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INSTITUTIONAL

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)

It is the study of punishment for crime or of criminal offenders. It includes the


study of control and prevention of crime through punishment of criminal
offenders.
The term is derived from the Latin word “POENA” which means pain or
suffering and “POENALIS” which
means punishment.

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)

A branch of the Criminal Justice System concerned with the


custody, supervision, and rehabilitation of criminal offenders.
It is that field of criminal justice administration which utilizes
the body of knowledge and practices of the government and the
society in general involving the processes of handling
individuals who have been convicted of offenses for purposes
of crime prevention and control.
It is the study of jail/prison management and
administration as well as the rehabilitation and reformation of
criminals.
It is a generic term that includes all government
agencies, facilities, programs, procedures, personnel, and
techniques concerned with the investigation, intake, custody,
confinement, supervision, or treatment of alleged offenders.

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.

BENEFIT OF THE CLERGY


In the 13th Century, a compromise between the church and
the king, wherein any member of the clergy brought to trial in
the king’s court shall be claimed from the jurisdiction by the
bishop or chaplain representing him and placed under the
authority of the ecclesiastical court.
GAOLS - (Jails) – pre-trial detention facilities operated by English
Sheriff.

GALLEYS – long, low, narrow, single decked ships propelled by


sails usually rowed by criminals. A type of ship used for
transportation of criminals in the 16th century.

HULKS – decrepit transport, former warships used to house


prisoners in the 18th and 19th century. These were abandoned
warships converted into prisons as means of relieving congestion
of prisoners. They were also called “floating hells”.
16th Century
Transportation of criminals in England was authorized. At
the end of the 16th century Russia and other European
countries followed this system. It partially relieved
overcrowding of prisons.

17th Century to late 18th Century


Death penalty became prevalent as a form of punishment.
REASONS WHY DEATH PENALTY BECAME
USUAL PUNISHMENT DURING THIS PERIOD
AND THEREAFTER
1. Death outlaws became a “protection for the English people”. It is
because the people during this period did not totally believe yet in the
ability to a strong police force to combat criminals.
2. People lack confidence in the transportation if criminals. Gaols and
Galleys became center of corruption and ineffective instrument of
punishment
3. Doctrine of Crude intimidation appeared or seemed to be a logical form
of threat in order to deter or prevent the people from violating the law.
4. The assumption was that, the Ruling Class is tasked to protect property
rights and maintain public peace and order. The system of maintaining
public order had little consideration or it did not recognize the social and
economic condition of the lower working class. The lawmakers and
enforcers used death penalty to cover property loss or damage with out
THE AGE OF ENLIGHTENMENT / AGE
OF REASON
18th Century is a century of change. 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 a certain person, gradually changing the old positive
philosophy of punishment to a more humane treatment of
prisoners with innovational programs.

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.

2. Charles Montesiquieu (Charles Louis Secondat, Baron de la


Brede et de Montesiquieu)
- (1689- 1755) A French historian and philosopher who analyzed law as
an expression of justice. He believes that harsh punishment would
undermine morality and that appealing to moral sentiments as a better
means of preventing crime.
3. VOLTAIRE (Francois Marie Arouet)
- (1694- 1778) He was the most versatile of all philosophers
during this period. He believes that fear of shame was a
deterrent to crime. He fought the legality-sanctioned practice
of torture.

4. Cesare Bonesa, Marchese de Beccaria (1738-1794)


- He wrote an essay entitled “An Essay on Crimes and
Punishment”, the most exiting essay on law during this century. It
presented the humanistic goal of law.
- “let the punishment fit the crime”
5. 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.
- He proposed the philosophy of utilitarianism.
- He advocated the imaginary mathematical formula of felicific
calculus
- Bentham was the one who devised the ultimate
PANOPTICON PRISON – a prison that consists of a large
circular building containing multi cells around the periphery. It
was never built.
Panopticon – to see everything or to observe.
6. John Howard (1726 – 1790) – the sheriff of Bedsfordshire in 1773
who devoted his life and fortune to prison reform. After his findings on
English Prisons, he recommended the following: single cells for
sleeping - segregation of women - segregation of youth - provision
of sanitation facilities - abolition of fee system by which jailers
obtained money from prisoners.
- He is known as the Father of Prison Reform in the world; great
prison reformer
- A philanthropist and the first English prison reformer.

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

9. James V. Bennett - Director of Federal Bureau of Prisons; he


wrote about closing of Alcatraz Prison; Built the Federal
Correctional Institution in Seagoville Texas.

10. Elizabeth Fry - An English reformer sometimes referred to as


the "angel of prisons" because of her driving force behind new
legislation to treat prisoners humanely.
The Reformatory Movement:
1. Alexander Maconochie – He was the Superintendent of the
penal colony at Norfolk Island in Australia (1840) who
introduced the “Mark System”. A system in which a prisoner is
required to earn a number of marks based on proper department,
labor and study in order to entitle him for a ticket for leave or
conditional release which is similar to parole.
- He is known as the Father of Parole in Australlia.

2. Manuel Montesimos – 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.
3. Domets of France / Frederick August Demets – established an agricultural
colony for delinquent boys in 1839 providing housefathers as in charge of these
boys. The boys were housed in cottages with house fathers 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.

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.

Basis of criminal liability – absolute human free will

Purpose of punishment - retribution


THE NEO-CLASSICAL SCHOOL
It maintained that while the classical doctrine is correct in
general, it should be modified in certain details. Since children
and lunatics cannot calculate the differences of pleasures
from pain, they should not be regarded as criminals, hence, they
should be free from punishment.
THE POSITIVIST/ITALIAN SCHOOL
The school that denied individual responsibility and
reflected non-punitive reactions to crime and criminality. It
adheres that crimes, as any other act, is a natural
phenomenon. Criminals are considered as sick individuals
who need to be treated by treatment programs rather than
punitive actions against them.

- treats criminals as sick individuals


- purpose of punishment is treatment is rehabilitation
EARLY CODES
MAIN LEGAL SYSTEMS IN THE WORLD (chronological order):

1. ROMAN (most lasting and most pervading influence)


2. MOHAMEDDAN OR ARABIC
3. ANGLO-AMERICAN
1. BABYLONIAN OR SUMMERIAN CODES

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

Code of King Hammurabi (Hammurabic Code)


Babylon, about 1900 BC, credited as the oldest code prescribing
savage punishment, but in fact, Summerian codes were nearly one hundred
years older.

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

Justinian Code– 6th C A.D., Emperor Justinian of Rome wrote


his code of law. An effort to match a desirable amount of
punishment to all possible crimes. However, the law did not
survive due to the fall of the Roman Empire but left a foundation
of Western legal codes.
Greek Code of Draco - In Greece, the Code of Draco, a harsh
code that provides the same punishment for both citizens
and the slaves as it incorporates primitive concepts (Vengeance,
Blood Feuds). The Greeks were the first society to allow any
citizen to prosecute the offender in the name of the injured
party.
The Hittites
existed about two centuries after the reign of Hammurabi and
they eventually conquered Babylon. The laws of the Hittites may
also be characterized as brutal, just like the Code of Hammurabi,
because they used death as punishment for many offenses.
Deuteronomy or the Mosaic Code
Deuteronomy is the fifth book in the Bible and it contains the
basis of Jewish laws. It is believed that it was made by Moses.
These laws were in the form of a covenant between God and the
people of Israel, given to Moses on the mountains. They begin
with the Ten Commandments and go on to statutes and
ordinances that God commanded Moses to teach the people.
The Code Of Solon
Solon, also an Athenian, was appointed archon and was
given legislative powers. During his time, he repealed almost all
the laws of the Code of Draco and created laws that provided
just punishments. The term “solon” is used to refer to any
member of the Senate or House of Representatives.

The Lex Salica (Frankish King, Clovis)


The lex salica refers to the legal customs of the ancient
Germanic tribes which invaded and defeated the Roman Empire in
the Middle Ages. When the Germanic tribes codified the lex salica,
they set out a schedule of monetary compensation for
wrongdoings, called botes.
Wergild or wergild refers to the value of monetary
compensation for human life, based on his status in life.
The Burgundian Code (500 A.D.)
Specified punishment according to the social class of
offender, dividing them into nobles, middle class and lower class
specifying the value of the life of each person according to social
status.

The Laws Of Islam


The laws of Islam can be found in the Koran, the holy
book of the Muslim religion. These laws are also believed to be of
divine origin. It is believed that they were given by Allah to the
prophet Mohammed.
EARLY CODES (PHILIPPINE SETTING)

Code of Kalantiao (Kalantiaw)


Promulgated in 1433 – Time of Datu Kalantiao

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.

2. Expiation or Atonement – it is punishment in the form of


group vengeance where the purpose is to appease the offended
public or group.
3. Deterrence – punishment gives lesson to the offender by showing
to others what would happen to them if they violate the law.
Punishment is imposed to warn potential offenders that they cannot
afford to do what the offender has done.

4. Incapacitation and Protection – the public will be protected if the


offender has been held in conditions where he cannot harm others
especially the public. Punishment is effected by placing offenders in
prison so that society will be ensured from further criminal
depredations of criminals.

5. Reformation or Rehabilitation – it is the establishment of the


usefulness and responsibility of the offender. Society’s interest can
be better served by helping the prisoner to become law abiding
citizen and productive upon his return to the community by requiring
him to undergo intensive program of rehabilitation in prison
ANCIENT FORMS OF PUNISHMENT
1. Death Penalty / Capital Punishment – Affected by burning, beheading, hanging,
breaking at the wheels, pillory and other forms of medieval executions.
DEATH CONVICT- This refers to an inmate were death penalty/sentence imposed by
the Regional Trial Court is affirmed by the Supreme Court.

2. Physical Torture / Corporal Punishment– It is affected by maiming, mutilation,


whipping and other inhumane or barbaric forms of inflicting pain.
CORPORAL PUNISHMENT – It is the infliction of physical pain as a form of
punishment.

3. Social Degradation – The act of putting the offender into shame or humiliation.

4. Banishment or Exile / ostracism / outlawry – 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.
- Presently known as Destierro
FORMS OF PUNISHMENT
Branding
Human branding or stigmatizing is the process in which a
mark, usually a symbol or ornamental pattern, is burned into the
skin of a living person, with the intention that the resulting
scar makes it permanent. It is done by pressing a burning, hot
iron to the person’s skin or body which would result in a wound
caused by the burning.

Jougs, Juggs, or Joggs


An iron collar fastened by a short chain to a wall, often
of the parish church, or to a tree or cross. The collar was placed
round the offender's neck and fastened by a padlock. Time spent
in the jougs was intended to shame an offender publicly.
The Rack
Device that drags apart the joints in the feet and hands.

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

Scavenger's Daughter (or Skevington's Daughter)


It was an A-frame shaped metal rack to which the head was
strapped to the top point of the A, the hands at the midpoint and the
legs at the lower spread ends; swinging the head down and forcing
the knees up in a sitting position compressing the body so as to
Scold's Bridle
Sometimes called a Brank's Bridle or simply Branks – an
instrument of punishment used primarily on women, as a form of
torture and public humiliation.
The device was an iron muzzle in an iron framework that
enclosed the head. A bridle-bit (or curb-plate), about 2 inches long and 1
inch broad, projected into the mouth and pressed down on top of the
tongue. The curb-plate was frequently studded with spikes, so that if the
offender moved her tongue, it inflicted pain and made speaking
impossible.

