INSTITUTIONAL CORRECTIONS
PROF. Arlyn M. Dascil-Canete
Forensic Chemist, Criminologist
IMPORTANT TERMS TO REMEMBER
1: CORRECTIONS
 A branch of the administration of the
criminal justice system charged with the
responsibility for the custody supervision
and rehabilitation of convicted offenders.
 It is the fourth and it is considered to be
weakest pillar of the criminal justice in the
Philippines
 It is considered to be the weakest pillar
because of failure to deter individuals in
committing crimes as well as the
reformation of criminal offenders
2: CORRECTIONAL ADMINISTRATION
 Study
of
practice
in
systematic
management concerned with the custody
,treatment and rehabilitation of criminal
offenders.
3: CORRECTION AS A PROCESS
 Refers to the reorientation of the criminal
offender to prevent him or her from
repeating his deviant (abnormal) or
delinquent (criminal, felonious, wrong)
actions without the necessary of taking
punitive actions but rather the introduction
of individual measures of reformation.
4:CLASSIFICATION
 It is
a method by which diagnosis
,treatment ,planning and execution of
treatment program in individual case
 This of these refers to the assigning or
grouping of offenders according to their
sentence, gender, age, nationality, health,
criminal record, etc.
5: CRIMINAL JUSTICE SYSTEM
 It is the machinery used by a government
to protect the society against criminality
and other peace and order problems.
6: CUSTODY
 Guarding and penal safe keeping
 The maintenance of care and protection
accorded to people who by authority of law
are temporarily incarcerated (confined,
imprison, locked up.. ) for violation of laws
and also those who were sentenced by the
court to serve judgment.
7: CONTROL
 Control involves supervision of prisoners to
insure punctual and orderly movement to
and from the dormitories ,place of work
,church, hospitals recreational facilities ,in
accordance with the daily schedules .
8: COUNSELLING
 It Is defined as a relationship in which one
endeavors to help another and solve his
problem of adjustment it is distinguished
from advice and admonition in that it
implies mutual consent .
9: CASE WORK
 In
correctional
work
includes
the
professional
service
rendered
by
professionally trained personnel in the
description and social treatment of
offenders .
10: CONTRABAND
 Is anything found in the possession of the
prisoner contrary to rules and regulation
11: DISCIPLINE
 It has also been defined as a continuing
state of good order and behavior
 It includes the maintenance of good
standards of work ,sanitation ,safety,
education
personal
health
and
recreation.
12 INSTITUTION-BASED CORRECTION
PRACTICES
 Offenders found guilty and sentenced by
the Courts for confinement are categorized
based on their length of sentence into
either a municipal ,city ,provincial or
national prisoner facilities based on these
categorizations
13; DIVERSIFICATION
 The principle of separating homogenous
type of prisoners that requires special
treatment and custody .
 A person accused before a court or
competent authority who is temporarily
confined
in
jail
while
undergoing
investigation or waiting for final judgment.
14: IMPRISONMENT
23: ESCAPE
 The process putting of offenders in prison
for the purpose of protecting the public and
at the same time rehabilitating them by
requiring the latter to undergo institutional
treatment Program
15: MORALE
 Is the mental condition of individuals or
group regarding courage ,zeal, hope and
confidence in the present principle and way
of life
 An act of getting out unlawfully from
confinement or custody by an inmate
24: INMATE
 It refers to either a prisoner or detainee
confined in jail
25: PRISONER
 An inmate who was convicted by final
judgment and classified as insular ,city or
Municipal .
16: PENOLOGY
26: MITTIMUS
 The study of punishment for the crime or of
the criminal offenders
 Is a term derived from the latin word
POENA which means pain or suffering
 Otherwise known as Penal science
 Can be defined as the division of
criminology that deals with the prison
management and treatment of offenders
and concerned itself with the philosophy
and practice of society in its effort to
repress criminal activities
 A warrant issued by a court bearing its
seal and signature of the judge ,directing
the jail or prison authorities to receive
inmates for custody or service of sentence
imposed therein
27: COMMITMENT ORDER
 A written order of the court or any other
competent authority consigning an offender
to jail or prison for confinement
17:PUNISHMENT
28: SAFE KEEPING
 It is the redress that the state takes against
an
offending members for the
transgression of law .
 The temporary custody of a person for his
own protection .safety or care and his
security from harm ,injury
18: PENALTY
 The suffering that the state takes against
the
offending
members
for
the
transgression of law .
19: PENAL MANAGEMENT
 It is the manner or practice or controlling
places of confinement like jails or prison
 shall refer to the act that ensures the public
(including families of inmates and their
victims) that national inmates are provided
with their basic needs, completely
incapacitated from further committing
criminal acts, and have been totally cut off
from their criminal networks (or contacts in
the free society) while serving sentence
inside the premises of the national
penitentiary.
20: PROSELYTIZING
 The act of prisoner trying to convert or
induce another to change his religious
belief, sect or the like to another
21: CONTRABAND
 Any article, item or thing prohibited by law
and /or forbidden by jail rules
22; DETAINEE
 This act also includes protection against
illegal organized armed groups which have
the capacity of launching an attack on any
prison camp of the national penitentiary to
rescue their convicted comrade or to
forcibly amass firearms issued to prison
guards.
29; SUBSIDIARY IMPRISONMENT
30: INSOLVENT
 A convicted offender who cannot pay a fine
that is imposed upon him
31; INSTRUMENT FO RESTRAINT
 A device contrivance ,tool, or instrument
use to hold back ,keep in check or control
an inmate ,e.g handcuffs, leg irons
32: OPERATION GREYHOUND
 Operation conducted by the BJMP wherein
prisoner may be checked at any time ,His
beddings ,lockers and personal belongings
may be opened at any time .in his
presence ,whenever possible
33: CONJUGAL VISIT
 A privilege of a married male prisoner is
visited by his wife and they are granted
time for their marital sexual obligation
40: REHABILITATION
 The task of changing an offenders „s
attitude so that he or she may not be
commit Another crime in the future
41: REINTEGRATION
 This refers to phased reentry into society
rather than the usual abrupt re- entry at the
end of a prison sentence
42: QUASI RECIDIVIST
 Any person who shall commit a felony after
having been convicted by final judgment
before beginning to serve such sentence or
while serving the same ,shall be punished
by the maximum period of the penalty
prescribed by law for the new felony.
43: HABITUAL CRIMINAL
34: HALF WAY
 These are group homes designed to help
institutionalized people adjust to life in the
outside community
35; CARPETA
 Inmate record or jacke, it contains the
personal and criminal records of the
inmate.
36; STRIP SEARCH
 A practice of searching a person for
weapons or other contraband suspected of
being hidden on their body or inside their
clothing ,and not found by performing a
frisk search ,by requiring the person to
remove some or all of his or her clothing
.the search may involve an official
performing an inmate person search and
inspecting their personal effects and body
cavities (mouth,vogina,anus etc) A strip
search is more intrusive than a frisk and
requires legal authority .Regulations
covering strip searches vary considerably
,and may be mandatory in some situations
or discretionary in others .
37; SHAKE DOWN
 Examination of an inmate for contraband
before admission
38; CONVICTION
 (Criminal law) a final judgment of guilty in a
criminal and punishment that is imposed
39; CONVICTION. GUILTY VERDICT
 An act finding some body guilty of a crime
,or an instance of being found guilty
 A person is deemed to be a habitual
criminal if within the period of 10 years
from the date of his released or last
conviction of the crime of serious or less
serious physical injury ,robbery ,theft
estafa or falsification ,he is found guilty of
any of said crimes a third time or oftener
44: RECIDIVIST
 One who at the time of his trial for one
crime shall have been previously convicted
by final judgment of another crime
embraced in the same title of the Revised
Penal code)
45: REFORMATION
 which is the rehabilitation component of the
BuCor's present corrections system, shall
refer to the acts which ensure the public
(including families of inmates and their
victims) that released national inmates are
no longer harmful to the community by
becoming reformed individuals prepared to
live a normal and productive life upon
reintegration to the mainstream society.
46; SHOT DRILL
 One form of punishment inflicted on
prisoners ,which simply involved carrying
heavy loads from one place to another and
then returned to the same place over and
over again every day
47: TREADMILL
 Another method devise used to make the
prisoner suffer where the prisoner is
continually made to continually climb stairs
.Prisoners are made to climb this treadmill
continually during the day time with
prisoner logging up nto 14,ooo feet of
stairs per day or the e e quivalent of three
to four stiff mountains climbed per day
HISTORICAL PERSPECTIVE ON THE
DEVELOPMENT OF CORRECTIONS
Correction
 is that branch of the administration of the
criminal justice charged with the responsibility
for the custody, supervision and rehabilitation
of the convicted offenders.
 is the study of jail/prison management and
administration as well as rehabilitation and
reformation of prisoners.
Penology –
 From the Greek words “Poine” which
means Punishment and “Logus” – course
or study of crime prevention, prison,
reformatory management and correction of
criminals.
A: The Classical School of Criminology
 The classical theory came about as a direct
result of two influences :
1. it came about as a protest against the
abuses and discretionary power of
judges
2. it was also influenced by the
philosophical school of thought
exact punishment appropriate to each crime
.no discretion would be left to the judge.
Freewill (Beccaria) –
 a philosophy advocating punishment severe
enough for people to choose, to avoid
criminal acts
Bentham of England
 another exponent of classical school ,also
holds that society must reward those who
accept responsibility and punish those who
do not.thus bringing pleasure and pain into
service of society.
Hedonism (Bentham) –
 the belief that people choose pleasure and
avoid pain.
B: The Neo-Classical School of Criminology
The criticisms against the classical school led to the
foundation of the Neo-classical school of
criminology. Under the neo-classical doctrine, there
are situations or circumstances that made it
impossible to exercise freewill are reasons to
exempt the accused from conviction.
The Neoclassical school does not represent any
break with the classical view of human nature. It
merely challenges the classical position of absolute
freewill. Because of this, it led also to the proposition
that while the classical doctrine is correct in general,
it should be modified in certain details:
 It maintain the doctrine of psychological
hedonism and freewill .that individual
calculates the pleasures and pain in advance
of action and regulates his conduct by the
result of his calculation
That children and lunatics should not be regarded as
criminals and free from punishment. It must take into
account certain mitigating circumstances.
 Cesare Beccaria (Cesare Bonesara
Marchese de Beccaria) with Jeremy
Bentham (1823) who proposed “Utilitarian
Hedonism”, the theory, which explains that a
person always acts in such a way as to seek
pleasure and avoid pain, became the main
advocates of the Classical School of
Criminology.
 The school that composed of Italians who
agreed that in the study of crime the
emphasis should be on scientific treatment
of the criminal, not on the penalties to be
imposed after conviction .It maintained that
crime as any other act is a natural
phenomenon and is comparable to disaster
or calamity. That crime as a social and moral
phenomenon which cannot be treated and
checked by the imposition of punishment but
rather rehabilitation or the enforcement of
individual measures.
Cesare Beccaria
 In his “book , Crimes and Punishment”, he
presented his key ideas on the abolition of
torture as a legitimate means of extracting
confessions. He holds that justice consists of
equal treatment of all criminals for like
offenses. whereas the court of the day were
dealing unequally with criminals according to
their rank and influence .Becaria would have
the legislature ,not the court determine the
C: THE ITALIAN OR POSITIVE SCHOOL
 The Positivist School of Criminology rejected
the Classical School's idea that all crime
resulted from a choice that could potentially
be made anyone. Though they did not
disagree with the Classical School that most
crime could be explained through "human
nature," they argued that the most serious
crimes were committed by individuals who
were "primitive" or "atavistic"--that is, who
failed to evolve to a fully human and civilized
state. Crime therefore resulted not from
what criminals had in common with others in
society, but from their distinctive physical or
mental defects.
This theory advocates the study of the criminal
rather than the crime .This school is interested
primarily in the personality of the criminal himself in
order to determine the conditioning circumstances
that explain his criminality and in order to obtain light
upon the problem of how he should be handled by
the social group.
ADVOCATED BY:
CORRECTIONAL SYSTEM
1) Lambroso- – The Italian leader of the
positivist school of criminology, was criticized
for his methodology and his attention to the
biological characteristics of offenders, but his
emphasis on the need to study offenders
scientifically earned him the “father of
modern criminology.”
 The criminal in relation to Antropology
,jurisprudence and psychiatry.
 Lambroso in his book, sought to explain
crime in terms of physical make up of the
criminal.
 In studying the insane the patient ,and not
the deceased ,should be the object of
attention.
CLASSIFICATION
LAMBROSO:
OF
CRIMINAL
BY
a) Born criminals- there are born criminals
according to Lombroso, the belief that
being criminal behavior is inherited.
b) Insane
criminalsidiot,
imbeciles,
dementia, paralysis Pelegna,etc.
c) Criminaloids- Not born with physical
stigma but who are of such mental makeup
that display anti social conduct
2) Ferri- Enrico Ferri was born in Italy
1856 ferri advocated the theory
imputability and the Denial of freewill
1878 Ferri contributed to the emphasis
of the social factors such as.
in
of
in
of
a) Physical
factors,including
geographical,climate,temperature.
b) The anthropological factors including
psychological
c) The social factors ,including economics
and political factors as well as age ,sex
education requirement
3) Garofalo- He was born in Naples in
1852,from parents of Spanish origins
Garofalo thinks that crime can be
understood only as
it is studied by
scientific method. the criminal is not free
moral agents but is product of his own
traits and his circumstances .
