CA 1 INSTITUTIONAL CORRECTIONS WHAT IS CORRECTION? It is a branch of the Criminal Justice System concerned with the custody, supervision, and rehabilitation of criminal offenders. It is the field of criminal justice administration, which utilizes the body of knowledge and practices of the government and society in general involving the process of handling individuals who have been convicted of the offense for purpose of crime prevention and control. Concept of Correction Prisons were invented with the most humanitarian objectives. The purpose of incarceration was, originally, to spare wrongdoers from the cruelty of corporal and capital punishment. Objectives of Correction •The basic purpose of correction is to keep criminals away from the society in which they had committed offense. As a part of criminal-justice system, correction provide housing programs for the offender, and thus is the most serious punishment(counting out death penalty) to which a free society can condemn an individual. Correction as a Process • Correction as a process is the orientation of the criminal offenders to prevent them from repeating their delinquent actions without the necessity of taking punitive action, but rather an introduction of individual measures for reformation. Institutional Correction- It is also referred as penology or penal SCience PENOLOGY is the division of criminology that focuses on the philosophy and practices of society in its effort to repress criminal activities. Its root word, POENA, is a Latin word that means pain or suffering. Basic Legal Doctrines that Governs Corrections • Pro Reo- This is in consonance with the fundamental rule that all doubts shall be construed in favor of the accused and consistent with the presumption of inno cence of the accused. This is peculiar only to criminal law Nullum crimen, nulla poena sine lege- There is no crime when there is no law punishing such crime. This is true to civil law countries, but no to common law countries Common Law- is generally uncodif ed. This means that there is no comprehensive compilation of legal rules and statutes. It is largely based on precedent, meaning the judicial decisions that have already been made in similar cases. A jury of ordinary people without legal training decides on the facts of the case. The judge determines the appropriate sentence based on the jury's verdict. Civil Law- in contrast, it is codif ied. Countries with civil law system have comprehensive, continuously updated legal codes that specify all matters capable of being brought before a court, the applicable procedure, and the appropriate punishment for each offense. Take Note: There is no common law in the Philippines. Thus, No matter how wrongful, evil or bad an act is, if there is no law defining the act, such act is not considered a crime" School of Thought on Criminal law • Classical or Juristic Philosophy- criminal acts are the products of man's free will, and the purpose of penalty is retribution. Punishment can be a deterrent for a crime, so long as it is proportional, fts the crime, and is carried out promptly. Penalty is retribution the offender is punished or made to suffer for the wrong he has done. The law does not look into human element or why the offender committed the crime. Man is regarded as a moral creature who understand right from wrong. So that when he commits a crime, he must be prepared to accept the punishment for it. It is best interpreted by the saying "an eye for an eye, a tooth for a tooth". This is the basis for the capital punishment. Positivist or Realistic Philosophy- The Purpose of Penalty is Reformation - there is great respect for the human element and no offender is regarded as a natural-born criminal. As a socially sick person, he needs rehabilitation, not punishmnent. Electic or Mixed Philosophy-This combines both positivist and classical thinking. Crimes that are economic and social by nature should be dealt with a positivist manner; thus, the law should be more compassion ate. Heinous crimes should be dealt with in a classical manner; thus, capital punishment is justified. Criminal Justice System- It is the machinery of any government in the control and prevention of crimes and criminality. Goals of Criminal Justice • To protect individuals and society • To reduce crime by bringing offenders to justice •To ensure the security of people Legislative- tasked with creating laws defining crimes, determining sentences, and providing funding for criminal justice agencies. Courts handle adjudication or trial processes. Trials are held before ajudge (bench trial) or judge and jury (jury trial), depending on the seriousness of the crime and other factors. The prosecutor and defense attorney present evidence and question witnesses. The judge or jury f nds the defendant guilty or not guilty on the origínal charges or lesser charges. Ďefendants found not quilty are usually released. If the verdict is guilty, the judge will set a date for sentencing. Corrections cover probation, parole, jail, prison and variety of new community-based sanctions, such as electronic monitoring and house arrest. The purpose of correctional agencies are to punish, to rehabilitate, and to ensure public safety. Criminal Justice System in the Philippines Law Enforcement- its function is to conduct investigation on the alleged crime committed by a person; to arrest or detain violators of the penal law or an ordinance; to effect the warrant issued by the court; and to assist Prosecution- this refers to the evaluati on of the findings of the police submitted to their office. The complaint filed by the victim is received, preliminary investigation is conducted, and the information gathered is filed and submitted to the court. It represent or acts the legal prosecutor of the offended party. conducts cross-examination of the witness before the issuance of the warrant(either warrants of arrest or search warrant, conduct arraignment, and holds trial before giving final decision on the case. complainant to fie Court- conducts cross-examination of the witness before the issuance of the warrant(either warrants of arrest or search warrant, conduct arraignment, and holds trial before giving final decision on the case. Correction• considered the weakest component of the criminal justice system. Its function is to reform the convicted offender through the rehabilitation program inside the Community• helps and coordinates the program of the government specif cally on the maintenance of Peace and order PUNISHMENT In a primeval sense, is the inf iction of some sort of pain on the offender for violating the law. In legal sense, it refers to individual redress, or personal revenge. It is therefore defined as the system of redress that state takes against the offending member. It is form of disapproval for certain behaviors that involves imposing a penalty. Punishment is also the inf iction or imposition of a penalty as a form of retribution for an offen ses Early forms of Punishment Ancient forerunners were very brutal in the exercise of punishment. Tools such as knives, axes, whip, barnacles, collars, and cuffs were commonly used to inflict punishment along with confinement in cold, dark, damp, vermin-infested dungeons. Forms of Punishment during the Primitive Era Death penalty was carried out by hanging. immersing in boiling water, burning and feeding offen ders to wild animals. Corporal punishment entailed inflicting offenders with such penalties as mutilation, disfiguration, flogging, and maiming. Public humiliation subjected an offender to being shamed by shaving off their hair, and branding them. Banishment-in v o lve d transporting offen der to barren, newly disco Vered territory and banning them from re-entering their homeland. Brutal and Ruthless Medieval forms of Punishment 1. Iron maiden-a box-like device with the front halt hinged like a door so that a person could be placed inside; when the door was shut, protruding spikes both back and front pierced the body of the victim. 