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INSTITUTIONAL CORRECTION

• PENOLOGY
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.
• - Penology is otherwise known as Penal Science.
CORRECTION

• - A branch of the Criminal Justice System


concerned with the custody, supervision and
rehabilitation of criminal offenders.
• - It is the study of jail/prison management and
administration as well as the rehabilitation and
reformation of criminals.
Penitentiary Science- is limited only to the
study of penalties dealing with deprivation
of liberty.

Penal Management- Refers to the manner or


practice of managing or controlling places
of confinement as in jails or prisons.
Correctional Administration

• The study and practice of a systematic


management of jails or prisons and other
institutions concerned with the custody,
treatment, and rehabilitation of criminal
offenders.
Correction as one of the pillars of
Criminal Justice System is
considered as the weakest pillar

• This is because of its failure to deter individuals in


committing crimes as well as the reformation of inmates.
This is evident in the increasing number of inmates in jails or
prisons. Hence, the need of prison management is necessary
to rehabilitate inmates and transform them to become law-
abiding citizens after their release.
Two Approaches of Correction

1. Institutional Correction (Institutional-based


Correction – rehabilitation or correctional
programs take place inside correctional facilities
or institutions.

2. Non-Institutional Correction (Community-


based Correction) – rehabilitation or
correctional
programs take place within the community.
Important Dates and Events in the
History of Corrections
• 13th Century – Securing Sanctuary
In the 13th C, 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.
• 1468 (England) – Torture as a form of punishment became prevalent.
• 16th Century – Transportation of criminals in England, was authorized.
At the end of the 16th C, Russia and other European Countries followed
this system. It partially relieved overcrowding of prisons. Transportation
was abandoned in 1835.
• 17th C to late 18th C – Death Penalty became prevalent as a form of
punishment.
• The Golden Age of Penology
The period from 1870 to 1880 was considered the golden age of
penology because of the following significant events:
• 1870- the National prisons Association organized in Cincinnati,
Ohio.
• 1872- the First International Congress was held at London w/c
established the International Penal and Penitentiary Commission;
1875- its headquarters was established at Hague, Netherlands.
• 1876- the Elmira Reformatory (Forerunner of modern penology)
was established in New York.
• The First separate institution for women were established in Indiana
and Massachusetts.
• GAOLS - (Jails) – pretrial 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 16 th 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”.
THE AGE OF
ENLIGHTENMENT

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 certain person,
gradually changing the old positive philosophy of
punishment to a more humane treatment of
prisoners with innovational programs.
The Pioneers
1. William Penn (1614-1718)
- He fought for religious freedom and individual rights.
- He is the first leader to prescribe imprisonment as correctional treatment for
major offenders.
- He is also responsible for the abolition of death penalty and torture as a
form of punishment.

2. Charles Montesquieu
- (1689- 1755) A French historian and philosopher who analyzed law as an
expression of justice. He believe that harsh punishment would undermine
morality and that appealing to moral sentiments as a better means of
preventing crime.
3. 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.
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.
- the one who devise the ultimate PANOPTICON PRISON – a prison that
consists of a large circular building containing multi cells around the
periphery. It was never built.

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.
The Reformatory Movement
1. Alexander Maconochie
– He is 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.

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 – established an agricultural colony for
delinquent boys in 1839 providing housefathers as in
charge of these boys.

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

5. Walter Crofton– He is the Director of the Irish Prison in


1854 who introduced the Irish system that was modified
from the Maconochie’s mark system.
6. Zebulon Brockway – The Director of the Elmira
Reformatory in New York (1876) who introduced certain
innovational programs like the following: training school
type - compulsory education of prisoners - casework
methods - extensive use of parole - indeterminate sentence.
- He was given the title “father of Prison Reform” in the
United States.

Elmira Reformatory- is considered forerunner of modern


penology because it had all the elements of a modern
system.
The Two Rival Prison System in the History of Correction
A. The Auburn Prison System
– the prison system called the “Congregate System”.
- The prisoners are confined in their own cells during the night and
congregate work in shops during the day. Complete silence was
enforced.

B. The Pennsylvania Prison System


– the prisons system called “Solitary System”.
- Prisoners are confined in single cells day and night where they lived,
they slept, they ate and receive religious instructions. Complete Silence
was also enforced. They are required to read the Bible.
- Redress (Compensation) of a wrong act
Early Codes
three main legal systems in the world,: Roman, the
Mohammedan or Arabic and the Anglo-American Laws.

Roman law that has the most lasting and most pervading
influence. The Roman private law (Which include Criminal
Law), especially has offered the most adequate basic
concepts which sharply define, in concise and inconsistent
terminology, mature rules and a complete system, logical
and firm, tempered with a high sense of equity.
Babylonian and Sumerian Codes

a. Code of King Hammurabi (Hammurabic


Code) – Babylon, about 1990 BC, credited as the
oldest code prescribing savage punishment, but in
fact, Sumerian codes were nearly one hundred
years older.
b. 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
2. Roman and Greek Codes

a. 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.

* The Twelve Tables (XII Tabulae), (451-450 BC) – represented the


earliest codification of Roman law incorporated into the
Justinian Code. It is the foundation of all public and private law
of the Romans until the time of Justinian. It is also a collection
of legal principles engraved on metal tablets and set up on the
forum.
b. 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 Burgundian Code (500 A.D) – specified punishment


according to the social class of offenders, dividing them
into: nobles, middle class and lower class and specifying
the value of the life of each person according to social
status.
Early Codes (Philippine Setting)

Spanish Civil Code- became effective in the


Philippines on December 7, 1889

“Conquistadores” and the “Kodigo Penal”(The


Revised Penal Code today, 1930)- was introduced
by the Spaniards promulgated by the King of Spain.