D: THE MODERN CLINICAL SCHOOL
The function of correction serves to rehabilitate and
neutralize the deviant behavior of adult criminals
and juvenile delinquents. This component of the
criminal justice system faces a three-side task in
carrying out the punishment imposed on the
convicted offender by the court, to deter, to inflict
retribution, and rehabilitate. The components of the
correction effectuate their functions through different
programs, probation, commitment to an institution,
and parole.
Prisons are a major stock in the moral order of the
society. They symbolize the ultimate instrument of
punishment the state can wage against those who
renege on the social contract. Besides death,
imprisonment remains society‟s most ominous
response to the social disorder. Include among the
purposes of a civilized society are maintenance of
law and order and control of violence. To
accomplish this purpose, deviant individuals are
isolated.
EVOLUTION OF CORRECTIONS
Code of Hammurabi (1750 BC) - the first formal
law dealing with the concept of justice as Lex
Taliones “An Eye for an Eye and a Tooth for a
Tooth”.
Mosaic Law – allowed extreme punishments
such as flogging or burning alive, offenders are
entitled to freedom from torture and admission of
guilt is admissible only when there is a confirmatory
testimony from at least one witness.
King Ur-Nammu’s Code – decreed the imposition
of restitution and fines of execution, mutilation or
other savage penalties. It holds the principle that
offender can be punished and victims can be paid
by making the offender reimburse the value of
whatever damages as the result of crime.
Nicodemeans Ethics – written in 400 BC first
publication that explains crime and
corrective justice stating that “ Punishment is a
mean of restoring the balance between pleasure
and pain”
509 BC – a law was passed prohibiting flogging or
execution unless affirmed by the Centuriate
Assembly.
Underground cisterns – a form of prison used to
detain offenders undergoing trial in some cases and
to hold sentences offenders where they were to be
starved to death.
Ergastulum – Roman prison that was used to
confine slaves where they were attached to
workbenches and forced to do hard labor in the
period of their imprisonment.
King Henry VII of England – he decreed corporal
punishment for vagrants in 1531 and penal slavery
in 1547 to depend the interests of the still dominant
landlord class.
Justinian Code – Roman Emperor Justin put this
code into law in 529 AD and became the standard
law in all the areas occupied by the Roman Empire
particularly Europe. This code was a revision of the
Twelve Tables of Roman Law that originated at bout
500 BC stating every crime and penalties for every
offense listed in the said table.
Bridewell Institution in Bridewell, England –
established during the reign of King
Edward VI, as a workhouse for vagabonds, idlers
and rogues. The Bridewell was a reform of some
sort over the traditional, already unworkable system
of punishment. Vagrants and prostitute were given
work while serving their sentence. After two
centuries this system lost its usefulness due to
banishment of offenders to the colonies.
Burgundian Code – code that introduced the
concept of restitution but punishment was meted
according to the social class of the offenders.
Offender had to pay the specified value in order not
to undergo physical sufferings as penalty.
Pope Innocent VIII (1487) – issued Papal Bull that
allowed refugee offenders to be 3 driven out of the
sanctuary if they used this for committing crimes but
half centuries later, many sanctuaries closed and
those still remaining have refused to accept
offenders of serious crimes such as rape, murder
and robbery.
Pope Leo I – 440AD was the first Pope to fully
expressed approval for killing, otherwise human and
divine law would be subverted.
Priscilian – 385 AD the first recorded Christian who
was put to death for being a heretic (Unorthodox)
but death as capital punishment was first used in
1022 in Orleans, France when thirteen heretics were
burned at the instigation of the church. Pope
Innocent II tried to wash his hands like a Pontius
Pilate when it turned over heretics to the secular
authorities for proper punishment that included
death.
Pope Gregory IX – through his Papal Encyclical
“Encommunicamus” issued in 1231 that made part
of the Canon Law the burning of non-believers at the
stake. He also initiated the Inquisition that led to the
burning of hundreds of heretics.
Pope Innocent IV – officially introduced torture to
the Inquisition procedure in 1252.
Pope John Paul II – reversed the practice of death
as form of punishment, Pro-Life Pope in his
Encyclical Tertio Millenio Adveniente, formally
apologized to the past intolerance and use of
violence in the defense of truth and has challenged
to break away from the “culture of death”.
Gaols – other word for jails during early days, were
hard for poor prisoners but not for those who were
wealthy. This was because prisoners had to pay for
their accommodations, food and cost of
administration and security. Beddings, blankets,
lights and everything were sold or rented to
prisoners at very high rates. The jailer or gaoler was
paid from payment of prisoners.
Lombroso, Beccaria and Betham – their efforts
changes the prison system based on solitary
confinement and hard labor so that by 1779 a
penitentiary act was passed that mandated the
establishment of prison system.
Norfolk Prison at Wymondham, England – after
the Penitentiary Act of 1779 this prison was opened.
National Penitentiary of Milkbank – followed in
1821.
Pentonville National Penitentiary – opened in
1842.
Alexander Solshenitsyn – a political prisoner who
popularized banishment is the Gulag Archipelago in
a novel.
Penal Code of Russia (1845) – punishes offenders
to hard labor of four years to life. Fortunate
prisoners sentenced to hard labor were destined to
the factories or construction of fortresses.
Sentences to labor in the mines were the unluckiest
of the destinations.
2 Distinct Benefits of Banishment
1. It allowed the transporting country to colonize
distant lands such as Australia, Canada, Africa and
all other far-flung colonies.
2. It reduced number of criminals and the
concomitant reduction of criminality in the country of
origin.
Aside from banishment and hard labor offenders
were also sentenced to provide hard labor for public
works including the building of military fortifications
and as a result of these developments, Spaniards
also built fortifications in the Philippines and that
includes Fort Santiago in Manila and Fort Del Pilar
in Zamboanga.
Maine State Prison – underground facilities to
incarcerate offenders contained cells in the 4 pits
similar to the underground cistern of long ago Rome
that were used to detain offenders undergoing trial
in some cases and to hold sentenced offenders
where they will be starved to death. These pits were
entered through an iron gate in the ceiling during
late 1828.
Connecticut State Prison – used a copper mine at
Simsbury from 1773 to 1827 as prison facilities
wherein prisoners worked in the mines during the
day and then their ankles and necks were shackled
during nighttime to prevent escape.
Sing Sing Prisons – became famous or rather
infamous all over the world and was plot of
many movies filmed because of the Sing sing bath
which was inflicted aside from the floggings, denial
of reading materials and solitary confinement. The
shower bath was a gadget do constructed as to drop
a volume of water on the head of a locked naked
offender. The force of the icy cold water hitting the
head of the offenders caused so much pain and
extreme shock that prisoners immediately sank
into come due to the shock and hypothermia or
sudden drop of the body temperature.
The Walnut Street Jail (1790)
Originally constructed as a detention jail in
Philadelphia, it was converted into a state prison
and became the first American Penitentiary. It began
the penitentiary system in the United States when
legislation was passed establishing the principle of
solitary confinement, strict discipline, productive
work and segregation of the more dangerous
offenders.
(1830)
3. Alexander Maconochie- Superintendent of
the penal colony at Norfolk Island in Australia
,introduced a progressive humane system to
substitute for corporal punishment. When a
prisoner earned a required number of marks
he was given a ticket of leave ,which is the
equivalent of parole .
Maconochie introduced several other
progressive measures which aimed at
rehabilitating prisoners He introduced fair
deciplinary trials ,but churches, distributed
books, allowed plays to be staged ,and
permitted prisoners to tend small gardens
.for his progressive administrations of
prisoners .Maconochie should be considered
one of the fathers of modern penology.
4. Sir Walter Crofton- Chairman of the
directors of Irish Prison .IN 1856, Crofton
introduced the Irish system ,latter called the
progressive stage system .
a) The first stage of the Irish system
was solitary confinement for nine
months at a certain prison .the
prisoners at this stage were given
reduced
diet
and
allowed
monotonous work .the prisoner
progress to a more interesting
work,some
education,and
better
treatment toward the end of first
stage.
Jail Penitentiary: Concept
The term penitentiary came from the Latin word
“Paenitentia” meaning penitence, and was coined
by an English prison reformer, John Howard. It
referred to a place where crime and sin may be
stoned for and penitence produced.
given the work. Silence was also enforced.
“Sentenced to Solitary Confinement at Hard Labor”
In Europe ,several penal administrators can be
mentioned as among those who contributed to
progressive development of the reformatory
system
1. Manuel Montesinos- director of the prison
of Valencia ,Spain ,in 1835 ,divided prisoners
into companies and appointed prisoners as
petty officers incharge. Academic classes of
one hour a day were given all inmates under
20 years of age.
2. Domet of France- established and
agricultural colony for delinquents boys in
1839 .The boys were housed in cottages
with house fathers as incharge. the system
was based on re education rather than force
.when discharged the boys were placed
under supervision
b) The second stage
was an
assignment to the public works at
Spike Island .the prisoner worked his
promotions through a series of
grades according to a mark system
,and wore a badge of distinction to
show his status
c) In the third stage the prisoner was
sent to lurk or Smithfield which was a
sort of preparation for release .here
the prisoner work without custodial
supervision and was expose to
ordinary temptation of freedom.
d) The final stage was the release on
supervision
under
conditions
equivalent to present day parole.
5. In 1876, the New York state reformatory at
Elmira opened with Z. R.
Brockway
introduced in Elmira in Elmira a New
institution program for boys from 16 to 30
years of age .
 the new prisoner was classified as second
grade and was promoted to first grade after
six (6) months of good behavior Another six
(6) months of good behavior in the first
grade qualified him for parole. If the prisoner
committed a misconduct he was demoted to
third grade where he was required to show
good conduct for one month before he could
be reclassified to second grade.
Elmira Reformatory
 The Elmira Reformatory is considered as the
forerunner of modern penology because it
had all the elements of a modern correctional
system, among which were a training
school type, that is, compulsory
education; case work method; and
extensive use of parole based on the
indeterminate sentence. This was the first
penal institution to remodel its penal
philosophy away from punitive and retributive
practices and veered them towards
reformation and treatment. Educational and
vocational were imparted to the prisoner as a
way to treat his lack of life skills to survive
according to the rules of ourside society.
Parole also started in Elmira Reformatory,
after 12-month of good conduct prisoner, he
was eligible for parole.
6. Sir Evelyn Ruggles Brise – was the
Director of English Prisons who opened the
Borstal Institution after visiting Elmira
Reformatory in 1897, such as Borstal
Institutions are today considered as the best
reform institutions for young offenders. This
system was based entirelty on the
individualized treatment.
7. John Howard – known as the Father of
Penitentiary. Sheriff from Bedfordshire,
England who exercised the traditional but
neglected responsibility of visiting the local
prisons and institutions. He was shocked by
what he saw, especially when he learned
that the keepers were paid no regular salary
but depended upon extracting a living from
the prisoners; secondly, that large number of
persons who had been discharged by the
grand jury or acquitted at their trials were still
detained owing to the fact that they had been
unable to pay their discharge fees. For every
prison inspected, he put into records
important details he observed, wrote and
published a book that started the interest of
reformers in English society. Many of his
landmark
recommendations
were
incorporated into the Penitentiary Act of 1779
and adopted as standard procedure in the
first modern prison constructed in 1785 on
Norfolk, England. It was not until 1842 that
Howard‟s idea of penitentiary was given
recognition.
OTHER PERSONALITIES WHO CONTRIBUTED
IN THE DEVELOPMENT OF REFORMATORY
SYSTEM
1) William Penn- (1614-1718) Founder of the
Quakers movement –great law of the quaker
– land labor is more effective punishment
than death for serious offense. He fought for
religious freedom and individual rights. the
first leader to prescribed imprisonment as
correctional treatment for major offenders.He
is also responsible of the abolition of the
death penalty and torture as a form of
punishment.
2) Isaac Newton – He published the book
entitled principia in 1687. Wherein he
encouraged
intellectuals to investigate
social and scientific phenomena methodically
and objectively.
1. John Locke- wrote essay concerning
human understanding and his treatise of
government.
2. Charles Montesquieu-(1689- 1755) He
published a book entitled spirit of the
laws. A French historian who analyzed
law as an expression of justice. He
believed that harsh punishment would
undermine morality and that appealing to
moral sentiment as better means of
preventing crimes, confronted religion
and historical role of the church in the
political arrangement of the society.
3. Voltaire(Francis Marie Arquuet) 1694 1778) He believes that shame was
deterrent to a crime , fought the legality –
sanctioned practice of torture and was
the most versatile philosopher during this
period.
4. Cesare Bonesa ,Marqueuise De
Becarria (1734 1794)- He wrote an
essay entitled “ an essay on crimes and
punishment”,which become the most
exiting on law during this century. And
presented the humanistic goal of law
5. St Michael – emphasized the rehabilitate
concept and pioneered the segregations
of prisoners and forced silence to make
the prisoner contemplate their wrong
doings. The conviction are chained in
one foot and observing strict rule of
silence they listened to religious brothers
giving religious teaching .many of the
practices pioneered in ST Michael were
later To be adopted in the United states
in what in what Is now to be known as
the AUborn system of imprisonment.
6. Henry V111 –He alone who put to death
the 72.000 citizens by means of boiling to
death as a means of executing convicted
offenders
7. Clifford Shaw- conducted a research on
100.000 identified school truants, juvenile
in conflict with the law and adult
offenders from Chicago school.
