS)
RELEASE OF INMATE
Log book for mail of death convict. — Thirty (30) days prior to
the execution date, the Superintendent shall instruct the mail
room officer to forward all the incoming mail of the death
convict to the Commander of the Guards for censorship.
Suspension of execution of the death sentence. — Execution by lethal
injection shall not be inflicted upon a woman within one year after delivery, nor
upon any person over seventy (70) years of age. In this last case, the death
sentence shall be commuted to the penalty of reclusion perpetua with the
accessory penalty provided in article 40 of the Revised Penal Code.
Place of execution. — The execution by lethal injection shall take place in the
prison establishment and space thereat as may be designated by the Director.
Said place shall be closed to public view.
NOTE:
SEC 13 - NAPOLCOM
SEC 23 - PNP
SEC 53 – BFP
Organization and Key Positions of the BFP and
the BJMP
(RA 9263)
(a) The BuCor shall operate with a directorial structure. It shall undertake
reception of inmates through its Directorate for Reception and Diagnostics
(DRD), formerly Reception and Diagnostic Center (RDC), provide basic
needs and security through its Security and Operations Directorates,
administer reformation programs through its Reformation Directorates, and
prepare inmates for reintegration to mainstream society through its
Directorate for External Relations (DER), formerly External Relations
Division (ERD).
The DRD shall be responsible for the conduct of classification of each and
every inmate admitted to the BuCor.
The Directorate for External Relations (DER) shall be responsible for pre-
release and post-release programs of inmates due for release.
THE MANDATES OF THE 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.
(7) Must not have been convicted by final judgment of an offense or crime
involving moral turpitude; and
(8) Must be at least one meter and sixty-two centimeters (1.62 m.) in height for
male, and one meter and fifty-seven centimeters (1.57 m.) for
female: Provided, That a waiver for height and age requirement/s may be
granted to applicants belonging to the cultural communities: Provided,
further, That a new applicant must not be less than twenty-one (21) or more
than forty (40) years of age. Except for this particular provision, the above-
enumerated qualifications shall be continuing in character and an absence of
any one of them at any given time shall be ground for separation or retirement
from the service: Provided, furthermore, That those who are already in the
service upon the effectivity of this Act shall be given five (5) years from the
date of such effectivity to obtain the minimum educational qualification and
eligibility with subsidiary assistance as provided for in this Act.
STANDARDIZATION OF THE BASE PAY AND OTHER BENEFITS
OF THE UNIFORMED PERSONNEL OF THE BUCOR.
CUSTODIAL RANK REFORMATION RANK
Corrections Chief Superintendent
Corrections Senior Superintendent Corrections Technical Senior Superintendent
Corrections Superintendent Corrections Technical Superintendent
Corrections Chief Inspector Corrections Technical Chief Inspector
Corrections Senior Inspector Corrections Technical Senior Inspector
Corrections Inspector Corrections Technical Inspector
Corrections Senior Officer IV Corrections Technical Senior Officer IV
Corrections Senior Officer III Corrections Technical Senior Officer III
Corrections Senior Officer II Corrections Technical Senior Officer II
Corrections Senior Officer I Corrections Technical Senior Officer I
Corrections Officer III Corrections Technical Officer III
Corrections Officer II Corrections Technical Officer II
Corrections Officer I Corrections Technical Officer I
PROFESSIONALIZATION AND UPGRADING OF
QUALIFICATION STANDARDS IN THE DESIGNATION OF
PERSONNEL OF THE BUCOR TO KEY POSITIONS
(1) Sub-Colony Supervisor – Should have the rank of Senior
Inspector, who must have finished at least-second year Bachelor of
Laws or earned at least twelve (12) units in a master’s degree program
(2) Colony Assistant Superintendent – Should have the rank of
Chief Inspector, who must have finished at least second year
Bachelor of Laws or earned at least twenty-four (24) units in a master’s
degree program
(3) Colony Superintendent – Should have the rank of
Superintendent, who must be a graduate of Bachelor of Laws or a
holder of a master’s degree
Provided, That in prison and penal farms with an inmate population of
two thousand (2,000) but below three thousand (3,000), the Colony
Superintendent shall have the rank and qualification of a Colony
Senior Superintendent; and
4) Regional Superintendent – Should have the rank of Senior
Superintendent or Chief Superintendent, who must be a
graduate of Bachelor of Laws or a holder of a master’s degree
Provided, That in prison and penal farms with an inmate
population of three thousand (3,000) but below five thousand
(5,000), the Regional Superintendent shall have the rank and
qualification of a Colony Senior Superintendent: Provided,
further, That in prison and penal farms with an inmate population
of over five thousand (5,000), the Regional Superintendent shall
have the rank and qualification of a Chief Superintendent.
FACILITIES OF THE BUREAU OF CORRECTIONS
(RA 10575 IRR)
Classification of Dormitory
Type A Dormitory – above 500 inmate capacity and lot area of more than
1.5 hectares
Type B Dormitory – 101 to 500 inmate capacity and lot area of 1.5 hectares
Type C Dormitory – 1 to 100 inmate capacity and lot area of 3,000 sq. m.
"1. When they are recidivists, or have been convicted previously twice or
more times of any crime; and
"2. When upon being summoned for the execution of their sentence they
have failed to surrender voluntarily.
"If the detention prisoner does not agree to abide by the same disciplinary rules
imposed upon convicted prisoners, he shall do so in writing with the assistance of a
counsel and shall be credited in the service of his sentence with FOUR-FIFTHS
of the time during which he has undergone preventive imprisonment.
"Credit for preventive imprisonment for the penalty of reclusion perpetua shall be
deducted from thirty (30) years.