2. The Rack- a box-like device with the front half hinged like a door so that a person could be placed inside; when the door was shut, protruding spikes both back and front pierced the body of the victim. Purposes of Punishment 1. DETERRENCE- discourage or intended to discourage someone from doing something. It is based on the belief that the offender, when punished and inflicted with suffering, would learn the lesson the hard way. It serve as warning to others that crime does not pay and violating the law has its consequences. Types of Deterrence vGeneral Deterrence- the state tries to convince potential criminals that the punishment they face will be certain, swift, and severe so that they will be afraid to commit an offense. v Specific Deterren ce-this involves convincing offenders that the pains of punishment are greater than the benefits of crime so they will not repeat their criminal acts. 2. Incapacitation-if dangerous criminals are kept behind bars, they will not be able to repeat their illegal àctivities. 3. Retribution-a punishment should be no more nor less than what the offenders action deserve, and must be based on how blameworthy the person is. It also refers to punishment inflicted on someone as vengeance fora wrong or criminal act. 4. Restitution- convicted criminals must pay back their victims for their loss; the justice system for the costs of processing their case; and society for any disruption the may have caused. 5.Rehabilitation- if the proper treatment is applied, an offender will present no further threat to society. It also refers to restoring someone's health or normal life by training and therapy after imprisonment, addiction, or illness. 6. Recognizance- a bond by which a person under strikers before a court to observe some con ditions, especially to appear when summoned. 7. Atonement or Expiation- this is similar to retribution wherein the penalty is commensurate with the gravity of the offense based on the norms observed by the members of the society. 8.Protection- this has been regarded as a form of social defense because members of the society would gain protection by putting criminals behind bars. 9. Reformation- it operates by attempting to reform and rehabilitate law violators, allowing them to return to the community as responsible and productive members of the society. ALTERNATIVES TO IMPRISONMENT The fact remains that there are more people being sentenced to imprisonment but there are not enough prison facilities. The increasing num of people being admitted to prison may be the result of in crease in crime, inten sive war on drugs, effective people operation and tougher prosecution. To alleviate the problem of overcrowding, more alternatives to incarcerations must be looked into. Imprisonment may be considered as a last resort for f ist-time offenders and a must only for habitual or professional criminals. In the United Kingdom and US, many non-custodial measures or alternatives to imprisonment have been widely used, which are as follows: Absolute and Conditional Discharge discharge are given for the least serious offense such as very minor thefts. It could be an absolute discharge, which means no punishment will be imposed because the experience of going to court has been punishment enough. However, the offender still gets a criminal record. A conditional discharge means that if the offender commits another crime (especially within three years), they can be sentenced for the first offense and the new one. - Binding over the court may order a defendant to be placed in custody pending the outcome of a proceedings against him or her. Binding over means holding a person for trial on bond (bail) or in jail. If the judicial of tial who conducts a hearing f hds probable cause to believe that the accu sed committeda crime, the of tial will bind over the accused, normally by setting bail or fixed amount of money for the appearance of the accused at trial. The bail will be forfeited in case the accused does not come to court on the appointment. - Fines fines are common punishment for a variety of crimes, especially less serious offenses committed by first- time offen ders. In more serious offenses or where the defendant has a criminal record, many judges combine a fine with other punishments, such as incarceration, community service, and probation. - Probation under this measure, the offen ders will be released but they have to follow the conditions fixed by the court and must be under the supervision of the officers for not less than one year and not more than three years. Possible condition s include abstaining from excessive use of alcohol or any drugs, refraining from travel outside of jurisdiction without prior permission from probation officer, and obeying all laws. - Suspension of sentence of imprisonment this means suspending or putting prison time on hold provided the defendant complies with certain other obligations (for example, completion of a drug treatment program). If the prosecution or probation department can convince a judge that the defendant violated the condition that led to the sentence being suspended in the first place, the judge has authority to order the defendant to serve the original sentence. -Committal to the care of a fit person in case the offender is less than 17 years, the court may commit him to the care of a pers on (could be a relative, a school, or orphanage) who is deem fit until he turns 18 years old. The objective is to keep him away from the bad environment that contributed to his wrongdoing. - Remission or release on license or parole remissions is the reduction of the term of prison sentence, usually due to good behavior or conduct. Release on license means that prisoners may be released at the halfway-point of their f ked sentence and spend the remaining part of the sentence 'on license, during which, they must follow strict conditions. Parole refers to the release of convicted criminals after serving portion of their sentence, provided they are suf tiently rehabilitated and do not pose a threat to society. These forms of temporary release allow offenders to re-integrate into society and rebuild family ties. Community service this measure usually involves rendering unpaid labor by the offender with assignments ranging from cleaning roadsides or performing lawn mainten an ce on government facilities, to janitorial works in the churches or schools, to building parks and playgrounds, repairing public housing and serving as volunteer in a hospital or rehab center. The community benefits from the free labor, and the city government saves money by not having jail Some offenders. - House arrest, home confinement or home detention this measure requires the offender to remain within the confines of home during the specified times and to adhere to a strict curfew. Additional conditions, such as restrictions on visitors and the prohibitions of drugs and alcohol use may also be stipulated. The offender is normally allowed to leave only for work and reasons such as grocery shopping, community service assignment and doctor's appointment. In progressive countries, the success of house arrest programs has been enhanced by the use of electronic monitoring devices, directed towards the offender's whereabouts. Day Reporting Centers these are non-residential locations, which offenders must visit daily to participate in program activities and to work out a schedule detaining their activities outside the center. Offenders are also required to maintain frequent phone communications with centers' staff and to submit to random drug and alcohol testing. - Residential Community Corrections these include halfway houses, pre-release centers, community works treatment centers and restitution centers. Residents may live their part time or full time at such centers, depending on conditions set forth by the court. These types of centers may be used as an alternative to sending an offender to jail or may be a transnational stop for offenders just released from ncarceration, to determine if they are ready to return to society. Penal Reform International (PR), an international governmental organization working on penal and criminal justice reform worldwide, introduced 10 point plan to reduce prison overcrowding: 1. Informed Public Opinion information-gathering and analysis should be part of a regular routine and the public should be kept informed about measures which work best to reduce crime. 2. Improve access to, and coordination within the criminal justice system: increasing public access to the police, court and prisons engenders public confidence and transparency. The work of criminal justice agen cies should be better coordinated and streamlined to ensure efficien cy and compliance with internation al human rights standards. 