CA 311k
Institutional Correction
CHARMAINE ANA MARIE F. GONZALES
INSTITUTIONAL CORRECTION
By: Charmaine Ana Marie Gonzales
Copyright © 2020 by Charmaine Ana Marie F. Gonzales and the University of Nueva
Caceres
No part of this course module/study guide may be reproduced or transmitted in any form
or by any means, electronic or mechanical, including photocopying, recording, or any
information storage and retrieval system, without permission in writing from the author/s
and the University of Nueva Caceres
Published in the Philippines by the University of Nueva Caceres
Office of the Vice President for Academic Affairs
JH10, JH Bldg., University of Nueva Caceres,
J. Hernandez Ave. Naga City,
Camarines Sur, Philippines
Printed in the Philippines
First printing, 2020
TABLE OF CONTENTS
COURSE CODE AND TITLE
1
COURSE DESCRIPTION
1
OVERVIEW OF THE COURSE
1
COURSE OUTCOMES
1
PREREQUISITE KNOWLEDGE AND SKILLS FOR THE COURSE
1
COURSE OUTLINE
2
LIST OF RESOURCES NEEDED BY THE STUDENTS
2
COURSE SCHEDULE
2
COURSE REQUIREMENT AND GRADING SYSTEM
4
MODE OF DELIVERY AND OTHER SUPPORT SYSTEM
5
MODULE 1: Introduction to the Criminal Justice System
6
MODULE 2: History of Correction
10
MODULE 3: Pioneers of Reformation
14
MODULE 4: Punishment and Penalty
20
MODULE 5: Inmates: Detainee and Prisoner
29
MODULE 6: Jail and Prison
30
MODULE 7: Correctional system in the Philippines
37
MODULE 8: Reception, Procedure and Classification
43
MODULE 9: Correctional Process
49
COURSE CODE AND TITLE: CA 311k-INSTITUTIONAL CORRECTION
COURSE DESCRIPTION
This course involves the history, philosophy, and objectives of imprisonment and the development of
prisons. A study of institutional agencies in the Philippines, including the Jail Management and
Penology which oversees city, municipal, district jails, provincial jails, and the Bureau of Corrections
and their structures, management standards, programs, and services. A critical analysis of this law
creating these agencies to determine areas for possible improvement.
OVERVIEW OF THE COURSE
Institutionalized Correction (CA311k) is a three (3) credit unit subject under the Bachelor of Science
in Criminology (BSCrim) curriculum. The course content as herein provided strictly follows the
prescribed competence of the Commission on Higher Education (CHED) and the syllabus for
Criminology Licensure Examination of Professional Regulations Commission (PRC).
You will study the history of punishment and the leaders in charge of changing the justice system in
this course. There is also a section about the methods of punishment, sentences, facilities, inmates,
and the Correction Department, and the Prison and Penology Division. You will certainly be
encouraged to graduate in criminology and be part of the field of criminal justice when you complete
this course.
COURSE OUTCOMES
1) Explain the historical development of Penology.
2) Identify the pioneers of reformation
3) Discuss the concept of punishment and its purpose
4) Explain the classification process through which the rehabilitation, program of prisoners is carried
out.
PREREQUISITE KNOWLEDGE AND SKILLS FOR THE COURSE
(1) Basic digital literacy skills required for studying such as being able to communicate through email,
FB messenger, and video call (these are especially for students with unstable or zero connectivity at
home). For students who have stable connectivity,
one should know the basic skills in downloading and uploading content material using Google Suite
(Google docs, Google drive, Google sheets). Students will need this as a basic tool when engaging with
their teachers and groupmates. Students also need to have basic skills in using Google Hangouts or
Zoom as platforms to be used during real-time or synchronous sessions with their professor and
classmates. To facilitate the use of these tools, it would be advisable for students to create their own
Gmail accounts.
(2) Good socialization skills are expected from the learners. As the teachers and students are away
from each other, students need to exert extra effort to establish and maintain quality relationships
through one’s communication skills, collaboration skills, initiative, critical thinking skills, and the like.
1
(3) Other pre-requisite skills as required by the faculty in the subjects the students are enrolled in.
COURSE OUTLINE
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
Introduction to the Criminal Justice System
History of Correction
Pioneers of Reformation
Punishment and Penalty
Inmates
Correctional System in the Philippines
Jail and Prison
Correctional System in the Philippines
Correctional Process
Custody, Security and Control, Emergency plans, Movement and Transfer of prisoners and
detainees
LIST OF RESOURCES NEEDED BY THE STUDENTS
•
•
•
•
•
•
•
•
•
•
•
•
Gabao, R. 2017, Philippine Criminal Justice System 3rd edition, Chapter House Publishing Inc,
Chief Supt. Mercedes A. Foronda. (2007). Correctional Administration (Institutional
Corrections). Wiseman’sBooks Trading Inc.
Manwong, Rommel K. (2008). Fundamentals of Criminology. Wiseman’sBooks Trading Inc.
https://bucor.gov.ph/history.html
https://www.cor.pa.gov/PCI/Pages/Histort.aspx
https://study.com/academy/lesson/baron-de-montesquieu-ideas-accomplishmentsfacts.html
https://www.ncsl.org/research/about-state-legislatures/separation-of-powers-anoverview.aspx
https://www.officialgazette.gov.ph/1930/12/08/act-no-3815-s-1930/ (Republic Act No.
3815)
https://www.archdaily.com/937611/the-architecture-of-surveillance-the-panopticon-prison
http://en.m.wikipedia.org/wiki/John_Howard_(prison_reformer)
https://study.com/academy/lesson/auburn-vs-pennsylvaniia-priosn-systems.html
http://probation.gov.ph/wp-content/uploads/2014/09/Phil-Crim-Justice-Process.pdf
COURSE SCHEDULE
Study Period
Week 1
Topic
Learning Activities
MODULE 1: Introduction to Criminal
Justice System
Quiz
Five Pillars
▪ Law Enforcement
▪ Prosecution
2
Assessment
Learning
Output
Activity
▪
▪
▪
Court
Correction
Community
Week 2
MODULE 2: History of Correction
Quiz
Assignment
Learning
Output
Activity
Week 3
MODULE 3: Pioneers of Reformation
▪ William Penn
▪ Charles Montesiquieu
▪ Voltaire
▪ Cesare Beccaria
▪ Jeremy Bentham
▪ John Howard
▪ Persons Involved in the
Reformatory Movement
▪ Alexander Mocanochie
▪ Manuel Montesimos
▪ Domets of france
▪ Sir Evelyn Ruggles Brise
▪ Walter Crofton
▪ Zebulon Brockway
Quiz
Learning
Output
Activity
Week 4
MODULE 4: Punishment and Penalty
• Define Punishment
• Early forms of Punishment
• Define penalty
• Juridical Conditions of Penalty
• Penalties as to Gravity
Quiz
Learning
Output
Activity
Week 5
MODULE 5: Inmates: Detainee & Quiz
Prisoner
• Classification of Detainees
• Classification of Prisoners
• Inmates Security classification
Peer-graded
assessment
MIDTERM EXAMINATION
Week 6
MODULE 6: Jail and Prison
Learning
Output
Types of Jails
Types of prisons
Prison Facilities
3
Activity
Week 7
MODULE 7: Correctional System in
the Philippines
Quiz
• BuCor
• BJMP
Learning
Output
Activity
Week 8
MODULE 8: Reception Procedures
and Classification Process
Learning
Output
Activity
Week 9
MODULE 9: Correctional Process
Learning
Output
Activity
Quiz
FINAL EXAMINATION
COURSE REQUIREMENT AND GRADING SYSTEM
“One of your requirements in this subject is to take and complete the Coursera course on “Camera
Exposure and Photography” and “Camera Control”. This course will be taken by 2 batches in the class
who will take the course for a period of 2.5 months for each batch. You will be provided with a list of
students under the 2 batches. The first batch will take the Coursera from August 24 to October 9,
while the second batch will take it from September 21 to October 16. You should be able to earn the
certificate for the course which will be submitted on the last day of the 2.5-month period assigned to
you. The Coursera course is about the historical development, principles, and processes of
photography in relation to law enforcement and criminal justice. This includes the evolution of
camera, photographic processes, and personalities behind the development of modern photography,
use of forensic light sources and techniques and related laws and jurisprudence in photography.
The certificate that you will earn will be a certificate that will be issued by an international university,
and will be an added value when you apply for a job after graduation, which is aligned to UNC’s
Multiple Qualifications Program or MQuaP. The earned certificate will form part of your grade in this
subject, consisting of 20 % of the second half part of your grade. The Coursera course may be taken
at your own time and at your own pace. While you are required to earn only one certificate, you are
encouraged to take and complete as many courses of your choice as you can during the 2.5 month
period for your additional graduation credentials, and which will also earn for you additional points in
your final grade. I am sure you will learn many things from Coursera. Take the most out of it!”
The evaluation will be based on the course objectives and will be carried out in accordance with the
University of Nueva Caceres policy. To pass the course, you must:
For students in Modular Modality
1. Read all course readings and answer the learning activities like self- assessment, assignments,
and evaluation questions.
2. Submit your weekly assignment every Friday at the designated drop-off center of the
university.
4
3. Use the prescribed test booklet of the university in answering the learning activities.
4. Take the TWO (2) periodical examinations (Midterm and Final)
5. Observe Academic Integrity (Do not plagiarize the ideas or content of the rightful owner,
always observe proper citation)
For students in Flexible Tech-driven modality.
1. The learning materials will be uploaded to your Learning Management System. You need to access
it by using your password.
2. The submission of your assignments and self-assessment will also be every Friday through your
Learning Management System.
3. Take the TWO (2) periodical examinations.
4. Observe Academic Integrity (Do not plagiarize the ideas or content of the rightful owner, always
observe proper citation)
Grading System
Assignments, self-assessment, forums
Major Exams (Midterm and Final exams)
– 40%
– 60%
100%
LEARNER SUPPORT SYSTEM
Asynchronous - the learning occurs through online channels without real-time interaction
(https://thebestschools.org); in UNC, asynchronous engagement is one where the learning activities
will be experienced through the use of a Learning Management System (LMS) or a learning platform
(such as Coursera, LinkedIn, and others) and these learning activities can happen or can be accessed
by the students at any time and at their own pace, given a certain time frame.
Synchronous - the learning is online that happens in real time (https://thebestschools.org); in UNC,
the teaching-learning activities happen in real-time through the use of real-time platforms such as
Zoom or Google Meet.
For an academic consultation, I am available every Monday at 9:00-11:00 in the morning. You can
reach me through text, or call at 09478467559, or email me at charmaine.gonzales@unc.edu.ph
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MODULE 1
INTRODUCTION TO CRIMINAL JUSTICE SYSTEM
INTRODUCTION
The Philippine Government adopted a system from the United States of America which aims to deals
with criminals and their criminal activity. Unlike the US Criminal Justice System which is comprised of
only three components (Law Enforcement, Court, and Correction), the Philippines has what we called
five (5) pillars namely Law Enforcement, Prosecution, Court, Correction, and Community and each has
specific functions and responsibilities.
In this Module, you are going to learn more about these pillars specifically the fourth pillar of CJS
which is ‘Correction’.
LEARNING OUTCOMES
At the end of this module, you should be able to:
1. Describe the five pillars of the Criminal Justice System.
2. Discuss the connections between the five pillars of CJS.
3. Explain why the correction was considered as the weakest pillar.
FIVE PILLARS OF CRIMINAL JUSTICE SYSTEM
1. LAW ENFORCEMENT PILLAR
Law Enforcement is the “initiator” or “prime-mover’ of CJS. This pillar is responsible for enforcing the
law by preventing crimes, apprehending criminals, and conducting thorough investigations. They also
assist the complainant to file a case and usually the first person or agency in contact with the criminals
during or after committing a crime or for violation of the law. This does not only refer to ‘police
officers’ from Philippine National Police but there are also other agencies under this pillar which has
the same purpose. Other agencies under this pillar are the National Bureau of Investigations (NBI),
Philippine Drugs Enforcement Agency (PDEA), the Military, Bureau of Customs police, Bureau of
Internal Revenue examiners, Land Transportation Office and many more.
