Professional Documents
Culture Documents
CORRECTIONAL ADMINISTRATION_GOA CAMSUR
CORRECTIONAL ADMINISTRATION_GOA CAMSUR
PREPARED BY:
JO1 RENOR N APELA, RCRIM, MAED, MSCJ, CSP
INSTITUTIONAL CORRECTIONS
PENOLOGY defined:
VISION
Improved national prisons conducive to the reformation and rehabilitation of
inmates that will bring them back into the mainstream of society as useful
citizens of the country.
ORGANIZATION
Headed by a Director, the BuCor has an authorized strength of 2,362 employees,
61% of whom are custodial officers, 33% are administrative personnel and 6% are
members of the medical staff.
The agency has seven (7) operating units located nationwide, namely:
1. The New Bilibid Prison in Muntinlupa City;
2. The Correctional Institution for Women (CIW) in Mandaluyong City;
3. Iwahig Prison and Penal Farm in Puerto Princesa City, Palawan;
4. Sablayan Prison and Penal Farm in Occidental Mindoro;
5. San Ramon Prison and Penal Farm in Zamboanga City;
6. Leyte Regional Prison in Abuyog, Leyte; and
7. Davao Prison and Penal Farm in Panabo, Davao Province.
PRISON Defined:
- 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 the orange color of uniforms.
2. Maximum Security Prisoners
- The group of prisoners whose escape could be dangerous to the public or to the security of the
state.
- It consists of constant troublemakers but is not as dangerous as the super maximum-security
prisoners. Their movements are restricted and they are not allowed to work outside the institution but
rather assigned to industrial shops within the prison compound.
- They are confined at the Maximum Security Prison (NBP Main Building), they wear orange
color of uniform.
- Prisoners includes those sentenced to serve sentence 20 years or more, or those whose
sentenced are under the review of the Supreme Court, and offenders who are criminally insane
having severe personality or emotional disorders that make them dangerous to fellow offenders
or staff members.
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 consist 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.
DIRECTORATE FOR RECEPTION AND DIAGNOSTIC CENTER former
RECEPTION AND DIAGNOSTIC CENTER (RDC)
This may be a unit of the prison or a section of the RDC where the prisoner
is given a 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.
WHAT IS A 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.
Types of Jails:
1. Lock-up Jails – is a security facility, common to police stations, used for temporary
confinement of an individual held for investigation.
2. Ordinary Jails – is the type of jail commonly used to detain a convicted criminal offender to
serve sentence less than three years.
3. Workhouses, Jail Farms or Camp – a 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.
Provincial Jails
Provincial Jails in the Philippines are not under the jurisdiction of the
Bureau of Corrections. They are managed and controlled by the
provincial government.
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).
Mandates
BJMP is mandated to direct, supervise and control the administration and operation of all
district, city and municipal jails nationwide with pronged tasks of safekeeping and
development of PDL.
National Office
Chief, Bureau of Jail Management and Penology (C, BJMP; highest ranking official with
the rank of "Jail Director" equivalent to the 2-star Major General Officer in the military)
Deputy Chief for Administration, Bureau of Jail Management and Penology (DCA, BJMP;
with the rank of Jail Chief Superintendent equivalent to 1-star Brigadier General Officer
in the military)
Deputy Chief for Operations, Bureau of Jail Management and Penology (DCO, BJMP;
with the rank of Jail Chief Superintendent equivalent to 1-star Brigadier General Officer
in the military)
Chief of Directorial Staff, Bureau of Jail Management and Penology (CDS, BJMP; with the
rank of Jail Chief Superintendent equivalent to 1-star Brigadier General Officer in the
military)
Ranks
Officer ranks equivalent to the Military:
COMMISSIONED OFFICERS
Jail Director (JDir.) - 2-star Major General (Chief of the Bureau; BJMP highest ranking official).
Jail Chief Superintendent (JCSupt.) - 1-star Brigadier General (Regional Director, Directorial
Staff, Deputy Chief).
Jail Senior Superintendent (JSSupt.) - Colonel (3 Sampaguita Leaves) (Provincial Director,
City Director).
Jail Superintendent (JSupt.) - Lieutenant Colonel (2 Sampaguita Leaves) (Jail Warden)
Jail Chief Inspector (JCInsp.) - Major (1 Sampaguita Leaf)
Jail Senior Inspector (JSInsp.) - Captain (2 Anahaw Leaves) (Doctor, Lawyer, Chaplain;
Deputy Warden).
Jail Inspector (JInsp.) - Lieutenant (1 Anahaw Leaf) (Nurse, Social Worker, I.T. Officer,
Technician, Engineer, Therapist, Teacher, Scientist, Accountant, Criminologist)
NON-COMMISSIONED OFFICERS
Senior Jail Officer IV (SJO4) - Master Sergeant
Senior Jail Officer III (SJO3) - Technical Sergeant
Senior Jail Officer II (SJO2) - Staff Sergeant
Senior Jail Officer I (SJO1) - Sergeant
Jail Officer III (JO3) - Corporal
Jail Officer II (JO2) - Private First Class
Jail Officer I (JO1) - Private
Jail Officer (JO)/Trainee - Basic Jail Internship
Non-Uniformed Personnel (NUP) - Civilian Employee
Duties and Responsibilities:
WARDEN
- Direction, Coordination, and Control of the Jail
- Responsible for the:
Security, safety, discipline and well-being of inmates
- The office of the warden may organize the following units:
1. Intelligence and Investigation Team
– It gathers, collates and submits intelligence information to the office of the
warden on matter regarding the jail condition.
2. Jail Inspectorate Section
- Inspect jail facilities, personnel, prisoners and submit reports to the warden.
3. Public Relation Office
- Maintain public relation to obtain the necessary and adequate public support.
ASSISTANT WARDEN
a. Undergoing investigation;
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
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, data, or
authority marked as an objective for a mission and which a commander requires
for the successful completion of the same.
a. Commitment Order;
c. Complaint/Information;
C. Health Unit:
1. 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.
Inmate is required to undress while undergoing medical examination. A female inmate shall be
examined by female health personnel. A male inmate may be examined by either male or
female health personnel;
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 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;
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, the warden issues 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; and
4. Store all documents in the Inmate’s Carpeta.
WHAT IS R.A. No. 10592?
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.
E. Property Custodian
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.
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. Through his/her paralegal
officer, he/she shall ensure that the courts and prosecutors’ office are attending to the case of the
inmate by constantly coordinating with them for the purpose of speeding up the disposition of the
case. For this purpose, the sharing of nonconfidential information with the concerned agencies is
encouraged.
CLASSIFICATION PROCESS
PDL CLASSIFICATION PROCESS
Admission of Inmate
At the ICCU for a minimum period of
thirty (30) days but not exceeding sixty Medical Examination Dental Examination
(60) days
Psychological
Risk Assessment Social Case Study
Examination
b. Medical Examination - The jail medical Officer or the jail officer designated nurse of the Health
Unit will conduct a thorough physical examination on the newly committed inmate and will note
down significant bodily marks, scars, tattoos and lesions based on the medical certificate
presented by the committing officer. He or she must ensure that his/her findings are congruent to
the medical certificate presented. Any discrepancy shall warrant further investigation by and
reporting of the same to the CHR.
c. Results of the medical examination shall be recorded and shall bear the signature of the
physician or nurse who conducted the examination. Medical issues will be attended to
accordingly.
d. Dental Examination - The jail dentist shall perform a thorough dental examination and recording
of his or her findings. The record shall bear the signature of the dentist who conducted the
examination. Dental issues that need immediate attention shall be so attended to accordingly.
f. 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. The findings will be recorded and shall bear the signature of the social
worker who conducted the assessment. In jails without ICCU, the interview will be done by the
social worker-in-charge upon the order of the court or as requested by the medical officer, the
psychiatrist or the duly designated jail warden for specific purposes.
g. Risk Assessment - A risk assessment tool shall be utilized to determine the level of
violence/risk the inmate poses, either external or internal. This will help in the proper
classification and segregation of inmates and in the
design of specific development plans.
h. Psychiatric Evaluation - Using the results of the psychological examination, social case
study, and risk assessment, the psychiatrist conducts a psychiatric evaluation to determine the
present mental state of the inmate and to diagnose any existing psychiatric illness for further
treatment. The result will be recorded and shall bear the signature of the psychiatrist who
conducted the examination.
i. Case Management - Each inmate will be assigned to a specific case manager who may either be a
psychologist, a social worker or a nurse. 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.
j. Inmate Orientation and Counseling - While undergoing assessment, the inmate shall be oriented
on the basic jail rules and regulations. He/she shall be introduced to the different development
programs that would best promote his/her personal growth. In this phase, the newly committed
inmate shall likewise undergo counseling for him/her to develop better coping skills thereby
preventing psychological imbalance in the early phase of incarceration.
k. Inmate Evaluation and Classification - Using the different tools of assessment, the newly
committed inmate will now be classified based on the level of risk and present physical, mental and
emotional state.
l. Proper Cell Assignment and Development Plans - After the inmate has undergone all the
assessments, his/her case manager shall consolidate all the results. Based on the results of the
final evaluation, the inmate may then be assigned to the cell that is deemed best for his/her growth
and well-being.
n. Monitoring - After the inmate has been transferred to his/her assigned cell and has been
attending the prescribed development programs, the case manager shall periodically monitor, and
change and enhance inmate's development program/s depending on his or her behavioral
progress.