3. Invest in crime prevention and crime reduction problem solving partnerships between the police and other public agencies, business and communities can produce effective plans to reduce the risk factors that lie behind many forms of crime. These risk factors include drug misuse, family difficulties, school failure, and unemployment. 4. Divert minor cases from the criminal justice system: many cases can be effectively dealt with outside the formal criminal justice. International standards and norms recommend that prosecution and incarceration be employed only where this is proportion ate to the offense committed and there are no other appropriate options. To ensure that prisons play their proper role, including the role of rehabilitation, it is important that minor offenses be processed in different ways, such as directing a minor offender to a treatment or care program. 5. Reduce pre-trial detention in some countries, as many as 75% of the prison population are pre-trial detainees. Efforts to address lengthy detention may include increasing legal aid for defendants and enforcing time limits on criminal proceedings. 6. Develop constructive non-custodial sentences: a range of community- bas ed sentences should be available to courts including discharge, fines and commun ity service. Noncustodial senten cing can be particularly effective for women offenders who are usually apprehended for non-violent crimes and whose crimes are often closely related to their economic and social disadvantage in society. 7. Reduce sentence lengths and ensure consistent sentencing practice prison senten ces should be kept as short as possible, consistent with justice being done. In some countries, mandatory or minimum sentences restrict judges flexibility to fair judgement commensurate to the offense. Appropriate guidance is needed inform judges independent decision-making. 8. Develop, special arrangements for youth offenders that keep them out of prison: child offenders (under 18) should be diverted from the criminal justice process. An imprison ment term should be strictly a measure of last resort, for exceptional cases, and for the shortest appropriate period. Small , open facilities with minimal security measures should be developed for children serving such sentences. 9. Treat rather than punish drug addicts and mentally disordered offenders: prisons are ill-equipped to meet the needs od drug addicts or those who suffer from mental illness or learning disabilities. Overcrowded facilities can have a particular adverse effect on them. Specialist treatment facilities as alternative to imprisonment, can reduce prison overcrowding and improve outcomes in the prevention of re-offending. 10. Ensure the system is fair to all imprisonment impacts disproportion ately on the poor, the dispossessed, and the minorities who face discrimination outside. Monitoring should take place at every stage of criminal justice system to ensure that discrimination does not take place and that the efforts to reduce imprisonment suggested in this plan are made in respect of all members of the community. Extinction of Criminal Liability A.Total Extinction of Criminal Liability means that the entire penalty is extinguished and there is no more criminal liability. Under Article 89 of the Revised Penal Code (Act no. 3815 as amended) criminal liabilty is totaly extinguished: 1. By Death of the convict. When an offender dies, his criminal liability is extinguished, but his civil liability subsists, unless death occurs before final judgement. 2. By service of sentence. This means that the offender has been imprisoned or deprive of liberties for a period prescribed by law. Although, the offender has served his sentence, this does not extinguish civil liability. 3. By amnesty, which complete ly extinguishes the penalty in all effects. Amnesty is the act of sovereign power granting oblivion or a general pardon for a past offense to a group or class of people, and rarely to an individual. Although amnesty extinguishes criminal liability and all its effects, it does not extinguish civil liability. 4. By absolute pardon. Absolute pardon is an act of grace proceeding from the power entrusted with the execution of the laws, which exempts the convicted individual from the punishment the law inflicts for the crime he has committed. 5. By prescription of crimes This refers to the loss of the right of the State to prosecute after the lapse of a certain period. The period for the prescription will start from the day the crime is discovered by the offended party or authorities, and is interrupted if an information or complaint is filled, and will run again when the proceedings terminate, without acquittal or conviction or is unjustif ably stopped through no fault of the offender. Prescription of Crime (Art. 90, Revised Penal Code 1.Crimes punishable by death, reclusion perpetua or reclusion temporal, shall prescribe in twenty years. 2.Crimes punishable by other afflictive penalties shall prescribe in fifteen years. 3.Those punishable by a correctional penalty shall prescribe in five years: with the exception of those punishable by arresto mayor, which shall prescribe in five years. 4. The crime of libel shall be prescribe in one year 5. The offen se of oral defamation and slander by deed shall prescribe in six month s. 6. Light offense shall prescribe in two months 7. When the penalty prescribed by law is a compound one, the highest penalty shall be made the basis of the application of rules contained in the f rst, second, and the third paragraph of this article( as amended by RA 4661) Computation of Prescription of offense (under Article 91 of the RPC) the period of prescription shall commen ce to run from the day on which the crime is discovered by the offended party, the authorities, or their agents, shall be interrupted by the filing of the complaint or information, and shall commen ce to run again when such proceeding terminate without the accused being convicted or acquitted, or are unjustifiably stopped for any reason not imputable to him. 6. By prescription of penalty.This refers to the loss of the right of the State to execute the final sentence after the lapse ofa certain time. The period of prescription of penalties runs from the date when the offender evaded the service of his sentence, and is interrupted if the defendant voluntarily gives up, or is captured, or should go to some foreign country with which the Philippines has no extradition treaty. Or commits another crime before the end of the period to prescribe. Prescription of penalties (under Art 92 of the RPC) 1.Death and Reclusion perpetua, in twenty years 2.Other aflictive pen alties, fifteen years 3.Correctional penalties, tern years, with the exception of the penalty of arresto mayor, which prescribe in five years; 4.Light penalties, in one year. Computation of the prescription of penalties (under Art 93 of RPC) the period of prescription shall commence to run from the date when the culprit should evade the service of his sentence, and it shall be interrupted if the defendant should give himself up. Be captured, should go to some foreign country with which this government has no expiration of the period of prescription. -7. By marriage of the offended woman, as provided in Article 344 of the Revis ed Penal Code. Marriage of the offender with the offended woman after the commission of any of the crimes of rape, abduction or acts of lasciviousness, as provided in Article 344, must be contracted by the offender in good faith. Hence marriage contracted only to void criminality is devoid of legal effects. Justifying Circumstances 1.Self-defen se: anyone who acts in defense of his person or rights. (art 11, par.1) The scope included self-defen se not only of life, but also of rights like those of chastity, property, and honor. It has also been applied to the crime of libel. 2. Defense of relative: anyone who acts in defense of the person or rights of his spouse, ascendents, descendants. Or legitimate or adopted brothers or sisters, or of his relatives by affinity in the same degrees, and those by consanginity within the fourth civil degree, and in case the provocation was given by the person attacked, that the one making the defense had no part therein. (art. 11, par 2) 3. Defense of strangers: Anyone who acts in defense of the person or rights of a stranger and that the person defending be not indu ced by revenge, resentment, or other evil motive. (Art. 11, Par 3) 4. Fulfilment of duty: any person who acts in the fulfillment of a duty or in the lawful exercise of a right or office. (Art 11, Par5) the injury caused or the offense committed is the necessary consequence of the due performance of such right or office. 