March 30, 2000
BUREAU OF CORRECTIONS OPERATING MANUAL
WHEREAS, under Section 36, Chapter 6, Book IV of Executive Order No. 292,
"The Administrative Code of 1987", the head of a bureau or office is authorized to issue
rules and regulations to secure the harmonious and efficient administration of his bureau
or office and to carry into full effect the laws relating to matters within his jurisdiction;
WHEREAS, there is a need to integrate existing laws, rules and regulations that
govern the safekeeping and treatment of inmates confined in national penal
establishment;
NOW, THEREFORE, pursuant to the provisions of existing laws, the following
Operating Manual is hereby adopted for the guidance and observance of the custodial and
other personnel of the Bureau of Corrections:
BOOK I
PART I - GENERAL PROVISIONS
SECTION 1. Purpose of confinement. — A person is committed to prison —
a.
to segregate him from society; and
b.
to rehabilitate him so that upon his return to society he shall be a
responsible and law-abiding citizen.
SECTION 2. Basic principles. — The rules on the admission, custody and treatment of
inmates —
a.
seek to promote discipline and to secure the reformation and safe
custody of inmates.
b.
shall be applied impartially, without discrimination on grounds of
race, color, sex, language, religion or other opinion, national or
social origin, property, birth or other status.
c.
shall be enforced with firmness but tempered with understanding.
SECTION 3. Definition of Terms. — As used herein, unless the context otherwise
requires —
a.
"Prison" refers to a penal establishment under the control of the
Bureau of Corrections and shall include the New Bilibid Prison, the
Correctional Institution for Women, the Leyte Regional Prison and
the Davao, San Ramon, Sablayan and Iwahig Prison and Penal
Farms;
b.
"Competent authority" shall refer to the Supreme Court, Court of
Appeals, Regional Trial Court, Metropolitan Trial Court, Municipal
Trial Court, Municipal Circuit Trial Court, Sandiganbayan,
Military Courts, House of Representatives, Senate, Commission on
Elections, Bureau of Immigration and the Board of Pardons and
Parole;
c.
"Inmate" refers to a national prisoner or one sentenced by a court to
serve a maximum term of imprisonment of more than three (3)
d.
e.
f.
g.
h.
i.
j.
k.
l.
m.
n.
years or to a fine of more than one thousand pesos (P1,000.00); or
regardless of the length of the sentence imposed by the court, to
one sentenced for violation of the customs law or other laws within
the jurisdiction of the Bureau of Customs or enforceable by it, or
for violation of immigration and elections laws; or to one sentenced
to serve two (2) or more prison sentences in the aggregate
exceeding the period of three (3) years, whether or not he has
appealed. It shall also include a person committed to the Bureau by
a court or competent authority for safekeeping or similar purpose.
Unless otherwise indicated, "inmate" shall also refer to a
"detainee".
"Detainee" is a person who is confined in prison pending
preliminary investigation, trial or appeal; or upon legal process
issued by competent authority;
"Death convict" refers to an inmate whose death penalty imposed
by a Regional Trial Court is affirmed by the Supreme Court en
banc;
"Bureau" refers to the Bureau of Corrections;
"Director" refers to the Director of the Bureau;
"Department" refers to the Department of Justice;
"Secretary" refers to the Secretary of Justice;
"Superintendent" refers to the one in charge of a prison;
"Guard" refers to a member of the custodial force of a prison;
"Board" refers to the Board of Pardons and Parole;
"Carpeta" refers to the institutional record of an inmate which
consists of his mittimus/commitment order, the prosecutor's
information and the decision of the trial court, including that the
appellate court, if any;
"Prison record" refers to information concerning an inmate's
personal circumstances, the offense he committed, the sentence
imposed, the criminal case numbers in the trial and appellate
courts, the date he commenced service of his sentence, the date he
was received for confinement, the place of confinement, the date of
expiration of his sentence, the number of previous convictions, if
any, and his behavior or conduct while in prison.
SECTION 4. Status of inmate as affected by appeal. — Pending an appeal, the status of
an inmate shall not be changed. Whenever upon appeal, the sentence of an
inmate is reduced to a maximum term of imprisonment of less than three
(3) years or to a fine that does not exceed one thousand pesos (P1,000.00),
the inmate shall be transferred to the custody of the Bureau of Jail
Management and Penology or to the Provincial Government concerned for
service of sentence. In such a case, the maintenance of the convict shall be
transferred to the appropriate jail institution from the date of judgment of
the higher court and shall not be retroactive.
SECTION 5. Status of inmate as affected by parole, allowance of good behavior, etc. —
The provisions of law relative to parole, conditional pardon and the
diminution of sentences for good behavior shall not be construed to change
the status of an inmate or to affect the liability for his maintenance.
PART II - ADMISSION AND CONFINEMENT OF INMATES
CHAPTER 1 - RECEPTION AND DIAGNOSTIC CENTER
SECTION 1. Reception and Diagnostic Center; functions. — There shall be a Reception
and Diagnostic Center in every prison which shall receive, study and
classify inmates and detainees committed to the Bureau.
SECTION 2. Quarantine. — Upon admission in the Reception and Diagnostic Center,
an inmate shall be placed in quarantine for at least five (5) days during
which he shall be —
a.
b.
c.
given a physical examination to determine any physical illness or
handicap or mental ailment and to segregate those suspected of
having an infectious or contagious disease. If found sick, the
inmate shall be immediately confined in the prison hospital;
oriented with prison rules; and
interviewed by a counselor, social worker or other program staff
officers. The interview shall be conducted in private.
SECTION 3. Assignment of inmate. — After the quarantine period, the inmate shall
remain in the Reception and Diagnostic Center for a period not exceeding
fifty-five (55) days where he shall undergo psychiatric, psychological,
sociological, vocational, educational and religious and other examinations.
The results of said examinations shall be the basis for the inmate's
individualized treatment program. Thereafter, he shall be assigned to a
prison facility as may be recommended by the Chief of the Reception and
Diagnostic Center.
SECTION 4. Inmate record. — The Reception and Diagnostic Center shall keep a
complete record of an inmate which shall include the inmate's personal
circumstances; a brief personal, social and occupational history; the result
of the intake interview; and initial security classification.
CHAPTER 2 - ADMISSION OF INMATES
SECTION 1. Admission. — An inmate shall be admitted in the Reception and
Diagnostic Center of a prison upon presentation of the following
documents:
a.
Mittimus/Commitment Order of the court;
b.
Information and Court decision in the case;
c.
Certification of detention, if any; and
d.
Certification that the case of the inmate is not on appeal.
A female inmate shall be received only at the CIW.
SECTION 2. Form of mittimus/commitment order. — The mittimus/commitment order
shall be under the signature of the judge and shall bear the seal of the court
attested by the clerk of court thereof.
SECTION 3. Registration book. — A prison shall keep abound registration book
wherein all commitments shall be recorded chronologically. The register
shall contain the following entries:
a.
Name of the inmate;
b.
Reason for commitment and the authority therefor;
c.
Sentence;
d.
Date and hour of admission; and
e.
Date and hour of discharge or transfer and basis therefor.
SECTION 4. Admission process. — After registration, the inmate shall be
photographed, front and side view, fingerprinted and assigned a permanent
prison number. The male inmate shall then be given a regulation haircut
and his beard/mustache, if any, shall be shaven off.
SECTION 5. Hairpieces. — An inmate may not wear a wig or artificial hairpiece, unless
medical authorization to do so is approved by the Superintendent.
SECTION 6. Place for admission. — The admission of an inmate shall be made in an
area that is physically separated from the general prison population.
SECTION 7. Body search of inmate; personal effects. — Upon admission, the inmate
shall be searched thoroughly. He shall be allowed to retain in his
possession only such articles as are authorized hereunder. A list of all
articles taken from the inmate shall be entered in the inmate's record and
receipted for by the guard in charge thereof. All articles taken from the
inmate shall be returned to him upon his discharge unless previously
disposed of at the inmate's request or ordered condemned by the
Superintendent after a lapse of two (2) years.
If the inmate brings in any drug or medicine, the medical officer on duty
shall decide on its disposition.
SECTION 8. Confiscation of contraband. — Narcotics and all other prohibited drugs or
substances, the possession and/or use of which are punishable under our
laws, all types of weapons, substances or chemicals that may cause injury
to persons, and items or articles which an inmate is not allowed to possess
under prison rules shall be considered contraband items and confiscated.
SECTION 9. Issuance of uniforms etc. — The newly-admitted inmate shall be issued
two (2) regulation uniforms/suits and two (2) t-shirts. Whenever
practicable, he shall also be issued the following items:
a.
One (1) blanket;
b.
One (1) mat;
c.
One (1) pillow with pillowcase;
d.
One (1) mosquito net;
e.
One (1) set, mess kit; and
f.
One (1) pair, slippers.
The inmate shall be held responsible and accountable for the items issued
to him.
SECTION 10. Personal effects of inmate. — In addition to the articles supplied by the
prison, the inmate may bring clothes and other items essential to his wellbeing, provided the quantity, nature and dimension thereof will not
interfere with the safety and living conditions of the other inmates. The
Superintendent may allow the inmate to bring in electrical equipment like
television sets, radio cassettes, video players, electric fans and similar
items provided the same is for common use with other inmates.
In no case shall an inmate be allowed to bring in luxurious items such as
air conditioners, carpets, sofas, beds, sleeping mattresses, washing
machines and the like.
SECTION 11. Wearing of jewelry. — An inmate may not wear jewelry items. He may,
however, be allowed to wear an inexpensive watch.
CHAPTER 3 - CLASSIFICATION OF INMATES
SECTION 1. Classification Board. — Every prison shall have a Classification Board
that shall classify inmates in accordance with this Chapter. The Board shall
be composed of the following:
Chairman:
Vice-chairman:
Members:
Secretary:
Superintendent
Chief, Reception and Diagnostic Center
Medical Officer
Chief, Education Section
Chief, Agro-Industries Section
Chief Overseer
SECTION 2. Inmates; how classified. — Inmates shall be classified as to security status
and as to entitlement to prison privileges.
SECTION 3. Classification of inmates as to security risk. — An inmate shall be
assigned to any of the following security groups:
a.
Maximum security — This shall include highly dangerous or high
security risk inmates as determined by the Classification Board
who require a high degree of control and supervision. Under this
category are —
i.
those sentenced to death;
ii.
those whose minimum sentence is twenty (20) years
imprisonment;
iii.
remand inmates or detainees whose sentence is twenty (20)
years and above and those whose sentences are under
review by the Supreme Court or the Court of Appeals;
iv.
those with pending cases;
v.
recidivists, habitual delinquents and escapees;
vi.
those confined at the Reception and Diagnostic center;
vii.
those under disciplinary punishment or safekeeping; and
viii.
those who are criminally insane or those with severe
personality or emotional disorders that make them
dangerous to fellow inmates or the prison staff.
b.
Medium security — This shall include those who cannot be trusted
in less-secured areas and those whose conduct or behavior require
minimum supervision. Under this category are —
i.
those whose minimum sentence is less than twenty (20)
years imprisonment;
ii.
remand inmates or detainees whose sentences are below
twenty (20) years;
iii.
those who are eighteen (18) years of age and below,
regardless of the case and sentence;
iv.
those who have two (2) or more records of escapes. They
can be classified as medium security inmates if they have
served eight (8) years since they were recommitted. Those
with one (1) record of escape must serve five (5) years; and
v.
first offenders sentenced to life imprisonment. They may be
classified as medium security if they have served five (5)
years in a maximum security prison or less, upon the
recommendation of the Superintendent. Those who were
detained in a city and/or provincial jail shall not be entitled
to said classification.
c.
Minimum security — This shall include those who can be
reasonably trusted to serve their sentences under less restricted
conditions. Under this category are —
i.
those with a severe physical handicap as certified by the
chief medical officer of the prison;
ii.
those who are sixty-five (65) years old and above, without
pending case and whose convictions are not on appeal;
iii.
those who have served one-half (1/2) of their minimum
sentence or one-third (1/3) of their maximum sentence,
excluding Good Conduct Time Allowance (GCTA) as
provided in Chapter 4, Part III hereof; and
iv.
Those who have only six (6) months more to serve before
the expiration of their maximum sentence.
SECTION 4. Color of Uniform as to security classification. — The color of the uniform
of an inmate shall be based on his security classification, as follows:
a.
Maximum security — tangerine
b.
Medium security — blue
c.
Minimum security — brown
d.
Detainee — gray.
SECTION 5. Classification of inmates as to entitlement to privileges. — Inmates shall
be classified as follows to determine their entitlement to prison privileges:
a.
Detainee;
b.
Third Class inmate — one who has either been previously
committed for three (3) or more times as a sentenced inmate,
c.
d.
e.
except those imprisoned for non-payment of a fine and those who
had been reduced from a higher class;
Second Class inmate — a newly arrived inmate; an inmate
demoted from first class; or one promoted from the third class;
First Class inmate — one whose known character and credit for
work while in detention earned assignment to this class upon
commencement of sentence; or one who has been promoted from
the second class;
Colonist.
SECTION 6. Colonist. — The Director may, upon the recommendation of the
Classification Board, classify an inmate who has the following
qualifications as a colonist:
a.
be at least a first class inmate and has served one (1) year
immediately preceding the completion of the period specified in
the following qualifications;
b.
has served imprisonment with good conduct for a period equivalent
to one fifth (1/5) of the maximum term of his prison sentence, or
seven (7) years in the case of a life sentence.
SECTION 7. Privileges of a colonist. — A colonist shall have the following privileges:
a.
credit of an additional GCTA of five (5) days for each calendar
month while he retains said classification aside from the regular
GCTA authorized under Article 97 of the Revised Penal Code;
b.
automatic reduction of the life sentence imposed on the colonist to
a sentence of thirty (30) years;
c.
subject to the approval of the Director, to have his wife and
children, or the woman he desires to marry, live with him in the
prison and penal farm. Transportation expenses of the family going
to and the discharge of the colonist from the prison and penal farm
shall be for the account of the government. The family may avail of
all prison facilities such as hospital, church and school free of
charge. All the members of the family of a colonist shall be subject
to the rules governing the prison and penal farm;
d.
as a special reward to a deserving colonist, the issuance of a
reasonable amount of clothing and ordinarily household supplies
from the government commissary in addition to free subsistence;
and
e.
to wear civilian clothes on such special occasions as may be
designated by the Superintendent.
SECTION 8. Inmates who are spouses. — Husband and wife inmates may be allowed to
serve their sentence together in a prison and penal farm as soon as both are
classified as colonists.
SECTION 9. Revocation of colonist status. — The grant of colonist status may, for
cause, be revoked at any time by the Superintendent with the approval of
the Director.