Basically, these laws adopted the Roman Law


principles (Coquia, Principles of Roman Law,
1996).
Mostly tribal traditions, customs and practices influenced laws during
the Pre-Spanish Philippines.
a. The Code of Kalantiao (promulgated in 1433)
– the most extensive and severe law that prescribes harsh punishment.
b. The Maragtas Code (by Datu Sumakwel)
c. Sikatuna Law
Early Prisons
• Prison- from the Greco roman word “presidio” which is synonymous to
fence, cave, or dungeon.

• Mamertine Prison – the only early Roman place of confinement which is


built under the main sewer of Rome in 64 B.C

• Other places of confinement in the history of confinement include


FORTRESSES, CASTLES, and TOWN GATES that were strongly built
purposely against roving bands of raiders.

• The most popular workhouse was the BRIDEWELL WORKHOUSE


(1557) in London which was built for the employment and housing of
English prisoners.
• Walnut Street Jail – originally constructed as a detention jail in
Philadelphia. It was converted into a state prison and became the
first American Penitentiary.

• Alcatraz Prison- it is an island in San Francisco bay. It was the site


of infamous prison noted for its inhumane treatment and tortures.

• Auschwitz Prison- Built by the Germans near Cracow Poland. It


was popularly known as the death camp headed by Rudolf Hoess.
More than 2 million innocent victims perished either by torture, or
gas chamber in this infamous dreaded concentration camp.
PRISON VS. JAIL
Early prisons in the Philippines
Pre-Spanish period- prison system in the Philippines was tribal in
nature. Village chieftains administered it.

In 1847, the first Bilibid Prison was constructed and became the
central place of confinement for Filipino Prisoners by virtue of the
Royal decree of the Spanish crown.

In 1936, the City of Manila exchanges its Muntinlupa property with


the Bureau of Prisons originally intended as a site for boys’ training
school. Today, the old Bilibid Prison is now being used as the
Manila City Jail, famous as the “ May Halique Estate”.
Punishment

- It is the redress (remedy-treatment) that the state


takes against an offending member of society that
usually involve pain and suffering.
PURPOSES/JUSTIFICATIONS OF PUNISHMENT

1. Retribution – 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 can not afford to do what the offender has done

Specific Deterrence- The form of deterrence that is attributed


to the offender himself.
General Deterrence- The effect of the punishment is to the
general public.
• Deterrence- A crime control strategy that uses
punishment to prevent others for committing
similar crimes.
4. Incapacitation and Protection – the public will
be protected if the offender has being held in
conditions where he can not 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.
Penalty

• Is the suffering inflicted by the state to an offender


for transgression of the law.
• Imposed by the state
Juridical Conditions 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) (Proportioned)
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 – Penalty must be the same to all persons.
6. Certain – no one must escape its effects.
7. Correctional – changes the attitude of offenders and become law-abiding
citizens. (must change)
Duration of Penalties
Arresto Menor – 1 day to 30 days

Arresto Mayor – 1 month and 1 day to 6 months


Prision Correctional – 6 months and 1 day to 6 years

Prision Mayor – 6 yrs and 1 day to 12 years


Reclusion Temporal – 12 yrs and 1 day to 20 years imprisonment
Reclusion Perpetua – life imprisonment, a term of 20 years and 1 day -40 yrs
imprisonment

Death Penalty – Capital punishment (RA 9346 SUSPENDED)


Ancient Forms of Punishment
1. Death Penalty – affected by burning, beheading, hanging, breaking at the wheels,
pillory and other forms of medieval executions.

2. Physical Torture – affected by maiming, mutilation, whipping and other inhumane or


barbaric forms of inflicting pain.

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

4. Banishment or Exile – the sending or putting away of an offender which was carried
out either by prohibition against coming into a specified territory such as an island to
where the offender has been removed.

5. Other similar forms of punishment like transportation and slavery


Contemporary forms of punishment

• Destierro- mere. banishment and, and serves to


protect the killer or attacker. from retaliation of the
family members of the deceased. rather than as a
punishment.
• Imprisonment- the period of incarceration or
confinement ordered by a court of law regardless of
any suspension of the imposition or execution of all
or part of the sentence.
• Fine- is a penalty of money that a court of law or
other authority decides has to be paid as
punishment for a crime or other offense
Historical Development of Correction
System
THEORIES JUSTIFYING IMPOSITION OF PUNISHMENT
1. Prevention Theory – the state must punish the criminal to prevent or
suppress the danger to the state arising from the criminal acts of the
offender.
2. Self Defense Theory – the state has the right to punish the criminal as a
measure of self-defense so as to protect society from the threat and wrong
inflicted by the criminal.
3. Reformation Theory – the object of punishment is to correct and reform
the offenders.
4. Exemplary Theory – the criminal is punished is to serve as an example
to deter others from committing crimes
5. Justice Theory – the crime must be punished by the state as an act of
retributive justice a vindication of absolute right and moral law violated
by the criminal.
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 their confidence
7. Corporal Punishment – imposing brutal punishment or employing physical
force to intimidate a delinquent inmate.
8. Isolation or Solitary Confinement – non-communication, limited news, “ the
lone wolf”.
Methods of Death Penalty Executed in the Philippines

• Garrote- an iron collar is attached upon a scaffold. This became popular when
three priest GOMBURZA were executed in 1872 by the Spanish Colonial rulers
for exposing the venalities of the church. This method of execution was abolished
in the Philippines by virtue of Act No. 451.
• Firing Squad- our national hero Dr. Jose Rizal and Drug lord Lim Seng met their
death by firing squad.
• Beheading or Decapitation- Instead of using an axe, the method employed was
by the use of sword and the practice is widespread in China and Muslim countries.
• 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 will die quickly. Then the rope will be placed around the neck of
the convict, and finally, the platform will be removed.
Electric Chair- the Muntinlupa electric chair has claimed more than 70
offenders convicted of capital offenses since its installation four decades
ago. The convict is seated on the chair made of electric conducting
materials with strap of electrodes on the wrist, ankle, and head. Upon
orders, the levers 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.