Foot Whipping or Bastinado


The undergoing person is required to be barefoot. The beating is
typically inflicted with an object in the type of a cane or a crop and
repeated over a varying number of times. It is usually targeted at the
vaults or arches of the foot but sometimes the heels and balls of the feet
can be targeted also.
Iron Boot
Designed to cause crushing injuries to the foot and/or leg

Milk & Honey


The person was encased in a box from which his head, hands &
feet protrude, forcibly feed with milk and honey which was also smeared
in his face and then exposed to the sun seventeen (17) days, he lingered
on this horrible condition until he had been devoured alive by insect and
vermin.

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.

Death by Musketry or Firing Squad


Firing Squad refers to a group of soldiers. Usually, all members of the
group are instructed to fire simultaneously, thus preventing both disruption of
the process by a single member and identification of the member who fired the
lethal shot. The prisoner is typically blindfolded or hooded, as well as restrained.
METHODS OF DEATH PENALTY
EXECUTED IN THE PHILIPPINES
GARROTE – This became popular when 3 friars/priests
commonly addressed as GOMBURZA were executed in 1872 by
the Spanish colonial rules for exposing the venalities of the
church. An iron collar attached upon a scaffold formerly used in
Spain and Portugal. This method of execution was abolished in
the Philippines by virtue of Act 451.

LETHAL INFECTION – While the 1987 Constitution abolished


death sentence, Congress however, in 1996 passed RA 7659 as
amended by RA 8177 that imposes death penalty for heinous
crime by lethal injection.
STONING/LAPIDATION – It is a form of execution wherein the
condemned person is pelted with stones

BEHEADING - The condemned man’s neck is placed on the


wooden curved wood specially designed for the purpose. Most
often, the doomed-man is black hooded with both hands tied at
the back before his head is positioned at the chopping block. At a
given signal, the head is axed and the severed head fall on
the truck provided therefore.

CRUCIFICTION – A person convicted to death was nailed on


the cross with both hands and feet to add ignominy to his
agony and humiliation he was crowned with the specter of vines
of spines on his head. Then the Roman pears were thrust to his
flesh body and died of asphyxiation.
BURNING AT STAKE – It is a form of execution wherein the convict
is tied in a pole and then sets on fire alive.

FEEDING TO THE LIONS – The offender is thrown in a lion’s den.

PILLORY – Bouvier’s Dictionary defines pillory as a wooden


machine, in which the neck of the doomed culprit is inserted thereof
and usually executed in public as a means of punishing the
offenders in Europe and Colonial America.
– Pillory is a wooden frame with three curved holes in it (two for
the left and right wrists and the middle-curved hole is for the neck)
and mounted on the post upon a platform, the condemned man was
left to die at the mercy of unfriendly weather. Other similar forms
with holes for the offender’s feet are called as STOCK
DECAPITATION – derived from a LATIN word “DE” meaning
FROM and “CAPUT” meaning HEAD. Instead of using axe, the
method employed is by the use of a sword and the practice is
widespread in China and Muslim States.

FLAGELLATION – An X-designed log was cross-joined and


decline at 65 degrees backward. The hooded doomed-man was
tied on the cross-x with both hands spread upward while the feet
were spread apart. The con-man is bared naked except with the
skimpy short pants.
The whipping rod is made of stripped hard leather with
brass button in laid across and embedded at the tips. At the given
signal, six men will whip 30 lashes each alternately and will
continue except upon the intercession of the victim or the State
which intervention of the aggrieved to stop is tantamount to pardon
and the co-man shall be released to freedom.
GUILLOTIN – A device for cutting off people’s head developed in 1792
by Dr. Joseph Ignacio Guillotin a member of the French National
Assembly, he proposed that all executions must be uniform and painless.

ELECTRIC CHAIR – The convict is seated in a chair made of electrical


conducting materials with strap of electrodes on wrist, ankles and
head. Upon orders, the lever will be pulled-up and the fatal volts of
alternating current pass the body until the convict dies. If ever the convict
is still alive, the lever shall be pulled-again until he is pronounced dead

HANGING - Mostly, the execution is conducted at dawn. The executioner


will place a cloth over his head. Steel weights are strapped to the legs of
the death convict to ensure that he/she will die quickly. Then the rope
will be placed around the neck of the convict, and, finally, the
platform will be removed.
GAS CHAMBER- Invented after World War I by a Medical Corp’s
Officer of the US Army as an alternative to electric chair. In
medical term, the convict will die from Hypoxia which means
death due to the cutting-off of Oxygen in the brain. The convict is
placed in a sealed chamber where the carbon monoxide is
introduced until the convict is pronounced dead.

IMPALEMENT (IMPALING) - a form of capital punishment; it is


the penetration of an organism by an object such as a stake,
pole, spear or hook, by complete (or partial) perforation of the
body, often the central body mass. Killing by piercing the body
with a spear or sharp pole.
BRIEF HISTORY OF CAPITAL PUNISHMENT IN THE
PHILIPPINES

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.

Republic act 7659


An act to impose the death penalty on certain heinous crimes, amending
for that purpose the revised penal laws, as amended, other special penal
laws, and for other purposes
Republic Act No. 8177
approved March 20, 1996
It is the law that designated lethal injection as the method for carrying
out the capital punishment in the Philippines.
Developed in 1924 by an anesthesiologist in Nevada. Components of
chemicals used in Lethal Injection are:
SODIUM THIOPENTAL – a sleep inducing barbiturate,
PANCURONIUM BROMIDE – a drug capable of paralyzing the muscles;
POTASSIUM CHLORIDE – capable of stopping heartbeat within seconds
and this is commonly used in Heart-by-pass operations.

Republic Act No. 9346


the law prohibiting the imposition of the death penalty. It was approved on
June 24, 2006.
CONTEMPORARY FORMS OF PUNISHMENT:

1. Imprisonment / isolation / incarceration / commitment / incapacitation–


putting the offender in prison for the purpose of protecting the public against
criminal activities and at the same time rehabilitating the prisoners by requiring
them to undergo institutional treatment programs.
2. Parole - a conditional release of a prisoner after serving part of his/her
sentence in prison for the purpose of gradually re-introducing him/her to free
life under the guidance and supervision of a parole officer.
3. Probation – a disposition whereby a defendant after conviction of an
offense, the penalty of which does not
exceed six years imprisonment, is released subject to the conditions imposed
by the releasing court and under the supervision of a probation officer.
4. Fine – a pecuniary amount given as a compensation for a criminal act.
5. Destierro – the penalty of banishing a person from the place where he
committed a crime, prohibiting him to get near or enter the 25-kilometer
GOALS OF PUNISHMENT
1. General Deterrence - the state tries to convince potential criminals
that the punishment they face is certain, swift, and severe so that they
will be afraid to commit an offense.

2. Specific Deterrence - convincing offenders that the pains of


punishment is greater than the benefits of crime so they will not repeat
their criminal offending

3. Incapacitation - if dangerous criminals are kept behind bars, they


will not be able to repeat their illegal activities.

4. Retribution/Just Desert - punishment should be no more or less


than the offenders actions deserve, it must be based on how
blameworthy the person is
5. Equity/Restitution - convicted criminals must pay back their victims for
their loss, the justice system for the costs of processing their case and society
for any disruption they may have caused.

6. Rehabilitation - if the proper treatment is applied, an offender will present


no further threat to society

7. Diversion - criminals are diverted into a community correctional program


for treatment to avoid stigma of incarceration. The convicted offender might be
asked to make payments to the crime victim or participate in community
based program that features counseling.

8. Restorative Justice - repairs injuries suffered by the victim and the


community while insuring reintegration of the offender. Turn the justice system
into a healing process rather than a distributor of retribution and revenge.
PENALTY
SOCIAL JUSTIFICATION OF PENALTY
1. PREVENTION – the state shall 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 a 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
3. REFORMATION – the object of punishment in criminal cases is to
correct and reform the offender
4. EXEMPLARITY – the criminal is punished by the state as an act to
deter others from committing crimes.
5. JUSTICE – that the crime must be punished by the state as an act
of retributive, a vindication of absolute right and moral violated by
the criminal
PURPOSE OF PENALTY
1. RETRIBUTION OR EXPIATION – the penalty is
commensurate with the gravity of offense as a matter of
payment for the damage done
2. CORRECTIVE OR REFORMATION – as shown by the rules
which regulates the execution of the penalties consisting in
deprivation of liberty, thereby giving chance for his
reformation.
3. SOCIAL DEFENSE – as shown by its inflexible severity to
recidivist and habitual delinquents. Society must provide the
welfare of the people against any order in the community.
JURIDICAL CONDITIONS (LEGAL
REQUISITES) OF PENALTY
Punishment must be:
1. Productive of suffering – without however affecting the integrity of
the human personality.
2. Commensurate with the offense – different crimes must be
punished with different penalties (Art. 25, RPC).
3. Personal – the guilty one must be the one to be punished, no proxy.
4. Legal – the consequence must be in accordance with the law.
5. Equal – applicable for all persons.
6. Certain – no one must escape its effects.
7. Correctional – changes the attitude of offenders and become law-
abiding citizens.
DURATION OF PENALTIES
1. Death Penalty – Capital punishment
2. Life imprisonment – life time imprisonment for Special Penal Law

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

The Phil. Constitution directs that excessive fines shall


not be imposed, nor cruel and unusual penalties when it is so
disproportionate to the offense committed as to shock the
moral sense of all reasonable men as to what is right and proper
under the circumstances.
PRISON
AND
JAILS
PRISON DEFINED
A penitentiary, an institution for the imprisonment
(incarceration) of persons convicted of major/serious crimes.

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

JAMES A JOHNSTON “OLD SALTWATER” – the 1st warden of


Alcatraz Prison
OLIN GUY BLACKWELL - He was the last warden of the Alcatraz
prison.
THE TWO RIVAL PRISON SYSTEM IN THE
HISTORY OF CORRECTION
A. The Auburn Prison System – the prison system called the
“Congregate System” / GROUP SYSTEM
- The prisoners are confined in their own cells during the night and
congregate work in shops during the day. Complete silence was
enforced.
HARD WOOD SHOP – A place where prisoners do their labor.

B. The Pennsylvania Prison System – the prison system called


“Solitary System” / SILENT SYSTEM / SEPARATE SYSTEM.
Prisoners are confined in single cells day and night where they
lived, they slept, and they ate and receive religious instructions.
Complete silence was also enforced. They are required to read the
Bible.
EARLY FORMS OF PRISON DISCIPLINE
1. Hard Labor - productive works
2. Deprivation – deprivation of everything except the bare essentials of
existence
3. Monotony – giving the same food that is “off” diet or requiring the prisoners to
perform drab or boring daily routine.
4. Uniformity – “we treat the prisoners alike”; “the fault of one is the fault of all”.
5. Mass Movement – mass living in cell blocks, mass eating, mass recreation,
mass bathing.
6. Degradation – uttering insulting words or languages on the part of prison
staff to the 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 / BARTOLINA – non-communication,
limited news, “the lone wolf”
PRISON SECURITY, CUSTODY AND CONTROL
SECURITY – It involves safety measures to maintain the orderliness and
discipline with in jail or prison.

