CA 1 Final Module Unit 1
CA 1 Final Module Unit 1
COLLEGE OF CRIMINOLOGY
Vigan City, Ilocos Sur
MODULE 3
UNIT 1: REPUBLIC ACT 9263
LEARNING OUTCOME
1. Discuss/ explain the composition of the Bureau of Jail Management and Penology
2. Explain the important provisions of the Bureau
INTRODUCTION
Republic Act No. 9263 is an act providing for the Professionalization of the Bureau of
Fire Protection (BFP) and the Bureau of Jail Management and Penology (BJMP), amending
certain, provisions of republic act no. 6975, providing funds thereof and for other purposes,
approved by Gloria Macapagal Arroyo on March 10, 2004.
Professionalization of the different Bureaus of the DILG is very important in order for the
agency become better and effective when it comes to the implementation as well as in their duties
and responsibilities.
1. What do you think will happen if a person will be put in Bureau of Jail and Penology?
2. List at least three (3) observations you have on the Bureau of Jail Management and
Penology.
This Act shall be known as the "Bureau of Fire Protection and Bureau of Jail Management
and Penology Professionalization Act of 2004." (Sec 1 of RA 9263)
of the Philippine Constitution) Moreover it recognizes the responsibility of the state to strengthen
government capability aimed towards the strengthening of the delivery of basic services to the
citizenry though the institutionalization of highly efficient and competent fire and jail services.
It is provided for under Republic Act No. 6975, otherwise known as the "Department of the
Interior and Local Government Act 1990", that the task of fire protection, and jail management
and penology shall be the responsibility of the Bureau of Fire Protection (BFP) and the Bureau of
Jail Management and Penology (BJMP), respectively.
Moreover, Section 3 of the Republic Act No. 8551, otherwise known as the "Philippine
National Police Reform and Reorganization Act of 1998", provides that in times of national
emergency, BFP and the BJMP along with the Philippine National Police (PNP) shall, upon the
direction of the President, assist the Armed Forces of the Philippines (AFP) in meeting the national
emergency, in addition to the performance of their inherent functions as mandated by law.
It is therefore recognized that the uniformed personnel of the BFP and the BJMP, as
member of the uniformed service of the government under the Department of the Interior and
Local Government (DILG), are required the same amount of sacrifice, service and dedication like
their counterparts in the4 PNP and the AFP to carry out their respective duties to the extent of
risking their lives and limbs.
Towards this end, the State shall provide for the Professionalization and restructuring of
the BFP and the BJMP by upgrading the level of qualifications of their uniformed personnel and
standardizing their base pay, retirement and other benefits, making it at par with those of the PNP
and the AFP.
SEC. 3. Organization and Key Positions of the BFP and the BJMP. – The BFP and
the BJMP shall be respectively headed by a Chief who shall be assisted by two (2) deputy chiefs,
one (1) for administration and one (1) for operations, all of whom shall be appointed by the
President upon recommendation of the Secretary of the DILG from among the qualified officers
with at least the rank of senior superintendent in the service:
Provided, that in no case shall any officer who has retired or is retirable within six (6)
months from his/her compulsory retirement age be appointed as Chief of the Fire Bureau or Chief
of the Jail Bureau, as the case may be;
Provided, further, that the Chief of the Fire Bureau and Chief of the Jail Bureau shall serve
a tour of duty not to exceed four (4) years:
Provided, however, that in times of war or other national emergency declared by
Congress, the President may extend such tour of duty.
Must not have been dishonorably discharged of dismissal for cause from previous
employment;
Must not have been convicted by final judgment of an offense or crime involving moral
turpitude;
Must be at least one meter and sixty-two centimeters (1.62 m.) in height for male, and one
meter and fifty-seven centimeters (1.57 m.) for female: Provided, That a waiver for height
and age requirement \s shall be automatically granted to applicants belonging to the
cultural communities; and
Must weight not more or less than five kilograms (5 kgs.) from the standard weight
corresponding to his/her height, age and sex;
Take Note: That a new applicants must be less than twenty one (21) nor more than thirty (30
years of age: except for this particular provision, the above–enumerated qualifications shall be
continuing in character and an absence of any one of them at any given time shall be ground for
separation or retirement from the service:
Provided,further, That the uniformed personnel who are already in the service upon the
effectivity of this Act shall be given five (5) years to obtain the minimum educational qualification
and one (1) year to satisfy the weight requirement.
After the lapse of the time of period for the satisfaction of a specific requirement, current
uniformed personnel of the BFP and the BJMP who will fail to satisfy any of the requirements
enumerated under this Section shall be separated from the service if they are below fifty (50)
years of age and have served in the government for less than twenty (20) years, or retired if they
are age fifty (50) and above and have served in the government for at least twenty (20) years
without prejudice in either case to the payment of benefits they may be entitled to under existing
laws.