FUNCTIONS OF LAW ENFORCEMENT PILLAR
The following are the functions of the law Enforcement in general:
▪ To prevent criminal behavior
▪ To reduce crime
▪ To apprehend and arrest the offenders
▪ To protect life and property
▪ To regulate non-criminal conduct.
LAW ENFORCEMENT AGENCIES
Listed below are some examples of law enforcement agencies:
▪ Philippine National Police (PNP)
▪ Bureau of Fire Protection (BFP)
▪ Bureau of Jail Management and Penology (BJMP)
▪ National bureau of Investigation (NBI)
▪ Philippine Coastguard (PCG)
▪ Armed Forces of the Philippines (AFP)
▪
Philippine Drug Enforcement Agency (PDEA)
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▪
▪
Land transportation Office (LTO)
Bureau of customs (BoC)
2. THE PROSECUTION PILLAR
The one who conducts the prosecution of criminal is called Prosecutor. He is tasked to conduct a
preliminary investigation upon receiving the complaint filed by the victim. This is done to determine
whether there is probable cause to prosecute the respondent in court. The City, Provincial and
Regional State Prosecutors of the Department of Justice and the investigators and prosecutors of the
office of Ombudsman belongs to this pillar.
ROLES OF PROSECUTOR
a. Conduct preliminary investigations
b. Make proper recommendation during the inquest proceedings of the case referred to them
by the police after the investigation of the suspect.
c. Represent the government or state during the prosecution of the case against the accused.
d. To serve as the province or city's legal officer in the absence of its legal representative.
e. To investigate administrative cases filed against state and provincial prosecutors including the
support staff of the national prosecution Service (NPS)
3. THE COURT PILLAR
Conducts cross-examination of the witness before the issuance of the warrant, conducts arraignment,
and holds trial before giving a final decision on the case, that is to determine if the accused is guilty
or not guilty.
FUNCTIONS OF THE COURT PILLARS
▪
▪
▪
▪
▪
To protect the rights of the accused.
To determine by all means whether a person is guilty of a crime.
To dispose properly those convicted of the crimes.
To protect the society.
To prevent and reduce criminal behavior.
4. THE CORRECTION PILLAR
In pending cases, the accused will be detained at Municipal, City, or Provincial jail (offense is not
bailable). And when the court of law declared that suspect is guilty, he will be sentenced to prison
depending upon the crime he committed and the decision of the court. Various rehabilitation and
treatment program will be provided in this pillar. Among the five pillars of CJS, Correction is
considered as the weakest pillar of the Criminal Justice System, this is because despite their efforts to
change the bad behavior of the offenders they still failed to reform and prevent them from doing
criminal acts again.
What is a Correction?
This is the area of criminal justice administration, which uses the body of knowledge and practice of
the government and society, which involves dealing with persons convicted of crimes for prevention
and control of crime.
Areas in Correction:
1. Institutional Based Correction
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2. Non-Institutional Based Correction (community-based Corrections)
5. THE COMMUNITY PILLAR
The community has also the biggest responsibility in terms of maintaining peace and order in society.
They can be a great of help to the police officers or other agencies by giving information regarding
criminal activities or by identifying criminal offenders.
Figure 1. Process of CJS
http://probation.gov.ph/wp-content/uploads/2014/09/Phil-Crim-Justice-Process.pdf
PRIMARY GOALS OF CRIMINAL JUSTICE SYSTEM
The Following are the primary goals of the Criminal justice System (CJS):
1. To protect the members of the society.
2. Maintain peace and order.
SECONDARY GOALS OF CRIMINAL JUSTICE SYSTEM
1. Prevention of Crime
2. Suppression of criminal behaviour by apprehending offenders.
3. Reviewing the legality of our preventive and repressive measures.
4. Proving the guilt or innocence of those apprehended.
5. Proper disposition of those found to be legally liable.
6. The correction of socially approved means of the behavior of those who violate the law.
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SUMMARY OF KEY CONCEPTS
There are five (5) pillars of Criminal Justice system; Law Enforcement, Prosecutor, Court, Correction,
Community.
Law enforcement pillar is considered as the initiator.
REFERENCES
•
•
Gabao, R. 2017, Philippine Criminal Justice System 3rd edition, Chapter House Publishing Inc,
http://probation.gov.ph/wp-content/uploads/2014/09/Phil-Crim-Justice-Process.pdf
LEARNING ACTIVITY 1.1
What do you think is the most important pillar of criminal Justice System?
Do you think the CJS can survive if one pillar is missing? Explain your answer
MODULE 2
9
HISTORY OF CORRECTION
INTRODUCTION
Correction is one of the pillars of the Criminal Justice System. It is defined as a branch of the CJS
dealing with the custody, supervision, and rehabilitation of criminal offenders. Their main purpose is
to punish the offenders for doing a wrongful act and rehabilitate them by providing treatment
programs, counseling, sports, and religious activities. But today’s correctional system is far different
from the past.
In this unit, you will learn about the history of correction, its development over the years, and its
impact on the present correctional system.
LEARNING OBJECTIVES
At the end of this module, you should be able to:
1. Name the influences of the early codes to the present correctional system.
2. Enumerate the different prisons in the past.
13th Century – Securing Sanctuary
In the thirteenth (13th) century, criminals can escape their punishments by going to a sanctuary or a
church. Since a sanctuary is considered sacred, no matter what type of crime they have committed
no one can arrest or harm them inside the church. And in return, criminals are also not allowed to
bring any weapon with them inside and they must leave England after staying within forty (40) days
only.
1468 (England)
The word torture came from the Latin word “tortus” which means to twist or torment. Torture as a
form of punishment became prevalent during the ancient time.
16th Century
The 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. During this time, the death penalty has
been practiced by different countries to punish those who have violated the law.
Early Codes:
The following are the early codes that have a great influence on the world and are adopted by
different countries for their legal system. Among the three cited codes, Roman law has the most
lasting influence.
1. Babylonian and Sumerian Codes
Code of King Hammurabi (Hammurabi Code) – This code existed about 1990 BC, credited
as the oldest code prescribing savage punishment. It deals with the concept of justice as LEX TALIONES
“An eye for an eye, a tooth for a tooth”.
2. Roman and Greek Codes
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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.
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.
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.
3. 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)
History has shown that in much of continental Europe, such as Spain, Portugal, France, and much of
central Europe, the Roman Empire achieved its greatest extent. One of the many countries that cane
under the rule of Roman law in the Philippines.
The Spanish Civil Code finally came into effect in the Philippines on 7 December 1889. The
“Conquistadores and the “Kodigo Penal” (The Revised Penal code today, 1930) were adopted by the
King of Spain’s Spaniards. Such laws followed the principles of Roman law (Coquia, the principle of
Roman Law, 1996)
Mostly tribal traditions, customs, and practices influenced laws during the Pre-Spanish Philippines.
Some laws were written which includes:
The Code of Kalantiaw (Kalantiao)
This is one of the first legal codes in the Philippines created by Rajah Bendahara Kalantiaw in 1433
which prescribed harsh punishment. But a historian named William Henry Scott exposed that there is
no evidence that Datu Kalantiaw ever existed. He emphasized it in his thesis ‘Critical Study of the
Prehispanic Source Materials for the Study of Philippine History’.
· The Maragtas Code is a written law created by Datu Sumakwel.
· Sikatuna Law
Early prisons in the Philippines
During the Pre-Spanish period, there were no national penitentiaries in the Philippines. The only
person that gives penalties for those natives who had violated the law was the chieftain.
In 1847, the first Bilibid Prison was founded according to Section 1708 of the Revised Administrative
Code and the Royal decree formally opened it in 1885. The Old Bilibid prison was located at Oroquieta
Street, Manila, and became the central place of confinement for almost one thousand one hundred
twenty-seven (1,127) Filipino Prisoners. This is also known as the ‘Carcel y Presidio Correctional’. The
San Ramon Prison and Penal Farm in Zamboanga City was established on August 21, 1869, to confine
Muslim rebels and uncooperative political prisoners who are against the Spanish rule.
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In the 1990s during the American’s regime, the Bureau of Prisons was created under the
Reorganization Act of 1905 (Act No. 1407 dated November 1, 1905) as an agency under the
Department of Commerce and Police. With this, San Ramon Prison which was destroyed by the war
was re-establishment in 1907. On January 1, 1915, the San Ramon Prison started receiving prisoners
from Mindanao and was now under the support of the Bureau of Prisons. Two more penal colonies
were created during the administration of the Americans, these are the Correctional Institution for
Women (CIW) which was created on November 27, 1929, under Act No. 3579 and Davao Penal Colony
created pursuant Act No. 3732.
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”.
Early Prisons:
Mamertine Prison is 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.
LEARNING ACTIVITY 2.1
Read each question carefully and write the correct answer in the blanks. If you are ready, you may start.
1.
2.
3.
4.
5.
This is a Latin word which means “to torment”. _____________________
Who is the author of Maragtas Code? _______________________________
A safe place for criminals. __________________________________
Where is the old Bilibid prison located? ______________________________
It is considered as the oldest code and has the most savage punishment during the ancient time.
______________
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Learning Activity 2.2
Enumerate the common crimes being committed and try to identify the kind of punishment given to
the violators at the past and present times. An example is already given.
CRIME
COMMITTED
Stealing
ANCIENT PUNSIHMENT
Death (by King Hammurabi)
PUNISHMENT TODAY
Imprisonment/fine
ASSIGNMENT:
Discuss at least 2 forms of barbaric punishment practiced at ancient times.
REFERENCES
•
•
•
https://bucor.gov.ph/history.html
Chief Supt. Mercedes A. Foronda. (2007). Correctional Administration (Institutional
Corrections). Wiseman’sBooks Trading Inc.
Manwong, Rommel K.(2008). Fundamentals of Criminology. Wiseman’sBooks Trading Inc.
13
MODULE 3
PIONEERS OF REFORMATION
INTRODUCTION
Did you know that the Correction today is far different from before where the law punishes the
offenders with brutality? It has truly changed for the better. And this transition comes from the people
who have campaigned for what they believe would make the world better.
LEARNING OUTCOMES
At the end of this module, you should be able to:
1. Identify the persons responsible for introducing reforms in the correctional field.
2. Enumerate their contributions in the field of corrections.
William Penn (1614-1718)
Penn was born on the 24th day of October 1644 at London,
England. He joined a religious group and was arrested
several times for fighting religious freedom and individual
rights. He also refused to pledge their loyalty to the king
because he and his group believed in God only and no one
else.
“If thou wouldst rule well, thou must rule for God,
and to do that, thou must be ruled by him… Those who
will not be governed by God will be ruled by tyrants.”
-William Penn
One of these, when he was arrested for preaching before a
gathering. No one informed him about his charges where
this is his right that must be granted by the law. He pleaded
to see the copy of his violation but the judge (Mayor of
Figure No. 2
London) refused. The Mayor of London pressured the juries
William
Penn
to convict William Penn but they returned a verdict of “not
guilty”. This is the reason why the full juries were also sent
to jail with Penn on a charge of contempt of court. The members of the jury, fighting their case while
in prison, managed to win the right for all English juries to be from the control of judges.