PRISON DISCIPLINE – It is the state of good order and behavior. It includes


maintenance of good standards of work, sanitation, safety, education, health
and recreation

PREVENTIVE DISCIPLINE – It is the prompt correction of minor violations


committed by prisoners before they become serious violations

CONTROL – It involves supervision of prisoners to ensure punctual and orderly


movement from one place work program or assignment to another

CUSTODY – is the guarding or penal safekeeping, it involves security


measures to insure security and control with in the prison.
JAIL DEFINED
It is a place for locking-up persons who are convicted of minor
offenses or felonies who are to serve a short sentences imposed
upon them by a competent court, or for confinement of persons who are
awaiting trial or investigation of their cases.

ORIGIN OF THE WORD JAIL


It is said to have been derived from the Spanish word JAULA /
CAULA which means a CAGE.
It is also said to have been derived from the French word GAOL
pronounced as “geole”, a place for the arrested criminals.
TYPES OF JAILS
1. Lock-up Jail
Is a security facility, common to police stations, used for temporary
confinement of individual held for investigation.

2. Ordinary Jails
The type of jail commonly used to detain a convicted criminal
offender who serves less than three years.

3. Workhouse, Jail Farms or Camp


Facility that houses minimum custody offenders who are serving
short sentences or those who are undergoing constructive work
programs. It provides full employment of prisoners, remedial
services and constructive leisure time activities.
JAIL VS PRISON
CATEGORIES JAIL PRISON
Purpose Accept inmates who Accepts inmates who
committed committed
minor offense major offense
Agency BJMP BUCOR
Department DILG DOJ
Law RA 6975 Act 1407
RA 9263 EO 292
RA 10575
Date of January 2, November 1,
Creation 1991 1905
CATEGORIES JAIL PRISON
Powers Accepts Detainees and Accepts offenders with
Convicts above 3 years imprisonment
with 3 years and below of
imprisonment
Jurisdiction Controls all City, Municipal Supervised all seven (7)
and District Jails insular prisons in the
Country
Agency Head Chief, BJMP Director
(Director General
Rank) (USec.)
Local Head Warden Superintendent
Personnel Jail Officers Correction
Officers
Uniform of Yellow Max –
Inmates Tangerine
Med – Blue
Min – Brown
THE SEVEN OPERATING CORRECTIONAL
FACILITIES IN THE PHILIPPINES
1. BILIBID PRISONS
a. OLD BILIBID PRISON (CARCEL Y PRESIDIO CORRECTIONAL) – the main
insular penitentiary during the Spanish regime. This was constructed in 1847
and was formally inaugurated in 1865 by virtue of the Royal Decree of the
Spanish Crown. This was located at Azcaraga St. (now Recto Ave.) then
famous “May Haligue Estate” at nearby Central Market at Oroquieta St. This
was constructed in radical spokes-of-a-wheel form with a tower in the center
spoke for easy command and control.
1. CARCEL – 600 INMATES’ CAPACITY
2. PRESIDIO – 527 INMATES’ CAPACITY

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.

The New Bilibid Prison specializes in the industrial type of


vocational training. It operates a furniture shop, shoe repair
shop, blacksmith and tinsmith shop, auto mechanics and
automobile body building shop, tailoring, electronics, watch-
repair, carpentry and rattan furniture shop. It is also engaged
in track gardening, poultry, piggery and animal husbandry.
THE THREE (3) SECURITY CAMPS
a. MAXIMUM SECURITY COMPOUND (Main Building) is for
prisoners whose sentences are 20 years and above, life termers
or those under capital punishment, those with pending cases,
those under disciplinary punishment, those whose cases are on
appeal, those under detention, and those that do not fall under
medium and minimum security status.
= wears tangerine shirt
= not allowed to do furlough
This type of institution is characterized by thick all
enclosures, 18 to 25 feet high. On top of the wall are catwalks
along which the guards patrol at night. At corners and strategic
places are tower posts manned by heavily armed guards.
b. MEDIUM SECURITY COMPOUND (also known as Camp
Sampaguita) is for prisoners whose sentences are below 20
years (computed from the minimum sentences per classification
interpretation) and those classified for colony assignment.
- This type of institution is usually enclosed by two layers of wire
fence. The inner fence is 12 to 14 feet high with curb and the
outer fence is 8 to 12 feet high. The two fences are from 18 to
20 feet apart. Usually, the top portion of the fence is provided with
barbed wire.
c. MINIMUM SECURITY COMPOUND (also referred to as
Camp Bukang Liwayway) is an open camp with less restrictions
and regimentation. This is for prisoners who are 65 years old and
above, medically certified as invalids and for those prisoners who
have six months or less to serve before they are released from
prison.
The lethal injection chamber is also located here. This type
of institution is usually without a fence and if there is one, its
purpose is to keep away the civilian population from
entering the institution rather than preventing escapes.
2. SAN RAMON PRISON AND PENAL FARM, Zamboanga del Sur
– founded by Capt. Ramon Blanco, a member of the Spanish Royal
Army and named the prison facility after the patron saint. This was
initially intended for the confinement of political prisoners
during Spanish era. 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.

Land area: Currently approximately 1,546 hectares


Principal product: Copra, rice, coffee, etc.
Year established: 1869 – 1870
- 2nd oldest prison after Old Bilibid Prison
3. IWAHIG PRISON AND PENAL FARM (Luhit), Puerto Princesa,
Palawan
The Americans established in 1904 the LUHIT 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.

ENVISIONED BY: Gov. Luke E. Wright


ORDERED BY: Gov. William Cameron Forbes
- Envisioned as an institution for incorrigible criminals. The first
contingent of prisoners who were confined here revolted against the
authorities.
The farm is predominantly designed for agro-industrial activities. Within its area are four (4) sub-
colonies:
1. Central sub-colony
2. Sta. Lucia sub-colony
3. Montible sub-colony
4. Inagawan sub-colony
- All these colonies are administered by a Penal Supervisor
- It administers the Tagumpay Settlement which is approximately 1, 000 hectares with six
hectares homestead lots distributed to inmates who desired to live in the settlement after service of
sentence.
- One of the best open institutions in the world.
Date established: Nov. 16, 1904
By virtue of: Reorganization Act of 1407
Land area: Approximately 36, 000 hectares – 41,007 (1912)
Principal product: rice, corn, copra and other forest product
- Largest penal colony
- Prison without walls
- The most open prison facility
- The best and the finest prison
4. CORRECTIONAL INSTITUTION FOR WOMEN,
Mandaluyong City
- The only female institution in the Philippines
- Since 1934, a female Superintendent was assigned to
supervise the prison facility.
- LOCATED AT WELFARE VILLE MANDALUYONG CITY
Year established: 1931
By virtue of: Act 3579 which was passed on Nov. 27, 1929
Vocational activities: Dress making, beauty culture, handicrafts
Capacity: 200
5. LEYTE REGIONAL PRISON, Abuyog, Southern Leyte
Date established: Jan. 16, 1973
- Under Proclamation No. 1101
- It is a prison facility which has a receiving and process station.
- It has three security facilities – maximum, medium, minimum.
- Because of its terrain, prison agro-industrial activities could not
be fully developed.
- Youngest prison
- Built during martial law - Ferdinand Marcos.
- Fastest growing prison
- Maximum capacity – 500 prisoners
6. SABLAYAN PRISON AND PENAL FARM, Sablayan, Mindoro
Occidental
- With four sub-colonies within the prison compound:
1. Central sub-colony
2. Pusog sub-clony
3. Pasugui sub-colony
4. Yapang sub-colony
- This penal farm is intended for agro-industrial activities
Land area: Approximately 16, 408.5 hectares
By virtue of: Proclamation no. 72
Date established: Sept. 26, 1954
Principal product: Rice
NEAREST PENAL COLONY IN MANILA
7. DAVAO PRISON AND PENAL FARM, Tagum, Davao del Norte
- The Davao Penal Colony was established on January 21, 1932 in
accordance, with Act No. 3732 and Proclamation No. 414, series
of 1931. With two sub-colonies:
1. Panabo sub-colony
2. Kapalong sub-colony
- It administers the Tanglaw Settlement for those inmates who
desire to live within the compound.
- 30,000 HECTARES
- First headed by: GEN. PAULINO SANTOS
- RICHEST AND HIGHEST INCOME EARNER
- BIGGEST BANANA AND ABACA PLANTATION
NON – OPERATIONAL PRISONS IN THE PHILIPPINES

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;

b. To enhance the safekeeping, rehabilitation and


development of offenders in preparation for their eventual
reintegration into the mainstream of society upon their release;
and

c. To professionalize jail services


DEFINITION OF TERMS
Carpeta - otherwise known as “inmate record or jacket”,
contains the personal and criminal records of inmates,
documents related to his/her incarceration such as but not limited
to: commitment order, subpoenas, personal identification, orders
from the court, and all other papers necessarily connected with
the detention of an inmate.

Mittimus Order - a warrant issued by a court bearing its seal


and the signature of the judge, directing the jail or prison
authorities to receive inmates for the service of sentence.
Contraband - any article, item, or thing prohibited by law and/or
forbidden by jail rules that would pose as security hazards or endanger
the lives of inmates.

Illegal Contraband- are those that are unlawful in themselves and not
because of some extraneous circumstances (i.e. dangerous drugs,
weapons, potential weapons, explosives).

Nuisance Contraband - are those that may not be classified as illegal


under the Philippine laws but are forbidden by jail rules i.e. cellphone,
money or other commodities of exchange such as jewelry, appliances and
gadgets, excessive wearing apparels and sleeping paraphernalia,
intoxicating liquors, cigarettes, pornographic materials, gambling
paraphernalia and other products that are considered as instruments for
vices since they threaten the security, fire safety, sanitation of the facility,
and the orderly activities of the jail.
Conjugal Visitation – refers to the visit by the wife for a short
period, usually an hour, more or less, to her incarcerated
husband during which they are allowed privacy and are generally
understood to have sexual contact.

Detainee - a person who is accused before a court or competent


authority and is temporarily confined in jail while undergoing or
awaiting investigation, trial, or final judgment.

Prisoner - an inmate who is convicted by final judgment.


Inmate - is the generic term used to refer to a detainee or
prisoner.

Escape-Prone Inmates - are inmates who are likely and have


the tendency to escape from the jail facility.

Infirmed Inmates - are those inmates who are physically or


mentally weak for a prolonged period of time specifically caused
by age or illness.

Instrument of Restraint - a device, contrivance, tool or


instrument used to hold back, keep in, check or control inmates;
e.g., handcuffs.
Jail Incident -any untoward or uncommon actions, events, or
conditions such as jail break, riot, noise barrage, stabbing or assault
upon personnel that occurs in jail and perpetrated by any person, which
may or may not have followed or depended upon another action of
grave or serious consequences such as escape, injury, death, fire,
flood, earthquake, or other calamity which affects the jail.

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.