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. It shall 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
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 - The Board is authorized
to impose any of the following disciplinary ACTIONS/MEASURES:
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 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, 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.
LIMITATIONS ON DISCIPLINARY PUNISHMENT FOR INMATES
-The Disciplinary Board shall consider the following limitations when imposing disciplinary
punishment:
a. No female inmate shall be subjected to any disciplinary punishment which might
affect her unborn or nursing child;
b. No infirm or handicapped offender shall be meted out punishment, which might
affect his/her health or physical well-being;
c. Corporal punishment, confinement in dark or inadequately ventilated cells and any form of
cruel, unusual, inhumane or degrading punishment are absolutely prohibited;
d. When necessary, the jail physician shall visit the detainee/prisoner undergoing punishment
and shall advise the warden of the need for the termination of the punishment imposed upon
the inmate on grounds of the inmate's physical or mental health;
e. Instruments of restraint, such as handcuffs, leg irons and straitjackets are not to be
applied as a form of punishment. They shall only be used as a precaution against escape and
on medical grounds to prevent an offender from injuring himself or others;
f. Breaches of discipline shall be handled without anger or emotionalism and decisions shall be
executed firmly and justly; and
g. As a general rule, any violation of jail rules and regulations or misconduct committed by the
inmate shall be dealt with accordingly.
In extreme cases where the violation necessitates immediate action, the warden or the officer of the
day may administer the necessary restraints and report the action he or she has taken to the
disciplinary board.
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.
2. 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. His/her marks and
fingerprints shall be verified with those taken when he/she was received. Any changes or
differences in his/her distinguishing marks and scars shall be investigated to ascertain
his/her real identity in order to prevent the mistaken release of another person;
3. No inmate shall be released on a mere verbal order or an order relayed via telephone. The
release of an inmate by reason of acquittal, dismissal of case, payment of fines and/or indemnity,
or filing of bond, shall take effect only upon receipt of the release order served by the court process
server. The court order shall bear the full name of the inmate, the crime he/she was charged with,
the criminal case number and such other details that will enable the officer in charge to properly
identify the inmate to be released;
4. Upon proper verification from the court of the authenticity of the order, an inmate shall be
released promptly and without unreasonable delay;
5. Under proper receipt, all money earned, other valuables held and entrusted by the inmate
upon admission, shall be returned to him/her upon release; and
6. The released inmate shall be issued a certification of discharge from jail by the warden or
his/her authorized representative.
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
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. 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
CUSTODY, SECURITY AND CONTROL
Conduct surprise searches on inmates and inspection of their quarters and other
areas accessible to inmates at least once a week to detect and flush out contraband;
Maintain a key control center for storing keys that is inaccessible to inmates and
unauthorized persons. There shall be an accounting system for issuing and returning of
keys. There shall be a reporting system for documenting and repairing broken or
malfunctioning keys or locks. Inmates shall be prohibited from handling jail security
keys;
Never allow any personnel with firearms on areas of inmates and/or in any area
intended for inmates’ activities;
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.
Personnel conducting the count shall record the result;
Use of force shall be limited to instances of justifiable self defense, prevention of self-
inflicted harm, protection of others, prevention of riot, commission of a crime, escape
or other jail disturbance and to controlling or subduing an inmate who refuses to obey
a lawful command or order;
SECURITY PROCEDURES DURING MEAL SERVICE -
- Mail service shall be provided to all inmates provided that all outgoing and incoming
mail matters are passed through a designated Censor Officer in order to
intercept any contraband or illegal articles and any information affecting the
security of the jail.
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, such as:
REGULAR DRY- RUN - To ensure that the contingency plans would be applied to the letters,
regular dry run shall be conducted taking into consideration the actual strength of the jail per shift
and the absolute reaction of personnel on off duty upon notice of disturbance/s. Regional and
provincial offices of the Jail Bureau shall adopt its own contingency plans on how to react upon
notice of any disturbance in the jail and on its own offices. The same shall likewise conduct a
regular dry-run to ensure effective and well-organized reaction.
SPECIAL TACTICS AND REPONSE (STAR) TEAM
It is an elite tactical unit trained to perform high-risk operations that falls outside the
operational abilities of the regular BJMP personnel and is equipped with specialized
skills and sophisticated firearms and equipment. A ready force is composed of highly
trained BJMP personnel and experts in dealing with high risk, high profile inmates and
VEO’s, as well as in controlling critical jail disturbance and incidents
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.
It is imperative that all jails nationwide have Quick Response Team/s (QRT). As first responders,
members of the QRT must undergo trainings and seminars for them to be equipped with the
knowledge and skills in jail incident management.
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.
A. Duties and Responsibilities
1. Ground Commander - All orders concerning troop movements will emanate from him. Irrespective of the
hierarchy of command, no authority shall take precedence or overrule his directives until his relief as ground
commander.
2. Team Leaders - Sub-groups or teams that make up every task group will each have its designated team
leader. The team leader shall take direct hand in overseeing the movements of the elements of his team while
simultaneously maintaining close coordination with the ground commander. He shall take responsibility in
maintaining fluidity in the execution of his team’s designated functions. He shall regularly inform the ground
commander about the status or progress of the operation.
3. Assistant Team Leaders - Sub-groups or teams that make up every task group will each have its designated
assistant team leader. The assistant team leader shall, in aid of the team leader, be responsible in overseeing
the movements of the elements of the team. He shall take custody of the personal belongings of the operatives.
OPERATIONS GROUP
1. Security Teams – They shall ensure the security of operatives throughout the span of the operation.
a. Perimeter Security Elements – They shall secure the perimeter of the facility.
b. Holding Area Security Elements – They shall secure the holding area of the inmates.
2. Contraband Search and Seizure Teams - They shall be responsible in thoroughly searching and checking
the quarters of inmates and personnel for contraband and such other items that may pose hazards to the
overall security of the facility.
a. Team Supervisor - Other than the team leader and the assistant team leader, a team supervisor will be
designated to directly oversee the inspection of each cell. He shall be responsible in making sure that all
items confiscated are properly documented, tagged and turned-over to the contraband custodian.
b. Searching Elements - They shall be primarily responsible in the search and seizure of contraband and the
removal of unauthorized structures inside the facility.
c. Inmate Representative - An inmate made to witness the operation must come from the particular cell
being searched. He will act as the representatives of his fellow inmates to validate the claims of ownership of
the items seized.
3. Friskers
a. Friskers of Personnel - They shall have all operatives designated to frisk inmates and cell
searchers frisked before the conduct of the search and seizure operations. They have to make sure
those designated friskers of inmates and cell searchers do not bring any of their personal
belongings with them in the conduct of their function to preclude malice that these possessions were
ill-gotten; hence, they have to have their personal belongings turned-over to their designated
assistant team leader for safekeeping. They will likewise ensure that personnel directly handling
contraband do not furtively take any of the items they have confiscated.
b. Friskers of inmates - They shall have all inmates lined up and frisked before sending them to
the holding area. Any contraband found to have been concealed by the inmate will be confiscated
and turned over to the recorder for proper documentation.
c. Strip Searching-in-Charge - He shall primarily be responsible, when deemed necessary, to have
inmates stripped in search for contraband. It will likewise be his primary responsibility to coordinate
with the legal services group in executing legal procedures as not to infringe the rights of the inmate
being subjected to strip search. In no manner will the person supervising the strip search be allowed
to touch his subject in any part of his body during the searching process.