5. Obedience to superior order: any pers on who act in obedience to an order issued by a superior for some lawful purpose. (Art 11, Par. 6) b. Partial extinction of criminal liability (under Art 94 of the RPC) 1.By condition al pardon 2.By commutation of senten ce: and 3.For good conduct allowances, which the culprit may earn while he is undergoing preventive imprison ment or serving his senten ce (as amen ded by RA No. 10592) Exempting Circumstances (art. 12 of theRPC) 1.Basis. The exemption from punishment is based on the lack of the elements that make the act/omission voluntarily, i.e., freedom, intelligence, intent or due care Pardon and effects of pardon by president (ART 36 of RPC) 1.A pardon shall not restore the right to hold public office or the right to suffrage, EXCEPT when any or both such rights is or are expres sly restored by the terms of the pardon. 2. It shall not exempt the culprit from the payment of the civil indemnity. Pardon and effects of pardon by president (ART 36 of RPC) 1.A pardon shall not restore the right to hold public office or the right to suffrage, EXCEPT when any or both such rights is or are expres sly restored by the terms of the pardon. 2. It shall not exempt the culprit from the payment of the civil indemnity. Constitutional limitations on the exercise of the pardoning power 1.No pardon may be granted in impeachment cases 2.No pardon may be granted when otherwise provided under the Constitution, especially Sec 5, Article IX-c, which provides that "No pardon, amnesty, parole or suspension of sentence for violation of elections laws. Rules, and regulations shall be granted by the President without favorable recommendation of the COMMELEC 3.It may only be granted "after conviction by final judgement" THE PHILIPPINE PRISON SYSTEM THE BUREAU OF CORRECTIONS BUREAU OF CORRECTIONS(BUCor) B It is an agency of department of Justice that is charge with the custody and rehabilitations of national offenders, who have been sentenced three years of imprisonment or more. B The bureau is under the executive branch of the government and under the umbrella of Department of Justice. B It is headed by the Director of Prisons 8 It was formerly called the "Bureau of Prisons" from 1905-1989 and now it has its headquarters in the New Bilibid Prison Reservation in Muntinlupa City. BuCor Mission 1. Maximizing the assets value of Bucor to effectively pursue its responsibility in safely securing and transforming national prisoners through responsive rehabilitation programs managed by professional correctional officers. 2. Mandating the principal task of rehabilitating national prisoners BuCor Mandates N Under Section 4 of Republic Act. No. 10575, the Bureau of corrections shall be in charge of safekeeping and instituting reformation program to national inmates sentenced to more than three years. a. Safekeeping of National Inmates The safekeeping of inmates shall include decent provision of quarters, food, water and clothing in compliance with established National standards. The security of the inmates shall be undertaken by the Custodial Force consisting of Corrections Officers with a ranking system and salary grades similar to its counterpart in the BJMP. b. Reformation of National Inmates The reformation programs, which will be instituted by the BuCorfor the inmates, shall be the following: 1. Moral and Spiritual programs; 2. Education and training programs; 3. Work and livelihood programs; 4. Sports and recreation prograns 5. Health and welfare programs; and 6. Behavior modification program, to include therapeutic communities. Seven Prison facilities in the Country 1.New Bilibid Prison in Muntinlupa City 2. Correctional Institute for Women (CIW) in Mandaluyong city 3. Iwahig Penal Colony located in Sta. Lucia Palawan 4. Davao Penal Colony in Davao 5. Sablayan Penal Colony in Occidental Mindoro 6. San Ramon Prison and Penal Farm in Zamboanga Del Norte 7. Leyte Regional Prison in Abuyog Leyte Note: Prisons and penal farms were formerly called penal colonies All seven prisons and penal farms have medium, minimum and maximum security facilities. However, only New Bilibid Prison and CIW confine death Convicts. The New Bilibid Prison in Muntinlupa, Philippines, is the main insular penitentiary designed to house the prison population of the Philippines. It is mandated by the Bureau of Corrections (BuCor) under the Department of Justice. RECREATIONAL FACILITIES 8 The prisoners spend leisure time in basketball court in the penitentiary's gymnasium and are also engaged in the production of handicrafts. Various religious denominations are active in the prison, with masses said in the prison's Catholic chapel. These religious groups, such as the Seventh-day, Amazing Grace Christian ministries, Philippine Jesuit Prison Service and Caritas Manila, also extend medical services to prisoners. EDUCATIONAL FACILITIES W Elementary education, high school education, vocational training and adult literacy programs are provided inside the compound. Prisoners may also study to complete their Bachelor's Degree in Commerce. The New Bilibid Prison also houses a talipapa (market) where the prisoners can buy commodities. PHYSICAL SECURITY B Prisons are normally surrounded by fencing, walls, earthworks, and other barriers to prevent escape. Other escape deterrents include multiple barriers, concertina, wire, electrified fencing, secured and defensible main gates, armed guards towers, security lighting, motion sensors, dogs and roving patrols. Movements and activities of prisoners inside the facilities are monitored by remotely controlled doors, CCTV monitoring, alarms, cages, restraints, nonlethal and lethal weapons, riot control gear and physical segregation of units and prisoners. PRISON W A penitentiary, an institution for the imprisonment (incarceration) of persons convicted of major/serious crimes. B A building, usually with cells, or other places established for the purpose of taking safe custody or confinement of criminals. A place of confinement for those charged with or convicted of offenses against the laws of the land. PERSON DEPRIVE OF LIBERTY B It refers to a person who is under the custody of lawful authority or who by reason of his criminal sentence or by a decision issued by a court, may be deprived of his liberty or freedom, or to any person detained/confined in jail or prison for the commission of a criminal offense or convicted and serving in a penal institution, or a person committed to jail or prison by a competent authority for any of the following reasons: a. to serve a sentence after conviction b. trial c. investigation CLASSIFICATION OF PDL 1. Detention Prisoners-detained for investigation, preliminary hearing or awaiting trial. A detainee in a lock up jail. They are prisoner under the jurisdiction of courts. 2. Sentenced Prisoners - committed to jail or prison in order to serve their sentenced after final conviction by a competent court. They are prisoners under the jurisdiction of institutional institutions. 3. Prisoners who are on Safekeeping - includes non-criminal offenders who are detained in order to protect the community against their harmful behavior. CLASSIFICATION OF SENTENCED PRISONERS 1. Insular or National Prisoners- those sentenced to suffer a term of sentence of 3 years and 1 day to life imprisonment; those sentenced to suffer a term of imprisonment cited above but appealed the judgement and unable to file a bond for their temporary liberty. 2. Provincial Prisoners- those persons sentenced to suffer a term of imprisonment from 6 months and 1 day to 3 years or a fine not more than 1, 000 pesos, or both; or those detained therein waiting for preliminary investigation of their cases cognizable by RTC. 3. City Prisoners- those sentenced to suffer a term of imprisonment from 1 day to 3 years or a fine of not more than 1,000 pesos or both; those detained therein whose cases are filed with the MTC; those detained therein whose cases are cognizable by the RTC and under Preliminary Investigation. 