Jail escape - it is an act of leaving from jail of an inmate through


unofficial and illegal ways or without any legal order from the
authorities.
Rehabilitation - a program of activity directed to restore an
inmate’s self respect and sense of responsibility to the
community, thereby making him/her a law-abiding citizen after
serving his/her sentence.

Safekeeping - refers to the temporary custody of a person for


his/her own protection from the community he or she comes
from, and for the community he or she comes from.
Sex Offenders - are those inmates who committed crimes
involving sex, including rape, molestation, pedophilia, sexual
harassment and pornography production or distributions.

Sexual Deviates - inmates who have a type of mental disorder


characterized by a preference for or obsession with unusual
sexual practices, as pedophilia, sadomasochism, or exhibitionism
or inmates whose sexual practices are socially prohibited.

Suicidal Inmates - are those inmates who have a tendency to


commit suicide or to harm themselves.
Bisexual - are those inmates who have a sexual attraction or sexual
behavior toward both males and females, and may also
encompass sexual attraction to people of any gender identity or to a
person irrespective of that person’s biological sex or gender.

Gay - is a male homosexual inmate, who experiences romantic


love or sexual attraction to fellow male inmates.

Lesbian - is a female homosexual inmate, who experiences


romantic love or sexual attraction to fellow female inmates.

Transgender - are those inmates whose gender identity or gender


expression does not match with their innate sexual identity.
COMMITMENT AND CLASSIFICATION
OF PRISONERS AND DETAINEES
COMMITMENT
Means entrusting for the confinement of an inmate to a
jail by a competent court or authority, for the purposes of
safekeeping during the pendency of his/her case.
COURTS AND OTHER ENTITIES AUTHORIZED TO
COMMIT A PERSON TO JAIL

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

Refers to assigning or to grouping of inmates according to


their respective penalty, gender, age, nationality, health, criminal
records, etc.
CATEGORIES OF INMATES
The two (2) general categories of inmates are:
a. Prisoner - inmate who is convicted by final judgment; and
b. Detainee - inmate who is undergoing investigation/trial or
awaiting final judgment.
CLASSIFICATION OF PRISONERS
The four (4) main classes of prisoners are:
a. Insular Prisoner - one who is sentenced to a prison term of three (3)
years and one (1) day to reclusion perpetua or life imprisonment;

b. Provincial Prisoner - one who is sentenced to a prison term of six (6)


months and one (1) day to three (3) years;

c. City Prisoner - one who is sentenced to a prison term of one (1) day to
three (3) years; and

d. Municipal Prisoner - one who is sentenced to a prison term of one


(1) day to six (6) months.
CLASSIFICATION OF DETAINEES

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.

b. High Risk Inmate - those who are considered highly dangerous


and who require a greater degree of security, control and
supervision because of their deemed capability of escape, of being
rescued, and their ability to launch or spearhead acts of violence inside
the jail. This includes those charged with heinous crimes such as
murder, kidnapping for ransom, economic sabotage, syndicated or
organized crimes, etc. Also included are inmates with military or police
c. High Value Target (HVT) - a target, either a resource or a
person, who may either be an enemy combatant, high ranking
official or a civilian in danger of capture or death, typically in
possession of critical intelligence, data, or authority marked as
an objective for a mission and which a commander requires for
the successful completion of the same.

d. Security Threat Group - any formal or informal ongoing


inmates’ group, gang, organization or association consisting
of three or more members falling into one of the following basic
categories: street gangs, prison gangs, outlaw gangs, traditional
organized crime, aboriginal gangs, subversive groups and
terrorist organizations.
e. Subversive Group - a group of persons that adopts or
advocates subversive principles or policies tending to
overthrow or undermine an established government.

f. Terrorist Group - a group of persons that commits any of


the following: piracy and mutiny in the high seas or in the
Philippine waters, rebellion or insurrection, coup d’état, murder,
kidnapping and serious illegal detention, crimes involving
destruction, arson, hijacking, violation of laws on toxic
substances and hazardous and nuclear waste control, violations
of atomic energy regulations, anti-piracy and anti highway
robbery, illegal and unlawful possession, manufacture, dealing in,
acquisition or disposition of firearms, ammunitions or explosives.
g. Violent Extremist Offender (VEO) - a person whose political or
religious ideologies are considered far outside the mainstream
attitudes of the society or who violates common moral standards and
who has adopted an increasingly extreme ideals and aspirations
resorting to the employment of violence in the furtherance of
his/her beliefs.

h. Medium Risk Inmates -those who represent a moderate risk to


the public and staff. These inmates still require greater security,
control and supervision as they might escape from and might
commit violence inside the jail.

i. Minimum Risk Inmates (Ordinary Inmates) - those inmates who


have lesser tendencies to commit offenses and generally pose
the least risk to public safety. In most cases, they may be first time
offenders and are charged with light offenses.
REQUIREMENTS FOR COMMITMENT

No person shall be committed to any jail facility without the


following required documents:
a. Commitment Order;
b. Medical Certificate - recent medical certificate taken within 24
hours prior to admission;
c. Complaint/Information;
d. Police Booking Sheet; and
e. Certificate of Detention from PNP and/or NBI.
RECEPTION PROCEDURES
GATER - He or she checks the credentials of the person
bringing the inmate/the committing officer to determine
his/her identity and authority. Also, he or she reviews the
completeness of the following documents before the person
bringing an inmate/the committing officer is allowed to enter the
facility. The documents mentioned earlier refer to the:

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.

HEALTH UNIT: Checks the authenticity of the entries in the medical


certificate; conducts thorough physical examination of the inmate
to determine his or her true physical condition; and asks
searching questions to determine injury/injuries found to have been
sustained by the inmate after the conduct of medical examination or
those injuries not diagnosed prior to commitment in jail.
In case of any discrepancy found during physical
examination but same discrepancy is not indicated in the
medical certificate, the committing officer shall be required to
secure another medical certificate of the inmate.
If no discrepancy is found during physical examination, the
inmate shall be referred back to the Records Unit.
RECORDS UNIT
1. Start the booking procedures:
a. Accomplish the jail booking sheet;
b. Strip-search the inmate to check for any birth marks, tattoos, etc;
c. Encode the inmate's information to the NIMS;
d. Fingerprint and photograph the inmate with mug shot background;
and
e. List the names of the visitors authorized by the inmate.

2. Apprise the inmate in a dialect that he/she understands of the


provisions of Art 29 of the RPC which was further amended by R.A.
10592;
Facilitate the signing of the Detainee’s Manifestation if he/she
agrees to abide by the same disciplinary rules imposed upon convicted
inmates. Otherwise, the warden issues a certification under oath
manifesting that the inmate was apprised of the provision of Art 29
PROPERTY CUSTODIAN
1. Checks the inmate’s belongings for presence of
contraband. Discovery of any contraband shall be treated in
accordance with existing policies.
2. Takes all cash and other personal properties from the
inmate, lists them down on a receipt form with duplicate, duly
signed by him/her and countersigned by the inmate. The original
receipt should be given to the inmate and the duplicate be kept
by the Property Custodian.
3. Keeps all cash and other valuables of the inmate in a safety
vault. Said cash and valuables may be turned over to any
person authorized by the inmate.
4. Refers the inmate to the desk officer.
DESK OFFICER - books the newly committed inmate in the jail
blotter; assigns the inmate to a reception area, if any, where
he/she shall be scheduled for orientation on jail rules and
regulation, and shall undergo risk assessment and
classification, evaluation and conduct of further medical
evaluation/screening by the Medical Officer

ASSISTANT WARDEN OR OFFICER OF THE DAY - Orients the


newly committed inmates on jail rules and regulations using the
Inmate’s Orientation Sheet.

JAIL WARDEN - Coordinates with concerned agencies


regarding the case of inmate for speedy disposition and to furnish
them with copies of the available needed documents.
CLASSIFICATION BOARD
Each jail shall maintain a classification board, if facilities
and personnel are available, to be composed of the following:
Chairperson - Assistant Warden
Member - Chief, Custodial/Security Office
Member - Medical Officer/Public Health Officer
Member - Jail Chaplain
Member - Inmates Welfare and Development Officer
CLASSIFICATION PROCESS
1. Admission of Inmate
Once the inmate has undergone the registration process;
he/she will be temporarily housed at the Inmate Classification
and Counseling Unit (ICCU) in jails where it is available. The
inmate shall stay at the ICCU for a minimum period of thirty
(30) days but not exceeding sixty (60) days or until the
completion of the classification process. At the ICCU, the newly
committed inmate will undergo assessment by the different
health professionals.
2. Medical Examination
3. Dental Examination
4. Psychological Examination
5. Social Case Study - The jail social worker at the ICCU shall
conduct in-depth interview with the newly admitted inmate,
an interview that considers the "who the inmate is" from birth
up to the present including his/her familial, educational, social,
vocational and other issues that has an impact on his/her
personality.
6. Risk Assessment - A risk assessment tool shall be utilized to
determine the level of violence/risk the inmate poses, either
external or internal.
7. Psychiatric Evaluation - to determine the present mental
state of the inmate and to diagnose any existing psychiatric
illness for further treatment
8. Case Management -The case manager shall be responsible
for the consolidation of all the results and shall make the
proper decision as to the classification of the inmates and
the identification development programs for each inmate.
9. Inmate Orientation and Counseling - inmate shall be
oriented on the basic jail rules and regulations.
10. Inmate Evaluation and Classification - inmate will now be
classified based on the level of risk and present physical, mental
and emotional state.
11. Proper Cell Assignment and Development Plans
12. The newly committed inmate is encouraged to participate in
the recommended development programs.
13. Monitoring
DISCIPLINARY BOARD
Chairperson - Assistant Warden
Member - Chief, Custodial/Security Office
Member - Medical Officer/Public Health Officer
Member - Jail Chaplain
Member - Inmates Welfare and Development Officer
Member - Inmates’ Representative
If the above composition is not feasible because of personnel
limitation, the warden shall perform the board’s functions and he
shall act as the summary disciplinary officer.
AUTHORIZED DISCIPLINARY
ACTIONS/MEASURES
FOR INMATES
1. For Detainees:
a. Admonition or verbal reprimand;
b. Restitution or reparation;
c. Temporary or permanent cancellation of all or some recreational
privileges;
d. Reduction of visiting time;
e. Close confinement in a cell for a period not exceeding seven
(7) days in any calendar month, provided that this disciplinary action
shall be imposed only in the case of an incorrigible inmate, and when
other disciplinary measures had been proven ineffective; and
f. Transfer to another BJMP jail in the area, in coordination with the
For Prisoners:
a. Admonition or verbal reprimand;
b. Restitution or reparation;
c. Additional job functions/community service within the jail premises;
d. Temporary or permanent cancellation of some or all recreational
privileges;
e. Reduction of visiting time;
f. Close confinement in a cell for a period not exceeding seven
(7) days in any calendar month, provided that this disciplinary action
shall be imposed only in the case of an incorrigible inmate, and when
other disciplinary measures had been proven ineffective;
g. Transfer to another BJMP jail in the area in coordination with
the Court;
h. Suspension of visiting privileges for a period not exceeding
one (1) month, provided that this sanction shall not apply to the
lawyer, physician or religious minister serving the needs of the
prisoner.
i. Permanent cancellation of visiting privileges with respect to
persons not included in the definition of immediate family under
RA 7438, provided that this sanction shall not apply to the lawyer,
physician or religious minister serving the needs of the prisoner.
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 a
particular month and subsequent months depending upon the
gravity of the offense.
MODES AND GUIDELINES FOR
RELEASE
An inmate may be released through:
a. Service of sentence;
b. Order of the Court;
c. Parole;
d. Pardon; and
e. Amnesty.
• Before an inmate is released, he/she shall be properly identified to
ensure that he/she is the same person received and is subject of
release.