COMPENSATION FOR WRONG ACT
1. Retaliation (Personal vengeance) the
earliest remedy for wrong act to anyone the
concept of personal vengeance by the victim
„s family or the tribe against the family or
tribe of the offender Hence blood feuds was
accepted in the early primitive‟s society
2. Fines and punishment- Custom have
exerted effort and great force among
primitive societies ,the acceptance of
vengeance in the form of payment
(cattle,food,personal services)as dictated
by tribal traditions
3. Punishment is the redress that the state
takes against the offending members.
EARLY FORM OF PRISON DISCIPLINE
1. Hard labor- productive work
2. Deprivation –deprivation of
except the essential existence.
everything
3. Monotony- giving the same food that is off
diet ,or requiring the prisoners to perform
drab or boring daily routine.
4. Uniformity –treats prisoner alike “the fault of
one is the fault of all‟
5. Mass movement –mass living in cellblocks
,mass eating ,mass recreation.mass bathing
declaration of principles so modern and
comprehensive in scope that when it was
revised in the prison congress in 1933 .few
amendments were made .since its
founding the association has held annual
congress of corrections and has taken
active leadership in reform movements in
the filed of crime prevention and treatment
of offenders
2) In 1872,the first international prison
congress was held in London. It was
attended by representatives of the
Government of the United states and
European countries as a result of this
congress ,the International Penal and
Penitentiary
commission
,an
international Government organization
was established in 1875 with Headquarters
at Hague .the IPPC held international
congress every five years in 1950 the
IPPC was dissolved and its function were
transferred to the social defense section of
United Nations
3) the Elmira Reformatory ,which was
considered as the for runner of modern
penology ,was opened in Elmira ,New York
in 1876.the features of Elmira were training
school type of institutional program ,social
case work in the Institution and extensive
use of parole
4)
The first separate institution for women
were
established
in
Indiana
Massachusetts
PHILIPPINE PRISON AND JAILS
ORGANIZATION ,POWERS AND
FUNCTIONS
Prison defined
6. Degredation- uttering insulting words or
language on the part of the prison staff for
the prisoners to degrade break the
confidence of the prisoners
 Penitentiary
an
institution for
the
imprisonment (incarceration) of person
convicted of major/serious crimes
7. Corporal punishment -imposing brutal
punishment or employing physical torture to
intimidate a delinquent inmate
 A building usually with cells ,or other
established for the purpose of taking safe
custody or confinement of criminals
8. Isolation or solitary confinement- the lone
wolf- non communication limited news
 A place of confinement for those charged
with or convicted of offenses against the
laws of the land
THE GOLDEN AGE OF PENOLOGY
Jail defined
The period from 1870 to 1880 was called the
Golden Age of Modern Penology because of the
following significat event
1) In 1870, the National Prison association
,now American correctional association
,was organized and its first annual
congress was held in Cincinati Ohio .in
this congress the association adopted a
 a place of detention for those awaiting final
disposition of criminal action and the
service of short sentences usually up to
three years.
Jail vs Prison
JAIL
PRISON
1; As to term
of penalty
2. As
to
inmate
3. As
to
administra
tion
Less
than
three years
Convicted or
pending trial
As
far
as
provincial jail
is concerned
it is under the
administration
of Provincial
government,in
case
of
Municipal and
City
District
Jail
,it
is
under
supervision of
the Bureau of
Jail
Management
and Penology
4. As to head District
Jail
of
under
the
institution BJMP
is
headed by the
warden
More than 3
years
All convicted
It is under the
bureau
of
correctiont
demoted from a higher class or promoted
from a lower class
4) First class inmate – one whose known
character and credit for work while still in
detention earned classification to this class
,or one who was promoted from lower
class and
5) Colonist- a classified first class inmate
for at least one year immediately
preceeding his classification as such and
has served with good conduct ,at least one
fifth of his maximum sentence ,or has
served seven years in case of life
sentence.
THE PHILIPPINE PRISON SYSTEM
Prison Penal
colony
and
penal ,it is
headed by the
superintendent
NOTE; The population of jail and prison including
penal farms and penal colonies except the
personnel are called inmates, Prisoners with the
exception of jails whose inmate are undergoing
trial of their respective cases are also called
detainees
THE BUREAU OF CORRECTIONS
Bureau of Prisons was renamed ,Bureau of
corrections under Executive Order 292 passed
during the Aquino administration .it states that the
head of the Bureau of correction is the director of
prison who is appointed by the president of the
Philippines with the confirmations of commission
on appointments .
The Bureau of Correction has general
Supervision and control of all National and
Provincial prisons or penitentiaries .It is
charged with the safe keeping of all insular
prisoners confined therein or committed to the
custody of the bureau
Inmates of the Bureasu of Corrections are
classified according to the following:
1) Detainee- those whose cases are or have
other pending cases
2) Third class inmate .those who have been
previously committed as a sentenced
prisoner for three times or more except
cases involving non payment of fines or
those classification were reduced from a
higher class.
3) Second class inmate –newly arrived
inmates committed for the first time ,or
1: In 1847, the construction of Bilibid Prison
started .this institution become the central place
of confinement for Filipino prisoners .Prior to
establishment of Bilibid prison Prisoners were
confined in jails under the jurisdiction of
commandancias where law enforcement units
were stationed ,Commandancias were established
in practically every province of the country .
2: In 1865, the Bilibid Prison was opened by virtue
of a Royal Decree.
3: In 1936,the city of Manila exchanges its
Muntinlupa property of 552 hectares with that of
the Bureau of Prison lot in manila
: This
Muntinlupa estate was originally intended as a site
for the boys training school ,but because it is far
from Manila .the city government of Manila
preferred the site of the Old Bilibid prison. Famous
as the May Halique state. And the oldest prison
in the Philippines is the fort Santiago.
NATIONAL PENITENTIARIES
(Bureau of Corrections)
ORGANIZATION
The Bureau of Corrections is under the
Department of Justice. It is headed by the
Director of Corrections, who is authorized to
exercise command, control and direction of the
following prison facilities and staff offices:
PRISON FACILITIES AND THEIR FUNCTIONS
There are seven (7) correctional facilities of the
Bureau of Corrections, which are located all over
the country, administered by its Penal
Superintendent.
1: THE NEW BILIBID PRISON (NBP)
It is located in Muntinlupa, Cityl. This is where
the Bureau of Corrections Central Office is colocated. Within the complex are three (3) security
camps administered by a Penal Superintendent
and assisted by an Assistant Superintendent in
each Camp. The three security camps are:
a)
The Maximum Security Compound is for
prisoners whose sentences are 20 years and
above, life termers or those under capital
punishment, those with pending cases, those
under disciplinary punishment, whose cases are
on appeal, those under detention and those that
do not fall under medium and minimum-security
status.
b)
The Medium Security Camp is for
prisoners whose sentences are below 20 years
(computed from the minimum sentence per
classification interpretation) and those classified
for colony assignment.
c)
The Minimum Security Compound is an
open
camp
with
less
restrictions
and
regimentation. This is for prisoners who are 65
years old and above, medically certified as invalids
and for those prisoners who have six months or
less to serves before they are released from
prison.
Today the new Bilibid Prison operates two satelite
Units ,namely,
a)
The Bukang Liwayway Camp- it houses
the minimum security prisoners.who work in the
various project of the institution
b)
The Sampaguita Camp- it is located in
Reception and Diagnostic Center and houses the
medium security Unit and the Youth Rehabilitation
Center.
Note the New Bilibid Prison is specialized in the
industrial type of vocational training like furniture
shop ,shoe repairing auto mechanics, etc.
2: THE SAN RAMON PRISON AND PENAL
FARM
IN 1869,the authorities saw the need of
establishing one prison separate from Bilibid for
those who fought the established government
.So, San Ramon Prison and Penal Farm in the
southern tip of Zamboanga was established for
the confinement of political offender.During those
days a rebel who was not shot was either sent to
Guam or Marinas or to Zamboanga the San
Ramon Prison was named after its founder
Ramon Blanco a Spanish captain in the Royal
Army .
The San Ramon Prison has an area of 1.524.6
hectares .it houses the maximum, medium, and
minimum custody type of prisoners.
The principal product of San Ramon Prison is
copra which is one of the biggest sources of
income of the Bureau of Prison.
3: THE IWAHIG PENAL COLONY-
On November 16 ,1904 ,foreman R.J. Shield with
sixteen prisoners left the Bilibid Prison by order of
Governor forbes who was security of commerce
and police ,to establish the Iwahig Felony in
Palawan .the idea was hatched on the suggestion
of the Governor Luke E wright who envisioned it to
be an institution for incorrigibles .the first
contingent ,however ,revolted against the
authorities .they hogtied their superintendent
,Mr,Madaras ,and could have killed him were it
not for the timely succor of the Philippine Scouts
stationed in Puerto Prinsesa.
When the Philippine commission ,by virtue of
Reorganization act 1407 created the bureau of
prison on November 1,1905 the authorities
changed the policy regarding Iwahig, so that
instead of sending incorrigibles ,inmates who
well behaved and declared tractable were
assigned to this colony .
Today ,the Iwahig Penal colony enjoys the
reputation of being one of the best open
institution in the world only mutual trust and
confidence between the wards and prison
authorities keep them together there being no
walls.
At present the Iwahig Penal colony is a minimum
custody or open institution.it has an area of 36.000
hectares .the colony is divided into four sub
colonies ,namely:
1.
2.
3.
4.
Sta lucia sub colony
Inagawan sub colony
Montible sub colony
Central sub colony
The Iwahig Penal colony administer the
Tagumpay settlement.the principal products of
the Iwahig Penal colony are rice, corn, copra,
logs,minor forest product and cattle.
4: THE CORRECTIONAL INSTITUTION FOR
WOMENIn 1931, the correctional institution for women was
established on an 18 hectare piece of land in
Mandaluyong Rizal by authority of Act 3579
which was passed on November 27 1929 . Prior
to the stablishment of this institution ,female
prisoners were confined in one of the wings of
Bilibid Prison. later the position for a female.
Superintendent was created in 1934 .Today ,the
correctionall Institution for women is an institution
under the Bureau of Prison ,managed by the
female personnel ,except the perimeter guard
who are male .
Mandaluyong -The first correctional institution for
women The institution conduct vocational courses
in dress making ,beauty culture, handicrafts, cloth
weaving and slipper making.
Mindanao- it is the most recent facility organized
in the bureau of correction s. it was only
inaugurated in September 18 2007, the second
institution which was branched out from the first
and only penal establishment dedicated in
rehabilitating female offenders ,it is a satellite
prison facility under the supervision and direction
of Davao prison and penal farm administration
pursuant to n administrative order issued by bucor
central office .caters female
female prisoners
sentence to suffer the penalty of 3 years I day and
above and coming from the 26 provinces
comprising the six administrative regions in the
whole Mindanao province.
Established on January 21,1932 in accordance
with Act No 3732 and Proclamation No 414
series of 1931 .the first contingent of prisoners
that opened the colony was led by General
Paulino Santos its founder and the then director
of Prison. the area consist of 18.000 hectares.
This is the combination of medium and minimum
custody type of institution
The Davao Penal Colony manages the biggest
abaca plantation in the whole country
The colony is divided into two sub colonies,
namely. (1)The Panabo sub colony and (2)the
kapalong- Sub colony each colony is headed by
penal supervisor.
Note the colony also operates the tanglaw
settlement
6: THE SABLAYAN PENAL COLONYAND
FARM
On Sept. 27 ,1954 the President of the Philippines
issued proclamation No 72 setting aside 16.000
hectares of the virgin lands in Sablayan
Occidental Mindoro for the Sablayan Penal
colony .
The first trail blazer was the experience colony
administrator from Iwahig Penal Colony headed by
the assistant superintendent of that colony Mr
Candido Bagoisan .Today Sablayan penal colony
enjoys of being the youngest and fastest growing
colony under the bureau
This institution is an open or minimum security
type institution .it has an area of 16.408 .5
hectares .Rice is the principal product of the
colony
PRISON
CORRECTIONAL CENTERS
A rehabilitation centers for youthful offenders
whose ages ranges from 9 to below 18 years of
age to be committed to the care of the DSWD
5: THE DAVAO PENAL COLONY-
7:LEYTE
REGIONAL
Southern Leyte)
Presidential Decree No 28. While its plantilla and
institutional plan were almost ideal ,lack of funds
made the prison unable to realize its full potential
and facilities are often below par compared with
those of other established penal farms.it has an
inmate capacity of 500.it follows the same
agricultural format as the main correctional
program in addition to some rehabilitation activities
.the prison admits convicted offenders from region
V1 and from the national penitentiary in
Muntinlupa.
(Abuyog
The leyte Regional Prison ,situated in Abuyog
southern Leyte ,was established a year after the
declaration of martial law in 1972 by virtue of
Drug rehabilitation centers –these centers has
been established for the treatment of drug
dependents
the
existing
treatment
and
rehabilitation center is operated and maintained by
the NBI at tagaytay City and being funded by the
board
OLD BILIBID PRISON
Located in the May Halique estate in Oroquieta
Street Sta.Crus ,Manila .Now known as Manila
City Jail. with capacity of 600 prisoners.
THE RECEPTION AND DIOGNOSTIC CENTER.