SEC. 5. Appointment of Uniformed Personnel to the BFP and the BJMP. – The
appointment of the BFP and the BJMP shall be effected in the following manners:
Fire/Jail Officer I to Senior Fire/Jail Officer IV. – Appointed by the respective Regional
Director for Fire Protection and Regional Director for Jail Management and Penology for
the regional office uniformed personnel or by the respective Chief of the Fire Bureau and
Chief of the Jail Bureau for the national headquarters office uniformed personnel, and
attested by the Civil Service Commission (CSC);
"Fire/Jail Inspector to Fire/Jail Superintendent. – Appointed by the respective Chief of
the Fire Bureau and Chief of the Jail Bureau, as recommended by their immediate
superiors, and attested by the CSC;
Fire/Jail Senior Superintendent. – Appointed by the Secretary of the DILG upon
recommendation of the respective Chief of the Fire Bureau and Chief of the Jail Bureau,
with the proper attestation of the CSC; and
Fire/ Jail Chief Superintendent. To Fire/Jail Director.- Appointed by the President upon
recommendation of the Secretary of the DILG, with the proper endorsement by the
Chairman of the CSC.
SEC. 6. Lateral Entry of Officer into the BFP and the BJMP. – In general, all original
appointments of officers in the Fire Bureau and Jail Bureau shall commence the rank of fire/jail
inspector wherein applicants for lateral entry into the BFP shall include all those with highly
specialized and technical qualifications such as, but not limited to, civil engineers, mechanical
engineers, electrical engineers, chemical engineers, chemist, architects, criminologists, certified
public accountants, nurses, physical therapists, and dentists, while applicants for lateral entry into
DIVINE WORD COLLEGE OF VIGAN
COLLEGE OF CRIMINOLOGY
Vigan City, Ilocos Sur
the BJMP shall include all those with highly specialized and technical qualifications such as, but
not limited to, social workers, psychologists, teachers, nurses, dentists and engineers. Doctor of
Medicine, members of the Philippine Bar and chaplains shall be appointed to the rank of
fire/jail senior inspector in their particular technical service. Graduate of the Philippine National
Police Academy (PNPA) shall be automatically appointed to the initial rank of fire/jail inspector.
SEC. 7. Professionalization and Upgrading of Qualification Standards in the
Designation of Uniformed Personnel of the BFP and the BJMP to Key Positions. -
b) No person shall be designated to the following key positions of the BJMP unless he/she has
met the qualification provided therein:
Municipal Jail Warden. – Should have the rank of senior inspector, who have finished at
least second year Bachelor of Laws or earned at least twelve (12) units in a master' degree
program in management, public administration, public safety, criminology, penology,
sociology, national security administration, defense studies, or other related disciplines
from a recognized institution of learning, and must have satisfactory passed the necessary
training or career courses for such position as may be established by the Jail Bureau;
City Jail Warden. – Should have the rank of chief inspector, who must have finished at
least second year Bachelor of Laws or earned at least twenty four (24) units in master's
degree program in management, public administration, public safety, criminology,
penology, sociology, national security administration, defense studies or related
disciplines from a recognized institution of learning and must satisfactory passed the
necessary training or career courses for such position as may be established by the Jail
Bureau: Provided, That in city jails with a population of one thousand (1,000) or more
inmates, the city jail warden shall the rank and qualification of a district jail warden;
District Jail Warden, Provincial Jail Administrator, Assistant Regional Director for
Administration, Assistant Regional Director for Operations and Regional Chief of
Directorial Staff. – Should have the rank of superintendent, who must be a graduate of
Bachelor of Laws or a holder of a master's degree in management, public administration,
public safety, criminology, penology, sociology, national security administration, defense
studies or other related discipline from a recognized institution of learning, and must
satisfactory passed the necessary training or career courses for such position as may be
established by the Jail bureau;
Regional Director for Jail Management and Penology and Director of the Directorate
of the National Headquarters Office. – Should have the rank of senior superintendent,
who must be a graduate of Bachelor of Laws or a holder of a master's degree in
management, public administration, public safety, criminology, penology, sociology,
national security administration, defense studies or other related discipline from a
recognized institution of learning, and must satisfactory passed the necessary training or
career courses for such position as may be established by the Jail bureau;
Deputy Chief for Administration of the Jail Bureau, Deputy Chief for Operations of
the Jail Bureau and Chief of Directorial Staff of the Jail Bureau. – Should have the
rank of chief superintendent, who must be a member of the Philippine Bar or a holder of
a master's degree in management, public administration, public safety, criminology,
penology, sociology, national security administration, defense studies or other related
discipline from a recognized institution of learning, and must satisfactory passed the
necessary training or career courses for such position as may be established by the Jail
bureau; and
Chief of the Jail Bureau. – Should have the rank of director, who must be a member of
the Philippine Bar or a holder of a master's degree in management, public administration,
public safety, criminology, penology, sociology, national security administration, defense
DIVINE WORD COLLEGE OF VIGAN
COLLEGE OF CRIMINOLOGY
Vigan City, Ilocos Sur
studies or other related discipline from a recognized institution of learning, and must
satisfactory passed the necessary training or career courses for such position as may be
established by the Jail bureau.