• No inmate shall be released on a mere verbal order or an order


relayed via telephone.

• 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

• The released inmate shall be issued a certification of discharge from


PROCEDURE ON RELEASING
1. Desk Officer
Upon receipt of release order, the desk officer shall
coordinate with the paralegal officer for verification of the
authenticity of said order.
2. Paralegal Officer
Verifies the authenticity of the release order.
3. Records/Admin Officer
a. Starts processing inmate’s release.
b. Checks inmate records to ensure that the data in the release
order coincide with the data in the inmate’s carpeta (spelling of
name, offense, Criminal Case Number, etc.).
c. Checks that the inmate has no other pending case/s.
d. Routes the release paper to different signatories.
4. Property Custodian
1. Checks on the receipt of property and returns to the inmate
his/her deposited items.
2. Makes sure that returned items of the inmate are duly received
and properly recorded.
5. Desk Officer
Records the release of inmate and the condition of the
inmate upon his/her release.
6. Jail Warden
Reports to concerned agencies/persons the release of
inmate for aftercare program.
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.
PROCEDURES IN THE HEARING OF
DISCIPLINARY CASES
Note:
Upon submission of the complaint to the desk officer, he/she will
submit a written report to the warden and the latter will direct the
investigation unit to conduct an investigation within 24 hours.
If no sufficient ground – warden will dismiss the case
If minor violations – warden
If less grave or grave violations – warden will endorse it to
disciplinary board for hearing, or decide it in himself/herself as
summary disciplinary officer in the absence of the latter

Decisions of the board are subject to review and approval by


the warden whose decision should be final and executory.
PUNISHABLE ACTS
1. MINOR OFFENSES:
a. Selling or bartering with fellow inmate(s) those items not classified as
contraband;
b.Rendering personal service to fellow inmate(s);
c. Untidy or dirty personal appearance;
d. Littering or failing to maintain cleanliness and orderliness in his/her
quarters and/or surroundings;
e. Making frivolous or groundless complaints;
f. Taking the cudgels for or reporting complaints on behalf of other
inmates;
g. Reporting late for inmate formation and inmate headcount without
justifiable reasons; and
h. Willful waste of food.
2. LESS GRAVE OFFENSES:
a. Failure to report for work detail without sufficient justification;
b. Failure to render assistance to an injured personnel or inmate;
c. Failure to assist in putting out fires inside the jail;
d. Behaving improperly or acting boisterously during religious,
social and other group functions;
e. Swearing, cursing or using profane or defamatory language
directed at other persons;
f. Malingering or pretending to be sick to skip work assignment;
g. Spreading rumors or malicious intrigues to besmirch the honor
of any person, particularly BJMP personnel;
h. Failure to stand at attention and give due respect when
confronted by or reporting to any BJMP personnel;
i. Forcing fellow inmates to render personal service to him/her
and/or to others;
j. Exchanging uniforms or wearing clothes other than those
issued to him/her for the purpose of circumventing jail rules;
k. Loitering or being in an unauthorized place;
l. Using the telephone without authority from the desk
officer/warden;
m. Writing, defacing, or drawing on walls, floors or any furniture
or equipment;
n. Withholding information, which may be inimical or prejudicial to
the jail administration;
o. Possession of lewd or pornographic literature and/or
photographs;
p. Absence from cell, brigade, place of work during headcount, or
at any time without justifiable reason; and
q. Failure to turn over any implement/article/s issued after work
detail.
3. GRAVE OFFENSES:
a. Making untruthful statements or lies in any official communication,
transaction, or investigation;
b. Keeping or concealing keys or locks of places in the jail which are off-
limits to inmates;
c. Giving gifts, selling, or bartering items with jail personnel;
d. Keeping in his/her possession money, jewelry, cellular phones or other
communication devices and other items classified as contraband under the
rules;
e. Tattooing others or allowing him/her to be tattooed on any part of the
body, or keeping any paraphernalia to be used in tattooing;
f. Forcibly taking or extorting money from fellow inmates and visitors;
g. Punishing or inflicting injury or any harm upon himself/herself or other
inmates;
h. Receiving, keeping, taking or drinking liquor and prohibited drugs;
i. Making, improvising or keeping any kind of deadly weapon;
j. Concealing or withholding information on plans of attempted escapes;
k. Unruly conduct and flagrant disregard for discipline and instructions;
l. Escaping, attempting or planning to escape from the institution or
from any guard; m. Helping, aiding or abetting others to escape;
n. Fighting, causing any disturbance or participating therein and/or
agitating to cause such disturbance or riot;
o. 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;
p. Willful disobedience to a lawful order issued by any BJMP personnel;
q. Assaulting any BJMP personnel;
r. Damaging any government property or equipment;
s. 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;
t. Affiliating with any gang or faction whose main purpose is to
foment regionalism or to segregate themselves from others;
u. Failing to inform the authorities concerned when afflicted with
any communicable disease, such as tuberculosis, sexually-
transmitted diseases, etc.;
v. Engaging in gambling or any game of chance;
w. Committing any act which violates any law or ordinance, in which
case, he/she shall be prosecuted criminally in accordance with law;
and
x. Committing any act prejudicial to good order and discipline.
INMATES COUNT
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:

a. Count each inmate physically at specified times or as


necessary;
b. During the count, ensure that all movements of inmates are
stopped until the count is completed;
c. The count must be accurate. Make a positive verification to
ascertain that the inmates are physically present. Refrain
from conducting a count on the basis of only having seen any
part of his clothing, hair or shoes;
d. Submit a report of each count of a group of inmates to the
warden and/or assistant warden (officer of the day); and
e. If the total jail count does not tally with the total jail
population at any given time, conduct another count. Render
an immediate report to the warden and/or assistant warden
(officer of the day) relative to any unaccounted inmate.

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

This SOP aims to provide adequate safeguards against


the introduction of contraband into jail facilities and to
establish guidelines for different types of searches. All searches
should be conducted in a professional manner, without violating
the legal rights of visitors/inmates and with due respect and
regard to human dignity
PAT/FRISK SEARCH - is a search wherein the officer pats or squeezes the
subject’s clothing to attempt to detect contraband. For same gender
searches the Pat/Frisk search is normally accomplished in concert with Rub
Search.

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.

STRIP SEARCH - is a search, which involves the visual inspection of


disrobed or partially disrobed subject.

VISUAL BODY CAVITY SEARCH - is a search, which involves the


inspection of the anus and/or vaginal area, generally requiring the subject
to bend over and spread the cheeks of the buttocks; to squat and/or
otherwise expose body cavity orifices.
GREYHOUND FORCE
It aims to eliminate in all BJMP manned facilities any
form of contrabands that could have adverse implications on
overall administration of the facilities and to ultimately establish
order in all jails, promote operational efficiency and
encourage adherence to prescribed operating policies.
QUICK RESPONSE TEAM (QRT)

It is created purposely to respond immediately and


efficiently and to contain, control, and solve in the shortest
possible time any form of jail incidents/disturbance while
waiting for the arrival of reinforcement from the
National/Regional STAR team/s and friendly forces.

Shall be under the command and control of the jail


warden, or in his absence, the assistant warden or the most
senior JCO/JNCO.
NATIONAL INMATES’ MONITORING
SYSTEM (NIMS)

A dynamic stand-alone client application software is used in


Bureau of Jail Management and Penology (BJMP) Jails
nationwide in automating the inmates’ records.
BUCOR MANUAL
PURPOSE OF CONFINEMENT
a. to segregate him from society; and
b. to rehabilitate him so that upon his return to society he shall
be a responsible and law-abiding citizen.
BASIC PRINCIPLES
a. Seek to promote discipline and to secure the reformation
and safe custody of inmates.

b. Shall be applied impartially, without discrimination on


grounds of race, color, sex, language, religion or other opinion,
national or social origin, property, birth or other status.

c.Shall be enforced with firmness but tempered with


understanding.
DEFINITION OF TERMS
"CARPETA" refers to the institutional record of an inmate which
consists of his mittimus/commitment order, the prosecutor's information
and the decision of the trial court, including that the appellate court, if
any;

"PRISON RECORD" refers to information concerning an inmate's


personal circumstances, the offense he committed, the sentence
imposed, the criminal case numbers in the trial and appellate courts, the
date he commenced service of his sentence, the date he was received
for confinement, the place of confinement, the date of expiration of his
sentence, the number of previous convictions, if any, and his behavior or
conduct while in prison.
ADMISSION AND CONFINEMENT OF INMATES
Reception and Diagnostic Center; functions. — There shall be a
Reception and Diagnostic Center (NOW DRD) in every prison which
shall receive, study and classify inmates and detainees committed to
the Bureau.
Quarantine. — Upon admission in the Reception and Diagnostic
Center, an inmate shall be placed in quarantine for at least five (5)
days during which he shall be —
a. given a physical examination to determine any physical illness or
handicap or mental ailment and to segregate those suspected of
having an infectious or contagious disease. If found sick, the inmate
shall be immediately confined in the prison hospital;
b. oriented with prison rules; and
c. interviewed by a counselor, social worker or other program staff
officers. The interview shall be conducted in private.
Assignment of inmate. — After the quarantine period, the
inmate shall remain in the Reception and Diagnostic Center for a
period not exceeding fifty-five (55) days where he shall
undergo psychiatric, psychological, sociological, vocational,
educational and religious and other examinations. The results
of said examinations shall be the 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 Reception and Diagnostic Center
ADMISSION OF INMATES
An inmate shall be admitted in the Reception and Diagnostic
Center of a prison upon presentation of the following documents:

a. Mittimus/Commitment Order of the court;


b. Information and Court decision in the case;
c. Certification of detention, if any; and
d. Certification that the case of the inmate is not on appeal.

A female inmate shall be received only at the CIW.