4. Contraband Custodian - He shall be primarily responsible in taking custody of all confiscated
contraband before these are turned-over to the jail warden.
a. Contraband Inventory Control-in-Charge - He shall be responsible in maintaining a
theoretical and an actual inventory account of all confiscated contraband.
5. Contraband Recorder - He shall be responsible in the on-site recording of all contraband
confiscated.
a. Facility Representative - He shall act as the representative of the jail warden of the facility
inspected. He shall maintain a separate record of all contraband confiscated to be reconciled with
the theoretical inventory report being maintained by the contraband recorder. In the absence of the
jail warden, he shall take part, in a representative capacity in the validation of inventory balances
during the turn-over of custody of all contraband to the former.
b. Contraband Sorters - They shall take primary responsibility in the sorting, labeling and
confiscated contraband.
C. Service Support Group
1. Medical Support Team - A stand-by medical unit shall take responsibility in attending to medical
cases, giving proper medical attention.
2. Intelligence Support Services Team - They shall gather information before and during the
conduct of operations to enable the operating teams to accurately purge its targets. At the same
time, they shall maintain coordination with the ground commander.
3. Investigation and Legal Services Support Group - They shall be responsible for information
gathering and facility inspection after the conduct of Greyhound Operations to ensure that the items
confiscated were not returned inside the facility. It is their prime responsibility to ensure that all legal
requirements are met to support the legitimacy of the operations and as not to infringe the rights of
the clientele or other personalities who will be affected by the operation.
4. Administrative Support Team - They shall be responsible in the detailed documentation of the
progression of the operations. They shall likewise properly observe the hierarchy of events in their
documentation before, during and until the termination of the operations.
E. Crisis Management Group - They shall be responsible in taking measures to abate the tension
in the event of crisis situations until the intervention of crisis response authorities.
1. Negotiations Team - In crisis situations where negotiations are practicable it will be the role of
the negotiations team to establish meeting points to neutralize the situation. In deteriorating crisis
situations it will be their role to sustain making arrangements until the intervention of crisis
response authorities.
2. Liaison Team - They shall be responsible in providing for tasks or errands incidental to the
crisis situation/operations.
3. Tactical Response team - In the event that a crisis deteriorated beyond the capabilities of the
BJMP to handle, the aid of an ally tactical response team will be sought.
F. Communications and Media Control Group
1. Media Barricade - They shall be responsible in controlling/regulating media access to
the subject jail facility of the Greyhound Operation. In no way will members of the media
barricade team entertain queries or give any information as to the status of the operation.
2. Spokesperson - He shall be responsible in making informative disclosures to media
about the operations as directed by the ground commander. In no way shall he engage
himself in making or giving a statement or statements to the media at his own volition.
Every statement made and information disclosed must be limited only to what is authorized
of him to convey.
a. Riot
a.1 Open Field
a.1.1 Use of negotiation, persuasion and verbalization to contain, pacify, subdue, and control
incident.
a.1.2 Assessing the danger of the situation by considering the number of inmates involved in
the riot, whether or not inmates are armed, the violent reputation of apparent leaders, and
external factors such as the weather, time, possibility of escalation, and other external threats.
a. 2 Close Field
a.2.1 Use of negotiation, persuasion and verbalization to contain, pacify, subdue and control
incident.
b. Noise Barrage
b.1 Lock up inmates to ensure perimeter security.
b.2 Dialogue and negotiate with inmates. If inmates are compliant, gather all inmate leaders for
further dialogue and open forum.
b.3 Never resort to any use of force as long as inmates are only doing noise barrage and the
incident does not escalate into a more serious one.
c. Hostage taking
The warden or his duly authorized representative must consider the following factors before making
any decision regardless of the demands of the hostage takers:
-Whether or not hostage taker/s is/are armed;
-Whether or not the victim is a fellow inmate, jail personnel or civilian;
-Number of inmates involved in the hostage taking;
-Number of hostages; and
- Length of time.
c.1 Maintain and establish communication with the hostage takers. It is imperative that an
experienced hostage negotiator be designated as the primary negotiator. The first five (5) minutes is
critical, hence the jail officer nearest the incident must apply verbal containment techniques by
negotiating with the hostage-taker until an experienced negotiator arrives.
c.2 Evacuate inmates who are not involved with the incident into a more secured place to avoid
taking advantage of the situation and to ensure their safety. Contain the scene of incident by putting
up a security perimeter that will prevent other from entering the scene except the responder.
--END--
NON INSTITUTIONAL CORRECTIONS
Non-Institutional Correction or Community-Based Approach- It refers to
correctional activities that may take place within the community or the method of
correcting sentenced offenders without having to go to prison.
1. Family members need not be victims also for the imprisonment of a member
because the convict can still continue to support his family.
The following are the basic principles underlying the philosophy of community-based treatment
programs:
1. Humanitarian Aspect - Imprisonment is not always advisable. Placing a person to custodial
coercion is to place him in physical jeopardy, thus drastically narrowing his access to sources of
personal satisfaction and reducing his self-esteem.
2. Restorative Aspect - There are measures expected to be achieved by the offender, such as
an establishment of a position in the community in which he does not violate the laws. These
measures may be directed at changing and controlling the offender. The failure of the offender to
achieve these can result to recidivism.
3. Managerial Aspect - Managerial skills are special importance because of the sharp contrast
between the per capital cost of custody and any kind of community program. It is easier to manage
those undergoing community based treatment programs than that of custodial control.
PROBATION DEFINE
The word probation is from the Latin word “probatio” which means testing. the
word probation is also said to be originated from the Latin verb “probare” which
means to prove.
9. Probation Investigation - The process of selection, diagnoses and planning with the client.
10. Probation Supervision- The continuous process of helping the client to follow through with the
plans, reevaluation and working with the client in the process of planning his life to meet dynamic
situation.
11. Probation Officer - public officer like the Chief Probation and Parole Officer (CPPO), Supervising
12. Probation and Parole Officer (SPPO), Senior Probation and Parole Officer (SrPPO), Parole
and Probation Officer II (PPOII), or Parole and Probation Officer I (PPOI), who investigates for the
Trial Court a referral for probation or supervises a probationer or does both functions and performs
other necessary and related duties and functions as directed.
13. Probation Office - refers either to the Provincial or City Probation Office
directed to conduct investigation or supervision referrals as the case may be;
14. Probation Order - order of the trial court granting probation
15. Prosecutor- lawyer of the victim.
16. Trial Court - refers to the Regional Trial Court (RTC) of the Province or
City/Municipal Court which has jurisdiction over the case.
17. Volunteerism - is a strategy by which the parole and probation administration
may be able to generate maximum citizen participation or community involvement in
the overall process of client rehabilitation.
FOUR (4) ESSENTIAL ELEMENTS OF PROBATION
The following are the essential elements of the probation system under
Presidential Decree No. 968:
3.Persons under probation retain their civil rights, like the right to
vote, or practice one's profession, or exercise parental or marital
authority.
CHARACTERISTICS OF PROBATION
1. More enlightened and humane correctional treatment.
2. It aims to promote the reformation of the offenders.
3. It reduces the incidence of recidivism.
4. It extends to offenders individualized and community based treatment
programs instead of imprisoning them.
5. It is limited to offenders who are likely to respond favorably there to.
6. It is less costly than the confinement of all offenders in prisons.
HISTORICAL DEVELOPMENT OF PROBATION
WHO IS MATHEW DAVENPORT HILL?
Section 4 of PD 968 - Subject to the provisions of this Decree, the court may, after
it shall have convicted and sentenced a defendant and upon application at any time
of said defendant, suspend the execution of said sentence and place the
defendant on probation for such period and upon such terms and conditions
as it may deem best.