CHAPTER 4 - CONFINEMENT AND ACCOMMODATIONS OF INMATE
SECTION 1. Place of confinement. — An inmate shall only be confined in a place
declared by the President of the Philippines by Executive Order to be a
place of confinement of national inmates or by specific direction of the
court, provided that a male inmate shall be committed directly to and shall
be confined in a prison nearest his actual place of residence. A prison may
also be used as a place of detention for other classes of inmates or for the
temporary safekeeping of any person detained upon legal process.
SECTION 2. Security compounds. — A prison shall, whenever possible, have separate
prison compounds for the segregation of inmates according to their
security classification. Each compound shall be under a Superintendent
who is assisted by an Assistant Superintendent.
SECTION 3. Separate facilities. — Where facilities permit, there shall be separate
dormitories to house inmates under the following categories:
a.
Finally sentenced inmates;
b.
Death Convicts;
c.
Inmates who, by reason of their criminal record, are likely to
exercise a negative influence on other inmates;
d.
Detainees;
e.
Youth Offenders or those below eighteen years of age;
f.
First Offenders;
g.
Habitual delinquents, recidivists, escapees;
h.
Infirm, aged, invalids and other finally convicted inmates whose
physical condition seriously impairs their mobility;
i.
Those suffering from mental disease or abnormality, including
sexual deviates;
j.
Female offenders;
k.
Drug dependents;
l.
Foreign nationals; and
m.
Members of cultural minorities.
SECTION 4. Prison accommodation standards. —
a.
All accommodations for the use of inmates shall meet requirements
of sanitation and hygiene with emphasis on adequate ventilation,
living space and lighting.
b.
Bathrooms and washing areas shall be provided in every prison
facility.
c.
All areas regularly used by inmates shall be properly maintained
and kept clean at all times.
d.
Beds and clothing shall be neatly made up in a uniform manner at
all times. Beds and buildings occupied by inmates shall be
thoroughly disinfected at least once a month.
e.
Cleanliness shall be maintained at all times in all dormitories or
cells specially toilet and baths.
f.
As often as it is necessary, an inmate shall send his dirty clothes to
the laundry.
g.
h.
Every Sunday and holiday, if weather permits, inmates will expose
their clothes, beds, bedding and so forth in the sunshine in an area
designated for the purpose. Cleanliness of the premises of the
dormitories and their surroundings shall be strictly enforced.
Littering is prohibited.
Inmates shall be served meals three (3) times a day. Breakfast shall
be served not more than fourteen (14) hours after the previous day's
dinner.
SECTION 5. Youth camps. — The Bureau shall maintain agricultural and forestry
camps where youth offenders may serve their sentence in lieu of
confinement in a prison.
CHAPTER 5 - TRANSFER OF INMATES
SECTION 1. Transfer of inmate to another prison. — An inmate may be transferred by
the Director upon the recommendation of the Superintendent concerned to
another prison facility to bring said inmate closer to his family or as part of
his rehabilitation program.
SECTION 2. Transfer of insane inmates. — An inmate who has been confirmed to be
mentally abnormal or insane may be transferred to a mental hospital with
the approval of the Director.
SECTION 3. Transfer of inmate to a stockade of the Armed Forces of the Philippines
(AFP). — The confinement of an inmate may be transferred to an AFP
stockade provided the inmate is certified as minimum security risk and
does not belong to any of the following categories:
a.
Inmate serving a life term or sentenced to death;
b.
Inmate with a previous record of escape;
c.
Recidivist;
d.
Inmate serving sentence for a crime involving moral turpitude;
e.
Female inmate;
f.
Inmate who had previously been transferred to an AFP stockade
and was returned to prison for cause;
g.
Inmate who is more than fifty (50) years old or who can no longer
perform manual work;
h.
Inmate who is a permanent resident of a place within a radius of
one hundred (100) kilometers from the AFP stockade where he is
being transferred; or
i.
Inmate with a pending case or who is a witness in any pending
criminal case.
SECTION 4. Transfer of inmate not eligible to be a colonist to a prison and penal farm.
— Upon the recommendation of the Classification Board, the Director
may also transfer to a prison and penal farm an inmate who, although not
eligible for classification as a colonist, is:
a.
physically and psychologically fit to absorb the rehabilitative
program in the colony, or
b.
that such an assignment is therapeutically indicated.
SECTION 5. Transfer of inmates to a provincial jail and vice versa. — The President of
the Philippines may direct, as the occasion may require, the transfer of
inmates from a national prison to a provincial jail, or vice versa. The
expenses for such transfers shall be borne by the Bureau except the cost of
escort service which shall be provided by the Philippine National Police.
SECTION 6. Mental and physical examination of inmate to be transferred. — The
inmate shall be given a mental and physical examination prior to his
transfer.
CHAPTER 6 - OUTSIDE MOVEMENT OF INMATES
SECTION 1. Movement of inmate outside confinement facility. — The Superintendent
of a prison may authorize an inmate to be taken out of prison in the
following instances:
a.
to appear in court or other government agency as directed by
competent authority;
b.
for medical examination/treatment or hospitalization in an outside
clinic or hospital; or
c.
to view the remains of a deceased relative.
SECTION 2. Approval by Secretary of outside movement. — The prior approval of the
Secretary shall be required for the outside movement of an NBP or CIW
inmate as provided in paragraphs b. and c. above. (Delegated to BuCor
Director pursuant to Department Order 015)
SECTION 3. Outside movement of death convict. — A death convict shall not be
allowed to leave his place of confinement except for the urgent treatment
or diagnosis of a life-threatening or serious ailment, if the diagnosis cannot
be done or the treatment provided in the prison hospital. (Repealed by
RA 9346)
SECTION 4. Basis of court appearance. — The court appearance of an inmate shall be
based on a subpoena issued by the court as endorsed by the Director.
SECTION 5. Court appearance of life termer or death convict. — No inmate sentenced
to death or life imprisonment confined in the NBP shall be brought outside said prison for
appearance or attendance in any court except when the Supreme Court authorizes the
presiding judge of said court, upon proper application, to effect the transfer of said
inmate. The NBP Superintendent shall request the judge in Metro Manila and in the
provinces of Rizal, Bulacan, Cavite and Laguna who requires the appearance or
attendance in any judicial proceeding of an NBP death convict or life termer to conduct
such proceeding within the premises of the said prison. (Administrative Circular No.
2 dated December 2, 1976 cited in Administrative Circular dated 6
December 5, 1977 of the Supreme Court)
SECTION 6. Application to view the remains of a deceased relative; supporting
documents. — A minimum or medium security inmate may, upon written
application, be allowed by the Superintendent to view the remains of the
following relatives upon written application and submission of the original
or certified true copies of the death certificate, the burial permit and the
documents specified hereunder:
a.
b.
c.
d.
e.
f.
Wife or husband (marriage certificate);
Child (birth certificate of child and marriage certificate of the
inmate);
Brother/sister (birth certificate of brother/sister and birth certificate
of the inmate);
Father/mother (birth certificate of the inmate);
Grandchild (birth certificate of grandchild and of the latter's parent
who may be son or daughter of the inmate);
Grandparent (birth certificate of the inmate and of his/her parent
who is the son/daughter of the deceased grandparent).
SECTION 7. When to file application. — The application to view the remains of a
deceased relative and all its supporting documents shall be filed with the
Superintendent at least two (2) days before the enjoyment of the privilege
sought.
In the case of an NBP or CIW inmate, the application and its supporting documents,
together with the prison record of the inmate and the favorable
recommendation of the Superintendent thereof and the Director, shall be
forwarded to the Secretary for final action a least one (1) working day
before the privilege is to be enjoyed. (Amended by Department Order 015)
SECTION 8. Duration of privilege. — The inmate may be allowed more or less three (3)
hours to view the deceased relative in the place where the remains lie in
state but shall not be allowed to pass any other place in transit, or to join
the funeral cortege.
SECTION 9. Distance of travel. — The privilege may be enjoyed only if the deceased
relative is in a place within a radius of thirty (30) kilometers by road from
the prison. Where the distance is more than thirty (30) kilometers, the
privilege may be extended if the inmate can leave and return to his place of
confinement during the daylight hours of the same day.
PART III - RIGHTS AND PRIVILEGES OF AN INMATE
CHAPTER 1 - RIGHTS OF AN INMATE
SECTION 1. Rights of an inmate. — An inmate shall have the following basic rights:
a.
to receive compensation for labor he performs;
b.
to be credited with time allowances for good conduct and loyalty;
c.
to send and receive mail matter;
d.
to practice his religion or observe his faith;
e.
f.
g.
to receive authorized visitors;
to ventilate his grievances through proper channels; and
to receive death benefits and pecuniary aid for injuries.
SECTION 2. Privileges of an inmate. — The following privileges shall also be extended
to an inmate:
a.
Attend or participate in any entertainment or athletic activity within
the prison reservation;
b.
Read books and other reading materials in the library;
c.
Smoke cigar and cigarettes, except in prohibited places;
d.
Participate in civic, religious and other activities authorized by
prison authorities; and
e.
Receive gifts and prepared food from visitors subject to inspection.
SECTION 3. Rights of a detainee. — A detainee may, aside from the rights and
privileges enjoyed by a finally convicted inmate, wear civilian clothes and
to grow his hair in his customary style.
CHAPTER 2 - PRISON LABOR
SECTION 1. Prison labor of finally convicted inmate. — A finally convicted ablebodied inmate may be required to work at least eight (8) hours a day,
except on Sundays and legal holidays, in and about the prison, public
buildings, grounds, roads, and other public works of the national
government. In the interest of the service, however, they may be required
to work on excepted days.
SECTION 2. Prison labor of detainee. — A detainee may not be required to work in
prison. However, he may be made to police his cell and perform such other
labor as may be deemed necessary for hygienic or sanitary reasons.
SECTION 3. Agreement of detainee to abide by rules imposed on finally convicted
inmates. — Upon his admission, the detainee shall be informed that he
may be credited in the service of his prison sentence with the full time
during which he may have undergone preventive imprisonment if he
agrees in writing to abide by the same disciplinary rules imposed on
convicted inmates, provided the detainee is not a recidivist or has been
convicted previously twice or more times of any crime.
If the detainee agrees, he shall be asked to manifest his agreement in
writing.
SECTION 4. Certification of Superintendent if detainee refuses to abide by rules
imposed on finally convicted inmates. — If the detainee does not agree to
abide by the same disciplinary rules as a finally convicted inmate, the
Superintendent shall issue a certification under oath to the effect that the
detainee was apprised of his right to be credited in the service of his prison
sentence with the full time during which he may have undergone
preventive imprisonment and that the inmate refused to abide by the rules
imposed upon convicted inmates.
In such a case, the detainee shall be credited in the service of his sentence
with four-fifths (4/5) of the time during which he has undergone
preventive imprisonment.
SECTION 5. Agreement or Certification as part of prison record. — The agreement or
certification mentioned above shall form part of the prison record of the
detainee.
SECTION 6. Female inmate. — A female inmate shall only be assigned to work on jobs
suitable to her age and physical condition. She shall be supervised only by
women officers.
SECTION 7. Old inmate. — An inmate over sixty (60) years of age may be excused
from mandatory labor.
SECTION 8. Place of work assignment. — Only medium and minimum security
inmates may be assigned to work in agricultural field projects within a
prison reservation. Maximum security inmates shall not be allowed to
work outside the maximum security compound.
SECTION 9. Work programs. — Work programs shall be conducted in prison to
promote good work habits and self-esteem among inmates and not as a
means to exploit cheap prison labor or as a punishment for deviant
behavior.
CHAPTER 3 - COMPENSATION CREDITS
SECTION 1. Inmate compensation. — Six (6) months after being permanently assigned
to work in prison, an inmate may receive compensation credits at rates to
be prescribed by the Director, provided:
a.
He maintains good conduct; and
b.
He shows interest and a definite degree of progress in the particular
work assigned to him.
SECTION 2. Compensation credits. — Compensation credits shall be allowed in the
payment of those classified on workmanship as may be prescribed by the
Director.
SECTION 3. Keeping of work record of inmate. — A record shall be kept of inmates
showing the workmanship classification of skilled and semi-skilled grades.
The credits accruing to each shall be made monthly in accordance with the
approved recommendation of the committee named for this purpose. A
copy of the committee's recommendation, duly approved by the Director
or the Superintendent, shall be furnished the Commission on Audit for his
information in connection with his duty of supervising the proper
accountability of the fund created, the credits to which shall be part of the
inmate's Trust Fund.
SECTION 4. Compensation earned, how applied. — The whole or part of the
compensation credits earned by an inmate may be forfeited and applied to
the payment of supplies and equipment lost or damaged resulting from the
inmate's misconduct or willful negligence. One-half (1/2) of said earnings
may be utilized by the inmate to purchase some of his needs. The
remainder shall be withheld, to be paid to him upon release only. In
exceptional cases, however, upon satisfactory showing of a necessity for
withdrawal, the Director or the Superintendent may authorize the
disbursement of any part of the amount retained.
SECTION 5. Trust Fund. — Compensation credits earned by the inmate as provided for
in the preceding section and all monies received by him from any source
shall be deposited in the Trust Fund provided for the purpose.
SECTION 6. Withdrawal of earnings. — The inmate may, at any time, withdraw from
his compensation earnings in an amount not exceeding one-half (1/2) of
his total earnings. However, in cases of urgent need and at the discretion of
the Superintendent, the whole of his earnings may be withdrawn. But he
may, at any time, withdraw any part or all monies received from other
sources.
SECTION 7. Payment of trust deposit amount to released inmate. — Upon the inmate's
discharge from prison he shall be given the full balance of his deposit.
CHAPTER 4 - TIME ALLOWANCE FOR GOOD CONDUCT AND LOYALTY
(Repealed by RA 10592)
SECTION 1. Who may grant Good Conduct Time Allowance (GCTA). — The Director
may grant GCTA to an inmate who displays good behavior and who has no
record of breach of discipline or violation of prison rules and regulations.
SECTION 2. Effects of GCTA. — The good conduct or behavior of an inmate shall
entitle him to the following deductions from the period of his sentence:
a.
During the first two (2) years of his imprisonment, he shall be
allowed a deduction of five (5) days for each month of good
behavior;
b.
During the third to the fifth years, inclusive, of his imprisonment,
he shall be allowed a deduction of eight (8) days for each month of
good behavior;
c.
During the following years until the tenth year, inclusive, of his
imprisonment, he shall be allowed a deduction of ten (10) days for
each month of good behavior; and
d.
During the eleventh and successive years of his imprisonment, he
shall be allowed a deduction of fifteen (15) days for each month of
good behavior.