REGISTRATION BOOK
A prison shall keep abound registration book wherein all
commitments shall be recorded chronologically. The register
shall contain the following entries:
a. Name of the inmate;
b. Reason for commitment and the authority therefor;
c. Sentence;
d. Date and hour of admission; and
e. Date and hour of discharge or transfer and basis therefor.
THE CLASSIFICATION PROCESS
DIAGNOSIS – inmates case history is taken and his personality
is studied
TREATMENT PLANNING – formulation of tentative treatment
program best suited to the needs of the person
EXECUTION OF TREATMENT PROGRAM – actual application
of the treatment program
RE-CLASSIFICATION – process of monitoring the response of
the prisoner to the treatment program and conduct review to the
previous finding compared to new information available.
THE RDC STAFF AND THEIR FUNCTIONS
Psychiatrist — examines the prisoner and prepares an abstract
of his findings. The abstract includes a brief statement of the
mental and emotional make-up of the individual with particular
reference to abnormalities of the nervous system and the
presence of psychoses, psychopathic behavior, neurotic
tendencies, paranoid trends and other special abnormalities.
Psychologist — interviews the man and administers tests. The
psychological abstract presents a statement of the
psychologist's findings with regard to the mental level, general
and special abilities, interests and skills of the prisoner.
Sociologist — the prisoner is interviewed by the sociologist.
Additional information is obtained through correspondence with
the prisoner's friends, relatives, and social agencies.
Education Officer or Counselor — the prisoner is interviewed by the
educational officer in order to determine his educational strengths
and weaknesses and to recommend suitable educational program for
him.
Vocational Counselor — the vocational counselor, by interview,
obtains a record of the man's former employment and tests the man
to determine his general and special abilities, interests and skills.
The Chaplain - The inmate is interviewed by the Chaplain and he is
encouraged to participate in religious worship.
Medical Officer — a complete physical examination is given each
inmate at which time his medical history is obtained. The
examination covers the major organs of the body, such as the lungs
and the heart, and includes tests of the blood and sense organs.
Custodial-Correctional Officer — the Chief of the correctional unit
prepares the custodial officer's abstract which includes all
significant observations made by the correctional officers of the
inmate's behavior and interactions to various situations in the
CLASSIFICATION OF INMATES
Classification Board. — Every prison shall have a Classification
Board that shall classify inmates in accordance with this Chapter.
The Board shall be composed of the following:
Chairman: Superintendent
Vice-chairman: Chief, Reception and Diagnostic Center
Members:
Medical Officer
Chief, Education Section
Chief, Agro-Industries Section
Secretary:
Chief Overseer
INMATES; HOW CLASSIFIED
Inmates shall be classified as to security status and as
to entitlement to prison privileges.
CLASSIFICATION OF INMATES AS TO SECURITY
RISK
An inmate shall be assigned to any of the following security groups:
A. MAXIMUM SECURITY — This shall include highly dangerous or high
security risk inmates as determined by the Classification Board who require a
high degree of control and supervision. Under this category are —
i. those sentenced to death;
ii. those whose minimum sentence is twenty (20) years imprisonment;
iii. remand inmates or detainees whose sentence is twenty (20) years and
above and those whose sentences are under review by the Supreme Court or
the Court of Appeals;
iv. those with pending cases;
v. recidivists, habitual delinquents and escapees;
vi. those confined at the Reception and Diagnostic center;
vii. those under disciplinary punishment or safekeeping; andviii. those who are
criminally insane or those with severe personality or emotional disorders that
make them dangerous to fellow inmates or the prison staff.
B. MEDIUM SECURITY — This shall include those who cannot be trusted in
less-secured areas and those whose conduct or behavior require minimum
supervision. Under this category are —
i. those whose minimum sentence is less than twenty (20) years
imprisonment;
ii. remand inmates or detainees whose sentences are below twenty (20)
years;
iii. those who are eighteen (18) years of age and below, regardless of the
case and sentence;
iv. those who have two (2) or more records of escapes. They can be
classified as medium security inmates if they have served eight (8) years
since they were recommitted. Those with one (1) record of escape must
serve five (5) years; and
v. first offenders sentenced to life imprisonment. They may be classified as
medium security if they have served five (5) years in a maximum security
prison or less, upon the recommendation of the Superintendent. Those who
were detained in a city and/or provincial jail shall not be entitled to said
C. MINIMUM SECURITY — This shall include those who can be
reasonably trusted to serve their sentences under less restricted
conditions. Under this category are —
i. those with a severe physical handicap as certified by the chief
medical officer of the prison;
ii. those who are sixty-five (65) years old and above, without
pending case and whose convictions are not on appeal;
iii. those who have served one-half (1/2) of their minimum
sentence or one-third (1/3) of their maximum sentence, excluding
Good Conduct Time Allowance (GCTA) as provided in Chapter 4,
Part III hereof; and
iv. Those who have only six (6) months more to serve before the
expiration of their maximum sentence.
COLOR OF UNIFORM AS TO
SECURITY CLASSIFICATION
The color of the uniform of an inmate shall be based on his
security classification, as follows:
a. Maximum security — tangerine
b. Medium security — blue
c. Minimum security — brown
d. Detainee — gray
CLASSIFICATION OF INMATES AS TO
ENTITLEMENT TO PRIVILEGES
Inmates shall be classified as follows to determine their entitlement
to prison privileges:
a. Detainee;
b. Third Class inmate — one who has either been previously committed
for three (3) or more times as a sentenced inmate,except those
imprisoned for non-payment of a fine and those who had been reduced
from a higher class;
c. Second Class inmate — a newly arrived inmate; an inmate demoted
from first class; or one promoted from the third class;
d. First Class inmate — one whose known character and credit for work
while in detention earned assignment to this class upon commencement of
sentence; or one who has been promoted from the second class;
e. Colonist.
PRIVILEGES OF A COLONIST
A colonist shall have the following privileges:
a. credit of an additional GCTA of five (5) days for each calendar month while
he retains said classification aside from the regular GCTA authorized under
Article 97 of the Revised Penal Code;
b. automatic reduction of the life sentence imposed on the colonist to a
sentence of thirty (30) years;
c. subject to the approval of the Director, to have his wife and children, or the
woman he desires to marry, live with him in the prison and penal farm.
Transportation expenses of the family going to and the discharge of the colonist
from the prison and penal farm shall be for the account of the government. The
family may avail of all prison facilities such as hospital, church and school free of
charge. All the members of the family of a colonist shall be subject to the
rules governing the prison and penal farm;
d. as a special reward to a deserving colonist, the issuance of a reasonable
amount of clothing and ordinarily household supplies from the government
commissary in addition to free subsistence; and
e. to wear civilian clothes on such special occasions as may be designated by
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 COLONIST STATUS
The grant of colonist status may, for cause, be revoked at
any time by the Superintendent with the approval of the Director.
TRANSFER OF INMATES
Transfer of inmate to another prison. — An inmate may be
transferred by the Director upon the recommendation of the
Superintendent concerned to another prison facility to bring said
inmate closer to his family or as part of his rehabilitation program.

Transfer of insane inmates. — An inmate who has been confirmed


to be mentally abnormal or insane may be transferred to a mental
hospital with the approval of the Director.

Transfer of inmates to a provincial jail and vice versa. — The


President of the Philippines may direct, as the occasion may
require, the transfer of inmates from a national prison to a provincial
jail, or vice versa. The expenses for such transfers shall be borne by
the Bureau except the cost of escort service which shall be provided
OUTSIDE MOVEMENT OF INMATES
Movement of inmate outside confinement facility

The Superintendent of a prison may authorize an inmate to be


taken out of prison in the following instances:
a. to appear in court or other government agency as directed
by competent authority;
b. for medical examination/treatment or hospitalization in an
outside clinic or hospital; or
c. to view the remains of a deceased relative
Outside movement of death convict. — A death convict shall not
be allowed to leave his place of confinement except for the
urgent treatment or diagnosis of a life-threatening or serious
ailment, if the diagnosis cannot be done or the treatment
provided in the prison hospital.

Basis of court appearance. — The court appearance of an inmate


shall be based on a subpoena issued by the court as endorsed
by the Director.
APPLICATION TO VIEW THE REMAINS OF A DECEASED
RELATIVE; SUPPORTING DOCUMENTS
A minimum or medium security inmate may, upon written
application, be allowed by the Superintendent to view the remains of the
following relatives upon written application and submission of the original
or certified true copies of the death certificate, the burial permit and the
documents specified hereunder:
a. Wife or husband (marriage certificate);
b. Child (birth certificate of child and marriage certificate of the inmate);
c. Brother/sister (birth certificate of brother/sister and birth certificate of the
inmate);
d. Father/mother (birth certificate of the inmate);
e. Grandchild (birth certificate of grandchild and of the latter's parent who
may be son or daughter of the inmate);
f. Grandparent (birth certificate of the inmate and of his/her parent who is
the son/daughter of the deceased grandparent).
DURATION OF PRIVILEGE
The inmate may be allowed more or less three (3) hours
to view the deceased relative in the place where the remains lie
in state but shall not be allowed to pass any other place in transit,
or to join the funeral cortege.
DISTANCE OF TRAVEL
The privilege may be enjoyed only if the deceased relative
is in a place within a radius of thirty (30) kilometers by road
from the prison. Where the distance is more than thirty (30)
kilometers, the privilege may be extended if the inmate can leave
and return to his place of confinement during the daylight
hours of the same day.
RIGHTS AND PRIVILEGES OF AN INMATE
Rights of an inmate. — An inmate shall have the following basic
rights:
a. to receive compensation for labor he performs;
b. to be credited with time allowances for good conduct and
loyalty;
c. to send and receive mail matter;
d. to practice his religion or observe his faith;
e. to receive authorized visitors;
f. to ventilate his grievances through proper channels; and
g. to receive death benefits and pecuniary aid for injuries.
PRIVILEGES OF AN INMATE
The following privileges shall also be extended to an inmate:
a. Attend or participate in any entertainment or athletic activity
within the prison reservation;
b. Read books and other reading materials in the library;
c. Smoke cigar and cigarettes, except in prohibited places;
d. Participate in civic, religious and other activities authorized by
prison authorities; and
e. Receive gifts and prepared food from visitors subject to
inspection.
RIGHTS OF A DETAINEE
A detainee may, aside from the rights and privileges
enjoyed by a finally convicted inmate, wear civilian clothes and to
grow his hair in his customary style.
PRISON LABOR
Prison labor of finally convicted inmate. — A finally convicted able
bodied inmate may be required to work at least eight (8) hours a
day, except on Sundays and legal holidays, in and about the prison,
public buildings, grounds, roads, and other public works of the national
government. In the interest of the service, however, they may be
required to work on excepted days.

Prison labor of detainee. — A detainee may not be required to


work in prison. However, he may be made to police his cell and
perform such other labor as may be deemed necessary for hygienic or
sanitary reasons.
Female inmate. — A female inmate shall only be assigned to
work on jobs suitable to her age and physical condition. She
shall be supervised only by women officers.

Old inmate. — An inmate over sixty (60) years of age may be


excused from mandatory labor.

Place of work assignment. — Only medium and minimum


security inmates may be assigned to work in agricultural
field projects within a prison reservation. Maximum security
inmates shall not be allowed to work outside the maximum
security compound.
COMPENSATION CREDITS
Inmate compensation. — Six (6) months after being
permanently assigned to work in prison, an inmate may
receive compensation credits at rates to be prescribed by the
Director, provided:

a. He maintains good conduct; and


b. He shows interest and a definite degree of progress in the
particular work assigned to him
WITHDRAWAL OF EARNINGS
The inmate may, at any time, withdraw from his
compensation earnings in an amount not exceeding one-half
(1/2) of his total earnings.
However, in cases of urgent need and at the discretion of
the Superintendent, the whole of his earnings may be
withdrawn. But he may, at any time, withdraw any part or all
monies received from other sources.
INMATE COMMUNICATION
Right to communicate. — An inmate shall have the right to communicate or
correspond with persons and organizations and to send and receive letters,
packages, books, periodicals and other materials that can be lawfully sent by mail.