However, under Sec. 70 of Republic Act No. 9165, the Comprehensive Dangerous Drugs Act
of 2002, the first-time minor offender who upon promulgation of the sentence, the court may,
in its discretion, placed the accused under probation, even if the sentence provided under Sec.
11 of the Act is higher than that provided under Probation Law.
PROBATION IS NOT A MATTER OF RIGHT BUT A PRIVILEGE
In the above case of TOLENTINO VS. JUDGE ALCONCEL, the Supreme Court
held that, probation is a mere privilege and its grant rests solely upon the
discretion of the court. This discretion is to be exercised primarily for the benefit of
organized society and only incidentally for the benefit of the accused.
However, under R.A. 9344 or Juvenile Justice and Welfare Act of 2006,
a Child in Conflict with the Law (CICL) is granted the right to probation as
an alternative to imprisonment if qualified under the Probation Law.
BASIS OF GRANTING PROBATION
Any first time convicted offender, 18 years of age and above not otherwise
disqualified under PD 968 as amended can apply for probation before serving
the sentence which may either be imprisonment of fine with subsidiary
imprisonment, or both imprisonment and fine.
The age of offender qualified for probation is 18 years and above. PD 1179
which amended PD 603 lowered the age of youthful offenders under 18 years
old.
QUESTION
Are all convicted persons who are not disqualified entitled to probation
automatically?
No. Under PD 968; the court will not grant probation if after investigation
conducted by the probation officer, it finds that:
1. The offender can be treated better in an institution or other places for
correction;
2. The offender is a risk to the community;
3. Probation will depreciate the gravity of the offense.
DISQUALIFIED OFFENDERS FOR PROBATION (Section 9, PD 968)
Under Section 9 of PD 968, the benefits of probation shall not be extended to:
Note: the six years maximum refers to the sentence actually imposed, and
not that prescribed by law for the offense committed.
5. Those who are already serving sentence at the time substantive provisions of the decree
became applicable pursuant to section 33 of PD 968. (As amended by BP Blg. 76, and PD
1990, October 5, 1985)
WHERE AND WHEN TO FILE THE PETITION FOR PROBATION?
The application for probation shall be filed by sentenced or convicted offender whose sentence
is not more than 6 years imprisonment. It shall be filed with the court that tried and sentenced the
offender.
WHERE: A petition for probation shall be filed by the applicant for probation or the petitioner
with the courts that tried and sentenced the offender at any time before the imprisonment
starts.
WHEN: Anytime before the offender starts serving his sentence but within period for
perfecting an appeal or fifteen (15) days from the promulgation or notice of the judgment of
conviction.
However, under Section 42 of R.A. 9344, the Juvenile Justice and Welfare Act of 2006, the court
may, after it shall have sentenced a Child In Conflict with the Law and upon application at anytime
placed the child on probation in lieu of service of his sentence.
PROCEDURE UNDER PD NO. 968 –
The following are the procedure in the application for probation:
1. The defendant must file a petition before the trial court which exercise
jurisdiction over his case; an application for probation after he has been
sentenced but before he begins to serve the sentence. There are two forms of
petition: WRITTEN and ORAL.
NOTA BENE: But for purposes of recording, application made orally should be
reduced into writing.
2. If the defendant has been convicted and has appealed the sentence of
conviction, an application for probation cannot be entertained. As a general rule,
No application for probation shall be entertained or granted if the defendant
has perfected an appeal from the judgment or conviction.
NOTA BENE: Filing an application shall be deemed a waiver of the right to
appeal.
3. Notice to the prosecuting officer: The prosecuting officer concerned shall be notified by the
court of the filing of such application. The prosecuting officer must submit his comment on
such application within 10 days from receipt of the notification.
4. Referral to probation office: If the court finds that the petition is in due form and that the
petitioner appears not to be disqualified for the grant of probation. The probation should be
entertained by the court by ordering the probation officer to conduct an investigation (PSI) of
the offender provided he is not disqualified under the decree.
While it is discretionary with the court to grant or deny an applicant for probation, the
Probation Law requires that an investigation be first conducted by the probation officer who shall
submit his report within 60 days from receipt of the court’s order. However, the court may in
its discretion extend the 60 days period. Only thereafter shall the court resolve the application,
an outright denial by the court is a nullity correctable by certiorari. (De Luna vs. Hon. Medina,
CA 78 D.G. 599; Del Rosario vs. Hon. Rosero, GR 65004, Nov. 29, 1983)
To summarize, the following are the
procedures in Applying for Probation:
What is post sentence investigation?
Within five (5) working days from receipt of said delegated assignment (or self -assignment),
the investigating Probation Officer on case (or Chief Probation and Parole Officer) shall initially
interview the applicant if he appeared in the Probation Office upon response to the seventy-
two (72) hours limitation given to him by the Trial Court. If not, the Probation Officer on case
may write the applicant in his court given address, or personally visit applicant's place to
schedule an initial interview at the Probation Office.
During such initial interview, the Probation Officer on case or CPPO shall require the
applicant to accomplish and sign a Post-Sentence Investigation Work Sheet (PPA Form1).
The investigating Probation Officer on case or CPPO shall conduct further investigation based
on the information contained therein.
A Waiver-Cum-Authorization (PPA Form 2), authorizing the PPA and/or Probation Office to
secure any and all information on the applicant, shall be duly executed and signed by him.
Absconding Applicant. – If the applicant whose application for probation
has been given due course by the proper court has failed to present
himself/herself to the proper Office within seventy-two (72) hours from
his/her receipt of the Probation Order or within reasonable time
therefrom, said Office shall first exert best diligent efforts to inquire on,
search, find and locate his/her whereabouts before it shall report such fact
with appropriate recommendation to the proper court, considering the
surrounding circumstances of place, date and time, his/her health condition
and other related factors.
Is the petitioner had Right to Counsel During the post-sentence
investigation and covered by Republic Act No. 7438?
(a) A Probationer may file a Request for Change of Residence (PPA Form 24) with the City or
Provincial Parole and Probation Office, citing the reason(s) therefore this request shall be
submitted by the Supervising Probation Office for the approval of the Trial Court.
(b) In the event of such approval, the supervision and control over the probationer shall be
transferred to the concerned Executive Judge of the RTC, having jurisdiction and control
over said probationer, and under the supervision of the City or Provincial Parole and
Probation Office in the place to which he transferred.
OUTSIDE TRAVEL
Section 41 of Parole and Probation Administration Omnibus Rules on Probation Methods
and Procedure. Purpose. Outside Travel. –
(a) A Probation Officer may authorize a probationer to travel outside his area of
operational/territorial jurisdiction for a period of more than ten (10) days but not exceeding
thirty (30) days.
(b) A Probationer who seeks to travel for up to thirty (30) days outside the
operational/territorial jurisdiction of the Probation Office shall file at least five (5) days before
the intended travel schedule a Request for Outside Travel (PPA Form 7) with said Office
properly recommended by the Supervising Probation Officer on case and approved by the
CPPO.
(c) If the requested outside travel is for more than thirty (30) days, said request shall be
recommended by the CPPO and submitted to the Trial Court for approval.
Outside travel for a cumulative duration of more than thirty (30) days within a period of six (6)
months shall be considered as a courtesy supervision.
PERIOD OF PROBATION AND ITS IMPLICATION (Sec. 14 of PD 968)
I. PERIOD OF PROBATION
a. If the convict is sentenced to a term of imprisonment of NOT MORE THAN ONE (1),
the period of probation shall NOT EXCEED TWO (2) YEARS.
b. In all cases, if he is sentenced to MORE THAN ONE (1) YEAR, said period SHALL
NOT EXCEED SIX (6) YEARS.
c. When the sentence imposes a FINE ONLY and the offender is made to SERVE
SUBSIDIARY IMPRISONMENT in case of insolvency, the period of probation shall
NOT BE LESS THAN NOR TWICE the total number of days of subsidiary
imprisonment as computed at the rate established by the RPC Art. 39.
ART. 39: When the principal penalty imposed be only a fine, the subsidiary imprisonment
shall not exceed 6 months if the culprit is executed for grave or less grave felony and
shall not exceed 15 days for light felony.