SECTION 3. Computation of GCTA. — Calendar months and years are considered
reference to sentences and time served, while thirty (30) days constitute a
month in computing GCTA credits.
SECTION 4. GCTA of detainee. — A detainee shall only be granted GCTA if he
voluntarily offers in writing to perform such labor as may be assigned to
him. In such a case, the credit he may receive shall be deducted from
sentence as may be imposed upon him if he is convicted.
SECTION 5. GCTA of life termer. — An inmate sentenced to life imprisonment shall
not be granted GCTA while his sentence is on appeal.
SECTION 6. Revocation of GCTA. — GCTA once granted shall not be revoked without
just cause.
SECTION 7. Restoration of GCTA. — The GCTA which an inmate is deprived of
because of misconduct may be restored at the discretion of the Director
upon the recommendation of the Superintendent.
SECTION 8. Special time allowance for loyalty. — A deduction of one-fifth (1/5) of the
period of his sentence shall be granted to an inmate who, after evading the
service of his sentence on the occasion of a disorder resulting from a
conflagration, earthquake, explosion, or similar catastrophe, or during a
mutiny in which he has not participated, gives himself up voluntarily to the
authorities within forty-eight (48) hours following the issuance of a
proclamation announcing the passing away of such calamity.
CHAPTER 5 - INMATE COMMUNICATION
SECTION 1. Right to communicate. — An inmate shall have the right to communicate
or correspond with persons and organizations and to send and receive
letters, packages, books, periodicals and other materials that can be
lawfully sent by mail.
SECTION 2. Censorship of mail matter. — All letters sent or received by an inmate, as
well as magazines, books, periodicals and all reading matters, shall be
subject to censorship to prevent the entry of contraband and the entry or
exit of information that may adversely affect the security of the prison.
SECTION 3. Guidelines on censorship of mail matter. — The sending and receiving of
mail by all inmates shall be governed by the following guidelines:
a.
Inmate mail shall be secured until such time that the censors are
ready to examine them.
b.
Inmate mail shall be opened and searched by qualified, trained and
authorized personnel.
c.
Greeting cards shall be carefully examined and fillers of any kind
found therein shall be collected for laboratory examination.
d.
Photographs shall be marked on the reverse side and replaced in
the envelope.
e.
In censoring mail, prison slang, unusual nicknames and sentences
with double meaning shall be carefully studied and deciphered.
f.
Letters passed by censors shall bear the censor's stamp at the top of
each page and on the envelope. The letter shall be replaced in the
same envelope and resealed.
g.
The contents of an inmate's mail shall be confidential and shall not
be discussed with other prison personnel.
SECTION 4. What may be censored. — All letters containing statements concerning the
security or reputation of the prison like escape attempts,
smuggling/trafficking of contraband or statements that may affect prison
rules and policies, shall be censored out. Any item or correspondence or
enclosure that does not conform with regulations or are detrimental to the
security, good order and discipline of the prison shall be confiscated and
submitted to the Superintendent for disposition.
SECTION 5. Collection and delivery of mail. — The mail officer shall collect and
deliver mail matters on a daily basis, Monday through Friday. An inmate
shall be advised to claim his mail if he fails to claim his letter within
twenty-four (24) hours after it is received in prison.
SECTION 6. Expenses for special delivery of mail. — Inmates shall be allowed to send
letters by registered, certified, stamped or special delivery at their expense.
SECTION 7. Sending of money. — Inmates may receive or send money through the
prison postal service under the supervision and assistance of designated
prison officers. The mail officer shall issue a receipt in duplicate for the
amount enclosed in the inmate's incoming letter and shall deposit in the
Trust Fund described in Section 6, Chapter 3 of these Rules. The original
receipt signed by the mail officer shall be filed with the Trust Fund Officer
and the duplicate copy thereof shall be given to the inmate.
SECTION 8. Mail privilege of inmate under punishment. — Inmates under disciplinary
punishment shall be allowed full mail privileges, unless his misconduct
involves a serious violation of mail regulations.
SECTION 9. Use of telephone. — All offender who demonstrates good behavior shall
earn one telephone call to an authorized individual every ninety (90) days.
In such a case, the telephone call shall be monitored and shall have a
duration not exceeding five (5) minutes. When making the call, the inmate
shall identify himself as an inmate.
SECTION 10. Foreign inmates. — Inmates of a foreign nationality shall be allowed to
communicate with the diplomatic and consular representatives of the State
of which he or she is a national.
SECTION 11. Stateless inmates. — A national of a state without diplomatic or consular
representation in the country and a refugee or stateless person shall also be
allowed to communicate with the diplomatic authorities of the state which
takes charge of his or her interests or any national or international
authority tasked to protect such person.
CHAPTER 6 - INMATE MANUSCRIPTS
SECTION 1. Definition of manuscript. — As used herein, "manuscript" means fiction,
nonfiction, poetry, music and lyrics, drawings and cartoons, and other
writings of a similar nature.
SECTION 2. Manuscript preparation. — An inmate may prepare a manuscript for
private use or for publication while in custody without prison staff
approval. The inmate may use only non-work time to prepare a
manuscript.
SECTION 3. Mailing of inmate manuscripts. — An inmate may mail a manuscript as
general correspondence in accordance with existing rules. He may not,
however, circulate his manuscript inside the prison.
SECTION 4. Limitations on an inmate's accumulation of manuscript material. — The
Superintendent may limit, for housekeeping, fire-prevention, or security
reasons, the amount of accumulated inmate manuscript material.
CHAPTER 7 - EXERCISE OF RELIGIOUS BELIEFS AND PRACTICES
SECTION 1. Religious freedom. — The religious beliefs and moral precepts of an
inmate shall be respected.
SECTION 2. Proselytizing. — No prison official shall proselytize inmates under his
supervision or allow any inmate to do so without the consent of the inmate
concerned. Reasonable opportunity and access shall be provided to
inmates requesting information about the activities of any religion with
whom they may not be actually affiliated.
SECTION 3. Pastoral visits. — An accredited priest, minister or pastor may be allowed
to hold regular service and to pay pastoral visits in private to inmates of his
religion at such hours as may be prescribed by the Superintendent.
SECTION 4. Worship services. — Attendance by an inmate of worship services and
similar religious activities shall be on a voluntary basis.
SECTION 5. Sponsor in a religious rite. — A prison official, employee or guard, or his
wife and children, shall not act as sponsor or otherwise actively participate
in any religious rite or activity involving an inmate or a member of the
immediate family of an inmate.
SECTION 6. Privileged communication. — All personal communications of an inmate
to a chaplain or priest either as a formal act of religion or as a matter of
conscience, shall be treated as a privileged communication. The chaplain
or priest concerned shall not be required to disclose said communications.
SECTION 7. Dietary requirements. — Inmates observing religious feasts or celebrations
may be given raw rations or special diets in accordance with their beliefs.
The cost thereof shall be limited to the recommended daily per capita.
CHAPTER 8 - MARRIAGE OF INMATES AND DETAINEES
SECTION 1. Request to marry. — An inmate or detainee who wants to get married shall
submit a written request therefor with the Superintendent. The
Superintendent shall approve an inmate's request to marry except where a
legal restriction to the marriage exists, or where the proposed marriage
presents a threat to the security or good order of the prison, or to the
protection of the public.
SECTION 2. Eligibility to marry. — The request of an inmate or detainee to marry shall
be approved provided the inmate or detainee is legally eligible to marry
and is mentally competent; and the intended spouse has verified, in
writing, an intention to marry the inmate or detainee.
SECTION 3. Marriage expenses. — All expenses of the marriage, e.g., marriage license,
shall be paid by the inmate or detainee, the intended spouse, the family of
the inmate or detainee, or other appropriate source approved by the
Superintendent. The Superintendent shall not use Bureau funds for an
inmate marriage.
SECTION 4. Request to marry of a detainee. — A request to marry which is filed by a
detainee shall include an assessment of the legal effects of the marriage on
his pending criminal case.
SECTION 5. Marriage ceremony, where solemnized. — The marriage ceremony of an
inmate or detainee shall be solemnized in prison.
SECTION 6. Solemnizing official. — Unless otherwise requested by the inmate or
detainee, the marriage ceremony shall be performed by a chaplain of the
Bureau.
SECTION 7. Presence of media. — The Superintendent shall require that a marriage
ceremony at the prison be a private ceremony conducted without media
publicity.
SECTION 8. Prohibition against prison official acting as sponsor. — A prison official,
employee or guard, his wife or children, shall not act as sponsor or witness
in the wedding of an inmate.
CHAPTER 9-VISITING RIGHTS
SECTION 1. Visiting rights. — An inmate shall have the right to be visited by his
family and reputable friends at regular intervals.
SECTION 2. Visitors list. — The Superintendent shall compile and maintain a list of
persons named by the inmate who may visit the latter. The list may include
the members of the inmate's immediate family such as his parents, step
parents, foster parents, brothers and sisters, wife or husband and children.
Upon the request of the inmate, the list may include his grandparents,
aunts, uncles, in-laws and cousins. Other visitors may, after investigation,
be included in the list if the inmate will benefit from such contact.
SECTION 3. Visiting days and hours. — An inmate may be visited from Sundays to
Thursdays from 9:00 a.m. to 3:00 p.m visitors shall not be allowed to stay
overnight in prison. There shall be no visits on Fridays and Saturdays.
(Repealed by BuCor Memorandum. Visiting days and hours are from
Wednesday to Sunday from 8:00am to 3:00pm)
SECTION 4. Limitation on visiting rights. — The Director may limit the length or
frequency of prison visits as well as the number of visitors to avoid
overcrowding. Exceptions may be granted after taking into account special
circumstances, such as the distance of travel of the visitor and the
frequency of the visits received by the inmate.
SECTION 5. Visiting room. — Whenever practicable, a prison shall have a visiting
room which shall be as comfortable and as pleasant as possible and
equipped to meet the needs of visitors, including children.
SECTION 6. Privacy of visits. — Prison guards shall supervise the visiting area in an
unobtrusive manner. They shall not eavesdrop on conversations or
otherwise interfere with the privacy of the inmate and his visitor.
SECTION 7. Conjugal visits. — A male inmate may enjoy conjugal visits from his
spouse in prisons where there are facilities therefor under such conditions
as may be prescribed by the Director.
SECTION 8. Visit of legal counsel. — An inmate may be visited by his legal counsel of
record at reasonable hours of the day or night.
SECTION 9. Violation of visiting rules. — Any circumvention or violation of visiting
rules by the inmate or his visitor shall result in the suspension or
deprivation of visiting privileges and the initiation of disciplinary action
against the erring inmate.
CHAPTER 10 - VOLUNTEER COMMUNITY SERVICE PROJECTS
SECTION 1. Volunteer community service projects, concept. — The Director may, upon
the recommendation of the Superintendent, authorize an inmate to
participate in a volunteer community service project. As used herein, a
volunteer community service project is one that is sponsored and
developed by a local government unit or by a nonprofit charitable
organization; and is designed to provide for the public good in keeping
with the overall goals of the community, such as community-wide
beautification or public safety. The sponsoring organization shall certify to
the Bureau that its community service project will not displace regular
employees, supplant employment opportunities ordinarily available within
the sponsoring organization, or impair contracts for services.
SECTION 2. Nature of volunteer community service projects. — A volunteer
community service project is not a work assignment. An inmate who
chooses to participate therein does so voluntarily, and may not receive
compensation for participation in the project.
SECTION 3. Request to participate in community activity. — An inmate may volunteer
to participate in a community service project by submitting a written
request to the Superintendent. The inmate must have a minimum security
classification and be otherwise eligible for the conditions of the project.
The decision of the Superintendent to approve or disapprove an inmate's
request shall be final.
CHAPTER 11 - INMATE GRIEVANCE
SECTION 1. Inmate complaint center. — To extend prompt, efficient and timely
services to the inmates, there shall be an Inmate Complaints, Information
and Assistance Center in each prison compound which shall be directly
under the office of the Superintendent. The Center shall act on all written
complaints that are not palpably frivolous, as well as requests for
information and assistance of inmates, within seventy-two (72) hours from
receipt thereof.
SECTION 2. Inmate Council. — There shall be an Inmate Council composed of finally
convicted inmates in every prison which shall serve as an advisory body to
the Superintendent. The Superintendent shall provide a set of
qualifications, rules and regulations for membership in the Council.
SECTION 3. Role of inmate-representatives in the Inmate Council. — The inmate
representatives of the Inmate Council shall meet with the Superintendent
or his representative to discuss issues and matters affecting the prison
population. The inmate-representatives shall not be entitled to special
privileges and shall not have any authority over other inmates or
participate in the imposition of disciplinary measures, or otherwise
interfere with prison administrative functions.
CHAPTER 12 - PECUNIARY AID TO INMATES
SECTION 1. Pecuniary aid to inmates killed or injured in the performance of duty. —
Pecuniary aid shall be paid to an inmate who is killed, injured or disabled
while preventing a prison riot, or jailbreak, or while in the performance of
duties required of him in any prison industry and not due to his negligence.
SECTION 2. Amount of pecuniary aid. — The amount of pecuniary aid shall be fixed
by the Director and approved by the Secretary.
SECTION 3. When pecuniary aid is given. — The pecuniary aid shall be given to the
injured or disabled inmate at the time of his release or anytime during his
confinement if he so desires. If the inmate dies as a result of the injury
sustained by him, or from any other cause prior to his release, payment
shall be made to his legal heirs, provided they are not the offended parties
or those who caused the imprisonment.
PART IV - DISCIPLINE AND PUNISHMENT OF INMATES
CHAPTER 1 - DISCIPLINE OF INMATES
SECTION 1. Disciplinary controls, purpose. — Efforts shall be made to instill in the
minds of all inmates the concept that self-discipline is an essential
characteristic of a well-adjusted person.
SECTION 2. Guidelines on disciplinary control. — Disciplinary controls on inmates
shall be firm to ensure safety and good order in prison. Breaches of
discipline shall be handled objectively, and sanctions shall be executed
with firmness and justice.
SECTION 3. Due process accorded to an inmate. — Every breach of discipline shall be
reported to proper prison authorities. The erring inmate shall be given due
process before he is punished. Ignorance of prison rules shall not be
countenanced or considered an excuse for its non-observance.
SECTION 4. Prohibited acts. — The following acts shall subject an inmate to
disciplinary action:
a.
Participating in illegal sexual acts or placing himself in situations
or behavior that will encourage the commission of illegal sexual
acts;
b.
Openly or publicly displaying photographs, pictures, drawings, or
other pictorial representations of persons engaged in sexual acts,
actual or simulated, masturbation, excretory functions or lewd or
obscene exhibitions of the genitals;
c.