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.

Expenses for special delivery of mail. — Inmates shall be allowed to send


letters by registered, certified, stamped or special delivery at their expense

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.

Proselytizing. — No prison official shall proselytize inmates under


his supervision or allow any inmate to do so without the consent
of the inmate concerned. Reasonable opportunity and access
shall be provided to inmates requesting information about the
activities of any religion with whom they may not be actually
affiliated
PUNISHMENT
Board of Discipline; composition. — The Director shall establish a
Board of Discipline in each prison to hear cases involving an
inmate who violates prison rules. It shall be presided over by the
Assistant Superintendent.
IMPOSABLE PUNISHMENT
The Board of Discipline shall be authorized to
impose any of the following disciplinary measures on an errant
inmate:
a. Caution or reprimand.
b. Cancellation of recreation, education, entertainment and
visiting privileges.
c. Deprivation of GCTA for a specific period.
d. Change of security status to the next higher category e.g.,
from medium to maximum.
CONFINEMENT IN DISCIPLINARY
CELL
If the above corrective measures prove to be ineffective, an
obstinate inmate may be punished by confinement in a disciplinary cell
from one (1) to two (2) months depending upon the gravity of the
offense committed. This punishment shall only be meted out if the
prison medical officer, after examination, certifies that the inmate is fit
to undergo the same or will not adversely affect his physical or mental
health.

NOTE:
BJMP (1-7 DAYS)
RELEASE OF INMATE

Basis for release of an inmate. — An inmate may be


released from prison:
a. upon the expiration of his sentence;
b. by order of the Court or of competent authority; or
c. after being granted parole, pardon or amnesty.
WHO MAY AUTHORIZE RELEASE
The following are authorized to order or approve the
release of inmates:
a. the Supreme Court or lower courts, in cases of acquittal or
grant of bail;
b. the President of the Philippines, in cases of executive
clemency or amnesty;
c. the Board of Pardons and Parole, in parole cases; and
d. the Director, upon the expiration of the sentence of the inmate.
APPROVAL BY DIRECTOR OF
RELEASE
An inmate shall only be released by the Superintendent
with the approval of the Director.
VERIFICATION OF IDENTITY OF
INMATE TO BE RELEASED
Before an inmate is released, he shall be properly
identified. His fingerprints and other identification marks shall be
verified with those which were taken when he was admitted in
prison, and any change in his distinguishing marks since said
admission.
PROHIBITED RELEASE OF INMATES
BEFORE AND AFTER ELECTION
The Director shall not order or allow an inmate to leave
prison sixty (60) days before and thirty (30) days after an
election except for valid or legal reasons.
SEPARATION AND PLACEMENT
CENTER
An inmate shall, thirty (30) days before his scheduled
date of release, be transferred to the Separation and
Placement Center to prepare him for reentry into free society,
provided he is not under punishment or an escape risk, and is
cleared of his government property accountability
SECURITY PROCEDURES DURING
EMERGENCIES, RIOTS, ESCAPES OR MAJOR
DISTURBANCES
Control Center shall be under the command of the
Superintendent or, in his absence, the Assistant Superintendent, and
in the latter's absence, the most senior prison guard present.

NOTES: Procedure during an escape or jailbreak.


• When a jail break is in progress or has just occurred, the Control
Center shall immediately sound the alarm and the
Superintendent or the Commander of the Guards shall be notified.
• At the first sound of the alarm, all inmates shall be locked in
their respective cells while those in work detail shall be marched
in orderly manner to their cells
• In case of mass jail breaks, all members of the custodial force
shall be immediately issued firearms and assigned to critical
posts to seal off all possible escape routes while teams
search the prison premises. Prison personnel who are off-duty
shall be required to report for duty immediately.

• If any prison officer or employee is held hostage by the


escapee, reasonable caution to insure safety shall be taken. If it
is the Superintendent who is taken as hostage, the Assistant
Superintendent shall assume command.
PROCEDURE DURING RIOTS AND
DISTURBANCES
1. Sound the alarm
2. All visitors shall be immediately ushered out the prison
3. All guards who are not on duty shall be directed to immediately report to
the Desk Officer. The most senior guard present shall take command of
the custodial force and make assessment of the situation.
4. All telephone calls to and from the prison compound shall be controlled.
5.The Armorer shall issue the necessary anti-riot equipment and firearms.
6.Based on his assessment of the prevailing conditions, the guard in
command shall deploy the guards into the following groups: (1st,2nd and 3rd
group)
1st Group — This is the initial wave of anti-riot assault
contingent who shall be armed with wicker shields, protective
headgear, gas masks and night sticks or batons, when
these are available. The objectives of this group are to
disperse the rioters and get their leaders.
2nd Group — This is the back-up force of the 1st Group
who shall be equipped with tear gas guns and gas
grenades.
3rd Group — This is composed of guards who are trained in
the proper handling and use of firearms. Under the direct
command of the guard-in-charge, they shall provide
covering fire to the first two groups.
VISITATION
BJMP MANUAL BUCOR MANUAL
- TUESDAY TO SUNDAY ONLY NEW:
- MONDAY (WASHDAY) WEDNESDAY TO SUNDAY
-TUESDAY TO FRIDAY (1:00 PM TO 8:00 AM TO 3:00 PM
5:00 PM)
-SATURDAY TO SUNDAY (VISITOR OLD:
ALLOWED ONE SCHED ONLY) SUNDAYS TO THURSDAYS
8:00 AM – 12:00 NOON OR 1:00 PM 9:00 AM TO 3:00 PM
TO 5:00 PM
ORDINARY INMATE – MAX OF 5
VISITORS
HIGH RISK INMATES – MAX OF 2
VISITORS (30 MINS. TO 1 HOUR ONLY(
EXECUTION OF DEATH PENALTY
Death penalty, how executed. — The death penalty shall be
executed under the authority of the Director by lethal injection.
Holding cell. — Whenever practicable, the death convict shall,
twelve (12) hours prior to the scheduled time of execution, be
confined in an individual cell in a maximum security level facility.
The convict shall be provided therein with a bunk, a steel/wooden
bed or mat, a pillow, a blanket and a mosquito net.
Death watch. — Four (4) guards shall keep a close watch over
a death convict confined in the holding cell. Said guards shall
keep a detailed log book of their watch.
Visitation. — A death convict shall be allowed to be visited by his
immediate family and reputable friends at regular intervals and
during designated hours subject to security procedures. Subject
to the approval of the Superintendent, a death convict shall,
seven (7) days before the scheduled date of execution, be
allowed daily visits by his authorized visitors and his
attorney of record.

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.

Administering of lethal drugs. — The injection of the lethal drugs to a death


convict shall be made by a person designated by the Director.

Identity of relatives of death convict and of person administering lethal


injection. — The identity of the relatives of the death convict and the person who
were designated to administer the lethal injection shall be kept secret.
REPUBLIC ACT No. 9346
AN ACT PROHIBITING THE IMPOSITION OF DEATH
PENALTY IN THE PHILIPPINES

SECTION 1. The imposition of the penalty of death is hereby


prohibited. Accordingly, Republic Act No. Eight Thousand One Hundred
Seventy-Seven (R.A. No. 8177), otherwise known as the Act Designating
Death by Lethal Injection is hereby repealed. Republic Act No. Seven
Thousand Six Hundred Fifty-Nine (R.A. No. 7659), otherwise known as
the Death Penalty Law, and all other laws, executive orders and
decrees, insofar as they impose the death penalty are hereby repealed
or amended accordingly.
RA 9263
AN ACT PROVIDING FOR THE PROFESSIONALIZATION OF THE
BUREAU OF FIRE PROTECTION (BFP) AND THE BUREAU OF JAIL
MANAGEMENT AND PENOLOGY (BJMP), AMENDING CERTAIN,
PROVISIONS OF REPUBLIC ACT NO. 6975, PROVIDING FUNDS THEREOF
AND FOR OTHER PURPOSES
SECTION 1. Title. - This Act shall be known as the "Bureau of
Fire Protection and Bureau of Jail Management and
Penology Professionalization Act of 2004”
CHAPTER V
Bureau of Jail Management and Penology
(RA 6975)

SECTION 60. Composition. — The Bureau of Jail Management


and Penology, hereinafter referred to as the Jail Bureau, is hereby
created initially consisting of officers and uniformed members of the
Jail Management and Penology Service as constituted under
Presidential Decree No. 765.

NOTE:
SEC 13 - NAPOLCOM
SEC 23 - PNP
SEC 53 – BFP
Organization and Key Positions of the BFP and
the BJMP
(RA 9263)

1ST IN COMMAND – Chief, BJMP (Rank: Director)


2ND IN COMMAND - Deputy Chief for Administration (Rank: CSUPT)
3RD IN COMMAND - Deputy Chief for Operation (Rank: CSUPT)
4TH IN COMMAND - Chief of Directorial Staff (Rank: CSUPT)

APPOINTED BY: PRESIDENT


RECOMMENDED BY: SECRETARY OF DILG
Organization and Key Positions of the BFP and the
BJMP
(RA 9263)

The BFP and the BJMP shall be respectively headed by a


Chief who shall be assisted by two (2) deputy chiefs, one (1) for
administration and one (1) for operations, all of whom shall be
appointed by the President upon recommendation of the
Secretary of the DILG from among the qualified officers with at
least the rank of senior superintendent in the service
RANK CLASSIFICATION OF THE BJMP (RA 9263)
RANK POSITION/TITLE APPOINTING AUTHORITY

DIRECTOR CHIEF, BJMP PRESIDENT

C/SUPT DEPUTY CHIEF, BJMP PRESIDENT

SR/SUPT ASS. REGIONAL DIR. DILG SEC.