4. Municipal Prisoners- those confined in Municipal jails to serve an imprisonment from 1 day to6 months; or those detained therein whose trial of their cases are pending with the MTC. DEGREES OF CUSTODY OF PRISONERS 1.SUPER MAXIMUM SECURITY PRISONER is intended for a special group of prisoners composed of incorrigibles and dangerous persons who are dif čult to manage for being the source of constant disturbance in the maximum security institution. They wear orange color uniform. 2. MAXIMUM SECURITY PRISONER group of prisoners whose escape could be dangerous to the public or security of the state. > Constant troublemakers but not as dangerous as the super maximum security prisoners. Their movements are restricted and they are not allowed to work outside the institution but rather assigned to industrials shops with in the prison compound. >Confined at the Maximum security Prison, they wear orange color of uniform. > Includes those sentenced to serve sentence 20 years or more, or those whose sentenced are under the review of the Supreme Court and offenders who are criminally insane have severe personality or emotional disorders that make them dangerous to fellow offenders of staff members. 3. Medium Security Prisoners those who cannot be trusted in open conditions and pose lesser danger than maximum security prisoners in case they escape. N groups of prisoners who may allowed to work outside the fence or walls of the penal institution under guards or with escorts. They occupy the medium security prisoner and they wear blue color of uniforms. Generally, they are employed as agricultural workers. Include prisoners whose minimum sentence is less thank 20 years and life- sentenced prisoners who served at least 10 years inside a maximum security prison. 4. Minimum Security Prisoners a group of prisoners who can be reasonably trusted to serve sentence under open conditions. This group includes prisoners who can be trusted to report to their work assignments without the presence of guards. They occupy the Minimum Security Prison and wear brown color uniforms. Bureau of Corrections Act of 2013 On may 28,2013, President Benigno S. Aquino Ill signed the Bureau of Čorrections (BuCor) Act of 2013 or Republic Act 10575 that seeks to modernize, professionalize, and restructure BuCor by upgrading its facilities, increasing the number of its personnel, upgrading the level of qualifications of their personnel and standardizing the ir base pay, retirement and other benefits. It took the DOJ 18 months to prepare the implementing Rules and Regulations (IRR) of the prison s law. Justice Secretary Leila de Lima signed the IRR on December 12, 2014. BUREAU OF JAIL MANAGEMENT AND PENOLOGY (BJMP) • Was created to address the growing concerns of jail management and penology problem s. • lts clients are detainees accused before court who are temporarily Conf hed in such jails while undergoing investigation, waiting final judgement, and tho se who are serving sentence promulgated by the Court 3 years and below • Under the provision of Republic Act No. 6975, the jail bure au is mandated to take operational and administrative control over all city. FOUR MAJOR AREAS OF REHABILITATION all aimed at eliminating the offenders' pattern of criminal behavior, and reforming them into becoming law-abiding and productive citizens after serving their prison terms. - Livelihood projects -Educational and Vocational Training - Recreation and Sports; and, - Religious/ Spiritual Activities History The BJMP traces its roots from the defunct Constabulary Jail Bureau, then later Philippine Constabulary-Integrated National Police (PC_INP) of te of Jail Management and Penology. The agency was founded on January 2, 1991, pursuant to the provisions of Republic Act 6975, which established the Department of Interior and Local Government. It Started with 500 staff and later built itself up from agency to bureau status. The bureau now is in charge of management, administration, and implementation of penology laws all over the country. The Administrative Organization of the BJMP The BJMP divides the task of jail management and penology services among several regional of tes patterned after the Philippine National Police: •Regional Office- headed by a Regional Director • Provincial Office- headed by a Jail Provincial •District Jail- headed by a District Jail Warden •City Jail- headed by City Jail Warden •Municipal Jail- headed by Municipal Jail Warden TYPES OF JAILS •type "A" jail has a population of 100 offenders or more. •type "B" jail has a population of 21-99 offenders. •type"C" has a population of 20 or less offenders. Basic Objective of Jails - Safekeeping and welfare of the inmates. - The protective of the society by prevention of escapes. Safety of jail personnel - Safety of the visitors - Prevention of Escapes Rules to be observed during the movement, transfer, and escorting of inmates DO's Maximum security measures shall be observed at all times in providing escort to non-bailable inmates following the ratio of one plus one security. -Inmates in transit should always be handcuffed. - Always escort an inmate in going to a toilet or washroom. Regard all non-bailable inmates being transferred as extremely dangerous to avoid carelessness. - Escort personnel must have issued firearms and at least one basic load of ammunitions. -Escort personnel provide their own drinks to avoid being drugged that would affect their sensorium - Guard/es cort must always follow the most direct route from jail to court and back. - High-risk inmates should always have back-up vehicle and personnel to pre-empt rescue and or/abduction. -A quard must always be extra careful not to sit, stan or walk next week to an inmate while carrying a gun a it can be easily grabbed from him. -Movement or transfer of inmates shall be treated confidentially, and - Transforming vehicle by hired vehicle shall proceed uninterrupted while passing along the highway. Dont's Never escort non-bailable inmates without following the ratio of one plus one. Never allow the transport of inmates without handcuffs. Never underestimate non-bailable inmates as not dangerous persons. Never allow an inmate to go to toilet or washroom alone. No deviation is allowed in the escorting of prisoners. Only the place authorized in court should be strictly followed. Never accept any drinks offered by inmates for it may be mixed with prohibited or regulated drugs that may affect his senses Never escort high-risk inmates without back-up vehicles and personnel Never sit, stand or walk next to an inmate while carrying a gun as is ca be easily grabbed from him. Never announce the movement or transfer of inmates for securing reasons; and Never allow the driver of hired vehicle to stop along the highway while transporting prisoners. Key control in jail maintain a system of key control, which shall include an accurate listing of all keys and receipting them. Never permit inmates to handle keys or study them. Procedure in cell search Be systematic. Search in orderly manner. Begin in one spot in the cell and work around and back, leave the cell in it's original conditions. Always move prisoners of the area to be searched. List all contraband items discovered and state where they were found. Precautions in the counting of prisoners the prisoners should not move about during the count, officers making the count should be able to see the prisoners he is counting, no one but a jail of ters should conduct a count; trusties or other prisoners should not participate in the counting, no interruptions should be permitted during the count. Visits should be delayed until the count is completed. Primary Jail Management Inmate behavior should be document in writing for the information of all staff members Inmate grievances Jail officers must pay full attention to grievances of inmates because many riots in jail and prisons have resulted from inmate's and no one cared to listen. Formal Disciplinary Measures Minor Offense selling or bartering with fellow inmate, of items not classified as contraband; rendering personal service to fellow inmate; untidy or dirty personal appearance; littering or failing to maintain cleanliness and orderliness in his quarters and/or surroundings; making frivolous or groundless complaints; taking the cudgels for or reporting complaints on behalf of other inmates; tardiness in formation or duty without justifiable reasons; willful waste of food. Less Grave Offenses the inmates' failure to report for work detail without