• Lethal injection- developed in 1924 by anesthesiologist in Nevada.


Components of the chemical:
a. Sodium Thiopental- non lethal dose. Sleep inducing barbiturate .
b. Pancuronium Bromide- a drug capable of paralyzing the muscles
c. Potassium Chloride- capable of stopping the heartbeat within seconds.
This is commonly used in hear by-pass operations.
Other Forms of Execution

• Stoning
• Crucifixion
• Burning
• Feeding to the lions
• Pillory
• Flagellation
• Guillotine
• Gas chamber
Schools of Thought
1. 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.

2. The Neo-classical School – it maintained that while the classical doctrine is


correct in general, it should be modified in certain details. Children and
lunatics cannot calculate the differences of pleasures from pain, they
should be free from punishment.

3. 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 hospitalized
United Nations Standard Minimum Rules
for the Treatment of Prisoners (Nelson
Mandela Rules)
-This consists of 122 Rules covering all aspects of
prison management and outline the agreed
minimum standards for the treatment of prisoners –
whether pre-trial or convicted.
-The Rules are based on an obligation to treat all
prisoners with respect for their inherent dignity and
value as human beings, and to prohibit torture and
other forms of ill-treatment.
Rights of Persons Deprived of Liberty (PDL)
a. right to be treated in a humane manner;
b. right to a fair trial with adequate and free legal
assistance;
c. right to be protected from cruel, inhumane, degrading
treatment and punishment, including sexual violence and
other forms of torture;
d. right to be kept in official government civilian prisons
and to be protected from being imprisoned in unofficial
places of detention or in military custody;
Rights of Persons Deprived of Liberty (PDL)
e. right to appear in public before a legally-constituted court
within a short time after their arrest;
f. right to fair and humane treatment which enables the
maintenance of self respect;
g. right to a prison program which enhances their social and
intellectual abilities;
h. right to separate living arrangements in prison in
accordance with the categories of gender, age, and
reasons for imprisonment;
Rights of Persons Deprived of Liberty (PDL)
i. That prisoners awaiting trial have the right to be held
separately from convicted prisoners;
j. That political prisoners have the right to be segregated
from other prisoners;
k. right to communicate with their families and to maintain
familial relationships;
l. right to free legal assistance
Philippine Correction Administration
• The BUREAU OF CORRECTIONS(BUCOR), under the DOJ; which
has supervision over the national penitentiary and its penal farms;

• The BUREAU OF JAIL MANAGEMENT AND PENOLOGY (BJMP),


under the DILG; which has the exclusive control over all city, municipal and
district Jails nationwide;

• The PROVINCIAL GOVERNMENTS, under DILG; which supervise and


control their respective provincial and sub-provincial Jails; and

• the DEPARTMENT OF SOCIAL WELFARE AND DEVELOPMENT


(DSWD), which takes care of, among others, youthful offenders entered in
detention centers for juveniles, aside from these,
Philippine Correction Administration

• The Parole and Probation Administration (PPA) under the


Department of Justice (DOJ); and

• The Board of Pardons and Parole also under the Department of


Justice.
PENALTY and THE MODERN PERIOD
OF CORRECTION

PENALTY is defined as the suffering inflicted by the


state against an offending member for the
transgression of law
THE PHILIPPINE PRISON
SYSTEM

Bureau of Prisons was renamed Bureau of


Corrections under Executive Order 292 passed
during the Aquino Administration. It states that the
head of the Bureau of Corrections is the Director of
Prisons who is appointed by the President of the
Philippines with the confirmation of the
Commission of Appointments.
Prison
- A penitentiary, an institution for the imprisonment
(incarceration) of persons convicted of major/ serious
crimes.
- A building, usually with cells, or other places established
for the purpose of taking safe custody or confinement of
criminals.
- A place of confinement for those for those charged with or
convicted of offenses against the laws of the land.
-from Graco-Roman word “presidio”. “Pre” means inside.
It is synonymous to cave, fence, or dungeon.
Coverage of the Bureau of Corrections

1. National Bilibid Prisons (Muntinlupa, Rizal)- operates two


satellite units:

Camp Sampaguita- houses medium security risk prisoners


Camp Bukang Liwayway- houses minimum risk security prisoners
This is where the Bureau of Correction main is located.

Land Area: 1,546 hectares


Principal Product: Copra, Rice, Coffee, etc.
2. Correctional Institution for Women (Mandaluyong)- the only
female institution in the Philippines. Since 1934, a female
Superintendent was assigned to supervise the prison facility.

Vocational activities: dress making, beauty culture, handicrafts.

3. Sablayan Penal Colony and Farm (Occ. Mindoro)- this penal


farm is intended for agro-industrial activities.

Principal Product: Rice


4. Iwahig Penal Colony and Farm (Palawan)- envisioned as an institution
for incorrigible criminals. However, the first contingent of prisoners to be
confined revolted against the authorities. Under the Reorganization Act
1407, the policy was changed, instead of putting hardened criminals, well
behaved and obedient inmates were sent to the colony.
Land Area: 36,000-41,007 hectares
Principal Products: Rice, Corn, Copra

5. Davao Penal Colony and Farm (Central Davao)- this is where the
biggest banana and abaca plantations are located. It is also considered as
the highest earner.