Possessing articles which pose a threat to prison security or to the
safety and well-being of the inmates and staff;
d.
Giving gifts, selling or engaging in barter with prison personnel;
e.
Maligning or insulting any religious belief or group;
f.
Rendering personal services to or requiring personal services from
a fellow inmate;
g.
Gambling;
h.
Exchanging his uniform with another inmate or wearing a uniform
other than those officially issued to him;
i.
Using profane, vulgar or obscene language or making loud or
unusual noise of any kind;
j.
Loitering in the prison compound or reservation;
k.
Giving a gift or providing material or other assistance to fellow
inmates or to the prison administration in general;
l.
Engaging in any private work for the benefit of prison officer of
employee;
m.
Controlling the activities of other inmates except in organizations
or groups recognized by prison authorities;
n.
Tattooing himself or allowing himself to be tattooed on any part of
his body. The removal or alteration of tattoos may only be
performed by a prison medical officer upon prior approval by the
Superintendent;
o.
p.
q.
r.
s.
t.
Disobeying legal orders of prison authorities promptly and
courteously;
Threatening, orally or in writing, the life of any employee or prison
official;
Possessing any communication device like a cellular telephone,
pager or radio transceiver;
Constructing, renovating or repairing, with personal funds, a prison
building or structure;
Making frivolous or groundless complaints; and
In general, displaying any behavior which might lead to disorder or
violence, or such other actions that may endanger the facility, the
outside community or others.
SECTION 5. Business activity of inmate. — An inmate shall not engage in business
activities or profession except when authorized to do so in writing by the
Director or the Superintendent. An inmate who was engaged in a business
or profession prior to commitment is expected to assign authority for the
operation of such business or profession to a person in the community. For
this purpose, a business activity shall be used to mean any revenuegenerating or profit-making endeavor.
CHAPTER 2 – PUNISHMENT
SECTION 1. Board of Discipline; composition. — The Director shall establish a Board
of Discipline in each prison to hear cases involving an inmate who violates
prison rules. It shall be presided over by the Assistant Superintendent.
SECTION 2. Procedure in disciplinary cases. — The procedure in handling disciplinary
cases shall be as follows:
a.
b.
c.
d.
e.
f.
g.
The written complaint or report of an aggrieved inmate or any
inmate or prison personnel having knowledge of any breach of
discipline by an inmate shall be filed with the office of the
Superintendent. The complaint or report shall be signed by the
complainant and shall describe the violation and the names of
possible witnesses.
If the Superintendent, after initial investigation, finds that the
complaint or report is baseless, he shall order its dismissal.
Otherwise, he shall endorse the case to the Board of Discipline for
hearing.
The Board of Discipline shall hold sessions as often as necessary. It
shall decide cases referred to it within five (5) working days after
the termination of hearings.
The hearing shall be summary in nature and shall not be bound by
the technical rules of evidence.
The inmate charged with the offense shall be allowed to present
evidence in the hearing.
The decision of the Board of Discipline shall be subject to review
and approval by the Superintendent.
A decision approved by the Superintendent shall be final.
SECTION 3. Protection of inmate from institutional abuse. — An inmate shall be treated
with respect and fairness by prisons employees. He shall be protected
against the following:
a.
b.
c.
d.
e.
the imposition of any cruel, unusual or degrading act as a form of
disciplinary punishment.
corporal punishment;
the use of physical force by correctional officers, except in cases
where the latter act in self-defense, to protect another person from
imminent physical attack, or to prevent a riot or escape;
deprivation of clothing, bed and bedding, light, ventilation,
exercise, food or hygienic facilities; and
forced labor.
SECTION 4. Imposable punishment. — The Board of Discipline shall be authorized to
impose any of the following disciplinary measures on an errant inmate:
a.
b.
c.
d.
Caution or reprimand.
Cancellation of recreation, education, entertainment and visiting
privileges.
Deprivation of GCTA for a specific period.
Change of security status to the next higher category e.g., from
medium to maximum.
SECTION 5. Confinement in disciplinary cell. — If the above corrective measures
prove to be ineffective, an obstinate inmate may be punished by
confinement in a disciplinary cell from one (1) to two (2) months
depending upon the gravity of the offense committed. This punishment
shall only be meted out if the prison medical officer, after examination,
certifies that the inmate is fit to undergo the same or will not adversely
affect his physical or mental health.
SECTION 6. Mitigation of punishment. — For the first disciplinary offense, and if the
inmate's conduct justifies it, the Superintendent may mitigate, suspend or
modify the penalty imposed on an inmate.
SECTION 7. Release from disciplinary cell. — The prison medical officer shall visit
periodically the inmate in the disciplinary cell and shall advise the
Superintendent if the punishment should be terminated on grounds of
physical or mental health.
SECTION 8. Use of instruments of restraint. — Instruments of restraint, such as
handcuffs and strait jackets, shall not be applied as punishment. They shall
only be used —
a.
b.
to prevent an escape during an inmate's transfer or movement; or
to prevent an inmate from harming himself or others, or from
destroying public or private property.
SECTION 9. Limitation on punishment to be imposed on female inmate. — A female
inmate shall not be subjected to disciplinary measures which might
adversely affect her unborn or nursing child.
SECTION 10. Disciplinary punishment to form part of record of an inmate. — The
penalty imposed by the Board of Discipline shall form part of the carpeta
and prison record of an inmate.
CHAPTER 3 - INMATE INTERVIEW
SECTION 1. Request for inmate interview. — A representative of the news media may
file a written request with the Superintendent for a personal interview of an
inmate. The request shall be filed at least three (3) days before the
proposed interview.
SECTION 2. Notification and consent of inmate to be interviewed. — The
Superintendent shall notify the inmate sought to be interviewed of the
request, and shall obtain from said inmate a written consent for the
interview.
SECTION 3. Prerequisite to approval of request. — As a prerequisite to approving a
request for the interview of an inmate, the media representative or news
organization shall give the prison administration the opportunity to
respond to comments made by the inmate in the interview and to release
information to the news media relative to the inmate's comments.
SECTION 4. Action on request for interview. — The Superintendent shall act on the
request for interview within twenty-four (24) hours from receipt thereof,
provided that a request to interview an NBP or CIW inmate shall require
the favorable recommendation of the Director and the approval of the
Secretary. (Delegated to the Director General pursuant to Department
Order 015)
SECTION 5. Denial of request for interview. — The Superintendent may deny the
request for interview in any of the following instances:
a.
The media representative, or news organization making the request
does not agree to abide by the conditions prescribed under these
Rules or by the Superintendent for the conduct of the interview.
b.
The inmate is physically or mentally unable to participle. This must
be supported by the prison medical officer's statement (a
psychologist may be used to verify mental incapacity).
c.
The inmate is below eighteen (18) years of age and written consent
has not been obtained from the inmate's parent or guardian.
d.
The inmate is the accused or is otherwise involved in a pending
criminal case.
e.
The interview, in the opinion of the Superintendent, will endanger
the health or safety of the interviewer, or would probably cause
serious unrest or disturb the good order of the prison.
SECTION 6. Interviews, where and when held. — The interviews of an inmate shall be
conducted during normal visiting hours in a place to be designated by the
Superintendent.
SECTION 7. Limitations on Media. — The Superintendent may limit the number of
audio, video and film equipment or the number of media personnel
entering the prison if he finds that their entry will create a disruption inside
the prison.
SECTION 8. Filming of interview. — If photographs or film or video footage will be
taken during the interview, the inmate concerned shall be in proper
uniform and no frontal shots of the inmate or interior shots of prison
buildings and dormitories shall be taken.
SECTION 9. Waiver of liability. — Before an interview, the interviewer shall execute a
waiver exempting prison authorities from any liability arising from death
or any injury sustained while inside the prison.
SECTION 10. Non-payment of inmate who is interviewed. — The inmate who is
interviewed may not receive monetary compensation or anything of value
for media interviews which he may give.
SECTION 11. Interview of death convict. — Television, radio and other media interviews
of a death convict is prohibited.
PART V - REHABILITATION AND TREATMENT OF INMATES
CHAPTER 1 - PRELIMINARY PROVISIONS
SECTION 1. Conduct of rehabilitation and treatment programs. — The Bureau shall
undertake rehabilitation and treatment programs to help an inmate lead a
responsible, law-abiding and productive life upon release. Efforts shall be
made to ensure an optimum balance between the security of the prison and
the effectiveness of treatment programs. Inmate and public safety, and the
requirements for effective custody, shall, however, take precedence over
all other activities at all times and shall not be compromised.
SECTION 2. Rehabilitation and treatment programs. — Rehabilitation and treatment
programs shall focus on providing services that will encourage and
enhance the inmate's self-respect, self-confidence, personal dignity and
sense of responsibility.
SECTION 3. Guidelines for rehabilitation and treatment programs. — The following
guidelines shall be observed in the establishment of rehabilitation and
treatment programs for inmates —
a.
Corrective and rehabilitation services shall include religious
guidance; psychotherapy; socialization; health and sanitation;
vocational training; mental, physical and sports development; and
value formation and education.
b.
c.
d.
e.
Programs and activities for offenders with special needs shall be
placed under the supervision of a social welfare officer in
coordination with other correctional officers with special skills and
specialized training.
A regular calendar of activities shall be observed.
The Superintendent shall be periodically informed on the progress
or result of the rehabilitation and treatment programs being
implemented.
There shall be a special wing for neuro-psychiatric patients in a
prison hospital to be placed under the special supervision of a
medical officer. The latter shall submit a weekly report on the
patients therein and may recommend the necessary transfer of a
mental patient to a better-equipped government hospital.
CHAPTER 2 - INMATE SERVICES
SECTION 1. Inmate services. — As part of the prison rehabilitation and treatment
program, the inmate shall be guaranteed access to health, educational,
religious, and related rehabilitation services.
SECTION 2. Health services. — Health care and services shall be given to inmates
similar to those available in the free community and subject to prison
regulations. A prison shall have at least one qualified medical doctor and a
dentist.
SECTION 3. Medical consultation and visiting hours. — Medical consultation and
visiting hours shall be established by the Superintendent in consultation
with the medical staff.
SECTION 4. Basic guidelines on medical consultations. — The following guidelines
shall be observed whenever an inmate visits a prison hospital/clinic for
consultation and/or treatment —
a.
The inmate shall be in proper uniform during consultations.
b.
He shall be attended to on a "first-come, first-served" basis.
c.
The number of inmates allowed at the hospital/clinic for
consultation/treatment shall depend on the number of available
doctors.
d.
An inmate shall be subjected to a body search upon entering and
leaving the prison hospital/clinic.
e.
In emergency cases, only the medical staff and the patient shall be
allowed inside the emergency room.
f.
An inmate shall not loiter in the hospital/clinic or leave the same
without permission from the medical staff.
g.
Visitors of inmates shall not be allowed to stay inside the
hospital/clinic to attend to the sick inmate without the permission
of the prison medical staff.
h.
Children below twelve (12) years of age shall not be allowed to
stay inside a hospital ward or treatment room.
i.
Patients in the hospital shall not be required to stand for checking.
SECTION 5. Pregnant CIW inmates. — In the CIW, there shall be special
accommodations for pregnant women. Whenever practicable, however,
arrangements shall be made for children to be born in a hospital outside
the prison.
SECTION 6. Infant born to a CIW inmate. — An infant born while the mother is serving
sentence in the CIW may be allowed to stay with the mother for a period
not exceeding one (1) year. After the lapse of said period, if the mother of
the infant fails to place the child in a home of her own, the Superintendent
shall make arrangements with the Department of Social Welfare and
Development or any other social welfare agency for the infants's care. As
far as practicable, the CIW shall have a nursery staffed by qualified
personnel.
SECTION 7. Recommendation for release of seriously-ill inmate. — The prison medical
officer shall visit all sick inmates daily and attend to those who complain
of any ailment. He shall render a report to the Superintendent whenever he
considers that an inmate's mental or physical health has been or will be
injuriously affected by continued imprisonment or by any condition of
confinement.
SECTION 8. Notification of kin of sick or dead inmate. — Whenever an inmate is
critically ill or dies, the prison medical officer shall report the matter to the
Superintendent who in turn shall notify the inmate's family by the fastest
means of communication available.
SECTION 9. Meals in hospital/clinic. — Meals shall be served in a prison
hospital/clinic at the same time that food is served to the other inmates,
unless directed otherwise by the prison medical officer. Inmates assigned
to work in the hospital/clinic shall be provided with food rations coming
from the General Kitchen.
SECTION 10. Referral of inmate for outside medical consultation/treatment. — An
inmate who needs medical treatment or examination that cannot be
provided in the prison hospital may be referred to a hospital/clinic outside
the prison for the needed examination, treatment or hospitalization. The
expenses for the outside medical referral shall be borne by the inmate.
During said referral, the inmate shall be accompanied by a member of the
prison's medical staff. (
SECTION 11. Medical certification. — The outside medical examination, treatment or
hospitalization of an inmate shall be supported by a certification of the
prison medical officer or if there is none, by a government physician,
which shall specify the exact ailment of the inmate, the treatment or
examination required, the duration of the hospitalization that may be
required, and shall certify that the ailment cannot be properly attended to
in the prison hospital, Provided, that in the case of an NBP or CIW inmate,
the request for outside medical referral shall be forwarded by the Director
to the Secretary for approval at least one (1) day before the proposed
referral. (Supplement by Memorandum from Secretary of Justice dated 10
April 2013)
SECTION 12. Referral to government hospital. — Unless absolutely necessary an inmate
shall be referred to a government clinic, hospital or institution for the
required examination, treatment or hospitalization. If the referral is made
to private institution, the expenses incident thereto shall be borne by the
inmate.
SECTION 13. Outside referral for dental work. — Except in emergency cases, no dental
work for an inmate shall be done outside the prison, and in cases of
restoration work, expenses shall be borne by the inmate.
SECTION 14. Donation of human organ; form of donation. — The Director may
authorize an inmate to donate to a licensed physician, surgeon, known
scientist or any medical or scientific institution, including eye banks, and
other similar institutions, any organ, part or parts of his body and to utilize
the same for medical, surgical or scientific purposes, or for the utilization
for medical, surgical, or scientific purposes, of said organ, or body part or
parts which, for a legitimate reason, would be detached from the body of
the grantor, subject to the following conditions:
a.
the organ or body part or parts being donated shall be detached
after the death of the inmate;
b.
the authorization to detach or use the organ or body part or parts
shall be in writing; specify the person or institution granted the
authorization, the organ, part or parts to be detached, the specific
use or uses of the organ or body part or parts to be employed; and
shall be signed by the inmate and attested by two disinterested
witnesses.
c.
the donation is approved by the proper court.