(RDC)
In line with the latest approach to treatment – the
individualized or casework method –it is necessary
that prisoners must undergo a diagnostic
examination, study and observation for the
purpose of determining the program of treatment
and training best suited to their needs and the
institution to which they should be transferred.
These processes take place in the Reception &
Diagnostic Center within the first sixty days of their
commitment to prison.
The Inmate Reception and Diagnostic Center – is
a prison facility within the Medium Security Camp
Sampaguita Compound of the New Bilibid
Prison. It receives all newly committed national
male prisoners and it is the entry point of all
incoming prisoners who will be subjected to
classification and distribution to the operating
institutions. Con currently it has been charged with
the responsibility of providing education and
training of inmates at the Medium Security
Compound of NBP.
THE STAFF AND THEIR FUNCTION
1) The Psychiatrist – The psychiatrist
examines the prisoner and prepares an
abstract of his findings.
The abstract
includes a brief statement of the mental
and emotional make-up of the individual
with particular reference to abnormalities of
the nervous system and the presence of
psychoses,
psychopaths,
neurotic
tendencies, paranoid trends and other
special abnormalities..
2) The Psychologist – The psychologist
interviews the man and administers tests.
The psychological abstract presents a
statement of the psychologist‟s findings
with regard to the mental level, general and
special abilities, interest and skills of the
prisoner.
The
outstanding
factors
contributing to the maladjustment of the
individual are pointed out
3) Sociologist – The prisoners is interviewed
by the sociologist. Additional information is
obtained through correspondence with the
prisoner‟s friends, relatives, and social
agencies. The objective facts of the
personal history of the inmate are recorded
in the social abstract, which also includes
an analysis and interpretation of the
individual‟s
social
situation
and
relationships.
recommendations on transfer and type of
custody of the prisoner.
ADMISSION PROCEDURES
1) RECEIVINGThe New prisoner are receive either in the
RDC or in a prison and later to transfer to
the center and required to stay there for
not more than 60 days.The new prisoner
usually comes from a provincial or city jail
where he is immediately committed upon
conviction by the court. He is transfer to
the national prison escorted by guards of
the committing jails
The following document shall be presented
accordingly by the party escorting prisoner:
a)Commitment order of the prisoner
b)Court decision of the case
c) Information filed by the city
/provincial fiscal
d)Certificate of detention
2) CHEKING OF COMMITMENT PAPERS
4) Education Officer or Counselor – The
prisoner is interviewed by the educational
officer in order to determine his educational
strengths and weaknesses and to
recommend suitable educational program
for him.
5)
Vocational Counselor – The vocational
counselor, by interview, obtains a record of
the man‟s former employment and tests
the man to determine his general and
special abilities, interests and skills
6) The Chaplain - The inmate is interviewed
by the Chaplain and he is encouraged to
participate in religious worship.
7)
Medical Officer – A complete physical
examination is given each inmate at which
time his medical history is obtained. The
examination covers the major organs of the
body, such as the lungs and the heart, and
includes tests of the blood and sense
organs. The doctor correlates the patients‟
previous health history with present
findings in the medical history and physical
examination, plus recommendation
for
medical treatment.
8) Custodial-Correctional Officer The Chief
of the correctional unit prepares the
custodial officers abstract which includes
all significant observations made by the
correctional officers of the inmate‟s
behavior and interactions to various
situations in the dormitory, place of
recreation, work assignments, etc. The
report includes the custodial officer‟s
On arrival at the Reception center or prison
,the receiving officer checks the
commitment paper if they are in order .the
commitment paper is in order if they bear
the signature of the judge or
To make sure if it contains the signature of
the judge or the signature of the clerk of
court and seal of the court.
3) IDENTIFICATION
The next step is to establish the identity of
the prisoner in order to be sure that the
person being committed is the same
person named in the commitment order
The identity is established through the
picture and the fingerprint of the prisoner
appearing on the commitment paper and
his prison number
4) SEARCHING
After accomplishing the above steps ,the
new prisoner is frisked and his personal
things searched ,weapons and other items
of contraband are confiscated and
deposited with the property custodian
Money ,watches ,rings and other pieces of
jewelry are deposited with the trust fund
officer under proper recording and receipts
5) ISSUANCE
EQUIPMENT
OF
CLOTHES
AND
From the receiving office ,the new prisoner
goes to the supply room where he receives
the following:
1. Two (2) regulation uniform suits and
two t- shirts
2. One blanket
3. One mat and pillow
4. One aluminumpalte
5. One mosquito net
6) ASSIGNMENT TO QUARTERS
After the prisoner is issued his clothings
and beddings he is sent to quarantine unit
.the quarantine may be a unit of the prison
or a section of the RDC
THE ADMISSSION SUMMARY:
The written reports submitted by the staff of the
center regarding their findings on the prisoners are
compiled, and form the admission summary. The
admission summary becomes the nucleus of the
cumulative case history of the prisoner.
TRANSFER OUT OF THE CENTER
When the admission summary is completed it is
for warded to the director of prison for approval of
the tentative program prepared for the prisoner
,after which the prisoner is then transferred to the
operating institution
THE OPERATING INSTITUTION
THE QUARANTINE UNIT
The new prisoners spends from seven to ten days
in the quarantine unit .during this period he is
given thorough physical examination including
blood test, X- rays ,inoculation and vaccination
.one purpose of the quarantine is to ensure that
the prisoner is not suffering from any contagious
decease. The result of the examinations are
submitted to the chief of the center in written form
.this report form part of the diagnostic record of the
prisoner
7)
BRIEFING/ ORIENTATION
The orientation of the prisoners take place within
the first few days in the center,the prisoner will be
informed of the rules and regulation to be
observed while in the center.
ORIENTATION PROCEDURES
1) Giving a prisoners a booklet of rules and
regulation and explaining the rules to them
2) Conducting the group meeting of center
inmates to explain the purposes of
treatment program
3) Holding session with the chief and
individual members of the center staff to
explain the basic purpose of the center and
what the inmate should do in order to profit
most from their experience
STAFF CONFERENCE
When the prisoner is through with all tests,
interviews and examinations, he is ready for the
staff conference, sometimes called “guidance
conference” or “case conference”. The inmate
appears before the Center‟s staff in conference to
plan out with him his tentative program of
treatment and training. Every member of the staff
gives an oral summary of his findings and his
recommendation on what to do with the prisoner
pertaining to his field.
The prisoner is transferred from the Reception and
Diagnostic Center to the operating institution with
a tentative plan of treatment already prepared.
The stay of the prisoner in the general service unit
is a sort of orientation period for him. He is given
lectures on the rules and regulations; and he is
assigned to different work projects to afford him
various experiences which will guide him in the
choice of a permanent vocational program.
THE ADMISSION CLASSIFCATION MEETING
The purpose of the admission classification,
sometimes called initial classification meeting, is to
plan a program for and with the inmate which will
be realistically directed toward his rehabilitation. A
member of the Committee, usually the case
worker summarizes the diagnostic material, which
is the Admission Summary prepared by the
Reception Center, and presents the important
factors to be considered in program planning.
Usually, the prisoner appears before the
Committee so he can be available for interview
and consultation regarding major decisions to be
made by the Classification Committee on his
assignments. The Committee decisions cover allimportant phases of the inmates‟ life in the
institution.
RECLASSIFICATION
The prisoner appears before the Classification
Committee
periodically
after
his
initial
classification to keep current his treatment and
training program. Because human personality
and
behavior
are
constantly
changing.
Reclassification is necessary to assure that
individual needs are not overlooked, and it must
continue from the time of admission classification
until the inmate is released.
REHABILITATION SERVICES
Purpose- to change inmates pattern of criminal
behavior and reform them into a law abiding and
productive citizens through the implementation of
rehabilitation in jails ..
THE TREATMENT PROGRAMS
The treatment of inmates shall be focused on the
provision of services designed to encourage them
to return to the fold of justice and enhance their
self respect dignity and sense of responsibility as
follows :
a)
b)
c)
d)
Provision for basic needs of inmates
Health services
Education and skills training
Religious
services
,guidance
and
counseling services
e) Recreation sports, and entertainment
f) Work program ,such as livelihood projects
g) Visitation services
h) Mail services
The Philippine Correctional System has two (2)
approaches in treating criminal offenders
a) The Institution based treatment program
and
b) Community-Based treatment program.
Local Government Units located in ten sites Nation
wide
B. Community-Based Approach
Not all convicted offenders have to serve their
sentence behind bars. Some are allowed to stay in
the community, subject to conditions imposed by
the government. They are either granted
probation, parole, conditional pardon and
recognizance.
A: THE INSTITUTIONALIZED TREATMENT
PROGRAM
1: EDUCATIONAL PROGRAM
The educational program of a correctional
institution is one of the most important phases of
the treatment and training of prisoners .there is no
common plan of education for all.
CLASSES OF PRISON EDUCATION
a) General and Academic education
The institution-based has three (3) levels: the
National, provincial, and sub-provincial jails
and the district, city and municipal jails while
the community-based approach has probation,
parole, conditional pardon and release on
recognizance as mode of release.
 The eradication of illiteracy among
prisoners is one of the best contribution
that the correctional system can offer to
society.
A. Institution-Based Approach
 The vocational education program is
usually geared to institutional maintenance
work and the prison industries project
Presently there are three (3) Executive
Departments that supervise and control the
numerous institutional facilities nationwide, which
provides incarceration and rehabilitation to
offenders. These are the Department of Justice
(DOJ), which take care of the National
prisoners, Department of the Interior and
Local Government (DILG) which take care of
the Municipal ,City and Provincial prisoners
and the Department of Social Welfare and
Development (DSWD).which take care of
sentenced Youthful Offenders
Under the DOJ .the offices that are tasked to
carry out the mission of correction rest with
the Bureau of Correction (BUCOR) ,the Board
of Pardon and Parole (BPP) and the Parole and
Probations administration(PPA)
b) Vocational education
 To provide prisoners necessary skills after
their released
 Courses may include radio mechanics
,auto mechanics, horticulture, shoemaking,
tailoring, carpentry ,electronics,
2: WORK PROGRAM
These are program conducive to change
behavior in morale by training prisoners for a
useful occupation
ClASSIFICATION OF PRISON WORK
PROGRAMS
1) Educational assignments-
The BPP recommends to the president the
prisoner who are qualified for parole , pardon or
other form of executive clemency .the PPA ,on the
other hand exercises general supervision over all
parolees and probationers and promotes the
correction and rehabilitation of offenders outside
the prison institution .under the DILG are the
BJMP and PLGU . the BJMP take charge of
district ,City, and Municipal Jails nationwide while
the provincial jails are operated by the Provincial
prisoners may be assigned to either
general education ,vocational or physical
education
2) Maintenance assignmentthese assignment involve labor related to
care and up keeping of the institutional
properties
3) Agricultural and industrial assignment
4) Un assignablePrisoners who are nearly to leave the
institution ,awaiting transfer ,those in
disciplinary status and those who are
chronologically ill with mental disabilities .
The medical and health requirements of a prisoner
include mental and physical examinations
,observations diagnosis and treatment of patients
,immunization and protection of the inmate
populations as well as the staff against hazards
,visiting prisoners in segregations sections
;sanitary inspections, consultation with culinary
and other officials and participations in training
,classification. Disciplinary and other program.
3: RELIGIOUS SERVICE IN PRISON
Chaplain is the most important person in the
rehabilitative setup of a correctional institution .it is
the chaplain administrators claim ,who points to
the prisoners their relationship to god and their
fellowmen ,and who by work example ,leads them
most effectively toward complete rehabilitation.
Men and Nations have found that they can not live
without the guiding ,sustaining and inspiring power
of religion .if this is true of people in normal society
,it is doubly true of men who are confined in
correctional institution
TREATMENT OF SPECIAL NEEDS OR
UNUSUAL OFFENDERS
1: FEMALE
1) The female quarters /dorm should be
separated from male
2) No male inmate shall be allow to enter the
female dorm
3) Only work suitable to their age and
physical condition should be assigned to
female inmate
2: DRUG USERS DEFENDANT AND ADDICT
FUNCTION OF THE CHAPLAIN
1) Conduct of sacramental ministry2) Conduct a religious instruction
3) Ministry to inmate families and related
concern person
4) Ministerial service to the staff and the
operational personnel
5) Interpretation ministry to the community
ADMINISTRATIVE FUNCTION OF THE
CHAPLAIN
a) Drug users should be segregated from
other inmate especially during the
withdrawal period
b) Maintain close supervision to suicide or
self prevent attempt to commit suicide and
self motivation.
c) Conduct a regular search of the inmate „s
quarters and maintain constant alertness to
prevent the smuggling of narcotics and
other dangerous drug
3: ALCOHOLICS
1) Member of the RDC staff
2) Member of the classification committee
3) Render evaluation
4: RECREATIONAL PROGRAM
Recreational programs are important part of the
rehabilitation program A good prison administrator
should provide wholesome ,healthy activities for
men confined in his institution.
Usually the recreation program should be
designed to meet the needs d is conducted during
free time schedule ,affording opportunity for each
man to decide for himself whether or not he
desires to participate on voluntary basis .
The recreation program should be designed to
meet the needs and interest of all inmates.