sufficient justification; failure to render assistance to an injured personnel or inmate; failure to assist in putting out fires inside the jail; acting boisterously during religious, social, and other group functions; swearing, cursing or using profane or defamatory language, directed personally toward s other persons; malingering or reporting for sick call to escape work assignment; spreading rumors or maliciously intriguing against the honor of any person, particularly members of the custodial force; failing to stand at attention and give due respect when confronted by or reporting to any officer or member of the custodial force; forcing fellow inmates to render personal service to him and/or others; exchanging uniform or wearing clothes other than those issued to him for the purpose of circumventing jail rules; loitering or being in an unauthorized place; using the telephone without authority from desk officer/warden; writing, defacing, drawing on walls, floors or any furniture or equipment. Use of lewd or pornographic literature and/or photographs Absence from cell, brigade, place of work during headcount, or at any time without justifiable reason Failure to turn over any implements/ articles issued after Work detail Committing any act prejudicial to or that is not necessary to good order and discipline Grave offenses The inmates shall not be allowed to: Make untruthful statements or lies in official communication, transaction, or investigation; Keep or conceal keys or locks of places in the jail that are off-limits to inmates; Give gifts, sell to, or barter with jail personnel; Keep in his possession money, jewelry, or other contraband which the rules prohibit Put tattoo on others or allow himself to be tattooed on any part of the body, or keep any paraphernalia to be used in tattooing Forcibly take or extract money from fellow inmates Punish or inflict injury or harm upon himself or other inmates Receive, keep, take or imbibe liquor and other prohibited drugs Make, improvise or keep any kind of deadly weapon Conceal or with hold information on plans of attempted escapes Commit unruly conduct and behavior and flagrant disregard for discipline and instructions Escapes, attempt or plan to escape from the institution or from any guard Help, aid or abet others escape Fight, cause disturbance or riot disturbance or participate therein and/or agitate to cause such Disciplinary actions In cases when an inmate violated any reasonable jail rules and regulations; the following are disciplinary punishment to be imposed by the jail's Disciplinary Board, to wit: Reprimand Temporary or permanent cancelation of some or all recreational privileges; Cancellation of visiting privileges; Extra-fatigue duty; and Close confinement in a cell, which shall not exceed seven (7) days in any calendar month provided that this punishment shall be imposed only in the case of an incorrigible prisoner, when other disciplinary measures had been proven ineffective. The warden, upon recommendation of the disciplinary Board, part or full forfeiture of good conduct time allowance to be earned for the month and subsequent months depending upon the gravity of the offense Privileges of an inmate Detainees are allowed to: Wear their own clothes while in confinement, write letters, subject to reasonable censorship, provided expenses shall be borne by them; Receive visitors during daytime but visiting privileges may be denied in accordance with the rules and whenever the public safety so requires. Moreover, visitors are prohibited from entering cells and physical contact between visitors and inmates is absolutely prohibited. They may also receive books, periodicals that the jail authorize magazine, newspapers, and other may allow; Be treated by Bureau's Health Services Personnel or by their own doctor and dentist at their own expense upon proper application and approval Be treated in government or private hospital, provided it is authorized by the court at their own expenses; Request free legal aid if available, enjoy the right to be visited by the ir counsel, grow hair in their customary style provided it is decent'allowed by the rules, receive fruits and prepared food, subject to inspection and conformity by the jail official Smoke cigar and cigarettes, except in prohibited places, read books and other reading materials available in jail library, maintain cleanliness in their cells and brigades or jail premises; And perform such other works as may be necessary for hygienic and sanitary purposes. Good Conduct Time Allowance (GCTA) Republic Act No. 10592, an act amending Articles 29, 94,97, 98 and 99 of Act NO. 3815, as amended otherwise known as the Revised Penal Code has the following provisions: Period of preventive imprisonment deducted from term of imprisonment.offenders or accused who have undergone preventive imprisonment shall be credited in the service of their sentence consisting of deprivation of liberty, with the full time during which they have undergone preventive imprison ment if the detention prisoner agrees voluntarily in writing after being informed to the effects of thereof and with the assistance of coun sel to abide by the same disciplinary rules imposed upon convicted prisoners, except in the following cases: A. When they are recidivists, or have been convicted previously twice or more times of any crime; and B. When upon being summoned for the execution of their sentence they have failed to surrender voluntarily Allowance for good conduct The good conduct of any offender qualified for credit for preventive imprisonment pursuant to article 29 of this Code, or any convicted prisoner in any penal institution, rehabilitation or detention center or any other local jail shall entitle him to the following deductions from the period of his sentence: During the First two years of imprisonment, he shall be allowed a deduction of twenty days for each month of good behavior during detention: During the third to fifth year, inclusive, of his imprisonment, he shall allowed a reduction of twenty-three days for each month of good behavior during detention; During the following years until the tenth year, inclusive, of his imprisonment, he shall be allowed a deduction of twentyfive days for each month of good behavior during detention; During eleventh and successive years of his imprisonment, he shall be allowed a deduction of thirty days for each month of good behavior during detention and At any time during the period of imprisonment, he shall be allowed another deduction of fifteen days, in addition to numbers one to four hereof, for each month of study, teaching or mentoring service time rendered. Special Time Allowance for Loyalty (STAL) Under section 4. Republic Act No. 10592A deduction of one-f7fth of the period of his sentence shall be granted to any prisoner who, having evaded his preventive imprisonment or the service of his sentence under the circum stances mentioned in Article 158 of this Code, gives himself up to the authorities within 48 hours following the issuance of a proclamation announcing the passing away of the calamity or catastrophe referred to in said article. A deduction of two-fifths of the period of his sentence shall be granted in case said prisoner chose to stay in the place of his confinement notwithstanding the existence of a calamity or catastrophe enumerated in Article 158 of this code. Who grants time allowances Under section 5 Republic Act No. 10592, whenever lawfully justified, the Director of the Bureau of Corrections, the Chief of the Bureau of Jail Management and Penology and/or the Warden of a provincial, district, municipal or city jail shall grant allowances for good conduct. Such allowances once granted shall not be revoked. Present guidelines in granting time allowances under R.A 10592 Act of 2012 Time allowances Good Conduct time allowance Time allowance for study teaching and mentoring Special time allowance for loyalty Allowances for teaching, study and mentoring At any time when inmates engage in BJMP-recognized study, teaching ormentoring, there would be an additional 15 days reductión from their preventive Grounds for disqualification for GCTA under existing laws If inmate: 1. is a recidivist defined under Book one, title one, chapter IV, article 149(9) of the Revised Penal code 2. has been convicted previously twice or more times of any crime. 