SUPT ASS. REGIONAL DIR. CHIEF, BJMP

C/INSP WARDEN CHIEF, BJMP

S/INSP WARDEN CHIEF, BJMP

INSP WARDEN CHIEF, BJMP

SJO4-JO1 JAIL GUARDS REGIONAL DIRECTOR


Lateral Entry of Officer into the BFP and the BJMP
(RA 9263)

In general, all original appointments of officers in the Fire


Bureau and Jail Bureau shall commence the rank of fire/jail
inspector

Doctor of Medicine, members of the Philippine Bar and


chaplains shall be appointed to the rank of fire/jail senior
inspector in their particular technical service. Graduate of the
Philippine National Police Academy (PNPA) shall be
automatically appointed to the initial rank of fire/jail inspector
Professionalization and Upgrading of Qualification
Standards in the Designation of Uniformed Personnel of
the BFP and the BJMP to Key Positions. (RA 9263)

1) Municipal Jail Warden. – Should have the rank of chief


inspector, who have finished at least second year Bachelor of
Laws or earned at least twelve (12) units in a master' degree
program
2) City Jail Warden. – 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 master's degree program
Provided, That in city jails with a population of one thousand
(1,000) or more inmates, the city jail warden shall the rank and
qualification of a district jail warden;
District Jail Warden, Provincial Jail Administrator, Assistant
Regional Director for Administration, Assistant Regional Director
for Operations and Regional Chief of Directorial Staff. – Should
have the rank of senior superintendent, who must be a graduate of
Bachelor of Laws or a holder of a master's degree
Regional Director for Jail Management and Penology and Director
of the Directorate of the National Headquarters Office. – Should
have the rank of senior superintendent, who must be a graduate of
Bachelor of Laws or a holder of a master's degree
Deputy Chief for Administration of the Jail Bureau, Deputy Chief
for Operations of the Jail Bureau and Chief of Directorial Staff of
the Jail Bureau. – Should have the rank of senior superintendent,
who must be a member of the Philippine Bar or a holder of a master's
degree
Chief of the Jail Bureau. – Should have the rank of director, who must
be a member of the Philippine Bar or a holder of a master's degree
REPUBLIC ACT No. 10575
AN ACT STRENGTHENING THE
BUREAU OF CORRECTIONS
(BUCOR) AND PROVIDING
FUNDS THEREFOR
Short Title. – This Act shall be known as "The Bureau of
Corrections Act of 2013″.
GENERAL PROVISIONS
(RA 10575 IRR)
Declaration of Policy. It is the policy of the State to promote the
general welfare and safeguard the basic rights of every prisoner
incarcerated in our national penitentiary by promoting and
ensuring their reformation and social reintegration, creating an
environment conducive to rehabilitation and compliant with
the United Nations Standard Minimum Rules for Treatment of
Prisoners (UNSMRTP). It also recognizes the responsibility of
the State to strengthen government capability aimed towards the
institutionalization of highly efficient and competent correctional
services.
The concept of imprisonment is stated in
Rule 57 of UNSMRTP:

“Imprisonment and other measures which result in cutting


off an offender from the outside world are afflictive by the very
fact of taking from the person the right of self-determination
by depriving him of his liberty. Therefore the prison system
shall not, except as incidental to justifiable segregation or the
maintenance of discipline, aggravate the suffering inherent in
such a situation.”
THE CONCEPT OF REINTEGRATION TO
SOCIETY IS STATED IN RULE 58 OF UNSMRTP:
“The purpose and justification of a sentence of imprisonment or a
similar measure deprivative of liberty is ultimately to protect
society against crime. This end can only be achieved if the
period of imprisonment is used to ensure, so far as possible,
that upon his return to society the offender is not only
willing but able to lead a law-abiding and self-supporting
life.”
AND THE CONCEPT OF REFORMATION IS
STATED IN RULE 59 OF UNSMRTP:
“To this end, the institution should utilize all the
remedial, educational, moral, spiritual and other forces and
forms of assistance which are appropriate and available, and
should seek to apply them according to the individual treatment
needs of the prisoners.”
DEFINITION OF TERM
(a) Safekeeping, which is the custodial component of the BuCor’s present
corrections system, shall refer to the act that ensures the public (including
families of inmates and their victims) that national inmates are provided with
their basic needs, completely incapacitated from further committing criminal
acts, and have been totally cut off from their criminal networks (or contacts in
the free society) while serving sentence inside the premises of the national
penitentiary. This act also includes protection against illegal organized armed
groups which have the capacity of launching an attack on any prison camp of
the national penitentiary to rescue their convicted comrade or to forcibly
amass firearms issued to prison guards.

(b) Reformation, which is the rehabilitation component of the BuCor’s present


corrections system, shall refer to the acts which ensure the public (including
families of inmates and their victims) that released national inmates are no
longer harmful to the community by becoming reformed individuals prepared to
live a normal and productive life upon reintegration to the mainstream society.
OPERATIONS OF THE BUREAU OF CORRECTIONS

(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.

(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.
The reformation programs shall be undertaken by Professional Reformation
Personnel consisting of Corrections Technical Officers with ranking system and salary
ORGANIZATION AND KEY POSITIONS OF THE
BUREAU OF CORRECTIONS (RA 10575)
HEAD: Director General of Corrections (Rank: Undersecretary) – 1 st in
command

ASSISTED BY: 2nd in command


Deputy Directors of Corrections (Rank: Assistant Secretary)
-Administration
-Security and Operations
-Reformation

APPOINTED BY: PRESIDENT


RECOMMENDED BY: DOJ SECRETARY
TOUR OF DUTY: NOT EXCEEDING 6 YEARS, EXPN: IN TIMES OF WAR
(DECLARED BY CONGRESS)
• The third officer in command of the BuCor, with the rank of
Chief Superintendent, shall have the position and title of
Corrections Chief Superintendent.

• The fourth officer in command of the BuCor, with the rank of


Senior Superintendent, shall have the position and title of
Corrections Senior Superintendent.

• The fifth officer in command of the BuCor, with the rank of


Superintendent, shall have the position and title of Corrections
Superintendent.
PERSONNEL BUILD-UP OF BUCOR
(RA 10575 IRR)
Section 10. Increase of Personnel. The BuCor shall maintain
the custodial personnel-to-inmate ratio of 1:7 for three (3) shifts
and reformation personnel-to-inmate ratio of 1:24 for one (1)
shift. The reformation ratio is broken down into the following:
a) Moral and Spiritual personnel-to-inmate ratio is 1:240;
b) Education and Training personnel-to-inmate ratio is 1:120;
c) Work and Livelihood personnel-to-inmate ratio is 1:180;
d) Sports and Recreation personnel-to-inmate ratio is 1:225;
e) Health and Welfare personnel-to-inmate ratio is 1:80; and
f) Behavior Modification personnel-to-inmate ratio is 1:150.
• Administrative personnel requirements which shall have a ratio
of 1:14.58

• Engineering personnel ratio of 1:58.33

• Directorate for Reception and Diagnostics and Directorate for


External Relations combined personnel ratio of 1:120 (at 50%
share each)

• Directorate for Inmate Documents and Records personnel ratio


of 1:116.7
APPOINTMENT OF PERSONNEL TO THE BUCOR

The appointment of the BuCor shall be effected in the


following manner:

(a) Corrections Officer I to Corrections Chief Superintendent


– Appointed by the Director General of Corrections, and attested
by the Civil Service Commission (CSC); and

(b) Director General of Corrections and Deputy Director of


Corrections – Appointed by the President upon the
recommendation of the Secretary of the DOJ, with the proper
endorsement by the Chairman of the CSC.
PROFESSIONALIZATION AND UPGRADING OF
QUALIFICATION STANDARDS IN THE APPOINTMENT OF
THE BUCOR PERSONNEL
(a) No person shall be appointed as personnel of the BuCor
unless one possesses the following minimum qualifications:

(1) A citizen of the Republic of the Philippines;


(2) A person of good moral character;
(3) Must have passed the psychiatric/psychological, drug and
physical test for the purpose of determining his/her physical and
mental health;
(4) Must possess a baccalaureate degree from a recognized
learning institution;
(5) Must possess the appropriate civil service eligibility;
(6) Must not have been dishonorably discharged or dismissed for cause from
previous employment;

(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)

a) Dormitory – refers to the facility exclusively used as confinement area of


all inmates within the prison camp with specific consideration on spatial
designation.

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.

The recommended lot area per inmate is 30 sq. m.


CELL CAPACITY

• Ideal habitable floor area per inmate = 4.7 square meters


• Maximum number of inmates per cell = 10
• Maximum number of bunks beds = 5 units two level
• Wash area (for utensils, hand washing) = 1 unit
• Water closet (toilet bowl) = 1 unit
• Bath area = 1 unit
REPUBLIC ACT No. 10592
AN ACT AMENDING ARTICLES 29, 94,
97, 98 AND 99 OF ACT NO. 3815, AS
AMENDED, OTHERWISE KNOWN AS
THE REVISED PENAL CODE
Section 1. Article 29 of Act No. 3815, as amended, otherwise known as
the Revised Penal Code, is hereby further amended to read as follows:
"ART. 29. Period of preventive imprisonment deducted from term of
imprisonment. – Offenders or accused who have undergone preventive
imprisonment shall be credited in the service of their sentence consisting
of deprivation of liberty, with the full time during which they have
undergone preventive imprisonment if the detention prisoner agrees
voluntarily in writing after being informed of the effects thereof and
with the assistance of counsel to abide by the same disciplinary rules
imposed upon convicted prisoners, except in the following cases:

"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.

Whenever an accused has undergone preventive imprisonment for a period equal to


the possible maximum imprisonment of the offense charged to which he may be
sentenced and his case is not yet terminated, 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

That recidivists, habitual delinquents, escapees and persons charged with


heinous crimes are excluded from the coverage of this Act.

In case the maximum penalty to which the accused may be sentenced


is Destierro, he shall be released after thirty (30) days of preventive
Section 4. Article 98 of the same Act is hereby further amended to read as
follows:
"ART. 98. Special time allowance for loyalty. – A deduction of one fifth of the
period of his sentence shall be granted to any prisoner who, having evaded his
preventive imprisonment or the service of his sentence under the circumstances
mentioned in Article 158 of this Code, gives himself up to the authorities within
48 hours following the issuance of a proclamation announcing the passing away
of the calamity or catastrophe referred to in said article. A deduction of two-
fifths of the period of his sentence shall be granted in case said prisoner chose
to stay in the place of his confinement notwithstanding the existence of a
calamity or catastrophe enumerated in Article 158 of this Code.
"This Article shall apply to any prisoner whether undergoing preventive
imprisonment or serving sentence."
NOTE:
Art 158 – Evasion of Service of Sentence due to failure to return
within 48 hours after passing of calamity or disorder. Surrendered
after 48 hours shall also be charged with Art. 158 but must be
given the mitigating circumstance of voluntary surrender
GOOD CONDUCT TIME ALLOWANCE
OLD GCTA LAW ART 97. RPC
1) 1 st 2 year – 5 days per month
2) 3 rd – 5 th year – 8 days per month
3) 6 th – 10 th year – 10 days per month
4) 11 th – succeeding years – 15 days per month
Granted only by the director of BUCOR to a convicted inmate & cannot be
applied in BJMP.
Act No. 2489, otherwise known as the Industrial Good Time Law, provides that
when a prisoner has been classified as trusty or penal colonists, he is given an
additional 5 days’ time allowance for every month of service. A prisoner serving
life sentence has his sentence automatically reduced to 30 years of imprisonment
upon attaining the classification of trusty or penal colonists

The abovementioned privilege will not apply if,


✓ When they are recidivists, or have been convicted previously twice or more times of
any crime; and
✓ When upon being summoned for the execution of their sentence they have failed to
NEW GOOD CONDUCT TIME ALLOWANCE
(RA 10592)
1. 1st to 2nd year – 20 days / month
2. 3rd to 5th year – 23 days / month
3. 6th to 10th year – 25 days / month
4. 11th up – 30 days / month
5. -15 days / month for study and mentoring
May be granted by the Director of BJMP, Director of BuCor
and Provincial, City and Municipal Jail Wardens and can now
be granted even to a detainee while undergoing trial.
DISQUALIFIED FOR GCTA
✓ Recidivist, quasi-recidivist and habitual delinquents
✓ Failed to surrender voluntarily after being summoned to the
execution of the sentence
-END-

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FUTURE REGISTERED
CRIMINOLOGISTS!

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