QUESTION
If the probationer committed a crime while under probation, what would be the
consequences?
a. The probationer will be arrested for violation of the condition of probation
b. Prosecution of the new crime committed
The court will order the serving of the original sentence of the previous offense
Absconding Probationer. –
A probationer who has not reported for initial supervision within the prescribed
period and/or whose whereabouts could not be found, located or determined despite
best diligent efforts within reasonable period of time shall be declared by the proper
Office as an absconding probationer.
Thereafter said Office shall file with the proper court a Violation Report (PPA Form
8), containing its findings and recommendation, duly prepared and signed by the
Supervising Parole and Probation Officer and duly noted by the Chief Parole and
Probation Officer.
TERMINATION AND CLOSING OF PROBATION CASE (SECTION 16, PD
968)
Section 16 of PD 968 - After the period of probation and upon
consideration of the report and recommendation of the probation officer, the
court may order the final discharge of the probationer upon finding
that he has fulfilled the terms and conditions of his probation and
thereupon the case is deemed terminated.
The final discharge of the probationer shall operate to restore to him all
civil rights lost or suspend as a result of his conviction and to fully
discharge his liability for any fine imposed as to the offense for which
probation was granted.
The probationer and the probation officer shall each be furnished with a
copy of such order.
THE VOLUNTEER PROBATION AIDES (VPA)
VOLUNTEERISMS define
It is a strategy by which the parole and probation administration may be able to
generate maximum citizen participation or community involvement in the
overall process of client rehabilitation.
FUNCTIONS
To carry out these goals, the Agency through its network of regional and field parole and probation
officers performs the following functions:
a. To administer the parole and probation system
b. To exercise supervision over parolees, pardonees and probationers
c. To promote the correction and rehabilitation of criminal offenders.
PROBATION ADMINISTRATOR
The Administration shall be headed by the Probation Administrator,
hereinafter referred to as the Administrator.
It is appointed by the President of the Philippines. He shall hold office
during good behavior and shall not be removed except for cause.
MAJOR REHABILITATION PROGRAMS
A. RESTORATIVE JUSTICE (RJ) is a philosophy and a process whereby stakeholders in a specific offense
resolve collectively how to deal with the aftermath of the offense and its implications for the future. It is a
victim-centered response to crime that provides opportunity for those directly affected by the crime - the
victim, the offender, their families and the community - to be directly involved in responding to the harm
caused by the crime. Its ultimate objective is to restore the broken relationships among stakeholders.
B. The VOLUNTEER PROBATION AIDE (VPA) PROGRAM is a strategy by which the Parole and Probation
Administration may be able to generate maximum citizen participation or community involvement. Citizens of
good standing in the community may volunteer to assist the probation and parole officers in the supervision
of a number of probationers, parolees and conditional pardonees in their respective communities. Since they
reside in the same community as the client, they are able to usher the reformation and rehabilitation of the
clients hands-on.
C. The THERAPEUTIC COMMUNITY (TC) is a self-help social learning treatment model used in the
rehabilitation of drug offenders and other clients with behavioral problems. TC adheres to precepts of “right
living” - Responsible Love and Concern; Truth and Honesty; the Here and Now; Personal Responsibility for
Destiny; Social Responsibility (brother’s keeper); Moral Code; Work Ethics and Pride in Quality.
PAROLE
WHAT IS PAROLE?
PRISONERS QUALIFIED
Unless otherwise disqualified under Sec. 15 of the rules, a prisoner shall be eligible
for the grant of parole upon showing that –
a.He is confined in a jail or prison to serve an indeterminate prison
sentence, the maximum period of which exceeds one year, pursuant
to a final judgment of conviction; and that
b.He has served the minimum period of said sentence less the
good conduct time allowances (GCTA) earned.
c. There is a reasonable probability that if released, he will become
law-abiding; and
d.His release will not be incompatible with the interests and welfare
of society.
ELIGIBILITY FOR REVIEW OF A PAROLE CASE - AN INMATE'S CASE MAY BE ELIGIBLE
FOR REVIEW BY THE BOARD PROVIDED:
1. Inmate is serving an indeterminate sentence the maximum period of which exceeds one
(1) year;
2. Inmate has served the minimum period of the indeterminate sentence;
3. Inmate's conviction is final and executory;
4. In case the inmate has one or more co-accused who had been convicted, the
director/warden concerned shall forward their prison records and carpetas/jackets at
the same time.
5. Inmate has no pending criminal case; and
6. Inmate is serving sentence in the national penitentiary, unless the confinement of said
inmate in a municipal, city, district or provincial jail is justified.
A. PRISONERS DISQUALIFIED FOR PAROLE: (Section 2, Act no. 4103)
1. Those persons convicted of offenses punished with reclusion perpetua;
2. Those convicted of treason, conspiracy or proposal to commit treason;
3. Those convicted of misprision of treason, rebellion, sedition or espionage;
4. Those convicted of piracy;
5. Those who are habitual delinquents;
6. Those who escaped from confinement or those who evaded sentence;
7. Those who were granted conditional pardon and violated any of the terms thereof;
8. Those whose maximum term of imprisonment does not exceed 1 year or are with a definite sentence;
9. Those suffering from any mental disorder as certified by a psychiatric report of the bureau of correction
or national center for mental health;
10. Those whose conviction is on appeal;
11. Those who have pending criminal case for an offense committed while serving sentence.
12. Those convicted of offenses punished with reclusion perpetua, or whose sentences were reduced to
reclusion perpetua by reason of Republic Act No. 9346 enacted on June 24, 2006, amending Republic Act
No. 7659 dated January 1, 2004; and
13. Those convicted for violation of the laws on terrorism, plunder and transnational crimes."
BOARD OF PARDONS AND PAROLE
The Board of Pardons and Parole, created by virtue of Act No. 4103
(1933) known as the Indeterminate Sentence Law, is an agency under
the Department of Justice (DOJ) tasked to uplift and redeem valuable
human resources to economic usefulness and to prevent unnecessary
and excessive deprivation of personal liberty by way of parole or through
executive clemency.
SEC. 35. Outside Travel - A Chief Probation and Parole Officer may authorize a client to travel
outside his area of operational jurisdiction for a period of not more than thirty (30) days. A travel for
more than 30 days shall be approved by the Regional Director.
SEC. 36. Travel Abroad and/or Work Abroad - Any parolee or pardonee under active
supervision/surveillance who has no pending criminal case in any court may apply for overseas work
or travel abroad. However, such application for travel abroad shall be approved by the Administrator
and confirmed by the Board.
SEC. 37. Death of Client - If a client dies during supervision, the Probation and Parole Officer shall
immediately transmit a certified true copy of the client's death certificate to the Board recommending
the closing of the case. However, in the absence of a death certificate, an affidavit narrating the
circumstances of the fact of death from the barangay chairman or any authorized officer or any
immediate relative where the client resided, shall suffice.
Effect of Recommitment of Client - The client who is
recommitted to prison by the Board shall be made to serve the
remaining unexpired portion of the maximum sentence for
which he was originally committed to prison.
Certificate of Final Release and Discharge - After the expiration of the
maximum sentence of a client, the Board shall, upon the recommendation of
the Chief Probation and Parole Officer that the client has substantially
complied with all the conditions of his parole/pardon, issue a certificate of
Final Release and Discharge to a parolee or pardonee. However, even
before the expiration of maximum sentence and upon the recommendation
of the Chief Probation and Parole Officer, the Board may issue a certificate
of Final Release and Discharge to a parolee/pardonee pursuant to the
provisions of Section 6 of Act No. 4103, as amended.
The clearances from the police, court, prosecutor's office and barangay
officials shall be attached to the Summary Report.
WHAT IS EXECUTIVE CLEMENCY?
It shall refer to Absolute Pardon, Conditional Pardon with or without Parole conditions and
Commutation of Sentence as may be granted by the President of the Philippines upon the
recommendation of the Board of Pardon and Parole.
Executive Clemency under the criminal justice system is the act by an executive member
of government of extending mercy to a convicted individual. In the United States,
clemency is granted by a governor for state crimes and by a president for federal crimes.
Clemency can take one of four forms: a reprieve, a commutation of sentence, a pardon and
amnesty.
WHO WILL GRANT EXECUTIVE CLEMECY?
It is exercise by the President.
Upon the recommendation of the Board of Pardons and Parole, s/he can grant pardons,
commute sentences, or defer the implementation of sentences.