5; LIBRARY SERVICE
The prison library plays an important role in the
improvement of prisoners in practical and cultural
aspects of social living .
a) Place alcoholic in quarter separates from
other inmates and maintain close
supervision to guards
b) Against suicide attempt
c) Any symptoms of abnormal behaviour
Should be reported immediately to the jail
Physician or warden
d) Exercise close supervision to guard
against the smuggling of liquor and other
intoxicating drinks or product containing
alcohol
4: MENTALLY ILL
a) The mentally ill should be under the close
supervision of a jail medical personnel
b) Place the mentally ill in separate cells and
special restrain room provided for violent
cases
c) Close supervision to guard against suicide
attempt and violent attack on others
d) The mentally ill should be transferred as
soon as feasible to mental institution for
proper psychiatric treatment
6: HEALTH AND MEDICAL SERVICE
5: SEX DEVIATES
a) Homosexual
should
be
segregated
immediately to prevent them from
influencing other inmate or being
maltreated or abuse by other inmates
b) Sex deviates should be separated from
other inmates for close supervision control
6: SUICIDAL INMATES
a) The suicidal inmate should be given close
and constant supervision
b) Search their quarters and premises for
tools /materials that can be used for
suicide
c) They should be subjected to frequent strip
search
7: THE HANDICAPED,AGED ,AND INFIRMED
a) These inmates should be house separately
and closely supervised to protect them
from maltreatment or abuse by other
inmates.
b) Special treatment should be given to these
inmates who shall be required to work in
accordance with their physicall capabilities
for their own upkeep and to maintain the
sanitation of their quarters and surrounding
8: NON PHILIPPINE CITEZEN INMATES
 The warden shall report in writing to the
bureau of immigration and the respective
embassies of the detained foreigners the
following:
 Name of foreigners
 Name of jail
 Nationality.number of alien certificate of
registration, if any
 Age/sex
 Offense charged
 Case number
 Court/branch
b)
c)
d)
e)
f)
g)
h)
i)
j)
k)
Jail break
Noise barrage
Hostage taking
Epidemics
Food poisoning
Rescue
Bombing
Power failure
Water shortage
others
NATURE AND TRENDS OF PUNISHMENT
PUNISHMENT
 is a means of social control it is a device to
cause people to become cohesive and to
induce conformity .people believe that
punishment is effective as a means of
social control but this belief is doubtful
there no question, however, that some
form of punishment are more effective in
one in one society than in another.
DEFINITION OF PUNISHMENT the general concept of punishment is that it
is the infliction some sort of pain on the
offender for violating the law .this definition
is not complete in the sense that it does
not mentioned the condition under which
punishment is administered or applied ,in
the legal sense ,it is more individual
redress
or
personal
vengeance
,Punishment, therefore ,is defined as the
redress that the state takes against an
offending member.
ANCIENT FORMS OF PUNISHMENT
The form of punishment in primitive society
were the following:
EMERGENCY PLAN
1) Death penalty
Emergency Plan For both natural and man made
calamities and other form of jail disturbance shall
be formulated to suit the physical structure and
other factors peculiar to every jail ,such as.
death penalty was carried out by
hanging,burning,immersing in boiling
oil,feeding to wild animals and in many
other barbaric ways .
NATURAL CALAMITIES
2) Corporal punishment/physical torture –
a)
b)
c)
d)
e)
f)
g)
h)
Fire
Flood
Earthquake
Tsunami
Landslide
Typhoon
Volcanic eruption
Others
was inflicted the offender by flogging,
mutiliation, disfiguation ,and maiming.
3) Public humiliation and shaming
were effected by the use stocks and pillory
,docking stool ,branding ,shaving off the
hair. Etc.
MAN MADE CALAMITIES
4) Banishment or exile –
a)
riot
sending or putting away an offender which
was carried out either by prohibition
against coming into specified territory ,for
over ten years the person will be exiled
and this is derived from the vote of citIzens
RECENT/CONTEMPORARY FORMS OF
PUNISHMENT
1. Imprisonment
Putting offenders in a prison for the
purpose of protecting the public and at the
same time rehabilitating them by
undergoing institutional treatment
programs.
2. Parole –
is defined as a procedure by which
prisoners are selected for release on the
basis of individual response and progress
within the correctional institution and a
service by which they are provided with
necessary guidance as they serve the
remainder of their sentence in the free
community.
3.
Probation
it is a procedure under which a defendant
found guilty of a crime is release by the
court without imprisonment subject to the
condition imposed by the court and subject
to the supervision of the probation officer.
4. Fine
An amount given as reparation or
indemnification for a criminal act.
5. Destierro
–Penalty of banishing a person from the
place where he committed a crime
,prohibiting him to get near or enter not
less than 25 kilometers but not more than
250 kilometers.
IN WHAT CASES DESTIERRO IMPOSED?
In the following:
1. Serious physical injuries or death under
exceptional circumstances
2. In case of failure to give bond for good
behavior
3. As penalty for concubine
4. In cases where after reducing the penalty
by one or more degree destierro is the
proper penalty.
JUSTIFICATION OF PUNISHMENT
The theories or justIfications of punishment vary
from one stage of civilization to another .the most
common justification of punishment are retribution
,expiation or atonement, deterrence, protection
and reformation.
1. RetributionIn primitive days punishment of the
transgressor was carried out in the form of
personal vengeance .Since there were no
written laws and no courts .the victim of a
crime was allowed to obtain his redress in
the way he saw fit .often times the
retaliatory act resulted to infliction of
greater injury or loss than the original
crime, so that the latter victim was perforce
afforded his revenge. Punishment
therefore became an unending vendetta
between the offender and the victim .latter
.an attempt was made to limit retaliation to
the degree of injury inflicted ,thus the
philosophy of eye for an eye evoked.
2. Expiation- or Atonementthis theory or justification of punishment
was also advocated during the prehistoric
days .As population increased .the social
group become more complex A sort of
common understanding and sympathetic
feeling develop in the group .An offense
committed by a member against another
member of the same clan or group aroused
the condemnation of the whole group
against the offending member .the group
would therefore demand that the offender
be punished .when punishment is
exacted visibly or publicly for the
purpose of appeasing the social group,
the element of expiation is present.
Expiation therefore is group vengeance
as distinguished from retribution which
is personal vengeance.
3. DeterrenceIt is commonly believed that punishment
gives lesson to the offender ;that it shows
other what would happen if they violate the
law and that punishment hold crime in
check .this is the essence of deterrence as
a justification for punishment .
 Becarria
An exponent of the classical school of
criminology and whose writings at the end
of the 18 century renovated the punitive
justice system of Europe contended that
the intent of punishment should not be to
torture the criminal or to undo the crime but
to prevent others from committing a like
offense.
4. Protection-
Protection as a justification of
punishment came after prison wee fully
established .People believe that by
putting offender in prison society is
protected from his further criminal
depredation. If this were so ,vicios and
dangerous criminal should be made to
serve long terms of imprisonment
.Recidivism and habitual delinquency laws
are expected to attend this ends.
2.
3.
4.
5.
6.
torture,
maiming and
banishment
Shot drill
treadmill
the Jail was introduced in Medieval Europe as a
place of confinement of persons arrested and
undergoing trial ,and for corporal punishment and
banishment were the penalties for offenses which
today are punishable by imprisonment .
5. Reformationthis is the latest justification of
punishment .under this theory society
can best be protected from crime if the
purpose of imprisonment is to reform or
rehabilitate the prisoner .Advocates of
this theory contend that since punishment
does not deter ;in as much as
imprisonment does not not protect society
from further commission of crime because
the greater portion of the criminal
population is at large and because
prisoners stay in prison for a short time
,from 3 to 5 years only society interest can
best be served by helping the prisoner
become a law abiding and productive
citizen upon his return to the community by
making him undergo an intensive program
of rehabilitation in prison.
TRENDS OF PUNISHMENT
The principal trends of punishment are in the
development of exemptions
1. pardon and
2. commutation; decline in the severity of
punishment ;the growth of imprisonment
and its modifications ;
3. good conduct and time allowance,
4. indeterminate sentence
5. ,suspended sentence and
6. probation ,conditional release
7. parole, short sentences and
8. fines
After convicted offender were chained to galleys to
man the ships of war :
1. England
2. France and
3. Spain use transportation system of
punishment by indenturing their convicts to
penal colonies where they served as
slaves until they completed the service of
their sentence.
Transportation of offenders to penal colonies was
practiced principally by Europe Countries that
had acquired distant colonies because of the need
to import labor into these colonies .England, more
than any other imperialistic country in Europe ,
made extensive use of transportation .England
began transportation of prisoners in 1718 by
sending her convicts to the American colonies
until the American Revolution when the colonies
obtained their independence ,England diverted her
convicts to Australia and New Zealand
England abandoned transportation of prisoners in
the last half of the 19 century ,after much
agitations and protest on the part of the colonies .
DEVELOPMENT OF PRISON
Prison evolved as a substitute for
1.
2.
3.
4.
5.
transportation
,exile,
public degradations
particularly corporal punishment, and
death penalty.
EXEMPTIONS FROM PUNISHMENT
The bases of exemption are usually
1. social
2. Absence of mens rea (that is absence of
guilty mind or unlawful intent)
3. Age of the offender
4. The mental condition of the offender.
DEVELOPMENT OF MODERN CORECTIONAL
CONCEPTS AND STANDARD
Early forms of Punishment- The earliest form of
punishment were
1. death ,
In the United States where prison were first
established imprisonment was introduced as a
substitute for corporal punishment and death
penalty when, by the provision of the Pennsylvania
Reform Law of 1790, corporal punishment was
abolished and the list of offenses punishable by
death was reduced to only one offense .that of
first degree murder. As the United States and
Europe curtailed the use of death penalty ,prisons
and penitentiaries were constructed to take care of
the unexecuted and unpardoned criminals .long
sentences required prisons and penitentiaries that
were not places of detention for those awaiting
trial or short sentences but for a lengthy stay of
offenders convicted of serious crimes.
THE AUBORN AND PENNSYLVANIA SYSTEM
Two rival prison systems appeared in the scene
during the early history of imprisonment ,namely
.the Auborn and Pennsylvania prison system
,were establish in 1819 and 1829 respectively:
1. the features of Auborn system were
confinement of the prisoner in a single cell
at night and congregate work in shops
during the day.
 Note: The United states which constructed
their prisons patterned them after the
Auborn system.
2. the features of the Pennsylvania system
were confinement of the prisoners in their
own cell day and night.
 Note: European countries adopted the
Pennsylvania system
THE REFORMATORY MOVEMENT
This consisted in the introduction of certain
reforms in correctional field by certain persons,
gradually changing the old punitive philosophy of
punishment (Mass treatment, enforced silence,
idleness,
regimented
rules
and
severe
punishment) to a more humane treatment of
prisoners with innovative institutional programs.
Note: Penal administrators who contributed to the
development of progressive reformatory system
were mentioned in chapter 11.
THE DECLINE OF REFORMATORY MOVE
MENT
The reformatory system movement subsided
gradually following the opening of Elmira because
of the founders lack of faith in the effectiveness of
the program .the defect of the system was laid on
the lack of attempt to study criminal behavior from
which to base treatment by 1910 it was generally
conceded that the reformatory system in the
United states was a failure in practice .it was not
until 1930 that the reformatory idea was revived as
the direct result of the revamp of the educational
program of the Elmira reformatory.
before and in the early 1930‟s the operations of
industries inside the penal institution was therefore
,considered a noble innovation that helped support
the prisons. Nearly every prison ,therefore ,was
converted into factory engaged in the manufacture
of articles which were sold in open market for
profit .
At about time ,it was observed that there was a
sudden increased of criminality in the United
states some people attributed the increase of
criminality to the depression . The united states
congress created a congressional committee to
investigate the cause of the high incident of
crime ,the findings of the committee were that the
rise in criminality was caused by the increase in
recidivism and repeatership in crime and that the
increase in recidivism and habitual delinquency
was attributed to the abandonment of the
rehabilitation program in penal institution in
favor of operation of industries as a remedial
measure ,congress passed a law in 1934 ,which
in effect ,prohibited the sale of prison made
articles to the public and limited their use to
government owned institutions and agencies
.this law put an end to the Industrial Prison
movement.
THE INTERNATIONAL PENAL AND
PENITENTIARY COMMISSION
The first international organization in the field was
the
international
Penal
and
penitentiary
commission established in 1875 .this organization
was responsible for holding international penal
and penitentiary congresses every five years .the
last congress was held in Hague in August 1950.
The commission developed publication studies
and international exchange
of information .and
devoted a great deal of attention to the formulation
of basic or minimum standard of practice in the
treatment of offenders
THE FIRST JUVENILE COURTS
The first juvenile courts which was established in
Chicago in 1899 ,was based on the principles
long used in England ,although England put up her
own juvenile courts some years later when the
child act of 1908 was passed
THE LEAGUE OF THE NATIONS
THE INDUSTRIAL PRISON MOVEMENT
The Elmira reformatory movement was succeeded
by the industrial prison movement. US common
wealth preferred the Auborn prison system to
the Pennsylvania prison system because of its
congregate work program . .the value of prison
labor began to be recognized in every prison
system because of the contribution that the work
programs in prison become more deeply felt.state
government could hardly afford to provide the
funds with which to run the prisons because of the
economic depression that hit the united states
Limited its scope in the social field to the problem
of traffic women and children .Gradually the
league broadened the scopes of its activities in the
filed and soon assume responsibility regarding
child welfare.
The question of the treatment of adult offenders
was actually taken up by the league of nations in
1930.