Land Area: 30,000


6. San Ramon Penal Colony and Farm (Zamboanga)-founded by Captain Ramon
Blanco, a member of the Spanish royal army. It was initially intended for the
confinement of political prisoners during Spanish era. It was closed during the
Spanish American war and was re opened during the American occupation.
Land Area: 1,546 hectares
Principal Product: Copra, Rice, Coffee

7. Leyte Regional Prison (Abuyog Leyte)-established under Proclamation No.


1101. This penal farm is intended for agro industrial activities.
Land Area: 16, 408.5 hectares
Principal Product: Rice
WHO IS A PRISONER?

- A person committed to jail or prison by a competent authority for any


of the following reasons: To serve a sentence after conviction –
Trial – Investigation –
General Classification of Prisoners
1. Detention Prisoners – those detained for investigation,
preliminary hearing, or awaiting trial. They are prisoners under
the jurisdiction of Courts.
2. Sentenced Prisoners – offenders who are committed to the
jail or prison in order to serve their sentence after final
conviction by a competent court. They are prisoners under the
jurisdiction of penal institutions.
3. Prisoners who are on Safekeeping – includes non-criminal
offenders who are detained in order to protect the community
against their harmful behavior. Ex. Mentally deranged
individuals, insane person.
Classification of Sentenced Prisoners:
1. Insular or National Prisoners- Those sentenced to suffer a term of
sentence of 3 years and 1 day to life imprisonment.
- Those sentenced to suffer a term of imprisonment cited above but
appealed the judgment and unable to file a bond for their temporary
liberty.

2. Provincial Prisoners- Those persons sentenced to suffer a term of


imprisonment from 6 months and 1 day to 3 years or a fine not more
than 1,000 pesos, or both; or
-Those detained therein waiting for preliminary investigation of their
cases cognizable by the RTC.
City Prisoners
- Those sentenced to suffer a term of imprisonment from 1 day to 3
years or a fine of not more than 1,000 pesos or both.
- Those detained therein whose cases are filed with the MTC.
- Those detained therein whose cases are cognizable by the RTC and
under Preliminary Investigation

Municipal Prisoners
- Those confined in Municipal jails to serve an imprisonment from 1
day to 6 months.
- Those detained therein whose trials of their cases are pending with
the MTC.
Classification of Prisoners According to Degree of Security
1. Super Maximum Security Prisoners
- A special group of prisoners composed of incorrigible, intractable, and highly
dangerous persons who are the source of constant disturbances even in a maximum
security prison.
- They wear orange color of uniform.

2. Maximum Security Prisoners- It consist of constant troublemakers but not as


dangerous as the super maximum-security prisoners. Their movements are restricted
and they are not allowed to work outside.
- They are confined at the Maximum Security Prison (NBP Main Building), they wear
orange color of uniform.
- those sentenced to serve sentence 20 years or more, or those whose sentenced are
under the review of the Supreme Court, and offenders who are criminally insane
having severe personality or emotional disorders
3. Medium Security Prisoners
- Those who cannot be trusted in open conditions and pose lesser
danger than maximum-security prisoners in case they escape.
- It consists of groups of prisoners who maybe allowed to work outside
the fence or walls of the penal institution under guards or with
escorts.
They occupy the Medium Security Prison (Camp Sampaguita) and
they wear blue color of uniforms. Generally, they are employed as
agricultural workers.
- It includes prisoners whose minimum sentence is less than 20 years
and life-sentenced prisoners who served at least 10 years inside a
maximum security prison.
4. Minimum Security Prisoners
- A group of prisoners who can be reasonably trusted to serve
sentence under “open conditions”.
- This group includes prisoners who can be trusted to report to their
work assignments without the presence of guards.
- They occupy the Minimum Security Prison (Camp Bukang
Liwayway) and wear brown color uniforms.
INMATES SECURITY CLASSIFICATION (BJMP Manual)-

a. High Profile Inmate - 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, television
personality, etc.
b. High Risk Inmate - highly dangerous, deemed capability of escape,
of being rescued. 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 trainings or those whose life is in danger or under
imminent threat.
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.

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, etc..
g. Violent Extremist Offender (VEO) - a person whose political
or religious ideologies are considered far outside the
mainstream attitudes of the society 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.
Classification of Inmates According to
Privilege
• 3rd class inmate- committed three or more times as sentenced
prisoner.
• 2nd class inmate- newly arrived inmate. Inmate demoted from 1st
class or promoted from 3rd class.
• 1st class inmate- known for character and credit for work while in
detention or a person promoted from 2nd class.
Colonists- one who has passed as the 1st class inmate
and had served one year immediately preceding the
completion of the period which is 1/5 GCTA or
served 7 years of his life sentence
Privileges of Colonist

• Automatic commutation to 30 years of life


imprisonment
• Deduction 5 days per month
• Wear civilian clothes
• Can live with his family
• Subsidy from the government
• Use of prison facilities
GCTA (Republic Act 10592)
• 1-2 years of good behavior: 20 days/month deduction
• 3-5 years of good behavior: 23 days/month deduction
• 6-10 years of good behavior: 25 days/month deduction
• 11 years and onwards: 30 days/month deduction
• 15 days deduction/month: for study and mentoring
Bureau of Jail Management and Penology (BJMP)
The BJMP exercises supervision and control over all cities
and municipal jails throughout the country. The enactment
of Republic Act no. 6975 created the BJMP. It operates as
a line bureau under the Department of the Interior and
Local Government (DILG).