SECTION 15. Disposition of cadaver of deceased inmate. — Unless claimed by his
family, the body of an inmate who dies in prison may be turned over to an
institution of learning or any scientific research center designated by the
Secretary, for the purpose of study and investigation, provided that such
institution shall provide a decent burial of the remains. Otherwise, the
Bureau shall order the burial of the body of the inmate at government
expense, granting permission to the members of the family and friends of
the inmate to be present thereat. If the body is claimed by the family, all
expenses incident to the burial shall be at the expense of the family.
SECTION 16. Burial of convict. — In no case shall the burial of a convict be held with
pomp.
SECTION 17. Adult education. — All illiterate inmates shall attend adult education
classes. Literate inmates may attend classes corresponding to their
educational level.
SECTION 18. Educational programs for inmates. — A prison may offer any or all of the
following educational programs:
a.
b.
c.
d.
Elementary education;
Secondary education program to prepare students to successfully
pass the required tertiary level qualification examination and to
receive a regular high school diploma. A student will have
completed the program when all the credits required for a regular
high school diploma from an accredited institution have been
earned;
College education; and
Vocational training.
SECTION 19. Certificate of completion. — The inmate shall be issued a
certificate/diploma upon successful completion of an educational program
or course. The certificate shall form part of his prison record.
SECTION 20. Recreational and cultural activities. — Recreational and cultural activities
shall be provided in all prisons for the benefit of the mental and physical
health of the inmate.
CHAPTER 3 - INMATE ORGANIZATIONS
SECTION 1. Purpose and scope. —The Bureau shall allow inmates to participate in
approved, inmate organizations for recreational, social; civic, and
benevolent purposes.
SECTION 2. Application for recognition of an inmate organization. — An inmate may
file a written request for recognition of a proposed inmate organization to
the Superintendent.
SECTION 3. Approval of an inmate organization. — The Superintendent may approve
an inmate organization if he finds that —
a.
The organization has a constitution and by-laws duly approved by
its members; the constitution and by-laws must include the
organization's purpose and objectives, the duties and
responsibilities of its officer(s), and the requirements for activities
reporting and operational review; and
b.
The organization does not operate in opposition to the security,
good order, or discipline of the prison.
SECTION 4. Supervision of inmate organization. — The Assistant Superintendent shall
be responsible for monitoring the activities of the prison's inmate
organizations.
SECTION 5. Dues. — The inmate organization may not collect dues from its members.
SECTION 6. Organization activities. — An officer of the inmate organization must
submit a written request for approval of an activity to the Superintendent.
Activities include, but are not limited to, meetings, guest speakers, sports
competitions, banquets, or community programs. Activities may not
include fund-raising projects. The request must specifically include:
a.
Name of the organization;
b.
c.
d.
e.
f.
Nature or purpose of the activity;
Date, time, and estimated duration of the activity;
Estimated cost, if any;
Information concerning guest participation; and
Other pertinent information requested by the Superintendent.
SECTION 7. Approval of activity. — The Superintendent may approve an activity of an
inmate organization if the same:
a.
does not conflict with scheduled inmate work or program activities;
b.
has confirmation of staff supervision;
c.
can be appropriately funded when applicable; and
d.
does not conflict with the security, good order, or discipline of the
prison.
SECTION 8. Use of government funds for activity. — When an activity of an inmate
organization requires the expenditure of government funds, the
Superintendent ordinarily shall require reimbursement from non-inmate
participants, including civilian guests or members.
SECTION 9. Records of inmate organization. — Each inmate organization shall be
responsible for maintaining accurate records of its activities.
SECTION 10. Suspension of activities of inmate organization. — The activities of an
inmate organization may be suspended temporarily by the Superintendent
due to non-compliance with Bureau rules and/or policies. The inmate
organization concerned shall be notified in writing of the proposed
suspension sanction and shall have the opportunity to respond to the
Superintendent. Continued noncompliance with Bureau rules and/or
policies shall result in an increase in the severity of the suspension
sanction, and may include withdrawal of the approval granted to the
organization.
SECTION 11. Withdrawal of approval of an inmate organization. — The Superintendent
may withdraw approval of an inmate organization for reasons of the
security, good order, and discipline of the prison, or for serious or
continuous violation of prison rules and/or policies.
SECTION 12. Funding of activities. — The Bureau may fund approved activities of
inmate organizations or organization requests for purchase of equipment or
services for all inmates subject to the availability of funds.
PART VI - RELEASE OF INMATE
SECTION 1. Basis for release of an inmate. — An inmate may be released from prison:
a.
upon the expiration of his sentence;
b.
by order of the Court or of competent authority; or
c.
after being granted parole, pardon or amnesty.
SECTION 2. Who may authorize release. — The following are authorized to order or
approve the release of inmates:
a.
b.
c.
d.
the Supreme Court or lower courts, in cases of acquittal or grant of
bail;
the President of the Philippines, in cases of executive clemency or
amnesty;
the Board of Pardons and Parole, in parole cases; and
the Director, upon the expiration of the sentence of the inmate.
SECTION 3. Approval by Director of release. — An inmate shall only be released by
the Superintendent with the approval of the Director.
SECTION 4. Verification of identity of inmate to be released. — Before an inmate is
released, he shall be properly identified. His fingerprints and other
identification marks shall be verified with those which were taken when he
was admitted in prison, and any change in his distinguishing marks since
said admission.
SECTION 5. Documentary basis for release. — An inmate shall not be released on the
basis of authority relayed through telegram or telephone. Inmates to be
released by reason of acquittal, dismissal of the case, the filing of bond or
the payment of indemnity shall only be released upon receipt by the
Superintendent of a written order bearing the seal of the court and duly
signed by the clerk of court or by the judge thereof. The release order shall
bear the full name of the inmate, the crime charged, the number of the
case, and such other details as will enable the releasing officer to properly
identify the inmate to be released.
SECTION 6. Prompt release of inmate. — An inmate shall be released without delay.
However, before releasing an inmate who is suffering from a
communicable disease or mental derangement, and who cannot defray the
expenses of his treatment, the Superintendent shall take the necessary steps
to arrange for the follow-up treatment of the inmate in an appropriate
government institution.
SECTION 7. Release of foreign national. — The Director shall notify the Commissioner
of Immigration of the release of an inmate who is a foreign national. At
least thirty (30) days before the approximate date of release, the Director
shall furnish the Commissioner of Immigration with certified copies of the
court decision in the case of the alien inmate, a synopsis of his prison
record, and the expected date of release.
SECTION 8. Release of inmate with pending criminal case. — If the inmate to be
released has a pending criminal case, the Director shall inform the court
where the case is pending of the inmate's discharge from prison at least
thirty (30) days before the actual date of release. In the proper case, the
Director shall turn over the inmate to the proper court where the inmate
has a pending criminal case for disposition.
SECTION 9. Prohibited release of inmates before and after election. — The Director
shall not order or allow an inmate to leave prison sixty (60) days before
and thirty (30) days after an election except for valid or legal reasons.
SECTION 10. Separation and Placement Center. — An inmate shall, thirty (30) days
before his scheduled date of release, be transferred to the Separation and
Placement Center to prepare him for reentry into free society, provided he
is not under punishment or an escape risk, and is cleared of his government
property accountability.
SECTION 11. Pre-release seminar. — All inmates eligible for release shall undergo a
one-day seminar in preparation for his life outside prison.
SECTION 12. Assistance to inmate to be released. — Upon release of the inmate, he
shall be supplied by the Bureau with transportation to his home, including
a gratuity to cover the probable cost of subsistence en route, and if
necessary, a suit of clothes.
SECTION 13. Transmittal of carpeta and prison records. — In executive clemency and
parole cases, the Director shall forward the carpeta and prison record of an inmate to the
Board within the following periods:
a.
for commutation of sentence — at least one (1) month before the
expiration of one-third (1/3) of the minimum period of the inmate's
indeterminate sentence and in special cases, at least one (1) month
before the periods specified by the Board.
b.
for conditional pardon — at least one (1) month before the
expiration of one-half (1/2) of the minimum period of the inmate's
indeterminate sentence and in special cases; at least one (1) month
before the periods as the board may specify.
c.
for parole — at least one (1) month before the expiry date of his
minimum sentence.
BOOK II - CODE OF ORDERS
PART I - ORGANIZATION OF BUREAU, RESPONSIBILITIES AND DUTIES OF
CORRECTIONS OFFICIALS
SECTION 1. Director and Assistant Director of the Bureau. — The Bureau is headed by
the Director of Corrections who is assisted by two (2) Assistant Directors,
one for Administration and Rehabilitation and one for Prisons and
Security. The Director and Assistant Directors of the Bureau shall be
appointed by the President of the Philippines upon recommendation of the
Secretary. (Repealed by RA 10575)
SECTION 2. Functions of Director. — The Director shall have the following functions:
a.
Act as adviser of the Secretary on matters relating to the
formulation and execution of penal policies, plans, programs and
projects;
b.
c.
d.
e.
f.
Administer and execute the laws relating to prisons and its inmates
and enforce the rules and regulations governing the operations and
management of prisons;
Exercise administrative supervision of prisons;
Recommend to the Board of Pardons and Parole inmates who are
qualified for the grant of parole, pardon and other forms of
executive clemency;
Exercise supervision and control over the constituents units and
personnel of the Bureau; and
Issue directives and instructions in accordance with laws, rules and
regulations that will effectively and efficiently govern the activities
of the Bureau and its personnel.
SECTION 3. Functions of Assistant Director. — The Assistant Director shall have the
following functions:
a.
Assist the Director in the formulation and implementation of the
Bureau's objectives and policies;
b.
Coordinate and ensure the economical, efficient and effective
administration of the programs and projects of the Bureau;
c.
Assume the duties of the Director in the latter's absence; and
d.
Perform such other function as may be assigned by the Director.
SECTION 4. Organizational structure of Bureau. — The Bureau shall carry out its
functions through the following prisons and administrative divisions:
a.
Prisons
i.
New Bilibid Prison (NBP), Muntinlupa City
ii.
Correctional Institution for Women, Mandaluyong City
iii.
Leyte Regional Prison, Abuyog, Leyte
iv.
Davao Prison and Penal Farm, Panabo, Davao del Norte
v.
San Ramon Prison and Penal Farm, Zamboanga City
vi.
Sablayan Prison and Penal Farm, Sablayan, Mindoro
Occidental
vii.
Iwahig Prison and Penal Farm, Puerto Princesa City,
Palawan
b.
Staff Offices
i.
Administrative Division
ii.
Management Division
iii.
General Services Division
iv.
Accounting Division
v.
Supply Division
vi.
Budget and Finance Division
vii.
Medical Coordinator's Office
viii. Legal Office
ix.
Reception and Diagnostic Center.
SECTION 5. Medical officer of a prison and penal/regional prison. — There shall be a
prison medical officer who shall inspect/supervise the following:
a.
quantity, quality, preparation and serving of food rations of
inmates;
b.
c.
d.
hygiene and cleanliness of the prison and its surroundings;
sanitation, lighting and ventilation of the prison; and
observance of the rules concerning physical education and sports.
SECTION 6. Social worker. — A prison shall have a licensed social worker who shall
conduct social case studies and referral services and engage in volunteer
resource development activities. He shall assist in the implementation of
rehabilitation programs of inmates and shall maintain updated information
on the results of the treatment program being implemented for individual
inmates.
SECTION 7. Chaplaincy service. — There shall be a prison chaplaincy service which
shall promote religious education, worship services, guidance and
counseling as well as the organization of religious volunteer groups. The
Service shall, as far as practicable, ensure compliance with the specific
requirements such as dietary restrictions, medical treatment, work
assignment and other ethical beliefs and practices of a particular religion
or faith.
SECTION 8. Duties of chaplains. — All chaplains, regardless of their faith orientation,
shall minister as an effective pastoral team to an entire inmate population.
They shall, among others, have the following duties and responsibilities:
a.
Provide individual and personal counseling;
b.
Lead worship and prayer gatherings of his or her own faith
traditions;
c.
Supervise religious inmate services and meetings; and
d.
Respond to identified spiritual and religious needs of inmates.
SECTION 9. Recognition of religious group. — A religious group which has a sufficient
number of members as determined by the Superintendent shall be allowed
to have a qualified, appointed representative to the chaplaincy. Qualified
religious representatives shall be encouraged and allowed to hold pastoral
visits and services in the prisons.
SECTION 10. Release of information. — The Superintendent shall promptly make
announcements to media of unusual, newsworthy incidents such as escapes
and institution emergencies. Upon request, he may provide the following
information about an inmate:
a.
Name;
b.
Prison number;
c.
Place of confinement;
d.
Age;
e.
Conviction and sentencing data: this includes the offense(s) for
which convicted, the court where convicted, the date of sentencing,
the length of sentence(s), the date of expiration of sentence, and
previous convictions.
SECTION 11. Press pools. — The Superintendent may establish a press pool whenever
the frequency of requests for interviews reach a volume that warrants
limitations. In such a case, the Superintendent shall notify all news media
representatives who have requested interviews or visits that have not been
conducted. Selected media representatives may be admitted to prison as a
pool to conduct the interviews under the specific guidelines established by
the Superintendent.
SECTION 12. Composition of press pool. — The members of the press pool shall be
selected by their peers and shall consist of not more than two (2)
representatives from each of the following groups:
a.
The national and international news services;
b.
The television and radio networks and outlets; and
c.
The news magazines and newspapers.
If no interest is expressed by one or more of these groups, no
representative from such group need be selected.
All news material generated by a press pool shall be made available to
media without right of first publication or broadcast.
PART II - DUTIES OF MEMBERS OF CUSTODIAL FORCE
SECTION 1. Correctional objectives. — In the performance of their duties, prison
officers and guards shall observe the following objectives:
a.
The social reorientation of the inmates for successful participation
in modern community life after release; and
b.
Their vocational rehabilitation in order that they may exist as selfsustaining members of the community where they may reside,
whatever limiting factors their status as ex-inmates may be.
SECTION 2. Duties of custodial officers. — To carry out the objectives mentioned
above, custodial officials and guards shall perform the following duties:
a.
Superintendent
i.
He is charged with the supervision of the entire prison.
ii.
He shall strictly enforce all laws and rules and regulations
relating to prisons.
iii.
He shall be responsible to the Director for the management
of the prison, the safe custody of inmates, the proper care of
all prison buildings and other properties, and the
economical and proper expenditure and use of prison funds
and materials.
iv.
He shall utilize the labor of all the inmates to serve the best
interest of the public service. He shall promote the useful
employment and industrial training of inmates.
v.
He shall report promptly in writing to the Director any
escape, or any attempt or preparation to escape, the
discovery or confiscation of dangerous tools from an
inmate, fires, accidents, or any important occurrence.
vi.