Take Note: Any uniformed personnel of the BFP and the BJMP who is currently occupying such
position but lacks any of the qualifications mentioned therein shall be given three(3) years upon
the effectivity of this Act to comply with the requirements, otherwise he/she shall be relieved from
the position.
SEC. 9. Attrition System for the Uniformed Personnel of the BFP and the BJMP. -
There shall be established a system of attrition for the uniformed personnel of the BFP and the
BJMP within one (1) year from the effectivty of this Act to be submitted by said bureaus to the
DILG for approval. Such attrition system shall include, but is not limited to, the provision of the
following principles:
Attrition by Demotion in Position or Rank. – Any uniformed personnel of the BFP and
the BJMP who is relieved and assigned to a position lower than that is established for
his/her grade in the respective staffing pattern of the Fire Bureau and the Jail Bureau, and
who shall not be assigned to a position commensurate to his/her grade within two (2)
years after such demotion in position shall be separated or retired from the service;
Attrition by Non-Promotion. – Any uniformed personnel of the BFP and the BJMP who
has not been promoted for a continuous period of ten (10) years shall be separated or
retired from the service, except for those who are occupying a third-level position;
Attrition by Other Means. – Any uniformed personnel of the BFP and the BJMP with at
least five (5) years of accumulated active service shall be separated from the service
based on any of the following factors:
Inefficiency based on poor performance during the last two (2) successive
semestral ratings period;
Inefficiency based on poor performance for three (3) cumulative semestral rating
period;
Physical and/or mental incapacity to perform his/her duties and functions; or
Failure to complete the required career courses and/or appropriate civil service
eligibility for his/her position except for justifiable; and
d) Separation or Retirement from the Fire Bureau and the Jail Bureau under this
Section. – Any personnel who is dismissed from the BFP and the BJMP pursuant to the
above-enumerated principles in this Section shall be separated if he/she has rendered
less than twenty (20) years of service, and be retired if he/she has rendered at least twenty
(20) years of service unless the concerned personnel is disqualified by law to receive such
benefits.
SEC. 10. Promotion System for the Uniformed Personnel of the BFP and BJMP. –
Within six (6) months after the effectivity of this Act, the DILG shall establish a system of promotion
for the uniformed personnel of the BFP and the BJMP though the following principles:
a) Rationalized Promotion System. – The system of promotion shall be based on merits and on
the availability of vacant ranks in the BFP and the BJMP staffing pattern. Such system shall be
DIVINE WORD COLLEGE OF VIGAN
COLLEGE OF CRIMINOLOGY
Vigan City, Ilocos Sur
gender-fair so as to ensure that women personnel of the Fire Bureau and the Jail Bureau shall
enjoy equal opportunity for promotion as to men;
b) Requirement for Promotion. -
1) Any personnel of the BFP and the BJMP shall not eligible for promotion to a higher rank unless
he/she has met the minimum qualification standards or the appropriate civil service eligibility set
by the CSC, and has the satisfactorily passed the required psychiatric/psychological, drug and
physical test;
2) Any personnel of the BFP and the BJMP who has exhibited act of conspicuous courage and
gallantry at the risk his/her life above and beyond the call of duty, or selected as such in a
nationwide search conducted by any accredited civic organization, shall be promoted to the next
higher rank;
Take Note: That these shall be validated by the DILG and the CSC based on established criteria.
SEC. 12. Standardization of the Base Pay, Retirement and other Benefits of the
Uniformed Personnel of the BFP and the BJMP. – In order to enhance the general welfare,
commitment to service and professionalism of the uniformed personnel of the BFP and the BJMP,
they shall receive the minimum starting salary equivalent to the salary grade level of the
corresponding rank classification of their counterparts in the PNP, as provided under Section 36
of Republic Act No. 8551, and in the AFP, as provided under Section 2 of Republic Act No. 9166.