JAIL – is a place for locking-up of persons who are


convicted of minor offenses or felonies who are to serve a
short sentences imposed upon them by a competent court,
or for confinement of persons who are awaiting trial or
investigation of their cases.
Organization and Key Positions in the BJMP
Chief, BJMP- The Bureau shall be headed by a chief with the rank of
Director, and assisted by a Deputy Chief with the Rank of Chief
Superintendent. The chief serves a tour of duty that must not exceed four
(4) years, unless extended by the President in times of war and other
national emergencies.
RA 9263- "Bureau of Fire Protection and Bureau of Jail Management and
Penology Professionalization Act of 2004."

second officer in command of the BJMP is the Deputy Chief for


Administration,
third officer in command is the Deputy Chief for Operations
fourth officer in command is The Chief of the Directorial Staff, all of whom
carry the rank of Chief Superintendent.
Regional Offices - headed by a Regional Director for Jail Management and Penology,
with the rank of at least Senior Superintendent.
- assisted by an Assistant Regional Director for Administration, Assistant Regional
Director for Operations, and Regional Chief of Directorial Staff, who are all officers
with the rank of at least Superintendent.

Provincial Level- Provincial Jail Administrator . The rank should be at least Jail
Superintendent.

District Office- headed by a District warden. The rank should be at least Jail
Superintendent.

City Office- city Warden shall head each jail. The rank should be at least Jail Chief
Inspector.

Municipal Office- The rank should be at least Jail Inspector.


Appointment of Uniformed Personnel to the BFP and the BJMP
a) Fire/Jail Officer I to Senior Fire/Jail Officer IV. – Appointed by the respective Regional Director for
Fire Protection and Regional Director for Jail Management and Penology for the regional office
uniformed personnel or by the respective Chief of the Fire Bureau and Chief of the Jail Bureau for
the national headquarters office uniformed personnel, and attested by the Civil Service Commission
(CSC);

b) "Fire/Jail Inspector to Fire/Jail Superintendent. – Appointed by the respective Chief of the Fire
Bureau and Chief of the Jail Bureau, as recommended by their immediate superiors, and attested by
the CSC;

c) Fire/Jail Senior Superintendent. – Appointed by the Secretary of the DILG upon recommendation of
the respective Chief of the Fire Bureau and Chief of the Jail Bureau, with the proper attestation of
the CSC; and

d) Fire/ Jail Chief Superintendent. To Fire/Jail Director.- Appointed by the President upon
recommendation of the Secretary of the DILG, with the proper endorsement by the Chairman of the
CSC.
Non-Commissioned Officers
• Senior Fire Officer 4 / Senior Jail Officer 4 (sergeant)
• Senior Fire Officer 3 / Senior Jail Officer 3 (sergeant )
• Senior Fire Officer 2 / Senior Jail Officer 2 (sergeant)
• Senior Fire Officer 1 / Senior Jail Officer 1 (sergeant)
• Fire Officer 3 / Jail Officer 3 (corporal)
• Fire Officer 2 / Police Officer 2 / Jail Officer 2 (private
first class)
• Fire Officer 1 / Police Officer 1 / Jail Officer 1 (private)
• Director (2-star general officer)
• Chief Superintendent (1-star general officer)
• Senior Superintendent (colonel)
• Superintendent (lieutenant colonel)
• Chief Inspector (major)
• Senior Inspector (captain)
• Inspector (lieutenant)
Duties and Responsibilities:
A. WARDEN
- Direction, Coordination, and Control of the Jail
- Responsible for the Security, safety, discipline and well being
of inmates

B. ASSISTANT WARDEN
- The office of the Assistant Warden undertakes the development
of a systematic process of treatment.
- Chairman of the Classification Board and Disciplinary
Board.
C. ADMINISTRATIVE GROUPS- takes charge of all administrative
functions of the jail bureau.

D. SECURITY GROUPS- provides a system of sound custody, security and


control of inmates and their movements and also responsible to enforce
prison or jail discipline.
1. Escort Platoon
a) Escort Section – to escort inmate upon order of any judicial body; upon
summon of a court; or transfer to other penal institutions.
b) Subpoena Section – receives and distribute court summons, notices,
subpoenas, etc.
2. Security Platoon – a three (3) working platoon shifts responsible for over
all security of the jail compound including gates, guard posts and towers.
They are also responsible for the admitting and releasing unit.
REHABILITATION PURPOSES GROUPS:
- This group provides services and assistance to prisoners and their
families to enable them to solve their individual needs and problems
arising from the prisoners’ confinement.

1. Medical and Health Services Branch- Provides medical and


physical examinations of inmates upon confinement, treatment of
sick inmates and conduct medical and physical examinations and
provide medicines or recommends for the hospitalization of
seriously ill prisoners or inmates. It also conducts psychiatric and
psychological examinations.
REHABILITATION PURPOSES GROUPS:
2. Work and Education Therapy Services
- It take charge of the job and educational programs needed for
rehabilitation of inmates by providing them job incentives so
they can earn and provide support for their families while in jail.

3. Socio- Cultural Services


- It takes care of the social case work study of the individual
prisoners by making interviews, home visits, referral to
community resources, free legal services, and liaison works for
the inmates.
REHABILITATION PURPOSES GROUPS:
4. Chaplaincy Services
- It takes charge of the religious and moral upliftment of the
inmates through religious services. This branch caters to
all religious sects.