He shall observe the conduct of the prison officers and
guards and require faithful execution of their duties.
vii.
viii.
ix.
x.
xi.
xii.
xiii.
xiv.
xv.
b.
He shall immediately report to the Director any irregularity
or misconduct of a prison official or guard and if warranted,
investigate and proceed administratively against an errant
official or guard in accordance with Civil Service law, rules
and regulations.
He shall look after the health and well-being of prison
officers and guards.
He shall reside in the quarters assigned to him and shall not
stay out overnight unless the Assistant Superintendent is
present.
He shall receive all reports and complaints of prison
officials, guards and inmates and forward the same without
delay to the Director with his comments and
recommendations.
He shall maintain at all times control over the inmates, and
to permit no disobedience. He shall comfort himself so as to
maintain a positive influence over them, which, whenever
the occasion may require, he shall exert by his personal
presence.
He shall see to it that all inmates are treated with strict
impartiality.
He shall allow visits to inmates in accordance with prison
rules and regulations and general orders and shall ensure
that proper entries concerning the visitors are made in the
prescribed book.
He shall give all necessary directions for the reception and
release of inmates.
He shall pay attention to the illumination ventilation,
drainage, water supply and sanitary condition of the prison
and take such measures as may be necessary for their being
maintained in perfect order.
The Assistant Superintendent
i.
He is the officer next in authority to the Superintendent and
shall be responsible to the Superintendent for the discipline
and cleanliness of his division.
ii.
He shall discharge the duties of the Superintendent during
the absence of the latter.
iii.
He shall see to it that prison regulations and orders are
carried out and that due order and discipline are enforced.
iv.
He shall act as Chairman of the Board of Officers in the
hearing of administrative cases against prison employees
and guards.
v.
He shall ensure that guards are properly dressed and armed
before going to their posts.
vi.
He shall give constant attention to the security of the prison.
vii.
He shall see to it that subordinate officials and guards
perform their respective duties and that they are acquainted
with the special orders pertaining to each post. He shall
viii.
ix.
x.
xi.
xii.
xiii.
xiv.
c.
visit frequently all parts of the prison and see to it that the
inmates are orderly and industrious.
He shall detail any officer or guard on a post to perform any
other duty which may be required from time to time.
He shall supervise the search for contraband and assure
himself that the prison is secure.
He shall visit all inmates under observation or locked up for
punishment at least twice a day and make sure that any
special instruction in regard to said inmates is carried out
fully.
He shall investigate any report or complaint made to him by
a keeper or a guard or an inmate and report the matter
immediately to the Superintendent.
He shall inform the Superintendent of all matters relating to
the prison if he has dealt with them himself. Nothing shall
be considered as trivial.
He shall instruct, when necessary, all custodial officers and
guards in any post on their duties.
He shall be the medium of communication between the
custodial officers and guards and the Superintendent and
shall bring the attention of the Medical Officer to any
inmate whom he considers to be sick or of unsound mind.
Chief Overseer
i.
He shall supervise keepers in their respective departments,
and inspect all prison wards and cells under his supervision,
ascertaining and requiring of the keepers, at all times, to
comply strictly with their assigned duties. He shall
promptly report in writing to the Superintendent any
observed delinquency or instance of neglect on the part of a
keeper.
ii.
He shall keep a record of inmates assigned to the different
departments, showing the brigade or cell in which each is
confined, the shop or place where the inmate is working,
the date of entrance into prison for confinement, the
sentence, the date of sentence, the crime and such other
information as he may be directed by the Superintendent to
secure.
iii.
He shall see to it that the morning and evening counts of
inmates by the keepers are promptly and correctly made.
iv.
He shall see to it that all keepers, upon their entrance into
the prison for duty, are in the prescribed uniform.
v.
He shall keep a record of the assignment of inmates in
confinement.
vi.
He shall record all breaches of discipline committed by an
inmate.
vii.
In the NBP, he shall select qualified inmates for assignment
to a prison and penal farm or regional prison as the
Superintendent may direct.
viii.
ix.
x.
He shall supervise the requisition and issue of clothing or
equipment to inmates.
He shall attend to the basic needs of inmates.
He shall supervise the work of the Mailing Section and the
censorship of letters and other mail matters of inmates.
d.
Commander of the Guards
i.
He shall be in charge of the prison custodial force and
execute orders and instructions of the Director and the
Superintendent.
ii.
He shall train and instruct new guards on their duties, and
shall be responsible for the discipline and behavior of the
guards under him.
iii.
He shall supervise the duty assignments of personnel under
him and shall act as the secretary of the Board of Officers in
hearing administrative cases against any prison employee or
guard.
iv.
The protection, peace and order of the prison compound
and of the prison reservation shall be his concern.
v.
He shall help conduct preliminary investigations and make
reports of all untoward incidents inside the prison
reservation, and perform such other assignments that may
be given to him by the Superintendent.
vi.
He shall act as prison ordinance officer and shall be held
responsible for the safekeeping and maintenance of all
firearms and ammunition in the prison armory.
vii.
He shall look into the welfare of the guards as a whole.
e.
Inspector of the Guard
i.
The Senior Inspector shall serve as alternate Officer of the
Day and under the orders of the Superintendent, have
supervision over the zone inspector, keepers and guards on
duty, and of the policing the prison and performing such
other duties as may be assigned to him by the
Superintendent.
ii.
The Inspector-at-large shall inspect all guards entering upon
a tour of duty, and shall see to it that they are properly
equipped, in the prescribed uniform, and that they comply
strictly with such verbal instructions as are given to them by
the Superintendent and the Officer of the Day
iii.
The Inspector-at-large shall be responsible for the
discipline, orderliness and sanitation of his zones within the
prison compound and see to it that all prison rules and
regulations are strictly enforced.
iv.
All inspectors shall conduct an hourly inspection of all
buildings in the prison compound where there may be any
danger from fire at night, and as often during the day as
may consistent with their duties.
f.
Guard
i.
ii.
iii.
iv.
v.
vi.
g.
A guard shall live in the quarters within the prison
reservation to which he is assigned, unless special
permission is granted by the Director or the Superintendent
to reside elsewhere. He shall occupy the quarters assigned
for his use and that of his family, and it shall be their duty
to see that their quarters are kept in a clean orderly
condition. Unmarried guards or bachelors shall reside in the
guards' quarters.
No one shall be allowed to enter the guards' quarters unless
his duties require him to do so and those entering the same
shall conduct themselves so as not to disturb the guards
therein.
A Guard shall be a.) vigilant; b.) comply strictly with his
orders; and c.) perform his duties promptly. Failure to
observe these requisites shall be cause for disciplinary
measures.
There shall be three (3) shifts for guards with each guard
having a tour of duty of eight (8) hours. One-third (1/3) of
the guards in each shift shall be detailed on reserve duty for
a period of eight (8) hours prior to entrance to duty. The
guard on reserve shall stay in the Administration Building
ready for any call.
He shall be responsible for the serviceable condition of the
equipment in his possession as well as for all government
property belonging to the post. Firearms shall be kept clean,
well-oiled and in perfect condition.
A list of all properties for which guards are responsible
shall be placed in the tower posts. A relief guard upon
entering into duty shall check if all such properties are
being turned over and that they are serviceable. Any
deficiency shall be immediately reported to the inspector on
duty who, in turn, shall request the property office or the
armorer to replace the unserviceable or missing property.
Keeper
i.
He shall be responsible for the locking of inmates in his
brigade. He shall keep a correct count of the inmates in his
brigade or cells and promptly report any absentees found at
the morning or evening counts to the Chief Overseer, who
shall in turn report the same to the Superintendent.
ii.
He shall have the flooring of his brigade scrubbed at least
twice a week and that of the bottom landing, daily.
iii.
He shall ensure that all cells are clean and that the toilets
and bathrooms are thoroughly scrubbed and cleaned
everyday.
iv.
He shall exercise utmost diligence in searching for
contraband articles. Nothing must be overlooked nor taken
for granted as correct.
v.
He shall examine all belts, bars, locks and doors of the
brigade and satisfy himself as to their security.
vi.
vii.
viii.
ix.
x.
h.
i.
He shall be under the direct supervision of the Chief
Overseer and the Officer of the Day and the Inspector on
Duty.
He shall superintend the policing of brigades and parts of
the prison yard which are in the immediate vicinity of his
brigade.
He shall enter in the book provided for the purpose any
breach of discipline by an inmate. If the violation is serious
or repeated after the inmate had been warned, he shall
immediately report the same to the Officer of the Day.
He shall make an hourly inspection of the brigade and cells
under his charge and shall not allow an inmate to remain
therein during working hours unless assigned to work
therein as room orderlies or when directed to remain by
proper authority.
He shall supervise the proper and equitable distribution of
food to the inmates in a brigade.
Yard Guard
i.
He shall see to it that the work assigned to inmates
occupying the yards is properly performed.
ii.
He shall see to it that the yards are clean and in sanitary
condition, and that all conveniences and facilities are in
order.
iii.
He shall pay particular attention to yards occupied by
inmates under training, drilling or performing a special
work assignment.
iv.
When necessary to unlock any yard gate or door, he must
not leave the gate or door until he has locked it again.
v.
He shall keep the area under his charge free from any pieces
of iron or any scrap material that may be used as deadly
weapons by inmates.
vi.
He shall keep a close watch of inmates within his line of
vision and promptly report any untoward event or
suspicious movement of inmates to the nearest officer.
Gate Guard
i.
He shall always be mindful of the importance of his post
and strictly discharge his assigned duties.
ii.
He shall never open the gate until he has ascertained the
identity of the person seeking admission and assures
himself that the person has been authorized to enter.
iii.
He shall open and close a gate or door as quietly as
possible.
iv.
He shall keep a correct record of all persons who pass
through the gate including the officers of the prison, and
also a record of all visitors and the period they remained
inside the compound.
v.
He shall enter all articles received at the gate in the book
provided therefor and shall satisfy himself that no
contraband is allowed entry.
vi.
vii.
viii.
ix.
x.
j.
k.
At the control gate, the front door shall never be opened
while the other door is open or vice versa.
He shall not allow an inmate, even one due for release, to
pass through that gate unless authorized by the Officer of
the Day.
He shall not allow firearms of any kind to enter the prison.
Firearms of prison officers and employees, as well as
visitors, shall be kept or deposited at the entrance gate.
He shall see to it that all inmates are properly searched in
going in or out of the prison.
He shall see that all official visitors sign the visitor's book.
Should any visitor refuse to sign the visitor's book, the
visitor shall not be allowed entry. He shall immediately
report the incident to the Officer of the Day for disposition.
Guards at the Main Gate or Outpost
i.
He shall closely observe civilians entering the prison
reservation, make inquiries as to the purpose of their visit.
ii.
He shall see to it that all civilians coming in during visiting
days are thoroughly searched and that they are not armed.
He shall seize and issue receipts for all contraband and
prohibited articles found in their possession.
iii.
He shall enter in the log book the names of officers and
employees going in and out of the reservation, and
indicating therein the exact time of their departure and
arrival.
iv.
He shall check carefully all trip tickets of prison vehicles,
as well as the passes corresponding to the number of
inmates being brought out under guard.
v.
Gate officers may refuse entry to any vehicle if they believe
the occupants do not have a legitimate purpose in visiting
the area or if the vehicle contains cargo that pose security
risks.
Pointers for All Guards
i.
A guard shall observe the provisions of Republic Act No.
6713, otherwise known as the "Code of Conduct and
Ethical Standards for Public Officials and Employees" and
its implementing rules.
ii.
He shall familiarize himself with the provisions of this
Manual and shall conduct himself in accordance with its
provisions and precepts. He shall understand the limits of
his authority and responsibilities. In case of doubt, he shall
consult his immediate supervisor.
iii.
A guard shall execute an appropriate hand salute and
address as "Sir" the following officers of the Bureau:
Director, Assistant Director; assistants to the Director,
Executive Officer, Superintendent and Assistant
Superintendent, Chiefs of Divisions, Inspectors and
Sergeants of the guard.
iv.
v.
vi.
vii.
viii.
ix.
x.
xi.
xii.
xiii.
xiv.
He shall stand at attention and salute the National Colors or
standards not cased, and when the national anthem is
played.
He shall be neat in his appearance. If in uniform, the same
shall be neat, well-pressed, and worn smartly. When
performing his duties outside the prison premises, he shall
be in complete and proper uniform and if traveling in
uniform, shall display utmost courtesy towards civilians. He
shall have regulation hair cut.
He shall read the prison bulletin board preferably before his
tour of duty.
He shall familiarize himself with the proper operation and
maintenance of the firearm and instruments of restraint he
may be called upon to use.
He shall not lend the firearm issued to him to anyone or
borrow someone else's firearm, except when authorized to
do so.
While on duty, he shall bring with him thirty (30) rounds of
ammunition and must not expend them unless absolutely
necessary, or with permission from higher authority.
He must avoid unnecessary firing of his firearm.
He shall immediately report to the armorer any loss or
expenditure of ammunition, loss or destruction of firearm or
its accessories, or any government property issued to him or
under his charge.
He shall beat the point of assembly at least five (5) minutes
before the appointed time of assembly. If he is late in the
formation, he must report to the Officer-In-Charge upon
arrival and again, after dismissal.
If he will be unable to report for duty, he shall report the
same to the Sergeant or Inspector of the Guard at least two
(2) hours before the time of assembly.
If the guard feels indisposed, he must immediately report to
the prison hospital for examination/treatment. If he will not
be able to attend to his duties on account of illness, he must
secure a medical certificate to that effect and present it to
the proper authority at the first available opportunity.
SECTION 3. Administrative liability of guard. — A guard shall be liable to
administrative disciplinary action for acts punishable under the provisions
of this Manual, the Civil Service Law and its implementing Rules and
Regulations.
PART III - CUSTODIAL AND SECURITY PROCEDURES
SECTION 1. Security conditions of confinement facility. — All doors, bars, windows
and locks of security facilities shall be examined regularly to insure their
integrity and good condition. All prison personnel, regardless of
assignment, shall be responsible for the security of prison facilities. They
shall immediately report any sign of defector deterioration in the security
system to their immediate supervisor.
SECTION 2. Perimeter fences. — Maximum and medium security compounds must
maintain two parallel security barriers or perimeter fences provided with
sufficient lighting fixtures to prevent escapes or jail breaks. These shall be
periodically inspected by the general services division and the commander
of the guards. Electrified fences shall be equipped with warning signs to
avoid accidental injury to both custodial personnel and visitors.
SECTION 3. Vehicle control. — Privately-owned vehicles of employees and residents
of a prison reservations shall be provided with security tags or stickers for
proper identification and clearance at the entry and exit gates. All other
transportation must be checked for both passengers and cargo.