A pardon is the remission of a penalty. It is an act of grace or forgiveness that relieves the
person pardoned from some or all of the ramifications of lawful punishment. A pardon may be
conditional or unconditional. Pardons do not erase or seal a conviction; a pardon forgives
guilt. It vested to the Chief Executive (The President) as a matter of power.
Pardon is “an act of grace, proceeding from the power entrusted with the execution of the laws,
which exempts the individual, on whom it is bestowed, from the punishment the law inflicts for a
crime he has committed. It is the private, though official act of the executive magistrate, delivered
to the individual for whose benefit it is intended, and not communicated officially to the Court. A
pardon is a deed, to the validity of which delivery is essential, and delivery is not complete without
acceptance.”
TWO TYPES OF PARDON
1. Absolute Pardon-It refers to the total extinction of the criminal liability of the individual
to whom it is granted without any condition whatsoever and restores to the individual his
civil rights and remits the penalty imposed for the particular offense of which he was
convicted.
PURPOSE:
1. To right a wrong
2. To normalize a tumultuous political situation.
Absolute Pardon is also granted by a President to an imprisoned president the incumbent
has deposed.
Absolute Pardon is granted in order to restore full political and civil rights to convicted
persons who have already served their sentenced and have reached the prescribed period
for the grant of Absolute Pardon.
2. Conditional Pardon-It refers to the exemption of an individual, within
certain limits or conditions; from the punishment that the law inflicts for the
offenses he has committed resulting in the partial extinction of his criminal
liability. It is also granted by the President of the Philippines to release an
inmate who has been reformed but is not eligible to be released on parole.
He shall also have the power to grant amnesty with the concurrence of a
majority of all the members of the Congress.
HOW IS PARDON DIFFERENT FROM PROBATION?
Probation and pardon are not the same. Probation is “a disposition under
which a defendant, after conviction and sentence, is released subject to
conditions imposed by the court and to the supervision of a probation officer.”
Probation is a part of the judicial power, while pardon is a part of the
executive power. The suspension of the sentence under probation simply
postpones the judgment of the court temporarily or indefinitely, but the
conviction and liability following it, and the civil disabilities, remain and become
operative when judgment is rendered.
HOW IS PARDON DIFFERENT FROM COMMUTATION AND REPRIEVE?
NOTA BENE: Amnesty can be availed of before, during and after the trial
of the case, even after conviction.
DIFFERENCES BETWEEN AMNESTY AND PARDON
Amnesty Pardon
Granted for political offenses Granted for any offense
Granted to classes of persons or communities Granted to individuals
Public act which the court may take judicial Private act which must be pleaded and proved by
notice the person pardoned
Looks backward and puts the offense into Looks forward and relieves the offender from the
oblivion consequences of his offense
WHAT IS COMMUTATION OF SENTENCE?
The act of the president changing, reducing or mitigating a heavier sentence to
a lighter one or a longer term into a shorter term. It may alter death sentence to
life sentence or life sentence to a term of years.
It does not forgive the offender but merely to reduce the penalty pronounce by
the court.
It is a change of the decision of the court made by the Chief Executive by
reducing the degree of the penalty inflicted upon the convict, or by decreasing the
length of the imprisonment of the original sentence.
A commutation of sentence takes place when the sentence, generally one of
imprisonment, is reduced to a lesser penalty or jail term. This type of clemency
does not void the conviction.
SPECIFIC CASES WHERE COMMUTATION IS PROVIDED FOR BY
THE CODE:
1. When the convict sentenced to death is over 70 years of age;
2. When ten justices of the Supreme Court failed to reach a decision for
the affirmation of the death penalty;
- Every person deprived of liberty shall be accorded the following minimum rights:
1. The right not to be subjected to torture and other cruel, inhuman or degrading treatment
or punishment, including solitary confinement;
2. The right to competent counsel in all stages of litigation, including appeal and other post-
conviction remedies, and the provision of free legal aid for indigent PDLs;
5. The right to decent and compensated work, whenever available and applicable; and
6. The right not to be discriminated against, and to be treated with respect due to their
inherent dignity and value as human beings.
What are some of the laws governing prisons and jails in the Philippines?
Article II Section 11 of the 1987 Philippine Constitution, which says: “The State
values the dignity of every human person and guarantees full respect for human
rights.” Furthermore, Article III (Bill of Rights), Section 1 of the Constitution,
states that “[n]o person shall be deprived of life, liberty, or property without due
process of law, nor shall any person be denied the equal protection of the laws.”
Presidential Decree No. 28. s. 1972, an act that established seven regional
prisons and converted existing national penal institutions into regular prisons and
penal farms.
Republic Act No. 10707, otherwise known as An Act Amending Presidential Decree 968,
Otherwise Known as ‘The Probation Law of 1976,’ As Amended. It lists the requirements needed
for a convicted prisoner to be qualified for parole or probation. Probation is a privilege granted by a
court to a convicted person to remain in a community instead of remaining in jail.
Republic Act No. 6975, or the Department of the Interior and Local Government Act of 1990. This
act established the Philippine National Police (PNP), the Bureau of Fire Protection (BFP), and the
Bureau of Jail Management and Penology (BJMP) under the Department of the Interior and Local
Government (DILG). Chapter V details the powers and functions as well as the organization of
BJMP. It also established district, city, and municipal jails.
Republic Act No. 10575 or the Bureau of Corrections Act of 2013. An act that aims to strengthen
the Bureau of Corrections and providing funds for the modernization, professionalization and
restructuring of BuCor, including the upgrading of its facilities, increasing the number of its
personnel, upgrading the level of qualifications of their personnel and standardizing their base pay,
retirement and other benefits, making them at par with those enjoyed by personnel of the Bureau
of Jail Management and Penology (BJMP).
Republic Act No. 7438 or the act that defines “certain rights of persons arrested,
detained or under custodial investigation as well as duties of the arresting,
detaining and investigating officers, and providing penalties for violations thereof.”
Republic Act No. 9745 or the Anti-Torture Act of 2009, the law that penalizes acts
by persons of authority or state agents that cause “severe pain, exhaustion,
disability or dysfunction” on detainees as well as mental or psychological acts
“calculated to affect or confuse the mind or undermine a person’s dignity and
morale.”
Republic Act No. 9344 or the Juvenile Justice and Welfare Act of 2006, which
covers the different stages of children at risk and children in conflict with the law,
from prevention to rehabilitation, to integration. It places the minimum age of
criminal responsibility at 15 years. It provides for child-appropriate proceedings,
including programs and services for prevention, rehabilitation and reintegration of
children at risk and in conflict with the law.
Presidential Decree No. 603, or the Philippine Child and Youth Welfare Code.
This decree requires that arrested minors, except for special circumstances, be
committed to the care of the Department of Social Welfare and Development
(DSWD) or a juvenile center for the duration of his or her arrest or until they
reach the age of 18.
THE MODERN PERIOD OF CORRECTION
Modern Penal Management incorporates general principles of treating offenders that are
based on humane practices such as the following:
1. Jail or Prison rules shall be applied impartially without discrimination on ground of race, color,
language, religion or other opinion, national or social origin, property, birth or other status.
2. The religious beliefs and moral precepts not contrary to law, which a prisoner holds, must be
respected.
3. Prison or Jail rules and regulations shall be applied with firmness but tempered with
understanding.
4. Custodial force shall, at all times, conduct themselves as good examples.
5. Abusive or indecent language to prisoners shall not be used.
6. Special care towards inmates shall be practiced preventing humiliation or degradation.
7. No use of force must be made by any of the custodial force, except in self-defense or attempt to
escape or in case of passive physical resistance to a lawful order.
8. Custodial force shall bear in mind that prisoners are sick people who need treatment.
REPUBLIC ACT NO. 10575
- OTHERWISE KNOWN AS “THE BUREAU OF CORRECTIONS ACT OF 2013”
G. Interfaith Program
PDL are provided with the opportunity to practice their faith while under custody without
discrimination, subject only to usual safety and security measures. The BJMP chaplains and imams
provide different religious services such as but not limited to mass celebrations, communal prayers,
spiritual counseling, catechism, and others. Religious organizations and their respective
ministers/pastors and leaders are accredited by BJMP to facilitate their regular contact with PDL for
the provision of religious services.