In 1934 the league of nations adopted the
standard minimum rules for the treatment of
prisoners ,drafted by IPPC.
b. Correction / Reformation – as shown by
the rule which regulate the execution of the
penalties consisting in deprivation of liberty.
THE UNITED NATIONS PROGRAMME
c. Social Defense- Shown by its inflexible
severity
to
recidivist
and
habitual
delinquencies.
The social commission of the United Nations in the
first session in 1946 ,expressed the view that the
United Nations should assume the responsibility
for the international action in the field of crime
prevention
and
treatment
of
offenders
,negotiations between the United nations and the
International Penal and Penitentiary commission
led to an agreement for the dissolution of the latter
body and for the transfer of its function to the
United nations .this plan of integration was
approved by the IPPC on august 12 ,1950 .The
IPPC was actually dissolved on October 1. 1951
PENALTIES
THEORIES JUSTIFYING PENALTY
the following are theories justifying penalties
a) Prevention- the state must punish the
criminal to prevent or suppress the danger to
the state arising from the criminal act of the
offender.
b) Self defense- the state has a right to punish
the criminal as a measure of self defense so
as to protect society from the threat and
wrong inflicted by the criminal.
PENALTY DEFINED
c)
Reformation - the object of punishment in
criminal cases is to correct and reform the
offender.
d)
Exemplarity – the criminal is punished to
serve as an example to deter others from
committing crimes.
CONCEPT OF PENALTY
e)
Penalty in its general sense signifies pain ;especially
considered in the juridical sphere ,it means suffering
undergone ,because of the action of human society
,by one who commits a crime
justice - by the state as an act of retributive
justice ,a vindication of absolute right and
moral law violated by the criminal .
THE CLASSES OF INJURY CAUSE BY THE
CRIME
 Penalty is the punishment imposed by lawful
authority upon a person who commits a
deliberate negligent act.
 Penalty is the suffering that is inflicted by
the state for the transgression of law
DIFFERENT JURIDICAL CONDITIONS OF
PENALTY
1. Must be Productive of Suffering, without
however affecting the integrity of the human
personality.
2. Must be Commensurate with the offense.
Different crimes must be punished with
different penalties
3. Must be Personal- No one should be
punished with the crime of the.
4. Must be legal Legal- It is a consequence of a
judgment according to law.
5. Must be Certain – No one may escape its
effects.
6. Must be Equal to all
7. Must be Correctional.
THREE FOLD PURPOSE OF PENALTY
The Three-fold purpose penalty:
a. Retribution / Expiation – penalty is
commensurate with the gravity of the
offense.
1) Social Injury – Repaired through the
imposition of the corresponding penalty.
Offended party cannot pardon the offender
so as to relieve him of the penalty.
2) Personal Injury – Repaired through
indemnity. it can be waived by the offended
party.
MEASURES OF PREVENTION THAT ARE NOT
CONSIDERED AS PENALTY
1) The arrest and temporary detention of
accused person (preventive imprisonment)
as well as their detention by reason of
insanity or imbecility or illness requiring their
confinement in a hospital.
2) The commitment of
reformatory institution
a
minor
to
a
3) Suspension from employment or public
office during the trial or n order to institute
proceedings.
4) Fines and other corrective measures
which ,in the exercise of their administrative
or disciplinary powers ,superior officials may
impose upon their subordinate
3. Suspension,
4. Destierro.
5) Deprivation of rights and the reparations
which the civil law may be establish in penal
form
D. Light penalties:
1) Arresto menor,
2) Public censure.
WHEN IS AN ACCUSED CONSIDERED
PREVENTIVELY IMPRISONED
D. PENALTIES COMMON TO THE THREE
PROCEEDING
1) Offense charged is non-bailable , or
2) Even if bailable, he cannot furnish the
required bond
a. Fine, and
b. Bond to keep the peace
WHEN IS AN OFFENDER PREVENTIVELY
IMPRISONED ENTITLES TO DEDUCTION FROM
PENALTY IMPOSED
Accessory Penalties
a. Perpetual
or
temporary
absolute
disqualification
b. Perpetual
or
temporary
special
disqualification
c. Suspension from public office, the right to
vote and be voted for, the profession or
calling,
d. Civil interdiction,
e. Indemnification,
f. Forfeiture or confiscation of instruments and
proceeds of the offense,
g. Payment of costs.
1. Full Time- if he agrees voluntarily in writing
to abide by the same disciplinary rules
imposed upon convinced prisoners.
2. 4/5 or 80% of the time – if he does not
agree to such rules mentioned aboved
WHO ARE NOT ENTITLED TO DEDUCTION
1. Recidivists
2. Habitual Delinquents
3. Those who, upon being summoned for the
execution of their sentence, failed to
surrender voluntarily.
THE GENERAL CLASSIFCATION OF PENALTIES
1. Principal penalties – those expressly
imposed by the court in the judgment of
conviction.
WHAT IS SUBSIDIARY IMPRISONMENT
A:
Personal penalty prescribed by law in
substitution of the payment of fine embodied in the
decision when the same cannot be satisfied
because of the culprit‟s insolvency. (People v.
Jarumayan, 52 O.G. 248)
2. Accessory penalties – those that are
deemed included in the imposition of the
principal penalties.
THE PRINCIPAL PENALTIES ACCORDING TO
DIVISIBILITY
1. Indivisible penalties – those which have no
fixed duration. Includes: death and
reclusion perpetua.
CLASSIFICATION OF PENALTIES
Scale,
Principal Penalties
2. Divisible penalties – those that have fixed
duration and are divisible into three periods.
Includes: reclusion temporal down to arresto
menor.
A. Capital punishment:
1. Death
THE PENALTIES ACCORDING TO THEIR
GRAVITY
B. Afflictive penalties:
1. Reclusion Perpetua,
2. Reclusion temporal,
3. Perpetual or temporary absolute
Disqualification,
4. Perpetual
or
temporary
Disqualification,
5. Prision mayor.
C. correctional penalties:
1. Prision correctional
2. Arresto mayor,
1.
2.
3.
4.
Capital
Afflictive
Correctional
Light
speciaL
Fines: May be imposed as an alternative or single
penalty.
1.
2.
3.
Afflictive – over P6,000
Correctional – P200 to P6,000
Light – less than P200
DURATION AND EFFECT OF PENALTIES
CIVIL INTERDICTION DEFINED
THE DURATION OF PENALTIES
Penalty
Reclusion perpetua
Reclusion temporal
Prision mayor and
temporary
disqualification
Prision Correctional
Suspension and
Destiero
Arresto mayor
Arresto menor
Bond to keep the
peace
Duration
20 years and 1 day to
40 years
12 years 1 day to 20
years
6 years 1 day 12
years
6 months I day to 6
years
RULES ON COMPUTATION OF PENALTIES
1 month and id ay to
6 months
1 day to 30 days
Discretionary on the
court
DISTINCTION BETWEEN THE PENALTY OF
RECLUSION PERPETUA AND LIFE
IMPRISONMENT
Reclusion perpetua
Pertains to the penalty
imposed for violation of
the RPC
It has fixed duration
It carries with it
accessory penalties
Although reclusion
perpetua has been
given a fixed duration,
Life imprisonment
Pertains to the penalty
imposed for violation of
special laws
It has no fixed duration
It does not carry with it
accessory penalties
, it has remained to be
an indivisible penalty.
Indivisible penalties
have no durations.
WHAT IS THE NATURE THE PENALTY OF
DESTIERRO
A: Destierro is a principal penalty. It is a
punishment whereby a convict is vanished to a
certain place and is prohibited from entering or
coming near that place designated in the sentence
not less than 25 kilometers but not to extend beyond
250 kilometers
PENALTIES WHICH ARE CONSIDERED BOTH
PRINCIPAL AND ACCESSORY PENALTIES
1. Perpetual
or
temporary
disqualification;
2. Perpetual
or
temporary
disqualification;
3. Accessory Penalties
Civil interdiction is an accessory penalty. Civil
interdiction shall deprive the offender during the tie
of his sentence:
1. The rights of parental authority or
guardianship either as to the person or
property of any ward;
2. marital authority;
3. The right to manage his property; and
4. The right to dispose of such property by any
act or any conveyance inters vivos.
absolute
special
Accessory penalties need not be stated in the
sentence.
The accessory penalties follow the principal penalty
imposed for the crime as a matter of course; they
are automatically imposed even though they are not
stated in the judgment.
1. Offender is in prison - duration of the
temporary penalties is from the day on which
the judgment conviction becomes final.
2. Offender not in prison – duration of penalty
consisting in the deprivation liberty is from
the day that the offender is placed at the
disposal of judicial authorities for the
enforcement of the penalty.
3. Other Penalties – duration is from the day
on which the offender commences to serve
his sentence.
EFFECT OF PENALTIES
1.
Perpetual
or
Temporary
Disqualification for public Office:
Absolute
a) Deprivation
of
public
offices
and
employment, even if by election.
b) Deprivation of the right to vote or to be
elected.
c) Disqualification for the offices or public
employments and for the exercise of any
rights mentioned.
d) Loss of right to retirement pay or pension for
any office formerly held.
Perpetual absolute disqualification lasts during the
lifetime of the convict.
Temporary absolute disqualification lasts during the
term of the sentence, and is removed after the
service of the same.
2
.Perpetual
or
Temporary
Special
Disqualification for Public Office,profession or
Calling:
a) Deprivation of the office, employment
profession or calling affected.
b) Disqualification for holding similar offices or
employments perpetually during the term of
the sentence.
3.
Perpetual
or
Temporary
Special
Disqualification of the Right to Suffrage:
a) Deprivation of the right to vote or to be
elected to any public office.
b) Cannot hold any public office during the
period of the disqualification.
4. Suspension from Public Office Profession
Calling or the Right to Suffrage
a) Disqualification from holding such office or
exercising
such
profession
or
calling or right of suffrage during the term of
the sentence.
b) If suspended from public office, he cannot
hold another office having similar functions
during the period of suspension.
5. Civil Interdiction:
1. Deprivation of the rights of parental authority
or guardianship
of any ward.
2. Deprivation of martial authority.
3. Deprivation of the right to manage his
property and of the right to dispose of such
property by any act or any conveyance inter
vivos.
6. Bonds to Keep Peace:
Offender must present to sufficient sureties who
shall undertake that the
offender will not
commit the offense sought to be prevented, and in
case such offense be committed, they will pay the
amount determined by the court; or
a) Offender must deposit such amount with the
clerk of court to guarantee said undertaking;
or
b) Offender may detained if he cannot give the
bond, for a period;
Not to exceed 6 months- for grave or less grave
felony, or
Not to exceed 30 days- for a light felony
Bond to keep peace is different from bail bond which
is posted for the provisional release of a person
arrested for accused of a crime.
the distinctions between bond to keep the
peace and bond for good behavior?
Bond to keep the Bond
for
good
peace
behavior
Failure to post a bond it
is
light
only.
to keep the peace is
The legal effect
imprisonment either for of failure to post a bond
six months or 30 days, for good behavior is not
depending on weather imprisonment
but
the felony committed is destierro under Article
grave or less grave on 284.
one hand,
BUREAU OF JAIL MANGEMENT AND
PENOLOGY
(BJMP)
INTRODUCTION
 Are important element on our nation „s
correctional system ,serving at the most
commonly used type of confinement in 1166
King Henry 11 of England ordered every
sheriff to establish a goal pronounced jail in
his shire for the purpose of sewing offenders
until they could be brought before the king, s
court .
 Furthermore ,jailers were often unsalaried
,earning a living by collecting fees from those
they kept incarcerated in 1577 in England
,Workhouses or Bridewells also evolved
during this time .providing additional profit to
greedy jailers who hired out their prisoner to
local merchants.
BUREAU OF JAIL MANAGEMENT AND
PENOLOGY
The bureau of Jail management and Penology was
created pursuant to RA 6975 signed on December
13 1990 and became known as the DILG Act of
1990.
Anather agency tasked under the Corrections Pillar
to supervise sentenced Municipal and city Prisoner
as well as detainees awaiting trial or awaiting court
decisions are the BJMP .the methodology of its
supervision is closely patterned after that of bureau
of corrections
Under section 60 , the Bureau of jail Management
and Penology ,hereinafter referred to as Jail bureau
,is hereby created initially consisting of the existing
officer and none uniform members of the office of
the Jail Management and Penology as constituted
under Presidential Decree No &65 under defunct
Philippine Constabulary /Integrated National Police.
Jails
 are institution for the confinement of person
who are awaiting final disposition of their
criminal cases and also for the service of
those convicted and punished with shorter
sentences, usually up to three years.
Types of Jails:
1) Lock-up Jails- is a security facility for the
temporary detention of person held for
investigation
or
awaiting
preliminary
investigation.
2) Ordinary jail – houses both offenders
waiting court action and those serving short
sentence
usually
years./Provincial Jail
up
to
three
3) Workhouse, jail farm,Camp - jail farm/camp
houses- minimum custody offenders serving
short sentence with constructive work
programs.
PROVINCIAL AND SUB-PROVINCIAL JAILS
Provincial Jail System was first established in 1910
under American Regime. Each of the seventy-six
(76) provincial jails supervised and control by their
respective provincial government.
The Provincial Jail of Cebu with the Dancing
Inmate
 Known as Cebu Provincial detention
Rehabilitation Center (CPDC)
 Is a maximum security prison in Cebu,
Cebu Province.