SECTION 4. Vehicular access to prison compounds. — No privately-owned vehicle
shall be allowed access to a prison compound except upon prior written
clearance from the Superintendent. All vehicles shall be checked at the
inner and outer gates upon entry and exit.
SECTION 5. Inmate head count. — A head count of inmates shall be conducted four (4)
times a day or as often as necessary to ensure that all inmates are duly
accounted for.
SECTION 6. Procedure for inmate count. — The procedure for conducting a periodic
physical head count of inmates shall be as follows:
a.
During the count, the inmates shall not be allowed to move until
the count is completed.
b.
There must be a positive verification of an inmate's presence.
Counting an inmate as present on the basis of seeing any part of his
clothing, his hair, or shoes shall not be made.
c.
A written report on the results of each head count shall be
submitted to the Chief Overseer.
d.
If the inmate count does not tally with the list of inmates, the
matter shall be immediately reported to the Chief Overseer.
SECTION 7. Location of armory. — The prison armory shall be located outside of the
main prison and the inmates's work/activity area.
SECTION 8. Security measures while serving/delivering meals. — If meals are served
in a dining room or similar facility, the following security measures shall
be observed:
a.
Inmates shall be marched in columns of two's along designated
routes under the supervision of one or two guards. Other guards
may be stationed along the route to direct the orderly movement of
inmates to and from the mess hall. HSCAIT
b.
A roving supervisor shall establish order in the dining room area.
c.
After meals, all eating and kitchen utensils of inmates shall be
collected and accounted.
If meals are delivered inside the inmate's cells/quarters, the guard shall not
enter the cells/quarters to distribute food unless another guard is available
to handle the keys and control the entrance door. If the food will be served
by just one guard, the food shall be served without unlocking the door if
there is a danger of being overpowered by the inmates. If there is no
danger, the door may be opened but the guard shall remain on alert.
SECTION 9. Visitor control; body search of visitors. — All visitors, including prison
personnel, shall be subjected to a thorough body search and their
belongings/packages screened for contraband before entering the prison
compound.
Women visitors shall be searched only by female guards or employees.
SECTION 10. Filing of criminal/administrative charges. — Those found with contraband
hidden in their body or belongings shall be barred from entering the prison
compound and in the proper cases, charged criminally/administratively.
SECTION 11. Bringing out food and prison issue. — Visitors shall not be allowed to
bring out food or other articles issued for the consumption or use of
inmates.
SECTION 12. Control of prison keys. — Only the following shall be authorized to
possess the keys of prison gates, cells, dormitories and hospital wards:
a.
Gate officer;
b.
Officer-of-the-Day or Shift Commander;
c.
Keeper; and
d.
Custodial or Medical Officer designated by the Superintendent.
PART IV -SECURITY PROCEDURES DURING EMERGENCIES, RIOTS, ESCAPES
OR MAJOR DISTURBANCES
SECTION 1. Emergency control center. — A prison shall establish a Control Center to
control, execute and monitor the proper and timely implementation of
detailed plans of action to cope with emergency situations caused by fires
or conflagrations, riots or other violent disturbances, or escapes. The
Control Center shall be under the command of the Superintendent or, in his
absence, the Assistant Superintendent, and in the latter's absence, the most
senior prison guard present.
SECTION 2. Riots and other prison disturbances. — In the event of riots or other prison
disturbances, all officials and employees of the prison where the incident
occurs shall be placed on twenty-four (24)-hour alert to perform such tasks
as may be necessary to quell the disorder or normalize the situation.
SECTION 3. Sounding of alarm. — Whenever a riot or escape alarm is sounded, either
by siren, bell or gun fire, all inmates shall be ordered to lie flat on the
ground, face down and with arms and legs spread out. On such occasions,
when warnings are disregarded, the guards shall use reasonable force to
carry out the instructions.
SECTION 4. Procedure during riots and disturbances. — The following procedures shall
be followed in the case of riots and other violent disturbances:
a.
At the sound of the first alarm, all inmates shall be locked up inside
their respective cells/quarters. An inmate work crew shall be
immediately returned to the prison compound or to previously
designated areas for accounting and confinement after a head
count;
b.
If the disturbance occurs during visiting hours, all visitors shall be
immediately ushered out of prison compound or if this is not
possible, brought to a pre-determined area inside said compound.
In the latter case, the visitors shall not be allowed to leave said area
or the compound until the disturbance has ceased and the inmates
have been properly accounted for.
c.
At the same time, all guards who are not on duty shall be directed
to immediately report to the Desk Officer. All critical posts shall be
manned to prevent escapes. The most senior guard present shall
take command of the custodial force and make assessment of the
situation.
d.
All telephone calls to and from the prison compound shall be
controlled.
e.
The Armorer shall issue the necessary anti-riot equipment and
firearms.
f.
Based on his assessment of the prevailing conditions, the guard in
command shall deploy the guards into the following groups:
1st Group — This is the initial wave of anti-riot assault contingent
who shall be armed with wicker shields, protective headgear, gas
masks and night sticks or batons, when these are available. The
objectives of this group are to disperse the rioters and get their
leaders.
2nd Group — This is the back-up force of the 1st Group who shall
be equipped with tear gas guns and gas grenades.
3rd Group — This is composed of guards who are trained in the
proper handling and use of firearms. Under the direct command of
the guard-in-charge, they shall provide covering fire to the first two
groups.
g.
h.
When the three groups mentioned above are ready, the guard-incharge shall direct the inmates to cease and desist, to return to their
respective cells and warn them of the consequences if they do not
obey. The known leaders, if known, shall be addressed directly.
If the inmates fail or refuse to heed the order to return to their cells,
the guard-in-charge shall sound the 2nd alarm. Thereupon, the 1st
Group shall enter into the prison compound followed by the second
group at a discreet distance. The third group shall be in strategic
position, ready to fire if the lives of the guards in the 1st and 2nd
Groups are endangered by overt violent acts of the inmates.
i.
The 1st Group shall be tasked with quelling the riot and getting the
leaders of the rioting group. If they meet stiff resistance, the head
of the Group shall immediately order their withdrawal.
j.
Thereafter, the guard-in charge shall order the 2nd Group to fire
tear gas on the inmates. When the area where the rioters are found
is saturated with gas, the 1st Group shall attack using their batons
to force the rioters into their cells and to get the leaders. The use of
pressurized water from the fire truck, it any, may be resorted to.
k.
At the earliest opportunity, the guard-in-charge shall report the
prison disturbance to the nearest police station and to the Director
who shall in turn inform the Secretary.
l.
When the condition has become critical and the disturbance has
reached full intensity, the guard-in-charge shall cause the sounding
of the third alarm. At this instance, the Control Center shall notify
all Police agencies nearby for assistance and then all other plans in
connection with prison uprisings shall then be executed. Nearby
hospitals shall also be notified if the situation demands.
m.
As an extreme measure to prevent mass jail break or serious assault
upon the members of the prison administration, the selected
marksman of the 3rd Group may be ordered by the guard-in-charge
to fire warning shots at the rioters. If the rioters do not desist, the
order to fire shall be given but only to aim designated targets
belonging to the rioting group.
n.
After the riot or disturbance, the following procedures shall be
followed:
i.
Administer first aid to the injured;
ii.
Conduct a head count;
iii.
Segregate ring leaders and agitators;
iv.
Assess and determine the damage to the facilities;
v.
Investigate the causes of the riot and prosecute the
ringleaders and other persons involved in the riot;
vi.
Repair the damage;
vii.
Adopt measures to prevent repetition of similar incidents;
and
viii. Submit a report on the incident to the Secretary.
SECTION 5. Procedure during an escape or jailbreak. — The following procedures shall
be followed in the case of escapes or jail breaks:
a.
b.
c.
When a jail break is in progress or has just occurred, the Control
Center shall immediately sound the alarm and the Superintendent
or the Commander of the Guards shall be notified.
At the first sound of the alarm, all inmates shall be locked in their
respective cells while those in work detail shall be marched in
orderly manner to their cells.
All prison personnel who are not on duty shall report to the prison
immediately and make themselves available for emergency
deployment. The Armorer shall issue firearms to members of the
d.
e.
f.
g.
h.
i.
j.
k.
custodial force who shall be immediately dispatched to strategic
posts.
A head count shall be made simultaneously in the different
cells/quarter of inmates to determine the identity of the escapee.
Prison personnel assigned to essential posts such as the
powerhouse, kitchen, hospitals, fire station, etc. shall also make a
head count of the inmates under their supervision and report the
results thereof to the Control Center.
If the identity of the escapee is established, his name and other
personal circumstances shall be immediately flashed to all units of
the Philippine National Police in the vicinity.
Radio and television stations and other news media shall also be
notified of the escape and, if possible, provided with photographs
of the escapee.
A Recovery Team shall be formed by the Superintendent to
proceed to all known lairs, hangouts, residences and houses of
immediate relatives and friends of the escapee.
In case of mass jail breaks, all members of the custodial force shall
be immediately issued firearms and assigned to critical posts to seal
off all possible escape routes while teams search the prison
premises. Prison personnel who are off-duty shall be required to
report for duty immediately.
If any prison officer or employee is held hostage by the escapee,
reasonable caution to insure safety shall be taken. If it is the
Superintendent who is taken as hostage, the Assistant
Superintendent shall assume command.
If no hostage was taken and the escapee is unable to leave the
prison premises but refuses to surrender to the prison authorities,
the basic plan for Riots or Disturbances shall be implemented.
After the escape, the Superintendent shall conduct an investigation
relative to the escape to determine the liability of the
officer/employee under whose custody the inmate escaped. A
review of security procedures and an ocular inspection of the
prison facilities shall also be made to determine the existence of
any gaps or flaws. A report on the results of said review shall be
submitted to the Secretary.
SECTION 6. Emergency plans for calamities etc. — Subject to the available personnel
and funding resources a prison shall establish emergency plans in cases of
power failure and natural disasters such as floods, earthquakes and other
calamities, The plans shall cover the specific roles of prison personnel
present, the alarm system to be used, the emergency power units to be
utilized and the kind of security to be provided and such other matters as
are necessary to insure the safety and security of prison personnel and
inmates. Likewise, the plans shall also include detailed procedures for the
evacuation of inmates in cases of floods, earthquakes and other calamities,
if such evacuation is necessary.
SECTION 7. Features of emergency plans. — Subject to the availability of funds and
equipment, emergency plans shall contain the following basic elements or
features:
a.
Fire
i.
A fire crew shall be formed consisting of prison personnel
and inmates chosen according to their security
classification/behavior, intelligence and aptitude. They shall
man the prison fire truck, if any.
ii.
The inmates who are selected shall be housed separately
from the other inmates in close proximity to the Control
Center and/or the fire equipment and fire truck, if any. They
may be issued special uniforms for easy identification.
iii.
At the first sign of fire, the Control Center shall sound an
alarm either by means of a siren or a bell, and at the same
time, notify the fire department, police headquarters and
other units that may help in putting out the fire and/or
evacuating inmates.
iv.
The person in-charge of the keys to the storage for firefighting equipment, the emergency gates and gates of the
different cells/brigades, should distribute the keys to the
responsible personnel concerned.
v.
The fire crew shall immediately respond to the scene to put
out the fire while the other prison personnel shall station
themselves according to the plan.
vi.
All inmates in the affected area shall be required to help in
putting out the fire.
vii.
If there is a need to evacuate government records, supplies
and equipment, they should be evacuated to a safe place
according to priority and placed under proper guard.
viii. If there is a need to evacuate the inmates, they shall be
evacuated in an orderly manner, using secure motor
vehicles, if any or by any other means that will bring them
to pre-arranged buildings or detention centers for their
confinement. If the inmates are evacuated outside the
prison, they shall be secured by handcuffs or other
instruments of restraint.
ix.
When the all clear alarm is sounded, first aid shall be
administered to the injured inmates and a physical count of
inmates shall be made. Security check of the prison to
determine the extent of the damage shall also be done.
x.
If the security conditions allow, the evacuated inmates shall
be returned to the prison. Otherwise, they shall be retained
in the detention place where they were evacuated or
transferred to another penal establishment as the Governor
may decide.
xi.
A thorough investigation of the causes of the fire shall be
conducted by the Superintendent and the report thereon
submitted to the Governor and the local Fire Department.
SECTION 8. Fire prevention. — To prevent the occurrence of fire and to minimize its
effects if such has occurred, the following rules shall be followed:
a.
Inmates shall be cautioned against the hazards caused by the
careless handling of lit cigarettes, inflammable materials, fuel,
welding equipment, etc.
b.
Fire extinguishers shall be placed in close proximity to all housing
units and located in strategic places in buildings, and work areas.
c.
Empty drums and cans shall be filled with water/sand and placed in
strategic places for ready use.
d.
Keys to emergency exits, cells, brigades and storage places of firefighting equipment shall have distinct markings or tags, marked
and shall be accessible to the guards on duty.
e.
Portable floodlights shall, when available, be placed in the Control
Center in case of nocturnal fires.
f.
Government equipment shall be marked with tags or symbols for
easy identification and priority evacuation in case of a fire or other
emergency.
SECTION 9. Contingency plan. — In any major prison disturbance, the Superintendent
shall personally take immediate control and implement a standing
contingency plan to repel the aggression and stabilize the situation. Drills
shall be conducted from time to time to familiarize personnel with their
duties under said plan.
PART V - ESCORT PROCEDURES
SECTION 1. Primary duties of escort guards. — Escort guards shall exercise extreme
caution at all times and shall to see to it that the inmate does not —
a.
Escape;
b.
Converse with unauthorized persons;
c.
Obtain forbidden articles, especially intoxicants or weapons;
d.
Annoy passersby; and
e.
Suffer harm or humiliation.
SECTION 2. Distance of guard from inmates. — If escorting a group of inmates, a
guard shall keep a distance of not less than ten (10) paces from his charge.
Upon arrival at the destination, he shall station himself at a vantage point
where all the inmates are within sight and can be properly controlled.
When on board a ship or boat, the group of inmates shall be positioned in
the most secure part of the vessel and shall be required to sit down. The
guard shall station himself at strategic points where they can effectively
respond. An inmate shall not be allowed to stand up or move about until
the vessel is ready to dock, except when the guard needs to have a clear
view of the port and starboard passages.
SECTION 3. Basic escort procedures. — An escort guard shall strictly observe the
instructions written at the back of the inmate's pass and the purpose and
destination of the escort mission. These include, but not are limited, to the
following:
a.
While in transit, the inmate shall not be allowed to stop at any
place or contact any person until the destination is reached.
b.