After the trial, he decided to find a new place for settlement for the Quakers (religious group)where
they can be free and. Penn got the land from King Charles II on March 4, 1681, this is the payment for
his loan to Penn’s father. The land was located west and south of New Jersey and he named it
“Sylvania” which means “wood” (Latin). In honor of Penn’s father, King Charles II renamed it
into PENNSYLVANIA.
William Penn was also considered one of the reformers of the criminal justice system. He is the first
leader to prescribe imprisonment as a correctional treatment for major offenders and responsible for
the abolition of the death penalty and torture as a form of punishment.
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Charles Montesquieu (Charles Louis Secondat, Baron de la Brede et de Montesquieu)
Charles was a political analyst who was born on January 18, 1689, at Bordeaux France and died
February 10, 1775. He was placed under the
guardianship of his uncle when his parents died.
He works as an attorney and became the
‘President a Mortier’, a type of judgeship in
Bordeaux Parliament after he’s uncle died and
passed his job title to him. During his term he
learned that offices, jobs, judgeship could be
bought, sold, or inherited.
Charles Montesique was known for his “TRIAS
POLITICA” or Theory of Separation of Power.
This was written in his publication entitled “The
Spirit of Laws” (1748). According to Charles, the
three branches of government (legislative,
executive, judiciary) should be separated and
must act independently to avoid usurpation or
abuse of power.
The traditional characterizations of the
powers of the branches of American
government are:
Figure No. 3
Charles Montesquieu
•
The legislative branch is responsible for enacting the laws of the state and appropriating the
money necessary to operate the government.
•
The executive branch is responsible for implementing and administering the public policy
enacted and funded by the legislative
branch.
•
The judicial branch is responsible for
interpreting the constitution and laws and
applying
their
interpretations
to
controversies brought before it.
In the field of Correction, Montesique argued that
capital punishment is ineffective, and that harsh
punishment would undermine morality and that
appealing to moral sentiments as a better means
of preventing crime.
VOLTAIRE (Francois Marie Arouet)
Voltaire was considered as the most versatile
among the reformers. He was born on the 21st day
of November 1694 and died on May 30, 1778.
15
Figure No. 4
VOLTAIRE
During his time, France is an extremely strict catholic
nation. Those people who refused to share catholic
beliefs were accused of committing a crime. One
example was the case of Jean Calas, who was sentenced
to death by allegedly killing his eldest son Marc Antoine
for converting to Catholicism. When they found out
that Marc Antoine hanged in Jean’s shop they
immediately arrested and tortured her by putting her
“on the wheel” and then they strangled her. She died
on the same day March 9, 1762, and was burnt.
Figure No. 6
Voltaire learned about the case and use his power to
overturn the verdict. They found out that the catholic
people are biased, so they appointed fifty (50) judges to
re-investigate the case. The verdict was reversed 3
years after the incident (1765) and the Canlas’ family
received insurance from the government.
Jeremy Bentham
Cesare Bonesa, Marchese de Beccaria (17381794)
Beccaria was born on March 15, 1738, and died in
Milan Italy on the 28th day of November 1794. He
wrote an essay entitled “On Crimes and Punishment”
in 1764, the most famous and influential essay on the
law on eighteen centuries. At first, he chose to publish
it anonymously to avoid criticisms from the
government but later republished it crediting himself
as the author.
In this essay, he pointed out that the criminal justice
system should be reformed especially when it comes to
providing punishment to the criminals. Criminals,
though violated the law, should be given just and
appropriate punishments and their rights must be
protected also.
Jeremy Bentham (1748-1832)
Bentham devised the ultimate PANOPTICON PRISON,
a prison that allows the monitoring of the prisoners.
The guards can observe the actions of the prisoners
anytime without being noticed and it would be easier
for them to monitor many inmates despite being outnumbered.
16
Figure No. 5
Cesare Beccaria
According to Bentham, this method of surveillance would
force the inmates to behave and adjust their behavior
inside the prison.
John Howard (September 2, 1726 – January 20, 1790)
Howard was the sheriff of Bedfordshire in 1773 who
devoted his life and fortune to prison reform. Instead of
delegating the duties to his men, Howard personally
inspected the prisons in entire England and shocked to
found out the following.
1. Prisoners who were already acquitted stayed in the
prison because they could not pay the jailer’ s fee.
2. All prisoners must pay the jailer or guard.
Figure No. 7
John Howard
For this reason, he raised the issue to the Parliament
(Senate) and in 1774 the Goal Act was passed to abolish the
jailer’s fee and improve the sanitary conditions in the
prison.
Howard’s proposal to prison reform
• Prison location, plan, furnishing
• Adequate water supply
• Prisoner’s diet, physical & mental health
• Quality of prison personnel
• Rules in prison
• Abolition of the fee system
• Segregation of women, youth
The Reformatory Movement:
1. Alexander Maconochie – In 1840, he became the Superintendent of the penal colony at Norfolk
Island in Australia in 1840. This island is the location of inmates who have been punished with extreme
brutality. The “Mark System” was implemented. A scheme in which a prisoner is expected to receive
several marks based on a suitable service, labor, and study to be entitled to a ticket for leave or
conditional release, which equivalent to parole.
2. Manuel Montesimos – He is the Director of Prisons in Valencia Spain (1835) who divided the
number of prisoners into companies and named other prisoners as petty officers in charge, enabling
the inmate to prepare for gradual release through good conduct.
3. Dometic of France – He founded an agricultural colony for delinquent boys in 1839, which
supported the 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 now considered to be the best reform institution for young
offenders.
17
5. Walter Crofton – In 1854, he was the director of Irish Prison, who implemented the Irish
system that has been changed by the Mocanochie’s mark system.
6. Zebulon Brockway – The Director of the Elmira Reformatory in New York (1876) who introduced
some innovative programs such as; training school type - compulsory education of prisoners casework methods - extensive use of parole - indeterminate sentence
* The Elmira Reformatory is considered the 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 of auburn is a prison system dubbed the “Congregate System”. Prisoners are locked
up in their cells during the night and work in stores during the day. Full secrecy has been imposed.
B. The Pennsylvania Prison System
Pennsylvania was founded by William Penn and after he died the Quakers (religious group) formed
the Pennsylvania Prison System. This is also known as a Solitary system or separate system to reform
the inmates by isolating them to focus on their crimes. Prisoners are imprisoned in single cells day
and night where they stay, sleep, eat, and receive religious instructions. Complete Silence was also
enforced. They are required to read the Bible.
The system contained the following attributes:
1. The prisoner is isolated in a single cell to reflect on his crimes
2. They work alone to make goods and trade alone.
3. The focus move to retribution to rehabilitation.
LEARNING ACTIVITY 3.1
Read each question carefully and write the correct answer in the blanks. If you are
ready, you may start.
1. He is known for his Separation of Power Theory._____________________
2. Through the initiative of John Howard, this law/act was passed to abolished the
jailer’s fee? _______________________________
3. Who created the Panoptican prison? __________________________________
4. He wrote the essay “On Crimes and Punishment”._____________________
5. He is the Director of Irish Prison. ______________
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SUMMARY OF KEY CONCEPTS
▪
▪
▪
▪
▪
▪
▪
▪
▪
▪
William Penn is the first leader to prescribe imprisonment as a correctional treatment for
major offenders and responsible for the abolition of the death penalty and torture as a form
of punishment.
A prison that allows the monitoring of the prisoners is called Panopticon prison.
Jeremy Bentham devised the ultimate panopticon prison.
John Howard is the sheriff of Bedfordshire in 17
The Goal Act was passed to abolish the jailer’s fee and improve the sanitary conditions in the
prison.
Zebulon Brockway is the Director of Elmira Reformatory.
Inmates who have been punished with extreme brutality were situated to Norfolk Island.
Borstal Institution was established for young offenders.
Auburn Prison system is also known as Congregate system.
Pennsylvania Prison System is founded by William Penn. It is also known as Solitary System.
REFERENCES
•
•
•
•
•
•
•
•
Chief Supt. Mercedes A. Foronda. (2007). Correctional Administration (Institutional
Corrections). Wiseman’sBooks Trading Inc.
Manwong, Rommel K.(2008). Fundamentals of Criminology. Wiseman’sBooks Trading Inc.
https://www.cor.pa.gov/PCI/Pages/Histort.aspx
https://study.com/academy/lesson/baron-de-montesquieu-ideas-accomplishmentsfacts.html
https://www.ncsl.org/research/about-state-legislatures/separation-of-powers-anoverview.aspx
https://www.archdaily.com/937611/the-architecture-of-surveillance-the-panopticon-prison
http://en.m.wikipedia.org/wiki/John_Howard_(prison_reformer)
https://study.com/academy/lesson/auburn-vs-pennsylvaniia-priosn-systems.html
19
MODULE 4
PUNISHMENT AND PENALTY
INTRODUCTION
You always heard the words penalty and punishment but some of the students used the two words
interchangeably. Do you know the meaning of these? How about the differences? Can you also give
some examples?
In this Module, you will learn and understand the difference of punishment and penalty as well as its
type and examples.
LEARNING OUTCOMES
At the end of this module, you should be able to:
1. Define penalty and punishment
2. Discuss the ancient forms of punishment
3. Explain the classification of penalties.
What is Punishment?
Punishment is the action that the state takes against an offending member of society, typically
involving pain and suffering. It is also known as the punishment for a crime or wrongdoing levied on
an individual.
Ancient Forms of Punishment:
1. Death Penalty – is one of the major punishments during ancient times. The first death penalty
known to the world existed during the time of King Hammurabi which codified the death penalty for
twenty-five (25) offenses. The death penalty is enforced by hanging, burning, beheading, breaking at
the wheels, pillory, immersing in hot water, and other forms of medieval executions.
2. Physical Torture – the word torture derives d from the Latin word ‘tortus’ meaning to twist or
torment. (Wikipedia) And according to the Encyclopedia of Ethics as cited by Allhoff (2003) in his
journal Terrorism and Torture, torture is defined as the “deliberate infliction of violence, and through
violence, severe mental and/or physical suffering upon individuals.” This form of punishment is
usually done to obtain necessary information. Examples are maiming, mutilation, whipping, and other
inhumane or barbaric forms of inflicting pain.
3. Social Degradation – A kind of punishment wherein offenders are humiliated in public to help
them realized the weight of their actions. Examples: shaving their hair in public or branding them.
4. Banishment or Exile – the offenders will be separated from society and will be sent to far or
unknown places. They are also prohibited to enter their homeland
5. Slavery- This is a condition wherein someone is owned by another person. Those people who
belong to the poverty line are usually the ones who became what we call “slave” and are forced to do
labor without getting something in return.
20
What is Prison Discipline?
It is a continuous state of good order and conduct. It involves maintaining good standards of work,
sanitation, protection, education, personal health, and recreation.
Early Forms of Prison Discipline:
The following are forms of punishment given to the prisoners for violating the rules in prison.
1. Hard Labor – This is a form of prison discipline wherein those people who are stripped of liberty
are forced to perform physical labor as punishment for a violation or for the crime they have
committed.
Examples: agricultural work
2. Deprivation – You are deprived of everything except the essentials of existence.
3. Monotony – It offers the same food as an “off” diet or allows prisoners to follow a drab or repetitive
everyday routine.
4. Uniformity – All inmates shall be treated fairly. Special treatment has not been tolerated.
5. Mass Movement – It includes mass life in cell blocks, mass feeding, mass exercise, and mass
bathing.
6. Degradation – is the use of offensive words or languages on the part of prison personnel to
undermine or break prisoner’s faith.
7. Corporal Punishment – implements harsh discipline or uses physical force to threaten a convicted
prisoner.
8. Isolation or Solitary Confinement – also known as the “lone wolf”. This is a form of discipline where
prisoners are not permitted to have visitors, accept letters or news, and are not allowed to speak to
others.