The rate of the base pay of the uniformed personnel of the BFP and the BJMP shall be
adjusted in accordance with the following salary grade schedule:
RANK SALARY GRADE
Fire/Jail Director 28
Fire/Jail Chief 27
Superintendent
Fire/Jail Senior 26
Superintendent
Fire/Jail Superintendent 25
Fire/Jail Chief Inspector 24
Fire/Jail Senior Inspector 23
Fire/ Jail Inspector 22
Senior Fire/Jail Officer IV 19
Senior Fire/Jail Officer III 18
DIVINE WORD COLLEGE OF VIGAN
COLLEGE OF CRIMINOLOGY
Vigan City, Ilocos Sur
Take Note: That all benefits currently receive by the uniformed personnel of the BFP and the
BJMP under existing laws shall continue to be received by them:
Provided, Further that their retirement pay shall be subject to adjustment/s based on the
prevailing scale of base pay of the uniformed personnel in the active service.
As mandated by the BJMP Manual (Rule IV), the Jail Bureau should observe the following
procedures in receiving/admitting a new inmate.
Identity Check
Examination of Commitment Papers
Security Check
Accounting of Personal Property
Turn-over of Personal Property
Inmate Identification
Strip-Search
Medical Examination
Psychological and Physical
Preparation of Medical Record
Social Case Study
Provision of Jail Clothing
Briefing & Orientation
Maintenance of Prison Record
A. WARDEN
He is responsible for the direction, coordination, and control of the personnel, the inmates
and the programs of the institution. He is responsible for the safety, security, discipline and the
well-being of his men as well as the prisoners and sees to the efficient functioning of the institution.
Operating Units under the Office of the Warden:
1. Intelligence and Investigation Team
The team gathers, collects, and submits intelligence information to the warden on matters
pertaining to jail conditions; plot or plans by the prisoners that may threaten the safety of personnel
and/or disturbed the normal functioning of the institutions and those that would lead to the
eventual capture of escaped prisoners.
It is also tasked with the investigation of all reported cases of violation of laws and rules
and regulations thereto.
2. Jail Inspectorate Section
This section inspects the jail facilities, the personnel and prisoners and submits reports of
deficiencies noted. It helps the warden in the maintenance of discipline, not only of the personnel
but the inmates as well.
DIVINE WORD COLLEGE OF VIGAN
COLLEGE OF CRIMINOLOGY
Vigan City, Ilocos Sur
B. ASSISTANT WARDEN
He is the principal assistant of the warden. He keeps himself informed to be able to
assume command effectively during the warden’s temporary absence.
He chairs the Disciplinary Board, he hears cases of erring inmates and recommends the
corresponding disciplinary actions thereto.
C. ADMINISTRATIVE GROUPS
These groups take charge of all administrative functions of the jail, keep records of jail
properties, supplies and equipment and maintain personnel records. It also performs such other
functions for the attainment of an efficient jail administration.
1. Personnel Management Branch
Responsible for the preparation and maintenance of personnel procedure, assignment of
personnel, preparation of daily personnel report, monthly personnel reports and others. It also
maintains individual record files of personnel.
SECURITY GROUP
Provides the system of sound custody, security and control of inmates and their
movements. It enforces and maintains inmate’s discipline.
1. Escort/subpoena Platoon
Escort Section
Produce inmates under proper guard to the fiscal/s office, courts, etc.. upon proper
summons. It is also tasked with the transfer of prisoners from one institution to another
upon proper orders of the court or authority.
Subpoena Section
Receives, distributes and/or serves subpoenas, notices, and order, summons and
other processes directed to inmates confined in jail.
Subpoena ad testificandum
A command to appear at a certain time and place to give testimony upon a certain
matter.
Subpoena duces tecum
A process by which the court, at the instance of a party commands a witness who
has in his possession or control some document or paper that is pertinent to the issues of
a pending controversy, to produce it in jail.
Instruction. Answer the following questions. Encode your answers on a short bond paper.
Format: Justify, font style (arial), font size (11), margin (1 inch on all sides), single spacing.
1. JOII Reden Areola serves 15 years in service when he is not able to promote because of
disability incurred during his tour of duty. Did he subjected to attrition or entitled to
promotion? Did he subjected to retired or separated? Give your basis and explain your
answer.
2. Chief Superintendent Ellaine Acena is appointed as Chief BJMP was only 52 years old
and he already served four years in such office but the President forgot to appoint a new
one who will replace him. May that Chief immediately abandon his office without waiting
for his successor? Give your basis and explain.
3. Explain the process or procedure before the criminal offender be committed in jail?
4. What are the differences between warder and assistant warden? What are their duties
and responsibilities? Why this is?
5. Why Performance Evaluation System is very important? Briefly explain your answer.
DIVINE WORD COLLEGE OF VIGAN
COLLEGE OF CRIMINOLOGY
Vigan City, Ilocos Sur
This will be my basis in checking your assessment tasks given in every unit of this module.