The inmate shall at all times be placed under proper restraint e.g.
handcuffs. However, the same shall be removed when the inmate
enters the courtroom.
c.
The inmate shall be returned to the prison facility immediately after
the purpose of the pass has been served.
d.
The use of a privately-owned vehicle in transporting an inmate is
prohibited.
SECTION 4. Escort procedures for court appearance. — In escort duties for court
hearing, the Superintendent shall provide at least two (2) guards for every
inmate. However, when two or more inmates are to be escorted, the
number of guards may be reduced proportionately without sacrificing
security requirements. If an inmate is notorious or has a previous record of
escape, additional escort guards shall be assigned.
SECTION 5. Appearance in Metro Manila Courts. — In conducting NBP or CIW
inmates for appearance in Metro Manila courts, the escort detail shall be
headed by a supervising guard or by a senior officer. If the court concerned
is in the suburbs of Metro Manila e.g., Cavite, Bulacan, Rizal, Laguna and
Batangas, the escorts shall return their wards to the NBP or CIW
immediately after the hearing.
SECTION 6. Turnover of inmate to local jail. — A guard assigned to escort an inmate
for court hearings who cannot return to the prison of origin on the same
day shall request the court to issue an order turning over the inmate to the
nearest provincial/city jail or police detention cell. The escort guard shall
not stay in a private dwelling or hotel with the inmate.
SECTION 7. Acknowledgment of turnover of inmate. — Upon turning the inmate over
to an authorized officer at the destination, the escort-in-charge shall secure
an acknowledgment receipt for the custody of the inmate. This shall
clearly bear the name of the receiving officer, his designation and the date
and time the inmate was received.
SECTION 8. Postponement/resetting of hearing. — After the hearing or if the scheduled
hearing is postponed/reset to another date, the inmate shall be returned to
the prison of origin without delay. If feasible, the escort-in-charge shall
secure from the court an order committing the inmate to the provincial/city
jail or other detention center.
SECTION 9. Procedure if escort guard becomes sick. — If the escort guard becomes
sick, he shall notify the Superintendent of the prison of origin thereof by
the fastest means available so that a replacement can be sent to continue
the mission.
SECTION 10. Fake or spurious subpoena. — If the subpoena received by the prison turns
out to be spurious, or if, in spite of a valid subpoena, the scheduled trial is
not held, the inmate shall be immediately returned to the prison of origin.
The escort-in-charge shall submit a written report to the Superintendent on
the matter.
SECTION 11. Certificate of appearance. — Immediately after the trial but before leaving
the court premises, the escort-in-charge shall secure from the clerk of court
a certificate or other proof of appearance.
SECTION 12. Procedure during outside movement of inmate. — The following security
procedures shall be observed during the outside movement of an inmate:
a.
Before departure from prison
i.
The written mission order issued by the Superintendent, the
mittimus and other prison records of the inmate shall be
given to the escort guards. In case of a detainee, the records
shall include the written authorization of the appellate or
sentencing court for the outside movement of the detainee.
ii.
Whenever possible, the transfer shall be effected during
daylight hours.
iii.
The escort guards shall be given detailed instructions on
their duties and responsibilities, to include the instruction
that they use the most direct travel route to their authorized
destination.
iv.
The inmate shall be thoroughly searched for contraband or
deadly weapons or objects which may be used for escape or
self-destruction.
v.
Money found in the possession of the inmate shall be
confiscated by the Desk Officer who shall issue a receipt
therefor and who shall return the money to the inmate upon
his return. If the inmate is to be confined and needs money
for medicine or food, the money therefor shall be turned
over under receipt to the escort guard. All disbursements
made by the escort guard shall be properly receipted for.
vi.
The inmate shall be placed in handcuffs or other instrument
of restraint. If there is more than one inmate to be
transferred, they shall be grouped in pairs and securely
connected to one another by a rope, ascertaining that the
inmate does not have crippled, deformed or very small
hands to allow him to slip the handcuffs off.
vii.
Handcuffs shall be properly adjusted for tightness before
departure to avoid the need of adjusting the same while in
transit.
viii. The inmate shall stay inside the prison premises until the
vehicle to be used in transporting him is ready for boarding.
The inmate shall board a motor vehicle ahead of the guard.
b.
In Transit
i.
The handcuffs or instruments of restraint shall not be
removed while the inmates are in transit. An inmate shall
not be handcuffed to any part of the vehicle during transit to
avoid his being trapped in case of a vehicular accident.
ii.
c.
d.
If it is necessary to board public transportation such as a
ship or airplane, the guards shall position themselves with
their inmates in an area that is cleared of civilians or if this
is not possible, shall sit/position themselves between the
civilians and the inmate/s.
iii.
All inmates being escorted shall be under the supervision of
a guard at all times, including going to the toilet or
washroom. The guard shall always be close enough to the
inmate to respond to any untoward incident. aECTcA
iv.
If there is more than one inmate being escorted, there shall
be a head count of the inmates every turnover of guarding
shift. The team leader of the escort guard detail shall
conduct an inspection during all guarding shifts.
v.
An inmate shall not be allowed to tinker with his handcuffs
or other instrument of restraint.
vi.
A guard shall always walk behind and not in front of the
inmate being escorted.
vii.
If armed, the guard shall not sit, stand or walk beside the
inmate, or in any case, allow the inmate to reach his
firearm.
viii. The guard shall not pass any unauthorized place while in
transit.
Arrival at Destination
i.
Upon arrival at the authorized destination, the guards and
their inmate/s shall stay in the public transportation until the
same is cleared of the other passengers. They shall only
disembark after the inmate and his personal belongings
have been searched/inspected and the transportation that
will bring them finally to their final destination is ready for
boarding.
ii.
The handcuffs or instrument of restraint may be removed at
the authorized destination if there is no danger of escape.
iii.
The guard shall return the inmate to the prison of origin as
soon as the purpose of the outside movement has been
served.
After-Mission Report — After completing the mission, the leader
of the guard detail shall submit a written report to the
Superintendent, together with copies of the transmittal letter and
certificate of appearance. In case of an inmate being transferred to
another prison or jail institution or competent authority, the
responsibility for said inmate shall remain with the custodian until
formally received by another custodian.
SECTION 13. Other security procedures. — The following security procedures shall also
be observed in case of an inmate subject of a medical referral or who is
allowed to view the remains of a deceased relative:
a.
Medical Referrals
i.
The inmate who is brought to an outside hospital for
medical treatment/examination shall be provided with at
least two (2) escort guards and returned to the prison of
b.
origin during the daylight hours after the treatment is
completed. Upon said return, the Department shall be
furnished copies of the inmate's medical certificate,
diagnosis and plan of management.
ii.
If the inmate is to be confined in a hospital, the inmate may
be handcuffed to the bed if he is ambulatory and there is a
risk that he may escape.
Viewing the Remains
i.
The inmate shall not be allowed more than three (3) hours
from the time of arrival at the wake to the time of departure
from the place where the remains lie in state.
ii.
The remains to be viewed must be in a place within a radius
of thirty (30) kilometers from the place of confinement.
Where the distance is more than thirty (30) kilometers, the
privilege may be enjoyed if the inmate can leave and return
to his place of confinement during the daylight hours of the
same day.
SECTION 14. Outside work detail of medium security inmates. — In case a medium
security inmate is detailed to work outside the immediate vicinity of the
prison compound, the following security procedures shall be observed:
a.
In no case shall an inmate be allowed to work outside the prison
compound without an escort guard.
b.
Security shall be on a one inmate to one guard ratio.
c.
The inmate shall be bodily searched before and after his work
detail.
PART VII - EXECUTION OF DEATH PENALTY
SECTION 1. Death penalty, how executed. — The death penalty shall be executed under
the authority of the Director by lethal injection. As used herein, lethal
injection refers to sodium thiopenthotal, pancuronium bromide, potassium
chloride and such other lethal substances as may be specified by the
Director that will be administered intravenously into the body of a convict
until said convict is pronounced dead.
SECTION 2. Policy. — In the execution of the death penalty, the Director shall
endeavor so far as possible to mitigate the suffering of the death convict
during the actual execution as well as the proceedings prior thereto. He
shall take steps to ensure that the lethal injection to be administered is
sufficient to cause the instantaneous death of the convict.
SECTION 3. Services and privileges given to a death convict. — A death convict shall
enjoy the same services and privileges accorded to other convicts unless
otherwise provided under this Manual.
SECTION 4. Holding cell. — Whenever practicable, the death convict shall, twelve (12)
hours prior to the scheduled time of execution, be confined in an
individual cell in a maximum security level facility. The convict shall be
provided therein with a bunk, a steel/wooden bed or mat, a pillow, a
blanket and a mosquito net.
SECTION 5. Death watch. — Four (4) guards shall keep a close watch over a death
convict confined in the holding cell. Said guards shall keep a detailed log
book of their watch.
SECTION 6. Religious service. — Subject to security conditions, a death convict may
be visited by a priest or minister of his faith and given such available
religious materials which he may require.
SECTION 7. Exercise. — A death convict shall be allowed to enjoy regular exercise
periods under the supervision of a prison guard.
SECTION 8. Meal services. — Meals shall, whenever practicable, be served
individually to death convicts inside the cells. Mess utensils shall be made
of plastic. After each meal, the utensils shall be collected and accounted.
SECTION 9. Visitation. — A death convict shall be allowed to be visited by his
immediate family and reputable friends at regular intervals and during
designated hours subject to security procedures.
Subject to the approval of the Superintendent, a death convict shall, seven
(7) days before the scheduled date of execution, be allowed daily visits by
his authorized visitors and his attorney of record.
After the death convict is moved to the holding cell, he may only be
visited by members of the clergy and other individuals granted visiting
privileges by the Director.
SECTION 10. Telephone privileges. — The death convict shall not enjoy telephone
privileges after his transfer to the holding cell. The Director may give the
convict said privilege in meritorious cases.
SECTION 11. Log book for mail of death convict. — Thirty (30) days prior to the
execution date, the Superintendent shall instruct the mail room officer to
forward all the incoming mail of the death convict to the Commander of
the Guards for censorship. A separate log book shall also be kept for mail
matters of the death convict, noting therein the date and time of their
receipt and disposition.
SECTION 12. Notification and execution of the sentence and assistance to the convict. —
The court shall designate a working day for the execution of the death
penalty but not the hour thereof. Such designation shall only be
communicated to the convict after sunrise of the day of the execution, and
the execution shall not take place until after the expiration of at least eight
(8) hours following the notification, but before sunset. During the interval
between the notification and execution, the convict shall, as far as possible,
be furnished such assistance as he may request in order to be attended in
his last moments by a priest or minister of the religion he professes and to
consult his lawyers, as well as in order to make a will and confer with
members of his family or of persons in charge of the management of his
business, of the administration of his property, or of the care of his
descendants.
SECTION 13. Suspension of execution of the death sentence. — Execution by lethal
injection shall not be inflicted upon a woman within one year after
delivery, nor upon any person over seventy (70) years of age. In this last
case, the death sentence shall be commuted to the penalty of reclusion
perpetua with the accessory penalty provided in article 40 of the Revised
Penal Code.
SECTION 14. Place of execution. — The execution by lethal injection shall take place in
the prison establishment and space thereat as may be designated by the
Director. Said place shall be closed to public view.
SECTION 15. Execution procedure. — Details of the procedure prior to, during and after
administering the lethal injection shall be set forth in a manual to be
prepared by the Director and submitted to the Secretary for review and
approval. The manual shall contain details of, among others, the sequence
of events before and after the execution; procedures in setting up the
intravenous line; the administration of the lethal drugs; the pronouncement
of death; and the removal of the intravenous system.
SECTION 16. Quantity and safekeeping of drugs purchased. — The exact quantities of
the drugs needed for an execution of a death penalty shall be purchased by
the Director pursuant to existing rules and regulations not earlier than ten
(10) days before the scheduled date of execution. The drugs shall be kept
securely at the office of the Superintendent of the prison where the death
sentence is to be executed. All unused drugs shall be inventoried and
disposed of properly under the direct supervision of the Director.
SECTION 17. Administering of lethal drugs. — The injection of the lethal drugs to a
death convict shall be made by a person designated by the Director.
SECTION 18. Identity of relatives of death convict and of person administering lethal
injection. — The identity of the relatives of the death convict and the
person who were designated to administer the lethal injection shall be kept
secret.
SECTION 19. Persons who may witness execution. — The execution of a death convict
shall be witnessed by the priest or minister assisting the offender, his
lawyers of record not exceeding two (2) in number, by his relatives, not
exceeding four, if the convict so desires, by the prison physician and
necessary prison personnel, and by such persons as the Director may
authorize which may include the —
a.
Chief Justice of the Supreme Court or his representative;
b.
Secretary of Justice or his representative;
c.
Superintendent;
d.
Chief, NBP Hospital;
e.
f.
g.
h.
i.
j.
Chairmen of the House and Senate Committees on Crime or their
representatives;
Chairmen of the House and Senate Committees on Peace and Order
or their representatives.
Undersecretary of Justice in-charge of corrections.
Chairman, Commission on Human Rights or his representative.
Police chief of the locality where the crime was committed.
Ten (10) media witnesses.
A person below eighteen (18) years of age shall not be allowed to witness
an execution.
SECTION 20. Selection and composition of media witnesses. — The media witnesses
shall be selected from among those present two (2) hours before the scheduled execution
and shall be drawn from the following sectors:
a.
two (2) from newsprint (broadsheet);
b.
two (2) from newsprint (tabloid);
c.
two (2) from TV;
d.
two (2) from radio; and
e.
two (2) from foreign press.
SECTION 21. Expulsion of witness. — Any person who makes unnecessary noise or
displays rude or improper behavior during an execution shall be expelled
from the lethal injection chamber.
SECTION 22. Non-recording of execution. — The Director shall not allow the visual,
sound or other recording of the actual execution by media or by any
private person or group.
SECTION 23. Time for burial. — The burial of a death convict shall be held immediately
after execution in a common graveyard for inmates. In case the cadaver of
the convict is claimed by his relatives, his burial shall held not later than
three (3) days after his body was released.
PART VI - FINAL PROVISIONS
SECTION 1. Repealing clause. — Any or all rules or parts thereof which are
inconsistent with the provisions of this Manual are hereby repealed or
modified accordingly.
SECTION 2. Separability clause. — The provisions of this Manual are hereby declared
to be separate. If one or more of its provisions are held invalid, the validity
of the other provisions shall not be affected thereby.
SECTION 3. Effectivity. — This Manual shall become effective fifteen (15) days after
its publication in a newspaper of general publication.
Done in the City of Muntinlupa this 30th day of March 2000.
(SGD.) PEDRO G. SISTOZA
Director, Bureau of Corrections