H. Cultural and Sports Program
The cultural program aims to promote camaraderie among PDL, encourage the development of
self-confidence and sharing of cultural talents as form of positive entertainment. Cultural activities
allowed in jails include dance, singing, theatre/drama, and art workshops. Also, through this
program, PDL experience some sense of social normalcy through the communal celebrations of
socio-cultural events like birthdays, Valentine’s Day, Mothers’ and Fathers’ Day, Christmas, Lent
and Easter, Ramadan, local festivals and other similar activities.
I. Paralegal Program
The main objective of the Paralegal Program is to address the overcrowding in jail facilities.
Through the paralegal program, PDL are assisted in availing of the different early modes of
release. Regional and jail paralegal officers conduct continuous informative seminars/orientations
to PDL on their rights, modes of early release, and other paralegal/legal remedies which can be
availed of by them. Other paralegal services include paralegal counseling and case follow-up in
the courts by the jail paralegal officers.
J. E-Dalaw
The E-DALAW service is an alternative to the traditional face-to-face visitation between PDL
and respective families. This service enables the PDL to connect with his/her family through a
supervised video call and chat. The program is conceptualized specifically to cater to PDL
whose family members cannot go to the jail for actual visit because of the long distance to the
jail from the residence or workplace of the family members. However, in case of jail lockdown
by reason of public health emergency where visitation is suspended, all PDL are allowed to use
the e-dalaw to communicate with their families on equitable rotation basis.
Support Services
A. Human Rights Desks
Every jail facility operates a 24-hour Human Rights Desk handled by a designated Human Rights
Affairs Officer. The main function of the Human Rights Desk is to receive complaints concerning
human rights violations from PDL and visitors and to report the complaints thru the appropriate
reporting system to the concerned BJMP offices and to the Commission on Human Rights for
investigation and appropriate action.
B. Help Desk
In line with the government’s policy of providing timely and speedy access to government services,
each jail facility has established its own Help Desk managed by a designated Held Desk Officer.
The Help Desk functions as a referral unit where PDL and visitors can lodge their request for
assistance concerning personal or family needs. These requests are evaluated by the Help Desk
Officer and all requests for assistance that cannot be addressed by the jail are referred to the
concerned government agencies for appropriate action.
C. Referrals for Aftercare
Although BJMP recognizes the importance of aftercare program for PDL to be released for
them to start a new, it is limited only to providing welfare and developmental programs to PDL
while they are in custody. Nevertheless, to ensure continuity of care of PDL upon release, the
jail unit Welfare and Development Officer facilitate referrals to different community resources.
These referrals addressed to the local government units, non-government organizations and
the business sector usually include but not limited to seeking immediate financial assistance
for PDL’s repatriation, employment/livelihood assistance, educational/vocational training
scholarships, medical and psychological interventions.
Special Program for Vulnerable Groups
A. Services for Pregnant PDL
Pregnant PDL, by reason of their medical condition, are given special attention by the jail nurses to
ensure compliance to pre-natal and post-natal care, timely provision of other pregnancy-related
needs, and assistance for the care of the newborn until the latter is endorsed to the immediate
family or accredited child-caring agency.
B. Services for Senior Citizen PDL and PDL with Disabilities
In addition to implementing measures to protect the senior citizen PDL and PDL with disabilities
from discrimination and establishing functional priority lanes for them, the primary policy is to link
them to the local Office of Senior Citizen Affairs Office (OSCA) and Person with Disability Affairs
Office (PDAO) for the acquisition of their respective Identification Cards. The respective
identification cards issued by the local government unit are the PDL’s access key to the different
services for senior citizens and persons with disabilities mandated by the Senior Citizen’s Act and
Magna Carta for Persons with Disabilities.
C. Services for PDL with other Special Needs
PDL who are members of the LGBT community maybe segregated from the general population in terms of
housing to prevent potential mistreatments towards them by reason of their gender expression and other
vulnerabilities. Nevertheless, they receive the same programs and services provided to the general population
and they are encouraged to participate fully in the socio-cultural activities of the jail.
D. Mental Health Services
In general, preventive mental health aimed at reducing incidence of mental health disorders and developing
positive coping mechanisms are provided to all PDL. Preventive mental health interventions include informative
seminars on stress management, psycho-educational counseling and other supportive psychological group
activities. Likewise, psycho-social support services or stress debriefing to address trauma are facilitated for
PDL after the occurrence of untoward jail incidents or in the aftermath of devastating calamities directly
affecting the PDL.
E. Drug Counseling for PDL with Substance use Disorder
PDL with substance use disorder or have history of illegal drug use and who were granted plea bargaining
under A.M. No. 18-03-16 SC, are provided with drug counseling using the Katatagan Kontra Droga sa
Komunidad (KKDK) approach. The KKDK is a psycho-educational drug counseling program developed
consisting of twenty-four (24) modules: eighteen (18) modules to be completed by the PDL in a small group
setting with fellow PDL and six (6) family modules to be participated by the PDL’s family. The drug counseling
runs for maximum duration of four (4) months.
The United Nations Standard Minimum Rules
for the Treatment of Prisoners
Rule 3 Imprisonment and other measures that result in cutting off persons from the outside
world are afflictive by the very fact of taking from these persons the right of self-determination
by depriving them of their liberty.
Rule 4 1. The purposes of a sentence of imprisonment or similar measures deprivative of a
person’s liberty are primarily to protect society against crime and to reduce recidivism.
Rule 5 1. The prison regime should seek to minimize any differences between prison life and
life at liberty that tend to lessen the responsibility of the prisoners or the respect due to their
dignity as human beings.
THERAPEUTIC COMMUNITY MODALITY BY PAROLE AND PROBATION ADMINISTRATION
(PPA)
WHAT IS TC?
The Therapeutic Community (TC) is an environment that helps people get help while helping
others. It is a treatment environment: the interactions of its members are designed to be
therapeutic within the context of the norms that require for each to play the dual role of client-
therapist.
He is then assigned a static group and a big brother who will provide him with support and will
walk him through the orientation phase. At this phase, the resident is handled gently and is
expected to commit mistakes in the process of learning the program. Sanctions on negative
behavior are usually light with emphasis on teaching.
Phase II- Primary Treatment
After proper orientation on the different TC concepts and tools, the norms and rules of the community and
the staff members, the resident is now ready to undergo the treatment proper. He becomes a part of the
community starting as a crew member of the Housekeeping department until he gradually ascends in the
hierarchy. He must be knowledgeable on the following:
Proper use of the different tools to address personal issues and concerns and shape behavior
Maximize participation in activities that are appropriate to the resident’s need for growth
Learning how to trust the environment by disclosing self to the community and develop insight in the
process
Improve social skills and recognize the importance of other people’s help in shaping behavior
Phase III- Pre Re-entry
Under regular circumstances, the resident is expected at this stage to have internalized the TC
values and concept to start life afresh. However, in the jail setting where entry and release are not
within the jail control, residents may not have reached this phase of treatment before they even
leave the jail facility.
Regardless of the resident’s length of stay, he is expected to undergo this phase prior to
release into society. At this phase, the resident is expected to have proven his ability to take on
more responsibility hence needs lesser supervision. He is considered a role model in the TC
community. He should focus on the following learning:
Rebuilding of social and family ties
Going up the ladder of hierarchy by showing leadership
Realization of his full potential to be a productive member of society
Mapping out of plans
Phase IV- Re-entry
In the ideal setting, a resident at this stage is now ready to be released back to society as he
has demonstrated adequate self-control and discipline. The inmate is now preparing for his life
outside of jail and is focused on making himself a productive citizen. He may start planning for job
hunting and rebuilding family ties and relationships.
In the jail setting, the residents will stay inside the jail until their cases are resolved or
they have been convicted and need to be remanded to the Bureau of Corrections.
The resident must focus on the following:
Transition to life outside of jail.
Creating a new lifestyle applying the tools and concept of TC.
Learning positive coping skills to deal with day-to-day situations.
Re-establishing and strengthening family ties and support group.
Reintegration into the mainstream of society.
Developing realistic and attainable goals in life.