Contemporary Forms of Punishment:
The following are forms of Punishment existing today.
1. Imprisonment – It places the convict in prison in prison to protect the public from drug crime and
at the same time to rehabilitate the inmates by forcing them to enter formal recovery services.
2. Parole is a conditional release of an inmate after completing part of his or her jail term to slowly
reintroduce him or her to free life under the direction and supervision of a parole officer.
3. Probation – a procedure whereby the prisoner is released based on conditions imposed by the
releasing court and under the control or supervision of a probation officer upon conviction of an
offense, the sentence of which does not exceed six years of imprisonment.
4. Fine – An amount is given as compensation for a criminal act.
5. Destierro – is a punishment for banishing an offender from the place where he committed a crime,
forbidding him from approaching or entering the 25-kilometer perimeter.
Purposes or Justification 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.
21
2. Expiation of 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 a lesson to the offender by showing others what will happen to
them if they violate the law. Punishment is imposed to warn potential offenders that they cannot
afford to do what the offender has done.
4. Incapacitation and Protection – the public will be protected if the offender has been held in
conditions where he cannot harm others, especially the public. Punishment is affected by placing
offenders in prison so that society will be ensured by 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 a law-abiding
citizen and productive upon his return to the community by requiring him to undergo an intensive
program of rehabilitation in prison.
PENALTY is described as the distress caused by the accused person by the State for the transgression
of the rule.
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, RPC).
3. Personal – the guilty one must be the one to be punished, no proxy.
4. Legal – the consequence must be following the law.
5. Equal – equal for all persons.
6. Certain – no one must escape its effects.
7. Correctional – changes the attitude of offenders and become law-abiding citizens.
Chapter II. CLASSIFICATION OF PENALTIES (Republic Act No. 3815)
Article 25. Penalties that may be imposed. - The penalties which may be imposed according to this
Code, and their different classes, are those included in the following:
Scale
Principal Penalties
Capital punishment:
• Death
Afflictive penalties:
• Reclusion Perpetua
• Reclusion temporal
• Perpetual or temporary absolute disqualification,
• Perpetual or temporary special disqualification,
• Prison mayor.
Correctional penalties:
• Prision correccional,
22
•
•
•
Arresto mayor
Suspension
Destierro.
Light penalties:
• Arresto Menor,
• Public censure
Penalties common to the three preceding classes:
• Fine, and
• Bond to keep the peace.
Accessory Penalties
• Perpetual or temporary absolute disqualification,
• Perpetual or temporary special disqualification,
• Suspension from public office, the right to vote and be voted for, the profession or calling.
• Civil interdiction,
• Indemnification,
• Forfeiture or confiscation of instruments and proceeds of the offense,
• Payment of costs.
Article 26. When afflictive, correctional, or light penalty. - A fine, whether imposed as a single of as
an alternative penalty, shall be considered an afflictive penalty if it exceeds 6,000 pesos; a correctional
penalty, if it does not exceed 6,000 pesos but is not less than 200 pesos; and a light penalty if it less
than 200 pesos.
Chapter III: DURATION AND EFFECTS OF PENALTIES
Section One. - Duration of Penalties
Article 27.
Reclusion Perpetua. - Any person sentenced to any of the perpetual penalties shall be
pardoned after undergoing the penalty for thirty years unless such person because of his
conduct or some other serious cause shall be considered by the Chief Executive as unworthy
of pardon.
Reclusion temporal. - The penalty of reclusion temporal shall be from twelve years and one
day to twenty years.
Prison mayor and temporary disqualification. - The duration of the penalties of prison mayor
and temporary disqualification shall be from six years and one day to twelve years, except
when the penalty of disqualification is imposed as an accessory penalty, in which case its
duration shall be that of the principal penalty.
Prison correccional, suspension, and destierro. - The duration of the penalties of prison
correccional, suspension, and destierro shall be from six months and one day to six years,
except when the suspension is imposed as an accessory penalty, in which case, its duration
shall be that of the principal penalty.
Arresto mayor. - The duration of the penalty of arresto mayor shall be from one month and
one day to six months.
23
Arresto menor. - The duration of the penalty of arresto menor shall be from one day to thirty
days.
Bond to keep the peace. - The bond to keep the peace shall be required to cover such a period
as the court may determine.
Article 28. Computation of penalties. - If the offender shall be in prison, the term of the duration of
the temporary penalties shall be computed from the day on which the judgment of conviction shall
have become final.
If the offender is not in prison, the term of the duration of the penalty consisting of deprivation of
liberty shall be computed from the day that the offender is placed at the disposal of the judicial
authorities for the enforcement of the penalty. The duration of the other penalties shall be computed
only from the day on which the defendant commences to serve his sentence.
Article 29. Period of preventive imprisonment deducted from the term of imprisonment. - Offenders
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 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 be credited in the service of his sentence with four-fifths of the
time during which he has undergone preventive imprisonment. (As amended by Republic Act
6127, June 17, 1970).
Whenever an accused has undergone preventive imprisonment for a period equal to or more
than the possible maximum imprisonment of the offense charged to which he may be
sentenced and his case is not yet terminated, he shall be released immediately without
prejudice to the continuation of the trial thereof or the proceeding on appeal, if the same is
under review. In case the maximum penalty to which the accused may be sentenced is
destierro, he shall be released after thirty (30) days of preventive imprisonment. (As amended
by E.O. No. 214, July 10, 1988).
Section Two. - Effects of the penalties according to their respective nature
Article 30. Effects of the penalties of perpetual or temporary absolute disqualification. - The penalties
of perpetual or temporary absolute disqualification for public office shall produce the following
effects:
1. The deprivation of the public offices and employments which the offender may have held even if
conferred by popular election.
2. The deprivation of the right to vote in any election for any popular office or to be elected to such
office.
3. The disqualification for the offices or public employments and the exercise of any of the rights
mentioned.
24
In case of temporary disqualification, such disqualification as is comprised in paragraphs 2 and 3 of
this article shall last during the term of the sentence.
4. The loss of all rights to retirement pay or another pension for any office formerly held.
Article 31. Effect of the penalties of perpetual or temporary special disqualification. - The penalties of
perpetual or temporal special disqualification for public office, profession, or calling shall produce the
following effects:
1. The deprivation of the office, employment, profession, or calling affected.
2. The disqualification for holding similar offices or employments either perpetually or during the term
of the sentence according to the extent of such disqualification.
Article 32. Effect of the penalties of perpetual or temporary special disqualification for the exercise of
the right of suffrage. - The perpetual or temporary special disqualification for the exercise of the right
of suffrage shall deprive the offender perpetually or during the term of the sentence, according to the
nature of the said penalty, of the right to vote in any popular election for any public office or to be
elected to such office. Moreover, the offender shall not be permitted to hold any public office during
the period of his disqualification.
Article 33. Effects of the penalties of suspension from any public office, profession or calling, or the
right of suffrage. - The suspension from public office, profession, or calling, and the exercise of the
right of suffrage shall disqualify the offender from holding such office or exercising such profession or
calling or right of suffrage during the term of the sentence.
The person suspended from holding a public office shall not hold another having similar functions
during the period of his suspension.
Article 34. Civil interdiction. - Civil interdiction shall deprive the offender during the time of his
sentence of the rights of parental authority, or guardianship, either as to the person or property of
any ward, of marital authority, of the right to manage his property and of the right to dispose of such
property by any act or any conveyance inter vivos.
Article 35. Effects of a bond to keep the peace. - It shall be the duty of any person sentenced to give
bond to keep the peace, to present two sufficient sureties who shall undertake that such person will
not commit the offense sought to be prevented and that in case such offense is committed they will
pay the amount determined by the court in the judgment, or otherwise to deposit such amount in the
office of the clerk of the court to guarantee said undertaking.
The court shall determine, according to its discretion, the period of duration of the bond.
Should the person sentenced fail to give the bond as required he shall be detained for a period which
shall in no case exceed six months, is he shall have been prosecuted for a grave or less grave felony,
and shall not exceed thirty days, if for a light felony.
Article 36. Pardon; its effect. - A pardon shall not work the restoration of the right to hold public office,
or the right of suffrage unless such rights are expressly restored by the terms of the pardon.
A pardon shall in no case exempt the culprit from the payment of the civil indemnity imposed upon
him by the sentence.
Article 37. Cost; What are included. - Costs shall include fees and indemnities in the course of the
judicial proceedings, whether they are fixed or unalterable amounts previously determined by law or
regulations in force, or amounts not subject to schedule.
25
Article 38. Pecuniary liabilities; Order of payment. - In case the property of the offender should not be
sufficient for the payment of all his pecuniary liabilities, the same shall be met in the following order:
1. The reparation of the damage caused.
2. Indemnification of consequential damages.
3. The fine.
4. The cost of the proceedings.
Article 39. Subsidiary penalty. - If the convict has no property with which to meet the fine mentioned
in paragraph 3 of the next preceding article, he shall be subject to a subsidiary personal liability at the
rate of one day for every eight pesos, subject to the following rules:
1. If the principal penalty imposed be prison correccional or arresto and fine, he shall remain
under confinement until his fine referred to in the preceding paragraph is satisfied, but his
subsidiary imprisonment shall not exceed one-third of the term of the sentence, and in no
case shall it continue for more than one year, and no fraction or part of a day shall be counted
against the prisoner.
2. When the principal penalty imposed be only a fine, the subsidiary imprisonment shall not
exceed six months, if the culprit shall have been prosecuted for a grave or less grave felony,
and shall not exceed fifteen days, if for a light felony.
3. When the principal imposed is higher than prison correccional, no subsidiary imprisonment
shall be imposed upon the culprit.
4. If the principal penalty imposed is not to be executed by confinement in a penal institution,
but such penalty is of fixed duration, the convict, during the period established in the
preceding rules, shall continue to suffer the same deprivations as those of which the principal
penalty consists.
5. The subsidiary personal liability which the convict may have suffered because of his
insolvency shall not relieve him, from the fine in case his financial circumstances should
improve. (As amended by RA 5465, April 21, 1969).
Section Three. - Penalties in which other accessory penalties are inherent
Article 40. Death; it is accessory penalties. - The death penalty, when it is not executed because of
commutation or pardon shall carry with it that of perpetual absolute disqualification and that of civil
interdiction during thirty years following the date sentence, unless such accessory penalties have
been expressly remitted in the pardon.
Article 41. Reclusion Perpetua and reclusion temporal; Their accessory penalties. - The penalties of
reclusion Perpetua and reclusion temporal shall carry with them that of civil interdiction for life or
during the period of the sentence as the case may be, and that of perpetual absolute disqualification
which the offender shall suffer even though pardoned as to the principal penalty unless the same shall
have been expressly remitted in the pardon.
Article 42. Prison mayor; Its accessory penalties. - The penalty of prison mayor shall carry with it that
of temporary absolute disqualification and that of perpetual special disqualification from the right of
26
suffrage which the offender shall suffer although pardoned as to the principal penalty unless the same
shall have been expressly remitted in the pardon.
Article 43. Prison correccional; it is accessory penalties. - The penalty of prison correccional shall carry
with it that of suspension from public office, from the right to follow a profession or calling, and that
of perpetual special disqualification from the right of suffrage, if the duration of said imprisonment
shall exceed eighteen months. The offender shall suffer the disqualification provided in the article
although pardoned as to the principal penalty unless the same shall have been expressly remitted in
the pardon.
Article 44. Arresto; It's accessory penalties. - The penalty of arresto shall carry with it that of
suspension of the right to hold office and the right of suffrage during the term of the sentence.
Article 45. Confiscation and forfeiture of the proceeds or instruments of the crime. - Every penalty
imposed for the commission of a felony shall carry with it the forfeiture of the proceeds of the crime
and the instruments or tools with which it was committed.