5. Guidance and Counseling Services


- Responsible for the individual and group counseling
activities to help inmates solve their individual problems
and to help them lead a wholesome and constructive life.
Jail Manning Level

• Custodial Ratio: 1 personnel for every 7 inmates


• Court Room Ratio: 2 personnel for one inmate
• Regular Escort ratio: 1 personnel for every one
inmate plus one personnel for high risk inmate
THE RECEPTION AND DIAGNOSTIC CENTER (RDC)

This is a special unit of prison (Camp Sampaguita) where new


prisoners undergo diagnostic examination, study and observation for
the purpose of determining the programs of treatment and training
best suited to their needs and the institution to which they should be
transferred.
It is composed of the following staff members:
• The Psychiatrist – responsible in the examination of the prisoner’s
mental and emotional make-up.
• The Psychologist – responsible to conduct study on the character
and behavior of the prisoners.
• The Sociologist – study the social case situation of the individual
prisoner.
• The Educational Counselor –change inmates’ attitude towards
education and recommends educational program for the prisoner.
• The Vocational Counselor – to test the prisoner’s special abilities,
interest and skills and recommends for the vocational course best
suited to the prisoner.
• The Chaplain – encourage the prisoner to participate in religious
activities.
• The Medical Officer – conducts physical examination and
recommends medical treatment of prisoners.
• Custodial-Correctional Officer – recommends the transfer and type
of custody of inmates.
THE QUARANTINE CELL OR UNIT

• This may be a unit of the prison or a section of the RDC where


the prisoner is given thorough physical examination including blood
test, x-rays, vaccinations and immunity. This is for the purpose of
insuring that the prisoner is not suffering from any contagious
disease, which might be transferred to the prison population
BJMP RECEPTION PROCEDURES
A. 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.

1. Commitment Order- a written order of the court, or any agency


authorized by law to issue, entrusting an inmate to a jail for the purpose
of safekeeping during the pendency of his/her case.;
2. Medical Certificate – recent medical certificate taken within 24 hours
prior to admission;
3. Complaint/Information;
4. Police Booking Sheet; and
5. Certificate of Detention from PNP and/or NBI.
BJMP RECEPTION PROCEDURES

B. Records Unit- This unit examines the completeness and


authenticityof the requirements for Commitment (Commitment
Order, Booking Sheet, Arrest Report and Information) before it
refers the inmate for physical examination by the Health Unit.

C. 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
BJMP RECEPTION PROCEDURES
D. Records Unit -Receives the inmate and the documents from the committing officer
and conducts the following:
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;
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;
3. Facilitate the signing of the Detainee’s Manifestation if he/she agrees to abide by the
same disciplinary rules imposed upon convicted inmates. Otherwise, a certification
under oath manifesting that the inmate was apprised of the provision of Art 29 of the
RPC as amended and refused to abide by the same
4. Store all documents in the Inmate’s Carpeta
Note
• 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 papersnecessarily connected with the detention of an inmate.

• Prison Record- refers to the information concerning an inmate`s


personal circumstances, offense committed, sentenced imposed,
criminal case number in the trial, the place of confinement, the date
of expiration of sentence, and others.
BJMP RECEPTION PROCEDURES

E. Property Custodian- Checks the inmate’s belongings for presence


of contraband; 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.

F. 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.
BJMP RECEPTION PROCEDURES

G. Assistant Warden or Officer of the Day - Orients the


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

H. 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.
The jail warden shall see to it that all concerned agencies
and persons will be informed of the commitment of the
inmate in his/her jail by submitting a written report.
ADMISSION PROCEDURES IN
PRISON

1. RECEIVING – the new prisoner is received at the


RDC. The new prisoner usually comes from a
provincial or city jail where he was immediately
committed upon conviction by the court, and
escorted by the escort platoon during his transfer to
the National Prison.
2. CHECKING OF COMMITMENT PAPERS – the receiving officer checks the
commitment papers if they are in order. That is, if they contain the signature of the
judge or the signature of the clerk of court, and the seal of the court.

Requirements for Commitment


• Commitment Order/Mittimus- It is an order signed by the judge bearing its seal
and signature, directing a jail officer or a prison authority to receive the offender
for custody or service of sentence imposed therein.
• Medical Certificate
• Complaint/Information
• Police Booking Sheet
3. IDENTIFICATION – the prisoner’s identity is established through
the picture and fingerprint appearing in the commitment order. This
is to insure that the person being committed is the same as the
person being named in the commitment order.

4. SEARCHING – this step involves the frisking of the prisoner and


searching his personal things. Weapons and other items classified as
contraband are confiscated and deposited to the property custodian.
This is also referred to as a shakedown. Other properties are
deposited with the trust fund officer under recording and receipts.

Contraband- any article, item or things prohibited by law and or


forbidden by jail or prison rules.
5. BRIEFING AND ORIENTATION – the
prisoner will be brief and oriented on the rules
and regulations of the prison before he will be
assigned to the RDC or the quarantine unit.
Courts And Other Entities Authorize To
Commit A Person To Jail Or Prison
• Supreme court
• Court of Appeals
• Sandiganbayan
• RTC
• MTC
• MCTC
• Congress
• All other administrative bodies authorized by law to arrest or
commit a person to jail or prison
CLASSIFICATION - refers to assigning or to grouping of inmates
according to their respective penalty, gender, age, nationality, health,
criminal records, etc.

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
DISCIPLINARY BOARD - A disciplinary board shall be organized
and maintained for the purpose of hearing disciplinary cases
involving any inmate who violates jail rules and regulations.