Phase V- Aftercare
Aftercare is an outpatient program that requires clients to report twice a
week to an outreach center. They are required to attend group sessions to
ensure their adjustment to life outside jail to reduce recidivism. For clients
released from jail, they are referred to the Parole and Probation Administration
and Local Government Units for follow up and aftercare. The clients are focused
on the following:
Maintaining positive behavior and prevent recidivism
Strengthening coping mechanism
Maintaining relationships and support mechanism
Sustaining interest in job or vocation to maintain livelihood
Integration into society
Therapeutic Community Program by the Bureau
of Corrections (BUCOR)
The Therapeutic Community (TC) Program represents an effective, highly
structured environment with defined boundaries, both moral and ethical. The
primary goal is to foster personal growth. This is accomplished by re-
shaping an individual’s behavior and attitudes through the inmates
community working together to help themselves and each other, restoring
self-confidence, and preparing them for their re-integration into their families
and friends as productive members of the community.
Patterned after Daytop TC, New York which is the base of the
Therapeutic Community movement in the world, the BuCor TC program was
adopted as part of the Bureau's holistic approach towards inmate
rehabilitation. It is implemented primarily but not limited to drug
dependents.
The TC approach has been continuously proven worldwide as an effective
treatment and rehabilitation modality among drug dependents, and have
been noted to be effective in many prisons. By immersing a drug offender in
the TC environment, he learns why he had developed his destructive habits,
which led him to substance abuse. The program modifies negative behavior
and or attitudes while restoring self-confidence, and prepares inmates for their
re-integration into their families and friends as productive members of the
community. This behavioral modification program gradually re-shapes or re-
structures the inmate within a family-like environment, wherein every
member acts as his brother’s keeper.
BEHAVIORAL MANAGEMENT
The Behavior Management is a component of Therapeutic Community
Modality Program (TCMP) that introduces the concept and mechanics of
the various shaping tools to include Morning Meeting in order to facilitate
the management of and shape the behavior of the residents.
Pre-Morning Meeting is done early in the morning prior to the Morning
Meeting. Senior members of the community will meet for about fifteen (15)
minutes to discuss the attitude of the house the previous day. It is also where
the senior members formulate solutions to the concerns discussed and to be
executed during the day. The attendees will also discuss the activities to be
engaged in the Morning Meeting and make sure that all participants are ready
with their corresponding parts and determine the amount of time to be allotted for
each part. The group will agree on the theme or concept of the day. This is to
make sure that everything is ironed out prior to the conduct of the Morning Meeting
such as the validation of pull-ups and other concerns.
MORNING MEETING
Morning Meeting is a daily ritual that starts the day in a TC facility. It is
attended by the whole community and lasts for an hour. It commences with the
Opening Prayer, Singing of the Philippine National Anthem and the recitation of
the TC Philosophy. It is usually facilitated by any member of the community. It is
divided into two (2) parts namely: (1) public announcements and community
concerns and (2) community-spirit building or up rituals.
The first part of the meeting consists of public announcements regarding
important activities or businesses and other information that the community
needs to know. It is a review of how the community performed in the previous
day and check on the behavior of erring members through the conduct of “pull-
ups”.
A pull up is done as an expression of concern over the lapses of some
members and encourage ownership of mistakes on the violators. The pull-up
is followed by affirmations of good deeds, display of responsible concern
towards peers or unselfish acts of some residents.
Behavior Shaping Tools (BST) is employed to strengthen the learning
process and the practice of more adaptive behaviors within the social
learning environment. The major tools of the BST, such as the Talk To,
Pull–up, Dealt With, Haircut, Learning Experience, General Meeting and
Expulsion were developed as a means to correct behaviors of the
residents that violated the TC norms.
A “Talk To” is an outright correction done by any member of the TC
community to another member who has done a minor infraction but is not
aware of it. It is a friendly reminder/advice about an unacceptable behavior
and must be done privately. During a “Talk To”, the resident is made aware of
his/her negative behavior and the results it may have on others and the
environment. The feedback given to the resident who committed mistake is
done in a positive way. This is to evoke awareness on the part of the violators to
avoid committing the same mistake and be given heavier sanctions if done in
the future.
PULL-UP
A Pull-up is done as a result of lack, missed or lapses in awareness in a resident. All the
members of the community are responsible to pull-up minor infractions done by peers. It
encourages honesty, demeanor awareness and owning up to one’s mistakes. This is done when the
violator is unknown and must be validated first prior to bringing up in the Morning Meeting.
DEALT WITH
Dealt With is done when negative behaviors or infractions to the House Rules/Norms are
done for the second time of same offense by a resident.
A panel of three (3) composed of a senior resident, peer and a friend are tasked to deliver
a serious and stern reprimand to the subjected resident.
Although the tool does not strictly require the presence of a staff, to attain its purpose, the staff
should monitor its conduct to ensure that the panel assigned to the task really acted appropriately. It
is done privately in a room or an area with no other else hearing the conversation.
HAIRCUT
Haircut is done when negative behaviors or infractions to the House Rules/Norms in
same offense are done for the third time or more or for first time grave offenses. It is a
carefully planned and structured verbal reprimand given by a Staff with four other
residents - Senior Resident, Peer, Big Brother, and Department Head. The tone is more
serious and can be loud, more harsh and exaggerated.
LEARNING EXPERIENCE
A Learning Experience (LE) is an action or activity given to a resident who was subjected
to Haircut or General Meeting who did an infraction to correct or modify a behavior. LE may
be task –oriented, written task or peer interactions. Since TCMP is educational rather than
punitive in its approach to behavioral change, the LE should be done in a way that would remind
the person of the negative attitude he has done without compromising his human dignity. The
intent of the LE is not to stigmatize the person but to motivate him to make restitutions for the
wrong doings he committed and redeem himself in the community.
BANS
Bans are sanctions to members who commit repeatedly infractions or violation to the Cardinal
Rules by prohibiting, disallowing or limiting an activity or affiliation to a group.
It somehow curtails some freedom of movement and association. This sanction causes
unpleasant feelings which people try to avoid hence may evoke behavioral changes in the future. It
must be applied consistently after the adverse behavior to emphasize the negative consequences.
Privileges limited should have impact but must not limit individual ability to meet personal hygiene,
nutritional and emotional needs. A resident subjected to Bans must be first processed in a General
Meeting called for the purpose.
Examples of Bans:
*Regulation of visiting privilege
*Banned from attending Entertainment and Recreational activities
GENERAL MEETING
A repeated breach to the Cardinal Rules necessitates a General Meeting. Such
issue should be discussed with the community to point out to the violator the
negative effect the behavior had on the community. Such offense includes sexual
acting-out with a fellow resident, taking drugs and engaging in physical fight
with another resident. Other facilities include stealing or even smoking as part of
the Cardinal Rules. These behaviors pose a threat to the community because they
violate the established order and safety of the facility.
EXPULSION
In extreme cases, when a resident is incorrigible and becomes a threat to
the community (Instigator, initiator of jail disturbances), the Director with the
recommendation of the Disciplinary Board may transfer him/her to the
nearest jail facility with an appropriate Court Order.
PSYCHOLOGICAL AND EMOTIONAL ASPECT
COUNSELING
Counseling is defined as a professional activity of helping individuals,
groups or communities enhance or restore their capacity for
psychological, emotional and social functioning and creating an
environment favorable for the attainment of these goals.
Empathy is the ability to perceive the client’s feelings and to demonstrate accurate
perception of the client.
*Warmth is also called “unconditional positive regard”. It involves accepting and caring about
the client as a person, regardless of any evaluation or prejudices on the client’s behavior or
thoughts. It is most often conveyed through our non-verbal behavior or bodily gestures.
*Respect is our belief in the client’s ability to make appropriate decisions and deal appropriately
with his or her life situation, when given a safe and supportive environment in which to do so. It is
often showed best by not offering advice or cheap comfort. The counselor shows his utmost
respect to the client by listening in silence and giving him the opportunity to design his own
solutions to the problem. A similar term for this is “empowerment” as the counselor likewise
demonstrates that he values the integrity of the client.
Congruence or genuineness is being honest and authentic in dealing with
the client. It is showing real concern rather than focusing on techniques during
sessions. It is also being aware of the counselor’s own unmet needs and how it
may affect his relationship with the client.