Such proceeds and instruments or tools shall be confiscated and forfeited in favor of the Government
unless they are property of a third person not liable for the offense, but those articles which are not
subject of lawful commerce shall be destroyed.
LEARNING ACTIVITY 4.1
ESSAY:
1. Based on the discussion, differentiate punishment from penalty and give examples.
2. Is death penalty necessary?
27
SUMMARY OF KEY CONCEPTS
▪
▪
▪
▪
▪
▪
▪
▪
▪
▪
▪
▪
Torture derived from the latin word Latin word ‘tortus’ meaning to twist or torment
Retribution, Expiation or atonement, deterrence, incapacitation or protection.
Death Penalty is a Capital punishment
Reclusion Perpetua -a term of 20-40 years imprisonment (life imprisonment)
Reclusion Temporal – 12 years and 1 day to 20 years imprisonment
Temporary Disqualification-6 years and 1 day to 12 years
Prison Mayor – 6 years and 1 day to 12 years
Prison Correctional – 6 months and 1 day to 6 years
Arresto Mayor – 1 month and 1 day to 6 months
Suspension- 6 years and 1 day to 12 years
Destierro- 6 years and 1 day to 12 years
Arresto Menor – 1 day to 30 days
REFERENCES
•
•
•
•
https://deathpenaltyinfo.org/facts-and-research/history-of-the-death-penalty/early-historyof-the-death-penalty
Chief Supt. Mercedes A. Foronda. (2007). Correctional Administration (Institutional
Corrections). Wiseman’s Books Trading Inc.
Manwong, Rommel K.(2008). Fundamentals of Criminology. Wiseman’sBooks Trading Inc
https://www.officialgazette.gov.ph/1930/12/08/act-no-3815-s-1930/ (Republic Act No.
3815)
28
MODULE 5
INMATES: PRISONERS & DETAINEES
INTRODUCTION
Generally, a person who is confined to an institution, such as jail or prison, is called an inmate. But did
you know that there are different types of inmates depending on the status of their cases, the years
they served in prison, and the security risk? These will all be discussed in this module. Are you ready
to learn?
LEARNING OUTCOMES
At the end of this module, you should be able to:
1. Identify the types of inmates
2. Explain the different types of prisoners and detainees.
3. Discuss the types of inmates classifies according to security.
According to the BJMP Comprehensive Operation Manual of 2015 (section 16), there are two (2)
general categories of inmates and these are the following.
1. Prisoner refers to the type of inmates who are convicted by the final judgment and already
deprived of liberty.
2. A detainee is an inmate who is undergoing investigation/trial or awaiting final judgment.
CLASSIFICATION OF PRISONERS (Section 17, BJMP Comprehensive Manual of 2015)
The prisoner is classified also into four (4) main classes.
1. Insular Prisoner - one who is sentenced to a prison term of three (3) years and one (1)
day to reclusion Perpetua or life imprisonment
2. Provincial Prisoner - one who is sentenced to a prison term of six (6) months and one (1)
day to three (3) years;
3. City Prisoner - one who is sentenced to a prison term of one (1) day to three (3) years;
4. Municipal Prisoner - one who is sentenced to a prison term of one (1) day to six (6)
months.
CLASSIFICATION OF DETAINEES (Section 18, BJMP Manual)
The three (3) classes of detainees are those:
a. Undergoing investigation
b. Awaiting or undergoing trial
c. Awaiting final judgment.
INMATES SECURITY CLASSIFICATION -The following are the classifications of inmates according to
security risk each may pose: (Section 19, BJMP Manual)
1. High Profile Inmate - those who require increased security based on intense media coverage
or public concern as a result of their offense such as but not limited to those who have been
involved in a highly controversial or sensationalized crime or those who became prominent
for being a politician, government official, multi-million entrepreneur, religious or causeoriented group leader and movie or television personality.
29
2. High-Risk Inmates - 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 training or those whose life is in danger or under imminent threat.
3. 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.
4. 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.
5. Subversive Group - a group of persons that adopts or advocates subversive principles or
policies tending to overthrow or undermine an established government.
6. Terrorist Group - a group of persons that commits any of the following: piracy and mutiny in
the high seas or the Philippine waters, rebellion or insurrection, coup d’état, murder,
kidnapping and serious illegal detention, crimes involving destruction, arson, hijacking,
violation of laws on toxic substances and hazardous and nuclear waste control, violations of
atomic energy regulations, anti-piracy and antihighway robbery, illegal and unlawful
possession, manufacture, dealing in, acquisition or disposition of firearms, ammunition or
explosives.
7. Violent Extremist Offender (VEO) - a person whose political or religious ideologies are
considered far outside the mainstream attitudes of the society or who violates common moral
standards and who has adopted increasingly extreme ideals and aspirations resorting to the
employment of violence in the furtherance of his/her beliefs.
8. 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.
9. 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,
Classification of Prisoners According to Degree of Security: (Prison Facilities)
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 the uniform.
2. Maximum Security Prisoners
The group of prisoners whose escape could be dangerous to the public or the security of the state. It
consists of constant troublemakers but not as dangerous as the super maximum-security prisoners.
30
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 the orange color of the uniform. Prisoners include 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 a 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 consists of groups of prisoners who may be 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 the 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 sentences 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.
LEARNING ACTIVITY 4.1
Read each question carefully and write the correct answer in the blanks. If you are ready, you may
start.
▪
Type of prisoners that wear blue uniforms. ________________________
▪
▪
Prisoner who is sentenced to a prison term of one (1) day to six (6) months. ____________
A type of inmate who is under investigation or awaiting trial. ________________
▪
A group of prisoners known as “trustees””._____________________
▪
What do you call a group of prisoners who committed piracy and rebellion?______________
REFERENCES
•
•
•
BJMP Comprehensive Manual of 2015
Chief Supt. Mercedes A. Foronda. (2007). Correctional Administration (Institutional
Corrections). Wiseman’sBooks Trading Inc.
Manwong, Rommel K.(2008). Fundamentals of Criminology. Wiseman’sBooks Trading Inc
31
MODULE 6
JAIL AND PRISON
INTRODUCTION
This module will give you an overview about the types of jails and prison. This also includes the
different prison facilities in the Philippines.
LEARNING OUTCOMES
At the end of this module, you should be able to:
1. Define jail and prison
2. Discuss the types of jail and prison.
What is Prison?
It is a building, usually with cells, or other places established to take safe custody or confinement of
criminals. It is also a place of confinement for those charged with or convicted of offenses against the
laws of the land.
WHAT IS JAIL?
As stated in the BJMP Comprehensive Manual of 2015, jail is defined as a place of confinement for the
city and municipal detainees/prisoners, any fugitive from justice, or persons detained awaiting or
under investigation or trial and/or pending transfer to the National Penitentiary, and/or violent,
mentally ill persons who endanger themselves or the safety of others, duly certified as such by the
Principal. The jail warden is the person in charge of the overall operational and administrative control
of the prison.
Who is confined in Jails?
Those who cannot post bail either because they cannot afford the required bond of the services of a
bail bondsman or who have been denied bail by the courts while waiting for their trial.
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 – The type of prison commonly used for detaining a convicted offender who is
sentenced to less than three years is ordinary jails.
3. Workhouses, Jail Farms, or Camp – an institution that houses minimum custody offenders with
short sentences or constructive work programs. It provides the full employment of prisoners, remedial
services, and constructive leisure activities.
Provincial Jails Provincial Jail is a facility or a place of confinement for inmates who are sentenced
with imprisonment from six (6) months and (1) one to three (3) year imprisonment as defined in
Section 12 of BJMP Manual 2015. This is not under the jurisdiction of the Bureau of Corrections. They
are managed and controlled by the provincial government. Provincial jails are headed by Provincial
Jail Administrator tasked to implement jail services to all district, city and municipal jails within its
territorial jurisdiction.
32
Prison Facilities
A. New Bilibid Prison
The anticipated increase in the prison population led the government to prepare and develop a new
prison site. Manila 's urbanization pushed the idea to transfer the Old Bilibid Prison to a new location,
which was then considered distant from and on the outskirts of the city. The Commonwealth Act No.
67, which appropriates a million pesos to build a new National Penitentiary in Muntinlupa, has been
enacted accordingly. On 15 November 1940 everyone was transferred to the new site from the Old
Bilibid Prison in Manila. (BuCor Official Website)
More information:
•
•
•
Originally was in Manila before it was transferred to Muntinlupa City in 1935
Officially named the New Bilibid Prison on 22 January 1941
Has three security facilities/camp:
✓ MAXIMUM SECURITY- for those sentences is twenty years and above
✓ MEDIUM SECURITY- also called Camp Sampaguita; for those whose sentence
is less than twenty years
✓ MINIMUM SECURITY- also called Camp Bukang Liwayway; for those who are
physically handicapped, sixty-five (65) years old and above, and those who
have only six (6) months remaining in their sentence
B. Correctional Institution for Women
The male prisoners were locked up in dormitories near the women's quarters. As a result of these
arrangements, the activities of the female prisoners were limited to embroidery. If they got sick, the
women were confined to a separate building that acted as a jail with nurses and prison doctors. If
women prisoners needed surgery, they were sent to the Bilibid Prison. (BuCor Official Website)
Amid a series of talks led by the Prison Director Ramon Victorio, the Philippine
Legislature passed Republic Act No. 3579 in November 1929. It authorized the transfer of all female
prisoners to a building in Welfareville, Mandaluyong, Rizal, and appropriated P60,000 for the move.
On February 14, 1931, the women inmates were moved from the Old Bilibid Prison to a building
specially built for them. The former name, "Women's Prison," has been changed to "Correctional
Institution for Women."
More information:
•
•
•
•
Created by Act No. 3579 enacted in November 1931
Located at Welfareville, Mandaluyong city
Established to accommodate female prisoners
The female prisoners from the Old Bilibid Prison were transferred to CIW on 14 February 1931
C. Davao Prison and Penal farms
The Davao Penal Colony is the first criminal settlement under Filipino administration to be established
and organized. The city, which originally had an area of approximately 30,000 hectares in the districts
of Panabo and Tagum, Davao del Norte, was officially established on 21 January 1932 under Act No.
3732. This Act authorized the Governor-General in San Ramón Prison and Iwahig Penal Colony to
rental or sell land, buildings, and improvements. It also allowed the Justice Secretary to set up a new
prison and penal colony in an appropriate public territory. There has been a budget of P500,000.
Several committees have been established to select a suitable site. Governor Dwight Davis signed, in
33
compliance with the recommendations of these commissions, Proclamation No. 414 in the province
of Davao in Mindanao on 7 October 1931. The site provided perfect conditions for farming.
More information:
•
•
•
•
The Davao Penal colony was converted into a concentration camp during World War II.
The Imperial Forces invaded Davao on December 20, 1941, and the city became one of the
institutions under the command of the occupying armed forces. The entire town was plunged
into chaos and a substantial number of prisoners escaped.
The colony and its properties were returned to the Japanese government by a delegate of the
Prison Director on November 8, 1942.
The remaining colony workers, their families, and the prisoners moved to Iwahig where the
Davao Colony in the Subcolony of Inagawan (Palawan) was established. The organization,
under Memorandum Order No 60 of 28 June 1943, was approved for the colony in exile and
signed by the Director of Prisons.
D. Iwahig Prison and Penal Farm
On 16 November 1904, the Iwahig Prison and Criminal Farm were built in the province of Palawan,
where prisoners sentenced to banishment were exiled. The Iwahig facility was set up for the
Philippines fighting the American effort to colonize the Philippines. The creation of the Penal Colony
originally 22 acres, was authorized by Governor Luke Wright. In comparison to other jails and other
facilities, the minimum-security inmates of Iwahig are not locked up behind bars. Strict supervision
refers only to prisoners identified as prisoners of medium or maximum health.