• 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
For Detainees:
a. Admonition or verbal reprimand;
b. Restitution or reparation;
c. Temporary or permanent cancellation of all or some
recreationalprivileges;
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
Court.
2. 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,

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
MINOR OFFENSES

a. Selling or bartering;
b. Rendering personal service to fellow inmate(s)
c. Untidy or dirty personal appearance;
d. Littering or failing to maintain cleanliness;
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.
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 group functions;
e. Swearing, cursing or using profane or defamatory language;
f. Malingering or pretending to be sick to skip work assignment;
g. Spreading rumors or malicious intrigues;
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;
LESS GRAVE OFFENSES
j. Exchanging uniforms or wearing clothes;
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;
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; and
q. Failure to turn over any implement/article/s issued after work detail
GRAVE OFFENSES
a. Making untruthful statements in any official communication;
b. concealing keys or locks of places in the jail;
c. Giving gifts, selling, or bartering items with jail personnel;
d. Keeping in his/her possession money, jewelry, and other contraband;
e. 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;
GRAVE OFFENSES
k. Unruly conduct and flagrant disregard for discipline;
l. Escaping, attempting or planning to escape
m. Helping, aiding or abetting others to escape;
n. Fighting, causing any disturbance;
o. Indecent, immoral or lascivious acts by himself/herself;
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;
GRAVE OFFENSES
t. Affiliating with any gang or faction whose main purpose is
to foment regionalism or to segregate;
u. Failing to inform the authorities concerned when afflicted
with any communicable disease;
v. Engaging in gambling or any game of chance;
w. Committing any act which violates any law or ordinance;
and
x. Committing any act prejudicial to good order and
discipline
PROCEDURES IN THE HEARING OF DISCIPLINARY CASES
a. The aggrieved inmate or any person (visitor, inmate or personnel)
reports the violation to the Desk Officer;
b. The desk officer shall immediately submit a written report to the
warden and the latter shall direct the Investigation Unit to conduct
an investigation within twenty-four (24) hours upon receipt of the
directive. The Investigation Unit shall submit to the Warden their
report together with their recommendations;
c. The warden shall evaluate the report and if he/she believes that there
is no sufficient evidence to support the alleged violation, he/she
shall dismiss the case. If he/she believes that sufficient evidence
exists, he/she shall decide the case and impose the necessary penalty
in case of minor violations. If the offense is less grave or grave,
he/she shall endorse it to the disciplinary board for hearing
PROCEDURES IN THE HEARING OF DISCIPLINARY CASES
d. The inmate shall be confronted of the reported violation and asked
how he/she pleads to the charge.
e. If the inmate denies the charge, a summary hearing shall be held
giving the opportunity for both parties
f. After the hearing, the board shall decide with the merits of the case
as bases;
g. Whether the inmate is found guilty or not, he/she should be advised
to obey the rules and regulations strictly; and
h. Decisions of the Board are subject to review and approval by the
warden whose decision should be final and executory.
SALIENT CUSTODY, SECURITY AND CONTROL

1. surprise searches on inmates and inspection at least once a


week to detect and flush out contraband
2. Conduct regular count of inmates at least five to six (5-6)
times within a 24-hour period
3. Never allow jail personnel to open inmates quarters alone.
At least one (1) other jail officer should be present and
guarding the gate;
SALIENT CUSTODY, SECURITY AND CONTROL
• Movement/Transfer of Inmates- Inmates should be taken out of jail only upon
written order of the Court.
 Viewing the remains of a deceased relative should be within the second degree of
consanguinity or affinity
 shall be required to submit a written request to the warden at least three (3) days
before the date of viewing
 upon receipt of court order, the warden shall order the Jail intelligence unit to
conduct reconnaissance operation in the area where the remains of the deceased
still lie in state,
 In case of Muslim inmates, it shall be ascertained whether the date indicated in
the Court Order for the inmate or inmates to view the remains their deceased
relative/s within twenty-four (24) hours from the time of the death of his or
her/their relatives. This is view of Muslim customs and traditions, providing
among others burying the dead within twenty-four (24) hours after death.
SALIENT CUSTODY, SECURITY AND CONTROL

 The warden shall timely oppose of the following cases:


a. The deceased relative is lying-in-state in a place beyond thirty
kilometer radius from the jail or, in any case, where the inmate
cannot return to said place during daylight hours;
b. The inmate has a record of escape or attempted escape;
c. The inmate has two (2) or more pending criminal cases or is a
material witness in a pending criminal case
d. The inmate is classified as high risk, high profile, high value or
violent extremist offender;
e. The inmate cannot be assured of his safety and security, or his
escape is highly possible; and
f. There is an intelligence report that the inmate will escape or will
be rescued.
SALIENT CUSTODY, SECURITY AND CONTROL

If approved, the inmate shall not be allowed to stay more than three (3)
hours in the place where the remains of the deceased relative lie in
state. Further, in no case shall the inmate be allowed to join the
funeral cortege
Transfer of Inmates
1. Transfer of Inmates 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 inmates closer to his family or as part of his
rehabilitation program.

2. Transfer of Insane Inmates – who has been confirmed to be mentally abnormal


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

3. Transfer of inmate to a stockade of the Arm Forces of the Philippines (AFP)


– provided that the inmate is certified as minimum security risk and does not
belong to : life term or sentenced to death, with previous escape record,
recidivist, female inmate, more than 50 yrs old, permanent resident of a place
within radius of 100 kilometers from the AFP with pending case or a witness in
any pending criminal case.
Transfer of Inmates
4. Transfer of inmate not eligible to be a colonist to a prison and
penal farm – upon the recommendation of the classification
board, the director may transfer to a prison and penal farm an
inmate who is physically fit and such assignment is therapeutically
indicated.

5. Transfer to inmates to a Provincial Jail and Vice Versa – the


president may direct, as the occasion may require the transfer of
inmates from national prison to a provincial jail, or vice versa.