3. has been summon ed for execution of his sentence, but failed to surrender voluntarily e imprisonment or service of sentence for each month of actual deprivation of liberty 4. Failed to participate in rehabilitation, development, work program Procedure for the grant of GCTA Inmates shall be automatically screened and evaluated for Good Conduct Time Allowance (GCTA) and/or Time Allowance for Study Teaching and Mentoring (TASTM) every month to be submitted to the warden or Time Allowance for Loyalty as warranted by circumstances; Management Screening and Evaluation Committee (MSEC) of the BJMP with the assistance of Time Allowances Supervisors (TAS) shall be tasked with the monitoring, screening and evaluation of the behavior, conduct and participation of prisoners, within their respective facilities after due consideration of behavior or conduct shown by the prisoners and/or attendance and active participation in inmate welfare and development or BJMP-recognized study, teaching and mentoring duly supported by written records of TAS, the MSEC will recommend to the warden that the prisoners evaluated be granted GCTA and or TASTM Acting on the recommendation, the warden Concerned shall either: APPROVED: the recommendation and issue a certification granting GCTA, TATSM or STAL to the prisoner for the particular period; DISAPPROVE: the recommendation if the prisoner recommended is not qualified to be granted the benefits or that errors or irregularities attended the evaluation of the inmates; or RETURN: the recommendation, with out action, for corrections as regards the names, number or other clerical or inadvertent errors. Jail Management Screening and Evaluation Committee (JMSEC) for BJMP-manned jails shall be composed of: 1.Assistant Warden as Chairman 2.Chief of the Paralegal Section as Member 3.Chief of Inmate Welfare and development Officer Section as Member 4.Inmate Records Officer 5.Representative of Parole and probation Administration Office as Ex-officio member Time Allowance Supervisor The Warden shall designate Time Allowance Supervisors (TAS), upon recommendation of the MSEC, among the custodial and administrative of ters adjunct to their main functions. Their duty is to observe the daily conduct and demeanor of each and every inmate as well as monitor their attendance in inmate welfare and development and work activities, and for that purpose, they shall maintain written records of inmate attendance and quality of participation in those activities on weekly basis. The TAS will employ a pass/fail rating system where a rating higher than f řty percent will merit full number of points/days allocated for the week, and consequently a rating lower than 50% will result to zero points for a week. The ideal number of TAS per inmate is 1:12, but may be adjusted accordingly depending on the number of personnel vis-à-vis inmate per jail, but highest allowable ratio of TAS to inmate shall be one(1) per 100 inmates. Inmate Record Officers The Inmate Records of ter (IRO) at each jail facility is responsible for keeping records of GCTA, TASTM, and STAL. When inmates are committed inside a jail facility, the IRO at the facility will determine the amount of pre-determined maximum jail time or maximum impossible penalty attached to the crime/offense and shall be possible granted and adjusted release date after considering the time allowances granted or to be granted with appropriate and accurate computations. Computation of GCTA and TASTM Actual Detention/time Served (of Good Behavior) plus (+) GCTA Plus (+) TASTM = Total Period of Detention/ Time Served Maximum Imposable Penalty/Sentence of Imprisonment Minus (-) total period of detention/time served = Remaining Time to be served INSTITUTIONAL CUSTODY, SECURITY AND CONTROL DIVERSIFICATION Is an administrative device of correctional institution of providing varied and fexible types of physical plans for more effective custody, secủrity and'control of the treatment programs of its diversified population. Aims of Diversification 1. More effective execution of the treatment program 2. To prevent prisoners from moral and physical contamination of one group by another, 3. To prevent unnecessary custodial risk Factors Considered in Diversif cation 1. AGE-prisoner who are 18 years old and below should be segregated from the older groups to prevent the youthful offenders from becoming hardened criminals. 2. SEX -female and male are separated away in separate institution 3. MEDICAL OR MENTAL CONDITION - mentally ill, sexual deviates, physically handicapped and hospital patients need to be segregated away in separate institution. 4. DEGREE OF CUSTODY- is the most used factor for diversification that is the extent of strict keeping necessary for the person in confinement CLASIFICATION • is the method by which diagnosis, treatm ent planning and execution of the treatment programs are coordinated in the individual case study. It isa process of determining the needs and requirement of prisoners for assigning them to prOgrams according to their needs and existing resources Four Separate but Coordinated Classif tation Procedure 1. Diagnosis -prisoner case history is taken and his personality is being studied through examination and observations. 2. Treatment Planning - it is the formulation of tentative treatment programs suited for the prisoner 3. Execution of the Treatment Program -it is the application of the treatment programs suited for the policies by the classification committee. 4. Re-classification -treatment program is kept current with the inmates changing needs CLASSIFICATION BOARD FOR JAILS 1. ORGANIZATION: Chairman Assistant Warden Members: Chief Security officer Medical Officer Chaplain Social Worker 2. Task for the Classification Board -gathering and collecting of information of the prisoner case study 3. Purpose of the Classification Process -to determine the work assignment, type of supervision and custody which shall be applied to the prisoners. PRISON Security, Custody and Control SECURITY- it involves safety measures to maintain the orderliness and discipline with in the jail or prisons PRISON DISCIPLINE -is the state of good order and behavior. It includes maintenance of good stand ard of works, sanitation, safety, education, health and recreation. It aims at self- reli ance, se lf control, self respect and self discipline. PREVENTIVE DISCIPLINE-is the prompt correction of minor deviations committed by prisoners before they become serious violation s. CONTROL- it involves supervision of prison ers to ensure punctual and orderly movem ent from one place work program or assignment to another. THE CONTROL CENTER- is a centrally located and elevated facility Aims of Institutional Security and Control • Prevention of escape •Control of Contrabands •Maintenance of good order Contraband- is anything that is contrary to prison/jail rules and regulation. Essential Requisites for Sound Custody, Security and Control: • Adequate system of classification of prisoners •·Regular inspection • Adequate system of counting -Written set of rules of control and safety precautions · Plan for the control of contraband and equipment · Keying system Important Security Rules: ·Strict control of firearms 24 hours supervision, at least 4 x counting · Key control Anti-riot equipment and armory Proper use of all tools and other potentially dangerous articles Frequent inspection Open quarter in-group guards Exercise authority, supervision and control over a prisoner. CUSTODY -is the guarding or penal safekeeping, it involves security measures to insure security and control with in the prison. The prison custodial division carries it out. the Prison Custodial Division is charged of alI matters pertaining to the custody of the prisoner and security of the institution. Composition: Headed by Chief Security officer usually with the rank Inspector to Senior Inspector 2. Assisted by Security officers- Commanding officers Supervising prison guạrds- supervise groups of guards details of several posts Senior prison guards- take charge of squad or escort guards assigned to important pošt such as the control gates. Prison guards- lowest in rank assigned to sentinel post such as Guard houses and gates Function of Custodial Division ·Supervision of Prisoner ·Maintain order and discipline · Inspection and security •Escort ·Keep records TREATMENT OF SPECIAL OFFENDER • Special offenders includes women offender, drug addicts, alcoholics, mentally