More information:
• Established on November 16, 1904, in Puerto Princesa City, Palawan
• Originally served as a depository for prisoners who could not be accommodated at the Old
Bilibid Prison in Manila
• Classified as a penal institution in 1907 by Act No. 1723
• Supt. Lt. George Wolfe- a member of US expeditionary force, who later became the first
prison's director
E. San Ramon Prison and Penal Farm
On August 21, 1870, a Royal Decree was issued in 1869 established the San Ramon Prison in Southern
Zamboanga. The jail was set up for those accused of political crime, during the term of GovernorGeneral Ramon Blanco (the patron of whom the prison was named). This is considered to be the
country's oldest prison facility. Agricultural work had to be performed by inmates in San Ramon.
More information:
•
•
•
•
•
Was established in Southern Zamboanga on 21 August 1869
Was established during the tenure of Governor-General Ramon Blanco, whose patrol saint the
prison is named after
Was established originally for persons convicted of political crimes
Considered the oldest penal facility in the Philippines
1912-Gen. John Pershing (chief executive of the Dept. of Mindanao & Sulu)
34
F. Sablayan Prison and penal farm
The Sablayan Penal Colony is new and situated in Western Mindoro. The penal settlement, which was
established on Sept. 26, 1954, under the Presidential Proclamation No. 72, has approximately 16.190
hectares of total land. Documents from prisons suggest that Sablayan had its first colonists and
workers on 15 January 1955. Sablayan prison is an institution for decongesting inmates from NBP. It
follows the same standards of the colony as other criminal farms.
More information:
•
•
•
•
•
Was established in Southern Zamboanga on 21 August 1869
Was established during the tenure of Governor-General Ramon Blanco, whose patrol saint
the prison is named after
Was established originally for persons convicted of political crimes
Considered the oldest penal facility in the Philippines
1912-Gen. John Pershing (chief executive of the Dept. of Mindanao & Sulu)
G. Leyte Regional Prison
A year after the declaration of martial law in 1972, the Leyte Regional Prison located in Abuyog South
Leyte was founded under Presidential Decree No. 28.
More information:
•
•
•
January 1973 by Presidential Decree No. 28
Situated in Abuyog, Southern Leyte
Admits convicted offenders from Region 6 and the National Penitentiary in Muntinlupa
REFERENCE
www.pnp.gov.ph
BJMP Comprehensive Manual of 2015
Chief Supt. Mercedes A. Foronda. (2007). Correctional Administration (Institutional
Corrections). Wiseman’sBooks Trading Inc.
Manwong, Rommel K.(2008). Fundamentals of Criminology. Wiseman’sBooks Trading Inc
35
LEARNING ACTIVITY 6.1
NAME OF PRISON
FACILITIES
PLACE
IMPORTANT FACTS
1.
2.
3.
4.
5.
6.
7.
36
MODULE 7
CORRECTIONAL SYSTEM IN THE PHILIPPINES
INTRODUCTION
In this module, you will learn more about Bureau of Correction and Bureau of Jail Management and
Penology. These two agencies are both responsible for rehabilitation and reformation of offenders.
LEARNING OUTCOMES
At the end of this module, you should be able to:
1. Define the terminologies related to correction.
2. Compare the different correctional facilities.
3. Describe the institutional correction in the Philippines and state their differences in terms of
rehabilitation.
Bureau of Correction (BuCor)
The Bureau of Correction was formally known as the Bureau of Prisons. It was renamed under
Executive Order 292 passed during the presidency of Aquino. It states that the head of the Bureau is
the Director of Prisons appointed by the President of the Philippines with the approval of the
appointment of the board.
The Bureau of Corrections has general supervision and control of all national prisons or penitentiaries.
It shall be entrusted with the custody of all Insular Prisoners who are held in or under the jurisdiction
of the bureau.
BuCor Logo
The eleven (11) bay leaves, which represent a decade per leaf, refer to the accomplishments and
innovations of BUCOR since its creation. This also marks the 112th anniversary of BUCOR, when the
first-ever reform legislation was put in effect. The man-figure represents the Individual Deprived of
Liberty (PDL), who has undergone protection and successful recovery services (green context prison
railings) through substantive justice (justice symbol), is about to be released from jail facing the EAST
where the sun rises, representing a free society and symbolizing new hope. The seven rays of the sun
further symbolized the seven (7) Operating Prison and Penal Farms of BUCOR. (BuCor official website)
REFORMATION PROGRAM
A. Work and Livelihood
The inmate work program aims at keeping the inmates occupied and supplying them with funds for
their expenses and their families, as well as encouraging them to learn life skills so that they can
become successful citizens once they are released and assimilated back into society's mainstream.
Various jail and penal farms provide inmate institutional work programs. At the Davao Penal Colony,
prisoners serve on the Tagum Development Company's (TADECO) banana plantations, which have a
joint venture arrangement with the Bureau. Likewise, inmates cultivate and till the vast tracts of land
at the Iwahig Penal Colony to generate various agricultural products, thereby generating income for
the Bureau. Also, the Sablayan Prison and Penal Farm offers livestock and aquaculture services for
prisoners. (BuCor official website)
37
To this end, the Bureau under the current Director encouraged agricultural and industrial production
by providing farming tools, tractors, fertilizers, and other inputs to support this rehabilitation area for
prisoners. (BuCor official website)
B. Healthcare Services
The medical history of the inmate is recorded and properly documented by the Medical Specialist
upon his initial commitment to the Reception and Diagnosis Center (RDC). To ascertain his overall
physical/mental fitness and whether he would be fit for work, medical information and mental status
exams are given. This is part of the diagnostic process which will ultimately determine the most
suitable rehabilitation program for the inmate. (BuCor official website)
Prisoners' main medical care is provided through a New Bilibid Prisons 500-bed capacity hospital and
six (6) other mini-hospitals or clinics in the six (6) other prisons and penal farms. All correctional
facilities have a full and competent medical practitioner staff responsible for clinics, infirmaries, and
hospitals. These centers are capable of minor surgical, laboratory, radiology, psychiatric,
rehabilitation, and dental treatment operations. (BuCor official website)
C. Sports and Recreation
Inmates take part in daily calisthenics when they get to sunrise. Throughout the years, they offered
various sports indoors and outdoors, including basketball, volleyball, pool, table tennis, and chess.
These sports competitions encourage comradeship, good sporting skill, and team-building between
prisoners. (BuCor official website)
D. Moral and Spiritual Program
Inmates enjoy religious freedom. The practices of their religion are openly observed by the prison
authorities with orderly behavior. In every prison and penal farm, a religious counseling counselor or
chaplain is appointed. For daily spiritual practice, the prison chaplain sets the stage. He is an
administrative officer who oversees the chapel service. He is not only a spiritual figure but a
psychologist and adviser. (BuCor official website)
E. Education and Skills Training
The Prison curriculum is intended to train prisoners with basic reading, writing, and mathematical
skills. In most correctional facilities, vocational programs are integrated into work assignments and
serve as on-the-job training. The objective is to provide prisoners with skills that will improve their
eligibility for work once they are released. (BuCor official website)
F. Therapeutic Community
The therapeutic community 's primary aim is to encourage personal development. This is done by
reforming one's actions and behaviors in a group of prisoners that works together to support one
another, rebuilding self-assurance, and training them as active members of the society for their
reintegration into family and friends. (BuCor official website)
38
Bureau of Jail Management of Penology (BJMP)
RULE I GENERAL PROVISIONS
MANDATE
The Bureau of Jail Management and Penology was created on January 2, 1991, according to Republic
Act 6975, replacing its forerunner, the Jail Management and Penology Service of the defunct
Philippine Constabulary-Integrated National Police. The BJMP exercises administrative and
operational jurisdiction overall district, city, and municipal jails. It is a line bureau of the Department
of the Interior and Local Government (DILG). (Section 1, BJMP Comprehensive Manual of 2015.)
VISION
The BJMP envisions itself as a dynamic institution highly regarded for its sustained humane
safekeeping and development of inmates. (Section 2, BJMP Comprehensive Manual of 2015.)
MISSION
The Bureau aims to enhance public safety by providing humane safekeeping and development of
inmates in all district, city, and municipal jails. (Section 3, BJMP Comprehensive Manual of 2015.)
POWERS
The BJMP exercises supervision and control over all district, city, and municipal jails. As such, it shall
ensure the establishment of secure, clean, adequately equipped sanitary facilities; and ensure the
provision of quality services for the custody, safekeeping, rehabilitation and development of the
district, city and municipal inmates, any fugitive from justice, or person detained awaiting or
undergoing investigation or trial and/or transfer to the National Penitentiary, and/or violent mentally
ill person who endangers him/herself or the safety of others as certified by the proper medical or
health officer, pending transfer to a mental institution. (Section 4, BJMP Comprehensive Manual of
2015.)
DEFINITION OF TERMS (Section 12) - As used in this Manual, the following terms are defined:
•
•
•
•
•
•
•
Alcoholics - those inmates who suffer from alcoholism or those engaged in the improper
compulsive intake of alcohol which may result in physical, social, and behavioral problems.
Bisexual - are those inmates who have a sexual attraction or sexual behavior toward both
males and females and may also encompass sexual attraction to people of any gender identity
or to a person irrespective of that person’s biological sex or gender.
Carpeta - otherwise known as “inmate record or jacket”, contains the personal and criminal
records of inmates, documents related to his/her incarceration such as but not limited to
commitment order, subpoenas, personal identification, orders from the court, and all other
papers necessarily connected with the detention of an inmate.
Child or Children in Conflict with the Law (CICL), also known as “Youth Offender” - a person
under eighteen (18) years old who is alleged as, accused of or adjudged as having committed
an offense under the Philippine laws. Chief
Custodial Officer - is the person-in-charge in the overall supervision of all custodial functions.
City Jail - is a facility or a place of confinement for those inmates who are sentenced with a
penalty from (1) one day to three (3) year imprisonment.
Clustering of Jails - the designation of a municipal or city Jail as a facility for one or more
adjacent municipalities to maximize the utilization of personnel and other resources. The
39
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•
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“host” city or municipality is named as a district to accommodate inmates from the
municipalities clustered to it.
Commitment Order - a written order of the court, or any other agency authorized by law to
issue, entrusting an inmate to jail for safekeeping during the pendency of his/her case.
Contraband - any article, item, or thing prohibited by law and/or forbidden by jail rules that
would pose as security hazards or endanger the lives of inmates.
Conjugal Visitation – refers to the visit by the wife for a short period, usually an hour, more
or less, to her incarcerated husband during which they are allowed privacy and are generally
understood to have sexual contact.
Detainee - a person who is accused before a court or competent authority and is temporarily
confined in jail while undergoing or awaiting investigation, trial, or final judgment.
District Jail - is a facility or a place of confinement for inmates coming from a city or clustered
municipalities who are waiting or undergoing trial or serving sentence of one (1) day to three
(3) years.
Drug Dependents - are those inmates who have a psychological craving for habituation to and
abuse of or physiologic reliance on a chemical/drug substance.
Drug Users - are those inmates who take substances/drugs that can alter their body and mind
works.
Escape-Prone Inmates - are inmates who are likely and have the tendency to escape from the
jail facility.
Gay - is a male homosexual inmate, who experiences romantic love or sexual attraction to
fellow male inmates.
Infirmed Inmates - are those inmates who are physically or mentally weak for a prolonged
period specifically caused by age or illness. Inmate - is the generic term used to refer to a
detainee or prisoner. Inmates with
Disability - are those inmates who have an impairment that may be physical, cognitive,
mental, sensory, emotional, developmental, or some combination of these.