6. Mental and physical examination of inmate.


SALIENT RULES TO BE FOLLOWED WHEN TRANSPORTING
INMATES

• Inmates shall be notified of a trip only prior to the departure and shall
notbe allowed to make any phone call
• 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
• 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
• In case of an accident while en route, escort personnel shall secure and
observe the inmates inside the vehicle, let them stay inside the vehicle as
much as possible.
SALIENT RULES TO BE FOLLOWED WHEN TRANSPORTING
INMATES
• 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
• While in court premises, firearms shall be unloaded. However, when escorting the
inmate to and from the vehicle, the same shall be properly loaded with
ammunitions
• In case of involvement in a road accident and no traffic authority is present or
cannot arrive in a shortest possible times, the position of the vehicles and the
damage incurred including skid mark, if any, shall be immediately photographed
or sketched and before leaving, provide the driver of the other party a contact
number of the jail. Once the inmate was returned to the jail, immediately
coordinate with the traffic authorities having jurisdiction in the place of incident
EMERGENCY PLANS/CONTINGENCY PLANS

Emergency plans for both natural and man-made calamities and other
forms of jail disturbances shall be formulated to suit the physical
structure and other factors peculiar to every jail.
THE TREATMNENT PROGRAMS

A. The Institutionalized Treatment Programs

1. Prison Education – the cornerstone of


rehabilitation. It is the process or result of formal
training in school or classrooms intended to shape
the mind and attitude of prisoners towards good
living upon their release.
2. Work Programs – these are programs conducive to change
behavior in morale by training prisoners for a useful occupation. It is
purposely to eliminate idleness on the part of prisoners, which may
contribute to “Prison stupor”, and it affects the incidence of Prison
riot.

3. Religious Services in Prison - The purpose of this program is to


change the attitudes of inmates by inculcating religious values or
belief.
4. Recreational Programs - The only program that is conducted
during free time schedule.

5.Medical and Health Services - Medical and health services


includes: Mental and physical examination - Diagnosis and
treatment – Immunization – Sanitary - inspections - Participation in
training

6. Counseling and Casework


MODES AND GUIDELINES FOR RELEASE - The following
modes and guidelines shall be observed when inmates are to be
released from detention:
1. An inmate may be released through:
a. Service of sentence;
b. Order of the Court;
c. Parole;
d. Pardon; and
e. Amnesty.
Who may Authorize Release
• Supreme Court in cases of acquittal or grant of bail
• President of the Philippines in cases of executive
clemencies or amnesty
• BPP in parole cases
• Director upon expiration of sentence
PROCEDURE ON RELEASING

The procedures shall be observed when inmates are to


be released from detention.
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
a. Checks on the receipt of property and returns to the
inmate his/her deposited items.
b. 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. Upon release of
the inmate, the warden shall notify the following
agencies/persons:
Barangay Captain - mandatory
Priest or religious minister - mandatory
Family - if release is not witnessed by any member of
immediate family
Court - in case of convicted inmate
Crimes Involving Convicts/Prisoners

1. Delay in the Delivery of Detained Persons to the Proper


Judicial Authorities (Article 125, RPC)- A felony committed by
a public officer or employee who shall detain any person for some
legal ground and shall fail to deliver such persons to the proper
judicial authorities within the period of:

a. 12 hours – for crimes or offenses punishable by light penalties


b. 18 hours – for crimes or offenses punishable by correctional
penalties
c. 36 hours – for crimes or offenses punishable by afflictive or capital
penalties
Crimes Involving Convicts/Prisoners
2. Delaying Release- This is committed by a public officer or
employee who delays the performance of any judicial or executive
order for the release of a prisoner or unduly delays the services of
the notice of such order to said prisoner.

3. Delivery of Prisoners from Jail (Art. 156, RPC)- The offender is a


private individual. He removes a person confined in jail or a penal
institution or helps in the escape of such persons. The means
employed are violence, intimidation, bribery or any other means.

4. Conniving with or consenting to evasion. – Any public officer


who shallconsent to the escape of a prisoner in his custody or
charge.
Crimes Involving Convicts/Prisoners
5. Evasion through negligence. – If the evasion of the prisoner shall have
taken place through the negligence of the officer charged with the
conveyance or custody of the escaping prisoner, said officer shall suffer the
penalties of arresto mayor in its maximum period to prision correccional in
its minimum period and temporary special disqualification.

6. Escape of prisoner under the custody of a person not a public officer. –


Any private person to whom the conveyance or custody of a prisoner or
person under arrest shall have been confided, who shall commit any of the
offenses mentioned in the two preceding articles, shall suffer the penalty
next lower in degree than that prescribed for the public office
Crimes Involving Convicts/Prisoners
7. Evasion of Service under Art 157, RPC- Offender is prisoner serving
sentence involving deprivation of liberty by reason of final judgment, He
evades the service of his sentence during the term of his imprisonment.

8. Evasion of Service of Sentence on the Occasion of Disorders due to


Conflagrations, Earthquakes, or Other Calamities
Elements:
a. Offender is a prisoner serving sentence and is confined in a penal institution,
b. He evades his sentence by leaving the institution.
c. He escapes on the occasion of a disorder due to conflagration, earthquakes, explosion,
or similar catastrophe or mutiny in which he has not participated, and
d. He fails to give himself up to the authorities within 48 hours after passing away of the
calamity
Crimes Involving Convicts/Prisoners

9. Maltreatment of Prisoner (Art. 235, RPC)


Elements:
1. Offender is a public officer or employee
2. He overdoes himself in the correction or handling of such prisoner
by imposition of punishment not authorized by regulations or by
inflicting such punishment in a cruel and humiliating manner
All for the glory of God!

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