ill persons, and sex deviates. • Under Rule 15 of the BJMP manual, it states that unusual offenders should not be held in jails or prison with the common jail/ prison population. They should be segregated with other institutions as their temporary detention houses. However special methods of treatment shall be made such as the following: A. Female Offenders: The women's quarter should be fully separated from the men quarters and no men shall beallowed to enter the women's quarter. Female jail staff members must do all handling and supervision of female prisoners. Only works suitable to their sex, age and physical conditions should be assigned to them. B. Drug Addicts/Alcoholics/Sex Deviates and Mentally-ill Inmates: Segregation Close supervision Special treatment/med ications shall be made by the medicalofficer. Measures should be taken to enable the offender to followstrictly the physician's advice Constant search must be conducted to the quarters or cells for seizure of narcotics and other dangerous drugs, and liquor. Transfer of the inmate to the appropriate government or privateauthority for their special treatment. All other measures of supervision and control of theseoffenders. Pre-Release Treatment of Offenders a It is a program specif tally designed and given to a prisoner, during a limited period, prior to his release from prison, in order to give him an opportunity to adjust himself from the regimented group life in prison to the normal, independency life of a free individual. PENAL PROVISIONS ON CORRECCTION Philippine Correctional Philosophies and their Legal basis A. The Philippine Constitution of 1997 a The state values the dignity of every human person and guarantees full respect for human rights. (Sec. 11, Art. No person shall be detained solely by reason of his political beliefs and aspirations. (Sec. 18, Art I) No involuntary servitude in any form shall exist except as a punishment fora crime whereof the party shall have been fully convicted. Excessive f nes shall not be imposed, nor cruel, degrading or inhuman punishment inflicted. (Sec. 19) The employment of physical, psychological, or degrading punishment against any prisoner or the use of substandard or inadequate penal facilities under subhuman conditions shall be dealt by law. (Sec. 19) B. The Revised Penal Code a "No felony shall be punishable by any penalty not prescribed by law prior to its commission" (Art. 21, PRC), C. The Philippine Probation Law (P.D 968) One of the major goals of the government is to established a more enlightened and hum ane correctional system that will promote the reformation of offenders and thereby reduce the incidence ofrecidivism. The conf hement of all offenders in prisons and other institutions with reha bilitati on programs constitutes an onerous drain on the financial resources of the country. There is a need to provide a less costly alternative to the imprisonment of the offenders who are likely to respond to individualized, community-based treatment programs. D. Rules for the Treatment of Prisoners (DOJ, Jan 7, 1959) 1. The purpose of committing a prisoner to prison is twO-fold a. To segregate from society a person who by his acts has proven himself a danger to the free commun ity b. To strive at the correction or rehabilitation of the prisoner with the ho pe that upon his return to society he shall be able to lead a normal well-adjusted and sel-supporting life as good and law-abiding citizen. 2. There is no man who is all bad and there is something good in all men. (Art I) PENAL PROVISIONS A. Delay in the Delivery of Detained Persons to the Proper Judicial Authorities. a felony committed by a public of ter or employee who shall detain any person for some legal ground and shall fail to deliver such person to proper judicial authorities within the period of: 12hoursfor crimes or offenses punishable by light penalties, 18hours- for crimes or offenses punishable by correctional penalties, 36hours- for crimes or offenses punishable by afflictive or capital penalties. The crime of Arbitrary Detention is committed when detention of a person is without legal ground. The legal ground of detention are a) commission ofa crime andb) violent insanity or another ailment requiring compulsory requireent. B. Delaying Release this is committed by a public of ter or employee who delays for the period of time specif ed in Art 125, the performance of any judicial or executive order for the release of a prisoner or unduly delays the services of the notice of such order to said prisoner. c. Delivering of Prisoners from Jail (Art 156, RPC) Elements: 1. The offender is a private individual, 2. He removes a person conf ned in jail or a penal institution or helps in the escape of such person, 3. The means employed are violence, intimidation, bribery or any other means. the prisoner maybe a detention or sentenced prisoner and the offender is an outsider to the jajl. If the offender is a public of ter or a private person who has the custody of the prisoner and whó helps a prisoner under his custo dy to escape, the felony is Conniving with or Consenting to Evasion (art. 223) and Escape of a Prisoner under the person not a public officer. (Art. 223) espectivelyoI d this offense like other offenses of similar nature may be committed through imprudence or negligence. D. Evasion of Service of Sentence (Art 157-159) 1. Evasion of Service under Art 157, RPC Elements are: a. Offender is a prisoner serving sentence involving deprivation of liberty by reason of final judgement. b. He evades the service of his sentence during the term of his imprisonment. this felony is qualif ed when the evasion takes place by breaking doors, windows, gates, roofs; using picklocks, false keys, disguise, deceit, violence, intimidation or; connivance with other convicts or employees of the penal institution. (Jail breaking is synonymous with evasion of sentence). 2. Evasion of Service of Sentence on the Occasion of Disorder due to Conf hgrations, Earthquakes, or Other Calamities (Art. 158, RPC) Elements are: a. Offender is a prison er serving sentence and is conf hed in a penal institution. b. He evades his sentence by leaving the institution. C. He escapes on the occasion of a disorder due to conflagration, earthq uake, explosion, or similar catastrophe or mutiny in which he has not participated, and d. He fails to give himself up to the authorities with in 48 hours following the issuance of a proclamation by the Chief Executive regarding the passing away of the calamity. A special time allowan ce for loyalty shall be granted. A deduction of one-f řth of the period of the sentence of any prisoner who evaded the service of sentence under the circumstances mentioned above. The purpose of the law in granting a deduction of onef fth (1/5) of the period of sentence is to reward the convict's manifest intent of paying his debts to society by returning to prison after the passing away of the calamity. Whenever lawfully justif ed, the Director of Prisons (Bureau of Corrections) shall grant allowance for good conduct and such allowances once granted shall not be revoked. 3. Other cases of Evasion of Service of Sentence (Art. 159, RPC) the violation of any condition s imposed to a Condition al Pardon is a case of evasion of service of sentence. The effect of this is, the convict may suffer the unexpired portion of his original sentence. Infidelity of Public Officers 1. Inf idelity in the Custody of Prisone rs through Connivance a felony committed by any public of Éer who shall consentt to the escape of a prisoner in his custody or charge 2. Iņf idelity in the Custody of Prisoner through Negligence a felony committed by a public of ter when the prisoner under his custody ór charge escaped through negligence on his part. 3. Escape of a Prisoner under the Custody of a Person, not a Public Officer Other Offenses or Irregularities by Public Officers 1. Maltreatment of Prisoner (Art. 235, RPC) Elements are: a. Offender is a public officer or employee, b. He overdose himself in the correction or handling of such prisoner by imposition of punishment not authorized by regulation or by inflicting such punishment in a cruel and humiliating manner. The felony of Physical Injuries is committed if the accused does not have the charge of a detained prisoner and he maltreats him. And if the purpose is to extort a confession, Grave Coercion will be committed.