Inmates with Other Nationalities - are those inmates who are foreign nationals.
The instrument of Restraint - a device, contrivance, tool, or instrument used to hold back,
keep in, check or control inmates; e.g., handcuffs.
Jail Aide – is an inmate who requires less supervision than other inmates. Although he/she
may be assigned special tasks, he/she has no special privileges and is not allowed to work
alone nor exercise any authority over other inmates.
Jail Incident -any untoward or uncommon actions, events, or conditions such as jailbreak, riot,
noise barrage, stabbing or assault upon the personnel that occurs in jail and perpetrated by
any person, which may or may not have followed or depended upon another action of a grave
or serious consequences such as escape, injury, death, fire, flood, earthquake, or other
calamities which affects the jail.
Jailbreak - the escape from jail by more than two (2) inmates by the use of force, threat,
violence or deceit or by breaching security barriers such as by scaling the perimeter fence, by
tunneling and/or by other similar means or by burning or destructing of the facility or a
portion of the facility with or without the aid of jail officer or any other person.
Jail escape - it is an act of leaving from jail of an inmate through unofficial and illegal ways or
without any legal order from the authorities.
Reformation - means amending or improving by changing inmate's behavior or removing his
or her faults or abuse and removing or correcting an abuse a wrong or error.
Regional Director - refers to the official duly designated to head the BJMP Regional Office, to
oversee the implementation of jail services within his/her jurisdiction covering provincial jail
40
•
•
•
•
•
administrator’s offices, district, city and municipal jails, and to ensure the enforcement of laws
and regulations related to the functions his or her office as mandated of him or her.
Regional Office- means an office, which has administrative and operational control over its
provincial jail administrator’s offices, district, city, and municipal jails. Rehabilitation - a
program of activity directed to restore an inmate’s self-respect and sense of responsibility to
the community, thereby making him/her a law-abiding citizen after serving his/her sentence.
Safekeeping - refers to the temporary custody of a person for his/her protection from the
community he or she comes from, and for the community, he or she comes from. Senior
Citizens Inmates - are those inmates who have reached sixty years old, or those who have
retired from work, and those who generally belong to the "old age" bracket.
Sex Offenders - are those inmates who committed crimes involving sex, including rape,
molestation, pedophilia, sexual harassment, and pornography production or distributions.
Sexual Deviates - inmates who have a type of mental disorder characterized by a preference
for or obsession with unusual sexual practices, like pedophilia, sadomasochism, or
exhibitionism or inmates whose sexual practices are socially prohibited.
Suicidal Inmates - are those inmates who tend to commit suicide or to harm themselves.
Transgender - are those inmates whose gender identity or gender expression does not match
with their innate sexual identity. Transfer -the delivery, notwithstanding his/her or their
appeal, of an inmate or inmates sentenced to more than three (3) year imprisonment, from
any BJMP manned jail to any of the Bureau of Corrections (BuCor)
What are the requirements for a commitment?
No person shall be committed to any jail facility without the following required documents. (Section
20, BJMP Manual 2015)
•
•
•
•
•
Commitment Order
Medical Certificate - The recent medical certificate has taken within 24 hours before
admission
Complaint/Information
Police Booking Sheet
Certificate of Detention from PNP and/or NBI.
REFERENCES
•
•
•
BJMP Comprehensive Manual of 2015
Chief Supt. Mercedes A. Foronda. (2007). Correctional Administration (Institutional
Corrections). Wiseman’sBooks Trading Inc.
Manwong, Rommel K.(2008). Fundamentals of Criminology. Wiseman’sBooks Trading Inc
41
LEARNING ACTIVITY 8.1
ESSAY:
1. What are the impacts of Correctional programs to the lives of te inmates?
Explain
2. What are the main functions of BuCor?
42
MODULE 8
RECEPTION PROCEDURES AND CLASSIFICATIONS
INTRODUCTION
When a prisoner arrives in prison the reception process is required. It is achieved by the collection of
vital information from the inmates and a series of examinations followed. Let's go through the
discussion to learn more about it.
LEARNING OUTCOMES
At the end of this module, you should be able to:
1. Discuss the process of reception and classification of inmates.
RECEPTION PROCEDURES
A decent and humane program of confinement starts with a systematic reception of inmates for
commitment to the BJMP’s jail facilities. The following procedures should, therefore, be observed:
(Section 21, BJMP Manual 2015)
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. The documents mentioned earlier refer to the:
• Commitment Order
• Medical Certificate – recent medical certificate has taken within 24 hours before admission;
Complaint/Information
• Police Booking Sheet
• Certificate of Detention from PNP and/or NBI.
Additionally, the "gater" shall subject the person to be committed and his/her escorts for search and
inspection as prescribed. Finally, he or she (gater) refers to the person to be committed and his or her
escorts to the Records Unit.
B. Records Unit
This unit examines the completeness and authenticity of the requirements for Commitment
(Commitment Order, Booking Sheet, Arrest Report and Information) before it refers to the inmate for
physical examination by the Health Unit
.
C. Health Unit
1. Checks the authenticity of the entries in the medical certificate; conducts a 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 the medical examination or those injuries not diagnosed before commitment in jail. An inmate is
required to undress while undergoing a medical examination. Take note:
A female inmate shall be examined by female health personnel. A male inmate may be examined by
either male or female health personnel.
43
2. In case of any discrepancy found during physical examination but the same discrepancy is not
indicated in the medical certificate, the committing officer shall be required to secure another medical
certificate of the inmate. The commitment of an inmate shall be held in abeyance pending the
submission of a new medical certificate with findings congruent to the medical findings of the jail
physician/nurse. The reason for the deferment of commitment shall be recorded in the jail blotter. In
case the committing officer fails to return the inmate to jail within twenty-four (24) hours, the reasons
for the deferment of commitment and the grounds thereof shall be reported immediately to the court
that issued the commitment order.
3. In the absence of a jail nurse/medical personnel, the receiving officer shall refer the person to be
committed to the nearest government health facility for medical evaluation (check the medical
certificate and observe the mental alertness, physical abnormalities and the overall appearance of the
inmates); and
4. If no discrepancy is found during a physical examination, the inmate shall be referred back to the
Records Unit.
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 birthmarks, tattoos, etc.
c. Encode the inmate's information to the NIMS
d. Fingerprint and photograph the inmate with mug shot background 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; (Refer to ANNEX “A”)
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.
E. Property Custodian
1. Checks the inmate’s belongings for the presence of contraband. The Discovery of any contraband
shall be treated by existing policies.
2. Takes all cash and other personal properties from the inmate lists them down on a receipt form
with duplicate, duly signed by him/her, and countersigned by the inmate. The original receipt should
be given to the inmate and the duplicate be kept by the Property Custodian.
3. Keeps all cash and other valuables of the inmate in a safety vault. Said cash and valuables may be
turned over to any person authorized by the inmate.
4. Refers to the inmate to the desk officer.
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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.
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 an 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 to speed up the disposition of the case. For this purpose, the sharing of nonconfidential information with the concerned agencies is encouraged.
The following agencies/persons shall be notified by the warden upon the commitment of the inmate:
1. Presiding Judge - (monthly submission of list of committed inmates to the presiding judge is
mandatory)
2. Executive Judge/ Clerk of court - (monthly submission of committed inmates is mandatory)
3. PNP - mandatory
4. NBI - mandatory
5. Family - mandatory
6. PAO lawyer - in case of the indigent inmate
7. IBP legal aide - in case of indigent inmate and unavailability of PAO lawyer 8. Private lawyer - upon
request
9. The priest or religious minister - upon request
10. Private physician - upon request
11. Commission on Human Rights - as needed/to submit a list of committed inmates monthly
12. Public physician - as needed
13. Psychologist/ Psychiatrist - as needed
14. Embassy - mandatory in case of foreign national/alien
15. DSWD - mandatory in case of CICL
16. Court/ Other branches - in case of multiple cases
CLASSIFICATION PROCESS (Section 24 BJMP Manual 2015)
a. Admission of Inmate
Once the inmate has undergone the registration process; he/she will be temporarily housed at the
Inmate Classification and Counseling Unit (ICCU) in jails where it is available. The inmate shall stay at
the ICCU for a minimum period of thirty (30) days but not exceeding sixty (60) days or until the
completion of the classification process. At the ICCU, the newly committed inmate will undergo an
assessment by the different health professionals.
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,
45
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 with 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.
e. Psychological Examination
The jail psychologist-in-charge shall conduct a psychological examination to determine the inmate’s
psychological state at the time of examination. Results will be recorded in the psychologist’s logbook
or the health assessment card/have and shall bear the signature of the psychologist who conducted
the examination.
f. Social Case Study
The jail social worker at the ICCU shall conduct an 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 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.
The inmate shall undergo psychiatric evaluation under the following conditions:
1. The jail psychologist refers to the inmate for further evaluation
2. The court orders the psychological/psychiatric evaluation of the inmate
3. The inmate was/is manifesting behavioral oddities
4. The inmate discloses or admits upon inquiry by the admitting health staff that he/she had previous
psychiatric consultation or had undergone psychiatric treatment
5. The inmate discloses or admits upon inquiry by the admitting health staff that he/she had attempted
to commit or had committed suicide or that he or she has noticeable body marks or scars indicating a
history of suicidal behavior
6. The inmate discloses or admits that he or she has a history of recent torture, or he or she has been
a victim of physical abuse or domestic violence
7. The inmate discloses upon inquiry by the health staff that he/she has recently ingested/abused illicit
substances or that he or she is an alcohol or other illicit substance dependent
8. The disciplinary board referred the inmate for further evaluation and management
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9. The inmate is a recidivist for heinous crimes or was charged with a sexual offense or was considered
as a violent sex offender
The working diagnosis will be recorded at the inmate’s health assessment card and the details of the
examination will be written in the psychiatrist’s logbook provided by the jail health unit. Every
examination result shall bear the signature of the examining psychiatrist.
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.
m. The newly committed inmate is encouraged to participate in the recommended development
programs.
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 the inmate's development program/s depending on his or her behavioral progress.
REFERENCE
• BJMP Comprehensive Manual 2015 Edition
47
LEARNING ACTIVITY 8.1
ESSAY:
1. Based on the discussion, differentiate punishment from penalty and give
examples.
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MODULE 9
CORRECTIONAL PROCESS
INTRODUCTION
Prison management and penology include the humane health and rehabilitation of inmates.
inmates. Effective custody ensures that prisoners are secured and properly escorted in all
areas of the detention facilities during their hearings and other authorized / lawful locations.
The emphasis of this rule is on effective security maintenance.
LEARNING OUTCOMES
At the end of this module, you should be able to:
1. Discuss the rules and regulations imposed inside the jail.
CUSTODY, SECURITY, AND CONTROL (Section 35, BJMP Manual 2015)
1. Each jail shall, as much as practicable, maintain the following minimum standards
about the security of the facility:
2. An established security perimeter. In every jail, there shall be a defined, controlled
security perimeter
3. A secured office for personnel
4. A secured visiting area for inmates’ visitors
5. A secured multi-purpose area for inmates’ activities and an area for livelihood
activities
6. Armory and storage lockers for inmates’ valuable items and other equipment
7. Operational closed-circuit televisions (CCTV) strategically mounted to monitor jail
premises and all activities therein
8. A two-way communication system to be used by the officer of the day, supervisor, desk
officer, and other personnel on duty
9. Equipment is necessary to sustain the operability of utilities, communications, security,
and fire protection equipment at all times.