 Byron Garcia the warden who created the
dancing program for inmates
 Becomes famous you tube sensation for
their thriller dance video ,performed a stage
tribute for their idol ,Michael Jackson
 Their choreographer Gwendolyn Lador
 Garcia
first
uploaded
of
prisoner‟s
choreography was the Algorithm March but
this was almost entirely ignored ,but the next
upload thriller had a massive response
Sub-Provincial Jails.
There are twenty-one (21) sub-provincial jails and
it was also established and constructed by the
Provincial Government to house prisoners whose
prison term ranges from six (6) months and one (1)
day to three (3) years and other inmates undergoing
court proceedings
THE CHILD AND YOUTH WELFARE CODE
Another land Mark legislation regarding correction is
the one pertaining to youth offenders .On December
10, 1974,Presidential Decree No .603 otherwise
known as Child and Youthful Welfare Code of 1974
was promulgated .this code became the Magna
Carta for Children and was the first in the entire
ASEAN region.
All this facilities were centralized and located at what
was known as Welfareville in Mandaluyong, which
was still then part of the province of Rizal .
Welfareville a fiftyhectare land with forty –(40)
building . Five of the building were for the homeless
neglected displaced and abandoned boys picked up
by the Police ,The Training School for boys and the
confinement institution for youth in conflict with the
laws ,and a home for the aged and the firm.
On November 29, 1969 the Philippine Training
School for boys was transferred to Sampaloc,
Tanay,and Rizal where it continues to stay to this
day
.it
was
named
Vicente
Madrigal
Rehabiliatation Center . (VMRC) in honor of the
one who donated the land Eventually ,However, it
returned to its old official name ,the National training
Schools for Boys.
On the other hand, the Philippine Training School for
girls transferred to Alabang which became the
Marillac Hills up to this day, However ,in view of
theincreased incidence of child abuse and
exploitation .Marillac Hills now only has a cattage for
youthful offenders
Presidential Decree 765 –
enacted last July 16, 1975 creating the Office of
the Jail Management and Penology under B/Gen.
Laquian, during that time 18-22% of the annual
income of the local government were given to
PC/INP as their salaries and allowances. The city
and municipal jails were under the supervision and
control of the local PC/INP and supported by the
local government financially.
Republic Act 6975 – “DILG Act of 1990”,
which creates the PNP, Fire and Jail Services as
separate and distinct bureaus, on July 1, 1991,
BJMP was created under the DILG to supervise and
control the administration and operation of all
district, city and municipal jails
.
POWER ,FUNCTION AND ORGANIZATION OF
JAIL BUREAU (BJMP)
POWER
Before P.D. 603 went into effect ,however ,there is
already a long existing law covering the probationary
treatment of juveniles in conflict with law .this is
commonwealth Act No 3203 that went into effect on
December 3, 1924. This the first youth offender;s
law of the land .This law established the welfare
institutions,which took responsibility of taking charge
of all Government child caring institution.Home for
the aged and infirm as well as the Philippine training
School for boys they were put under supervision of
the office of Public Welfare Commission
 The BJMP exercises supervision and control
over all cities and Municipal Jails . The
Provincial Jails shall be supervised and
controlled by the provincial Government
within its jurisdiction ,whose expenses shall
be subsidized by the national Government
for not more than 3 years
NOTE:
 RA No 9263 –An act providing for
professionalization of the BFP and BJMP
 Director Charles s Mondejar took his oath of
office on July 1 of 1991 as the first chief of
the Bureau.
 At Present Director Rosendo Moro Dial
Ceso 111
The Bureau shall exercise supervision and control
over all district, city and municipal jail to ensure
secured, clean, sanitary and adequately equipped
jail for the custody and safekeeping of city and
municipal prisoners, any fugitive from justice or
persons detained awaiting investigation or trial
and/or transfer to national penitentiary, and any
violent, mentally-ill person who endangers himself or
safety of others.
Known as the Bureau of Fire protection and Bureau
of jail Management and Penology Act of 2004
amending certain provision of R.A. 6975 providing
funds therefore and for other purposes
WARDEN
 is responsible for the direction, coordination
and control of the personnel.
 As well as security ,safety,discipline and well
beings of inmates
 May organize the following Units
1. Intelligence and investigation team- it
gathers, collect and submits intelligence
information to the office of the warden
on matter regarding the jail conditions
2. Jail inspectorate section –inspect jail
facilities ,personnel ,and prisoners and
submit reports to the warden.
3. Public Relation office- Maintain public
relation to obtain the necessary and
adequate public support
ASSISTANT WARDEN
 Undertakes the development of a
systematic process of treatment
 Chairman of the classification board and
disciplinary board.
ADMINISTRATIVE GROUPS
1. Personnel management branch




Assignment of personnel
Procedures of selection
Preparation of personnel report
Individual records
2. Record and Statistic Branch
 Keep and maintain booking sheets and
arrest reports
 Keep an orderly record of fingerprints and
photographs
 Prepare/present
statistical
data
of
equipments and supplies
3. Property and supply branch
 Take charge of safekeeping of equipments
and supplies
4. Budget and Finance branch
 Take charge of all financial
5. Mess service branch
 Take charged of preparation of daily menu
6. General service branch
Responsible for the maintenance and repair
of jail facilities and equipments
CUSTODY, SECURITY AND CONTROL,
MOVEMENT AND TRANSFER OF
PRISONERS AND DETAINEES
CONCEPT: The overall concept of jail security
operations encompasses both prevention and
rehabilitation. These two efforts are inseparable
as neither can be accomplished without the
other. Jail security is necessary to safeguard the
lives of people residing within the vicinity, those
managing the jails, and inmates whose lives are
to be rehabilitated to become constructive
members of the society.
DUTIES OF THE CUSTODIAL FORCE
Members of the custodial force shall have the
following duties and responsibilities:
a) Supervise and maintain order and discipline
of inmates in housing units, those assembled
for religious services, entertainment and
athletics, during meals, classes, work details,
baths and visits;
b) Censor offender‟s mail;
c) inspect security devices;
d) Maintain inner and outer perimeter security;
e) Escort inmates to court, other authorized
places of confinements and to hospitals in
cases of emergencies;
f) Insure custody and safety to those confine in
jail;
g) Escort visitors within the jail premises;
h) Report any infringement of rules and
regulations to proper authorities;
i) Inform the Warden of any emergency case;
j) Keep and maintain records of the inmates;
k) Perform such other duties as may be
assigned by competent authority.
SECURITY AND CONTROL
The following guidelines should be strictly
observed in jail, security and control:
a) Maintain strict control of firearms. Never
permit any firearm inside the jail except in
some areas where firearms are authorized.
b) Maintain 24-hour supervision of inmates.
c) Maintain a system of key control, which shall
include an accurate listing of all keys and of
receipting them. Never permit the inmates to
handle keys or to study them.
d) Secure firearms and anti-riot equipment in
the armory where they shall be within easy
reach of the jail guard and yet afford
maximum security against access by
offenders.
e) Supervise the proper use of tools and other
potentially dangerous articles such as
bottles, acids, kitchen knives, etc., and keep
them out of offenders reach when not in use.
f) Conduct regular inmates‟ count at least four
(4) times within the 24-hour a day-period.
Establish procedures, which will ensure
beyond doubt, that every offender is
physically present or accounted for, at every
count.
g) Conduct frequent surprise searches of
offenders and their quarters to detect
contraband.
h) Conduct frequent inspections of security
facilities to detect tampering or defects.
i) Guard against escapes, assault on jail
personnel and inmates‟ disturbances.
j) Develop plans dealing with emergencies like
escapes, fires, assaults, riots, and noise
barrage. Make plans known and understood
by jail personnel.
k) Never allow a jail guard to open the inmates‟
cells alone. At least, another guard should be
present.
l) Select carefully the inmates to be assigned
as orderly or aide and maintain rigid control
over their activities. No offender should be
allowed to assume any of the authority,
which belongs to the jail staff or shall any
inmate be allowed to exercise authority,
supervision and control over other prisoners.
INMATE’S COUNT
It is a part of the institutional procedure that at
specified times during each 24-hour period, all
inmates are physically counted, for this type of
count, the general procedures are as follows:
a) Each inmate is counted physically at
specified times;
b) During the count, all movements of inmates
shall cease until the count is completed;
c) The count must be accurate. A positive
verification must be made that the inmates
are physically present;
d) Result of each of a group of inmates is
submitted to the Warden and/or Deputy
Warden; and
e) If the total jail count does not tally with the
total jail population in any given time,
verification shall be made. An immediate
report shall be rendered to the Warden
and/or Deputy Warden for any unaccounted
inmate.
DINING ROOM SECURITY
a) As a general precaution, individual mess
utensils of inmates shall be made of plastics.
b) When dining rooms are provided, the
inmates should be marched in column of
two‟s along designated routes under the
supervision of one or two jail personnel.
Other official‟s must be stationed along the
route to direct the orderly movement of
inmates to and from the mess hall.
c) There must be a roving supervisor to handle
occasional disturbances or settle complaints.
d) After meals, all utensils used by the inmate
should be collected. This should be strictly
supervised by jail personnel to be sure that
no utensils are brought out of the dining
room.
e) Forks, spoons and other kitchen utensils
should be checked and accounted for after
every meal.
MAIL CENSORSHIP
Communication with relatives, friends and
lawyers are encouraged among inmates through
correspondence. However, this privilege will be
extended to inmates subject to following
regulations:
a) Duly designated censor, a member of the
custodial force will maintain and record all
incoming and outgoing mails of inmates;
b) The inmate‟s mail shall be opened and
searched only by qualified, trained and
authorized jail personnel;
c) Letters containing currency, checks or
money should be marked with the amount
enclosed and deposited with the Trust
Officer or Property Custodian.
d) All greeting cards should be carefully
examined and fillers of any kind found
therein should be collected for laboratory
examination;
e) Photographs clearly within the scope of the
jail regulations should be marked on the
reversed side and placed in the envelop;
f) Prison slang, unusual nicknames and
sentences with double meaning should be
carefully studied and analyzed to determine
the real meanings;
g) All letters containing statements concerning
the security or reputation of the jail, like
attempts of escape, smuggling of contraband
and statement that may affect the rules and
regulations etc., shall be forwarded to the
Officer-in-Charge of mail censorship;
h) All letters passed by censors should bear the
stamp at the top of each page and on the
envelope.
i)
Contents of inmate‟s mail should not be
discussed with other jail personnel, except
for official purposes;
MOVEMENT/TRANSFER OF INMATES
Circumstances that an inmate may be moved
or transfer
1. Subject to the conditions set forth by the
succeeding rules and procedures an
inmate may be brought out from jail in
any of the following instances
a) To appear ,as a witness or as accused
,before any court of justice ,during
preliminary investigation ,arraignment or
hearing of criminal case
b) To appear as a witness with leave of court in
any investigation or formal inquiry conducted
by a government agency or
c) To view with leave of court the remains of a
deceased relative within the second degree
of affinity and consanquinity
d) To undergo with leave of court medical
examinations or treatment in an outside
hospital clinic
2. No inmate may be transferred to another
institution only upon specific order of the
court having jurisdiction over him/her except
in cases of serious illness where
hospitalization is necessary and the detainee
has to be immediately taken to the nearest
hospital ,with tHe court subsequently notified
3. In any emergency or other compelling
situations /necessities ,when transfer to the
other jails of inmates involved is necessary
to ensure the safety and security of the
inmates and personnel ,the warden can
recommend to the Regional Director ,
verbally or in writing their immediate transfer
,on the first hour of the following working day
,the court concerned must be informed of the
said transfer
4. For those inmates who wish to view the
remains of a deceased relatives ,leaves of
court shall first be obtained
However the warden may request
reconsideration from the court to recall and
disapproved said order under any of the
following grounds
a) The deceased relative is lying in state in a
place beyond 3o kilometer radius from the
place of confinement of the inmate or, in any
case where the inmate cannot return to said
place during day light hours
b) The detainee has a record of escape,and
c) The detainee is classified as high risk high
profile and the jail ahs inadequate resources
and those of the jail officers escorting him
5. Before leaving the jail for the authorized
destinations ,the inmate shall turn over to the
warden such amount that may be necessary
to pay for his transportation and meal
expenses and those of the jail officers
escorting him
RULES DURING MOVEMENT OR TRANSFER
OF INMATES
1. The responsibility for the security of the
inmate being moved or transfer shall remain
with the custodian until received by another
custodian ,whenever possible transfer shall
be made during the day .any movement or
transfer of inmates shall be treated
confidentially
2. Prior movements or transfer all jails officers
shall be given detailed instruction on their
duties and responsibilities to include specific
instruction that the most direct route to the
destination must be followed
3. An inmate being moved or transfer shall be
handcuffed and secured to any part of the
vehicle during transit to avoid being trapped
in case of accident
4. Before any movement or transfer ,all inmates
shall be inspected and searched foe
dangerous weapons or objects ,which may
be used for escape or self destruction
5. As a general rule ,inmates under escort shall
always be under watchful eye of the jail
officer. the jail officer shall always be closed
enough to the inmate being escorted to be
able to respond effectively in case of
emergency
6. In case an inmate is move /transferred from
one jail to another facility or correctional
institution ,his/her carpeta must be forwarded
to the jail where he/she is to be confined and
duly received by the designated Records
Custodian.
The following basic security precautions shall
be observed during the transfer or movement of
inmates:
a) Do not allow inmates to tinker with the
handcuffs
b) Always ascertain that the inmate does not
have crippled ,deformed or very small hands
that will allow him /her to slip the hand cuff
off
c) Adjust the cuffs properly for tightness to
avoid the need of adjustment while on route
d) Regard all inmates being moved /transferred
as extremely notorious ,to avoid being
careless
e) Do not allow an inmate to go to toilet or
washroom alone
f) A jail officer shall be extra careful not to sit
,and stand ,or walk next to inmate while
carrying a gun as it can easily grabbed from
him
g) Stopping alone the highway while in transit is
highly discouraged ,especially when moving
or transporting inmates by vehicle hired
solely for the purpose and
h) Personal vehicle of the inmates shall not be
used for their movement or transfer
LEAVES FROM JAIL
Leaves from jail shall be allowed only on very
meritorious cases, like the following:
1) Death or serious illness of spouse, father,
mother, brother or sister, or children; and
2) Inmates who are seriously ill/injured may be
given leave for hospitalization or medical
attendance under proper escort.
RIGHTS AND PRIVILEGES OF AN INMATE
An inmate shall have the following basic rights:
1.
2.
3.
4.
5.
6.
7.
to receive compensation for labor he
performs;
to be credited with time allowances for good
conduct
and loyalty,
to send and receive mail matter;
to practice his religion or observe his faith;
to receive authorized visitors;
to ventilate his grievances through proper
channels;
to receive death benefits and pecuniary aid
for
injuries.
NOTES:
 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.
 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.
 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.
Visiting days and hours. ‑ An inmate
may be visited from Sundays to Thursdays
from 9:00 a.m. to 3:00 pm visitors shall not
be allowed to stay overnight in prison.
There shall be no visits on Fridays and
Saturdays. Due to inmate wash days and
inspection and weekly muster and
inspection of the members o of the
custodial force.
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.
Visit of legal counsel. ‑ An inmate maybe
visited by his legal counsel of record at
reasonable hours of the day or night.
PRIVILEGES OF AN INMATE
1. Attend or participate in any entertainment or
athletic activity within the prison reservation;
2. Read books and other reading materials in
the library;
3. Smoke cigar and cigarettes, except in
prohibited places
4. Participate in civic, religious and other
activities authorized by prison authorities;
and
5. Receive gifts and prepared food from visitors
subject to inspection.
RIGHT 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.
PRIVILEGES OF A COLONIST
1. Additional five days of GCTA for each
calendar months on the top of the regular
five days GCTA granted under Article 97
of the RPC
2. Automatic reduction to 30 years if
sentence is life imprisonment
3. To bring his family or the woman he will
marry to live with him .His family or
fiancee
will
be
reimbursed
their
transportation expenses in going to the
facility to live with the inmate and return
transportation expenses upon release.the
family may also be entitled to avail of
prison facilities like hospitals,schools
and others for free ,family mebers
,however, are subject to the rules being
implemented in the facility
4. Reasonable amount of clothing and
ordinary household supplies from the
government commissary as special
reward to deserving colonist and
5. To wear civilian clothes on such special
occasions as may be designated by the
superintendent
Note : husband and wife inmates may serve their
sentence together in a prison and penal farm as
soon as both are classified as colonists
The superintendent may revoke3d the colonist
status for cause with the concurrence of the
director of prisons
2) Sentenced prisoners offenders who are committed to the
jail or prison in order to serve their
sentence after final conviction by
competent court,
 prisoners under jurisdiction of penal
institution
COMMITMENT AND CLASSIFICATION
OF INMATES
COMMITMENT. – Means the entrusting for
confinement of an inmate to a jail by competent
court or authority for investigation, trial and/or
service of sentence.
3) Prisoners who are on safe keeping.
 Includes non criminal offenders who
are detained in order to protect
community against their harmful
behavior
Ex mentally deranged individuals
,insane person.
COURT AND ENTITIES AUTHORIZED TO
COMMIT PERSON TO A JAIL
The following (courts and entities) are authorized to
commit a person to jail:
1. Supreme Court
2. Court of Appeal
3. Regional Trial Court
4. Metropolitan/Municipal Trial Court
5. Municipal Circuit Trial Court
6. Board of Transportation
7. Deportation Board
8. Commission .of Election
9. National Prosecution Service
10. Police Authorities
11. All other administrative bodies as maybe
authorized by law
CLASSIFICATIONRefers to assigning or grouping of inmates
according to their sentence, gender, age, nationality,
health, criminal records, etc.
WHO IS A PRISONER
 A prisoner is a person who is under the
custody of lawful authority .A person who by
of his criminal sentence or by decision
issued by a court ,may be deprived of his
liberty or freedom
 A prisoner is any person detained /confined
in jail or prison for the commission of criminal
offense or convicted and serving in a penal
institution
 A person committed to jail or prison by a
competent authority for any of the following
reasons .to serve a sentence after conviction
trial o-investigation
GENERAL CLASSIFCATION OF PRISONERS
1) Detention Prisoners
 those
detain
for
investigation
,preliminary hearing ,or awaiting trial.
A detainee in lock up jail they are
prisoners under the jurisdiction of
courts .
WHEN JUDGEMENT BECOMES FINAL
A JUDGEMENT BECOMES FINAL
1. When the period for perfecting an appeal has
lapsed
2. When the sentence is partially or totally
satisfied or served
3. When the accused expressly waived in
writing his right to appeal and
4. When the accused applies for probation
WHEN JUDGEMENT OF ACQUITTAL BECOMES
FINAL
A judgment of acquittal becomes final immediately
after promulgation and cannot be recalled for
correction or amendment any modification thereof
will result in double jeopardy
CLASSIFICATION OF SENTENCED PRISONERS
The four (4) main classes of prisoners are, namely:
1. Insular/National Prisoner – One who is
sentenced to a prison term of three (3) years
and one (1) day to death.
2.
Provincial Prisoner – One who is sentence
to a prison term of six (6) months and one (1)
day to three (3) years. Or those detain
therein waiting for preliminary investigation of
their case cognizable by the RTC
3. City Prisoner – One who is sentence to a
prison term of one (1) day to three (3) years.
Or a fine of not more than 1.000 pesos or
both or Those detain therein whose cases
are filed with the MTC or those detain therein
whose cases are cognizable by the RTC and
under Preliminary investigation
4.
Municipal Prisoner – One who is sentence
to a prison term of one (1) day to six (6)
months. Those detain therein whose trial of
their cases are pending with the MTC
5. Sentenced youth offender-are sent to
Regional rehabilitation centers operated by
DSWD.
CLASSIFICATION OF DETAINEES –
The three (3) types of detainees are those :
a) Undergoing investigation;
b) Awaiting or undergoing trial ; and
c) Awaiting final judgment.
CLAASIFICATION OF PRISONERS ACCORDING
TO DEGREE OF CUSTODY
Classification of inmates as to security risk.
1. 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;
An inmate shall be assigned to any of the
following security groups:
a) those sentenced to death;
b) Those whose minimum sentence is
twenty (20) years
imprisonment;
c) Remand inmates or detainees whose
sentence is twenty
(20)
years and above and
d) those whose sentence are under
review by the Supreme Court or the
Court of Appeals;
e) Those with pending cases;
f) Recidivists, habitual delinquents and
escapees;
g) those confined at the RDC
h) Those under disciplinary punishment
or safekeeping;
i) Those who are criminally insane or
j) those with severe
personality or emotional disorders
that make them dangerous to fellow
inmates or the prison staff.
2. Medium Security- this shall include those
who cannot be trusted in less -secured areas
and whose conduct or behavior require
minimum supervision
Under this category are:
a) Those whose minimum sentence is less than
twenty (20) years imprisonment,
b) Remand inmates or detainees whose
sentences are below
twenty
(20)
years;
c) Those who are eighteen (18) years of age
and below,
regardless
of
the
case and sentence;
d) 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 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.
e) Those who were detained in a city and/or
provincial jail shall not be
entitled
to said classification.
3. Minimum security ‑This shall include those
who can be reasonably trusted to serve their
sentences under less restricted conditions.
Under this category are.
a) those with a severe physical handicap as
certified by the chief medical officer of
the prison;
b) those who are sixty‑five (65) years old
and above,
without pending case
and whose convictions are not
on
appeal;
c) 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
d) Those who have only six (6) months more
to serve
before the expiration of their
maximum sentence.
Correctional institutions are mostly diversified on the
basis of degree of custody, among which are the
following:
1. Super Security Facility:
A small portion of any prison population
consists of incorrigibles, recidivists, escape
artists, and chronic troublemakers. This
category of prisoners should be confined in a
unit or institution separate from the general
population. Ideally they should be confined
in a super maximum type of prison, like
Alcatraz, where escape is quite impossible.
2. The maximum Security Institution:
This type of institution is characterized by
thick wall enclosures, 18 to 25 feet high. On
top of the wall are catwalks along which the
guards patrol at night. At corners and
strategic places are tower posts manned by
heavily armed guards. The housing units
within the walls are of the interior cell block
type. Inmates confined in this type of
institution are not allowed to work outside the
institutions but are assigned to industrial
shops within the prison compound.
6) Grandparents
3.
The Medium Security Institution:
two layers of wire fence usually enclose this
type of institution. The inner fence is 12 to 14
feet high with curb and the outer fence is 8 to
12 feet high. The two fences are from 18 to
20 feet apart. Usually the top portion of the
fence is provided with barbed wire. The
perimeter fence requires a minimum number
of personnel to guard it. The housing units
consist of outer single cells, honor rooms,
squad rooms and dormitories. The inmates
may be allowed to work outside the fence
under guard escorts.
4. The minimum Security Institution:
This type of institution is usually without a
fence, and if there is one, its purpose is to
keep away the civilian population from
entering the institution rather than preventing
escapes. There are no bars or keys to
neither dormitories nor armed guards within
the institution.
5. The Special Security Facility:
About two percent of an Unselected prison
population will consist of incorrigibles,
intractable, and dangerous persons who are
so difficult to manage that they are a source
of constant disturbance and difficulty even in
the typical maximum security institution.
The color of the uniform of an inmate shall be
based on his security classification, as follows:
Maximum security Medium security
Minimum security
detaine
Tangerine
Blue
Brown
Gray
PRISONER AUTHORIZED TO GO OUT OF THE
PRISON
A prisoner may be taken out of prison in any of the
following instances.
1) For appearance in court or other government
agencies.
2) For medical treatment or examination
3) For viewing the remains of relative
Pursuant to Executive Order No. 70 only medium
and minimum security prisoners may be allowed
to view the remains of the immediate members of
their families within the second degree of
consanguinity as follows:
1)
2)
3)
4)
5)
Wife/Husband
Children
Brother and Sister
Father or Mother
Grandchildren
The inmate may be allowed more or less three (3)
hours to view the deceased relative in the place
where the remains lie in state but shall not be
allowed to pass any other place in transit, or to join
the funeral cortege.
Distance of travel.
The privilege maybe 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.
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:
1. Wife or husband (marriage certificate);
2. Child (birth certificate of child and marriage
certificate of the inmate);
3. Brother/sister
(birth
certificate
of
brother/sister and birth certificate of the
inmate);
4. Father/mother (birth certificate of the
inmate);
5. Grandchild (birth certificate of grandchild and
of the latter's parent who may be son or
daughter of the inmate);
6. Grandparent (birth certificate of the inmate
and of his/her parent who is the
son/daughter of the deceased grandparent).
OUTSIDE MOVEMENT OF DEATH CONVICT
A death convict shall not be allowed to leave his
place of confinement except for the urgent
treatment or diagnosis of a life threatening or
serious ailment, if the diagnosis cannot be done
or the treatment provided in the prison hospital.
Basis of court appearance
The court appearance of an inmate shall be
based on a subpoena issued by the court as
endorsed by the Director.
EMPLOYMENT OF PRISONERS
The employment of prisoners has other values.
Inmates who work contribute to their own support
and thereby reduce the tax burden on the free
citizens who are required to bear the expense of
maintaining penal institutions.
pronouncement or death; and the removal of the
intravenous system,
Work not only lessens the boredom of institutional
life, but also is a means where by inmate‟s maintain
or regain, their self-respect.
Administering of lethal drugs. –
Female inmate
A female inmate shall only be assigned to work on
jobs suitable to her age and physical condition. She
shall be supervised only by women officers.
Old inmate
An inmate over sixty (60) years of age may be
excused from mandatory labor.
take place until after the expiration of at least eight
(8) hours following the notification, but before
sunset.
During the interval between, and 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 the 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.
Suspension of execution of the death sentence.
–
Execution by lethal injection shall not be inflicted
1. Upon pregnant woman
2. a woman within one year after delivery, nor
3. upon any person over seventy (70) years of
age. In this last case, the death sentence
shall be commuted to the penalty of
reclusion perpetua with the accessory
penalty provided in article 40 of the Revised
Penal Code.
Place of execution.
The execution by lethal injection shall take place in
the prison establishment and space thereat as may
be designated by the Director. Said place shall be
closed to public view.
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
The injection of the lethal drugs to a death convict
shall be made by a person designated by the
Director.
Identity of relatives of death convict and of person
administering lethal injection - The identity of the
relatives of the death convict and the person who
were designated to administer the lethal injection
shall be kept secret.
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
e. two (2) from foreign press
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.
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.
Time for burial –
The burial of 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.