1. To ensure that minimum standards in security and control are maintained, the
following policies, guidelines, and procedures shall be strictly implemented in all jail
facilities:
2. Each newly admitted inmate shall be thoroughly searched for weapons and other
contraband immediately upon arrival in the facility
3. All inmates must be searched thoroughly by the duty personnel whenever they enter
or leave the security areas
4. 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
5. Maintain an updated written emergency operations plan such as but not limited to
natural and man-made calamities and other jail disturbances. These plans must be
made known to and understood by jail personnel through
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6. Maintain a journal of activities, emergencies, and unusual incidents
7. 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
8. There shall be one (1) full set of duplicate keys, secured in a place accessible only to
jail personnel for use in the event of an emergency. These keys shall be marked for
easy identification during adverse conditions
9. Continuous inspection and maintenance of all locks. Replace locks as often as possible
and never allow inmates to install locking system in the cell gates and to possess their
padlock for purposes of locking themselves in their cells that will cause delay for
personnel conducting regular cell search and inspection
10. Maintain strict control of firearms such as, but not limited, to the following:
11. Never allow any person with firearms on areas of inmates and/or in any area intended
for inmates’ activities
12. Never allow inmates in the workplace of personnel or in areas where firearms are
authorized
13. Secure firearms and anti-riot equipment in the armory located within easy reach of jail
personnel in case of emergencies but not accessible to inmates.
14. All firearms, ammunition, chemical agents, related security and emergency equipment
must be inventoried and tested at least quarterly to determine their condition and
expiration dates, as the case may be. This shall include regular inspection of fire
extinguishers and other detection and suppression systems available
15. All tools, toxic, corrosive, and flammable substances and other potentially dangerous
supplies and equipment shall be stored in a locked area that is secure and located
outside the inmate’s area. Tools, supplies, and equipment which are particularly
hazardous shall be used by inmates only under the direct supervision
16. Conduct daily inspections of all security facilities (i.e. closed-circuit televisions, ceilings,
window grills, iron bars, etc.) and document all findings. Any tampering or defects
detected must be reported in writing to proper authority for immediate action
17. Regular conduct of "guard mounting" for all "incoming duty" of the Custodial Unit and
for the members of Escort Unit before they assumed a duty to remind and update them
of the policies/guidelines about security and control
18. Conduct regular count of inmates at least five to six (5-6) times within 24 hours and
strictly implement the established procedures in counting inmates (See Section 35).
Personnel conducting the count shall record the result
19. Prohibit inmate’s visitor to stay inside jail premises beyond authorized visiting period
regardless of any reasons; (Refer to ANNEX “B”)
20. Inmates shall always be supervised whenever they are outside their cells; 17. Never
allow any person under the influence of intoxicating beverage to enter the jail facility
or to perform an official duty
21. Carefully select the inmates to be utilized as jail aide and maintain rigid control over
their activities. Never allow an inmate to be utilized for any janitorial services at jail
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offices, restricted areas, and/or for errands outside the jail premises. In no case shall
an inmate be allowed to perform clerical duties or to have access to personnel files
and other official documents
22. Never allow a jail officer to render successive shifts of duty except in cases of emergencies.
23. Never allow jail personnel to open inmates' quarters alone. At least one (1) other jail
officers should be present and guarding the gate; 21. Inmates should be taken out of jail only
upon written order of the Court
24. Ensure that all vehicles and persons entering the jail premises are properly searched by
the existing policies/procedures
25. Regularly inspect and check the availability of emergency lights and other emergency
equipment and ensure that each personnel rendering night shift duties has one (1) flashlight,
nightstick/baton, and whistle; and
25. As regard the use of force:
a. 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 controlling or subduing an inmate who refuses to
obey a lawful command or order
b. Use of force shall be limited to the amount of force necessary to control a given
situation and shall include a continuum of escalating force levels
c. An examination and/or treatment by health personnel shall be provided to prisoners
or staff involved in a use of force incident when there is obvious physical injury or there
is a complaint of injury or request for medical attention
d. The use of force incidents shall be recorded and reviewed by the Warden.
SECURITY PROCEDURES DURING MEAL SERVICE (Section 37, BJMP Manual)
Security must be considered in serving food inside the cells/quarters. A jail officer should not
enter the inmates’ quarters to distribute food unless another officer is available to handle the
keys and control the entrance door.
DINING ROOM SECURITY (section 38, BJMP Manual)
For jail facilities that have separate dining or mess halls, the following shall be observed:
a. As a general precaution, individual mess utensils of inmates shall be made of plastic
b. When dining rooms are provided, the inmates should march in columns of two’s along
designated routes under the supervision of jail personnel. Other officials to direct the orderly
movement of inmates to and from the mess hall must be stationed along with the routes
c. Designate a roving supervisor to handle any disturbances or settle complaints d. After every
meal, all utensils used by the inmates should be collected. Jail personnel should strictly
supervise this to ensure that no utensils are brought out the dining room, and e. Check and
account for all forks, spoons, and other kitchen utensils after every meal.
MAIL SERVICES AND CENSORSHIP (Section 39)
Mail service shall be provided to all inmates provided that all outgoing and incoming mail
matters are passed through a designated Censor Officer to intercept any contraband or illegal
articles and any information affecting the security of the jail.
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The following procedures should be strictly observed when censoring mail:
a. There shall be no limitation on the amount of incoming or outgoing mail or correspondence
when the inmates are responsible for the cost/s of postage
b. Incoming inmates’ mail, correspondence, and packages shall be opened and inspected to
intercept cash, checks, money orders, and contraband. The censor officer shall observe the
documentary procedures in disposing of intercepted items
c. Legal mail or correspondence shall be opened and inspected in the presence of the inmate
to intercept contraband
d. Mails shall not be distributed to the inmates until the censors have examined them. Mail
shall only be opened and searched by qualified, trained, and authorized jail personnel in the
presence of inmate addressee e. Any currency, checks, or money found in the letter should be
turned over to the Trust Officer/Property Custodian. The receiving officer should indicate the
amount received on a "receipt form" in duplicate. The original receipt signed by the receiving
officer should be kept for the record and the duplicate copy should be given to the inmate
f. Carefully examine all greeting cards and collect fillers of any kind found therein for
laboratory examination
g. Photographs that are clearly within the scope of jail regulations should be marked on the
opposite side and placed in the envelope
h. Bring to the warden’s attention any item or correspondence or enclosure that does not
conform to regulations or are detrimental to the security, order, and discipline of the jail.
i. In the censoring of mails, prison slang, unusual nicknames, and sentences with double
meanings should be carefully studied and analyzed to determine the real meaning.
j. Refer to the warden all letters containing statements concerning the security or reputation
of the jail, like attempts to escape or smuggling/trafficking of contraband, and statements
that may affect existing rules and policies
k. All letters passing through the scrutiny standards of the censors should bear the censor’s
stamp at the top of each page and on the envelope. The letter should be placed back in the
same envelope, resealed and given to the inmate
l. A listing of mail for inmates should be properly kept and form part of the records of the jail
m. Do not discuss the contents of inmates’ mail with other jail personnel, except for official
purposes
n. The inmate sending out any mail matter shall open his mail/package and have it read and
inspected by the designated censor officer, if the mail is clear for dispatch, the inmate shall
close and seal the mail and place the same in the outgoing mailbox
o. If the outgoing or incoming mail has contraband or harmful information, such matter shall
be registered as a violation of jail rules and regulations and should be brought before the
Disciplinary Board for immediate adjudication
p. The designated jail staff shall collect the inmates’ mail matters daily, Monday through
Friday
q. Inmate’s letters or any other mail matter shall be sent as registered, certified, "stamped"
or marked "via special delivery" if he or she so desires at his or her expense. The letters will be
processed by the procedures in handling mails
r. An inmate under disciplinary segregation shall be allowed full correspondence privileges
unless his or her misconduct involves a serious violation of correspondence regulations.
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MOVEMENT/TRANSFER OF INMATES (Section 40, BJMP Manual)
Prisoners or detainees may be moved or transferred safely and humanely by trained
personnel who shall adopt the necessary level of security, supervision, and control to ensure
public safety under specific circumstances outlined below:
A. Subject to the conditions outlined in the succeeding sections and by appropriate court
order, an inmate may be brought out of jail under any of the following instances:
1. To appear, as a witness before any court of justice or prosecutor’s office during preliminary
investigation, arraignment or hearing of a criminal case
2. To appear as a witness in any investigation or formal inquiry being conducted by a
government agency
3. To view the remains of a deceased relative within the second degree of affinity or
consanguinity
4. To undergo medical examination or treatment in a hospital or clinic.
B. An inmate may be transferred to another institution only upon specific order of the court
having jurisdiction over him/her, except in cases of serious illness where hospitalization is
necessary, and the inmate has to be immediately taken to the nearest hospital upon
recommendation of the health officer. In this case, the jail warden, or in his/her absence, the
officer-in-charge, shall immediately notify the regional director and the court concerned
within six (6) hours after the inmate is brought to the hospital or within six (6) hours from the
first hour of the following day (BJMP Revised Policy on Hospitalization and Death of Inmates
dated 29 July 2010)
C. In the case of inmates classified as high-risk/high-profile and detained in small and remote
jail facilities or jails not considered as a high-security facility, their transfer to a better-secured
jail shall be effected provided a prior request is made from the executive judge who has
administrative supervision over the court in the place where the jail in which the inmate is
detained for his/her immediate action, approval and notification to the court’s Presiding
Judge (See ANNEX “C” - Supreme Court Administrative Circular Nr 68-2005)
D. In an emergency like a riot or other jail disturbance that happens on a weekend and when
the immediate transfer to other BJMP-manned jails of inmates involved is necessary to ensure
the safety of other inmates and security of the jail, the warden, under such compelling
situation, can recommend to the regional director, verbally or in writing, their immediate
transfer to another jail, provided that, on the first hour of the following working day, the court
concerned must be informed of the said transfer and a commitment order must be issued,
otherwise, the return of the transferred inmates is imperative. Provided, however, that those
inmates who instigated and led, and those involved in the disturbance or violence, disruptive
and/or riotous actions so created shall be classified as high-risk detainees and shall be
immediately transferred to a more secured facility by the immediately preceding paragraph
E. The same classification shall be applied to inmates who (a) have escaped, attempted to
escape or committed acts to facilitate an escape from custody; (b) demonstrated physically or
53
sexually assaultive behavior resulting in either attempt to sexually assault any person, serious
physical injury or death of any person; (c) assaulted or attempted to assault another with a
deadly weapon; (d) compelled or attempted to compel another to perform sexual acts, engage
in sexual conduct or sexual contact, or submit to sexual contact all using force or threat of
force; or (e) compelled or coerced another, by force or threat of serious physical harm or
death, to provide anything of value, to perform any act, or to violate any statute or jail rule
F. Inmates who wish to view the remains of a deceased relative within the second degree of
consanguinity or affinity and whose motion for that purpose was approved by the court as
proven by a valid court order issued to the warden shall be required to submit a written
request to the warden at least three (3) days before the date of viewing and which request
should be accompanied by the following documents:
1. Death Certificate of the deceased relative duly certified by the attending physician or local
civil registrar;
2. The appropriate certificate as indicated after the name of the deceased relative, to wit:
a. Spouse - marriage contract;
b. Children - birth certificates of the deceased child and marriage certificate of the
inmate and his/her spouse;
c. Father or Mother - birth certificates of the inmate and his/her deceased parent;
d. Brother or Sister - birth certificates of the inmate and his/her deceased sibling;
e. Grandparent - birth certificates of the inmate and his/her parent who is the child of
the deceased grandparent;
f. Grandchild - birth certificates of the inmate and his/her child who is the parent of
the deceased grandchild.
3. Sketch map of the place where the remains lie in state.
REFERENCE
• BJMP Comprehensive Manual 2015 Edition
54
LEARNING ACTIVITY 9.1
ESSAY:
1. What are the programs implemented by BJMP?
2. What are the main functions of BJMP)
55