Correctional System of the Philippines

The Correctional System in the Philippines is composed of six agencies under three distinct and separate
departments of the national government. That three departments of the national government are the following:

1. The Department of Justice

2. The Department of the Interior and Local Government

3. The Department of Social Welfare and Development

Bureau of Corrections - is an agency under the Department of Justice mandated to carry out institutional
rehabilitation programs of the government for national offenders, those sentenced to more than three years and
to ensure their safe custody. It is composed of seven operating institutions located all over the country to accept
national prisoners. The central office is located in the New Bilibid Prison, Muntinlupa City, Metro Manila, where the
director, the assistant director and the general administration staff are holding official functions.

Bureau of Correction Mandate - The rehabilitation of national prisoners.

Bureau of Correction Slogan - bringing back the dignity of man.

Bureau of Correction Principles

- accomplishing its mandated objectives and performing its assigned

functions.

1. To confine prisoners by giving them adequate living spaces as the

first conditions to be met before any effective

rehabilitation programs can be undertaken.

2. To prevent prisoners fro committing crime while in custody.

3. To provide humane treatment by affording them human basic

needs in the prison environment and prohibiting

cruel methods and provide a variety of rehabilitation program.

Bureau of Corrections Operating Institutions

1. New Bilibid Prisons - Muntinlupa City

3. Iwahig Prison and Penal Farm - Puerto Princesa City

4. Davao Prison and Penal Farm - Davao del Norte

5. Sablayan Prison and Penal farm - Occidental Mindoro

6. San Ramon Prison and Penal Farm - Zamboanga City

7. Leyte Regional Prison - Leyte

Institutional Programs

1. Inmate work program

2. Health care

3. education and skills training

4. Recreation and Sports

5. Religious guidance and behavior modification using the therapeutic

community approach.

Penal Management

Corrections - is typically carried out by government agencies and involves the punishment, treatment, and

supervision of persons who have been convicted of crimes.

Penology - The study of the punishment of crime and prison management.Is a section of criminology that deals
with the philosophy and practice to repress criminal activities via an appropriate treatment and supervision of
persons convicted of criminal offenses.

Punishment - is the infliction or imposition of a penalty as retribution for an offense."The penalty inflicted".

Prison reform - is the attempt to improve conditions inside prisons and aiming a a more effective penal system.

Prison - is a place in which people are physically confined and usually deprived of a range of personal freedoms.

Jail - is a short term detention facility.

Rehabilitation - it came from latin word "habilis" literally fit or suitable. Its meaning was expanded to mean
"restore to sound operation" or "to establish the good reputation".

Solitary confinement - is a special form of imprisonment in which a prisoner is isolated fro any human contact,
though often with the exception of members of prison staff.

Jail

a place of detention; a place where a person convicted or suspected of a crime is detained.

BJMP

DILG

holds people awaiting trial and people sentenced for a short duration.

Prison

a place of long term confinement for those convicted of serious crimes.

Bureau of Corrections

DOJ

holds people convicted of crimes;sentenced for a longer term.

Zebulon Reed Brockway - regarded as the father of prison reform in the United States. Believed that the primary
reason to have a prisoner in custody was to rehabilitate and not simply to punish. Warden at the Elmira
reformatory from 1876 to 1900. He introduced the following:

a program of education

training in useful trades

physical activity

indeterminate sentence

inmate classification

incentive program.
Alexander Maconochie - (1787 -1860) - a Scottish naval officer, geographer and penal reformer. His two basic
principle of penology were that:

as cruelty debases both the victim and society, punishment should not be vindictive but should aim at the reform
of the convict to observe social constraints.

a convicts imprisonment should consist of task, not time sentences with release depending on the performance of
a measurable amount of labor.

Modern Form/Method of Punishment

Execution - for capital offenses. ex. death by lethal injection

Imprisonment/Incarceration

Fines

Probation and Parole

House Arrest - is a measure by which a person is confined by the authorities to his or her residence. Travel is
usually restricted if allowed at all.

Ancient Form/Method of Punishment

shame punishment

exile/banishment

payment to the victim

branding - (Stigmatizing) - is the process by which a mark is burned into the skin of a living person.

flogging - (flagellation) - is the act of methodically beating or whipping the human body.

mutilation - (maiming) - is the act of physical injury that degrades the appearance or function of any living body
usually without causing death.

burning

beheading

torture

* In the Philippines so far, 17 persons were executed

by hanging, 84 persons were executed by electric

chair, 7 persons were executed by lethal injection.

not finish high school, 6% never went to school or

were illiterate and 3% earned a college degree.

Probation Law of the Philippines PD 968

What is Probation? ans.- is a disposition under which a defendant after conviction and sentence is released subject
to conditions imposed by the court and to the supervision of a probation officer.

Who can apply for Probation? ans. any first time convicted offender who is 18 years old or above.

Is probation a right? ans. no, it is a mere privilege for adult offenders. Under RA 9344 (Juvenile Justice and Welfare
Act of 2006) a child in conflict with the law (CICL) is granted the right to probation as an alternative to
imprisonment if qualified under the Probation law.

Where shall an application for Probation be filed? ans. the application shall be filed with the court that tried and
sentenced the offender.

What will happen if the application for Probation is denied? ans. the offender will be sent by the sentencing court
to prison to serve his sentence.

When should an application for Probation be filed? ans. anytime before the offender starts serving his sentence
but within 15 days from the promulgation of notice of judgment of conviction. Under section 42 of RA 9344, The
Juvenile Justice and Welfare Act of 2006, the court may after it shall have sentenced a child in conflict with the law
and upon application at anytime placed the child on probation in lieu of service of his sentence.

May an offender be released from confinement while his application for Probation is pending? ans. yes, the
applicant may be released under the bail he filed in the criminal case or under recognizance.

How many times can one be granted Probation? ans. only once.
RULES ON GRANT OF PROBATION

After having convicted and sentenced a defendant, the trial court may suspend the execution of the sentence and
place the defendant on probation, upon application by the defendant within the period for perfecting an appeal.

Probation may be granted whether the sentenced imposed a a term of imprisonment or fine only.

No application for probation shall be entertained or granted if the defendant has perfected an appeal.

Filing of application for probation operate as a waiver of the right to appeal.

The order granting or denying probation shall not be appealable.

Accessory penalties are deemed suspended once probation is granted.

The convict is not immediately put on probation. There shall be a prior investigation by the probation officer and a
determination by the court.

Will Probation be automatically granted to one whose sentence is 6 years or less? ans. no, the applicant may be
denied by the court if:

1. The offender would be better rehabilitated if he/

she is sent to prison to serve his/her sentence.

2. There is undue risk that the offender will likely

commit another crime.

3. Probation will depreciate the seriousness of the

offense committed.

Under section 70 of RA 9165, the Comprehensive Dangerous Drugs Act of 2002, the court may in its discretion,
placed the accused under probation even if the sentence provided under section 11 of the act is higher than that
provided under the probation law.

What will happen if a probationer violates the conditions of probation? ans.

1. The court may modify the conditions of probation

or revoke the same.

2. If the violation is serious, the court may order the

probationer to serve his prison sentence.

3. The probationer may also be arrested and criminally

prosecuted if the violation is a criminal offense.

The court order shall not be subject to appeal.

by the court discharging the probationer. Upon

finding that he has fulfilled the terms and conditions of his probation, the court may order the final discharge of
the probationer.

This shall have the following effects:

a. case is deemed terminated.

b. all civil rights suspended or lost are

restored.

c. offender's liability for any fine imposed is

discharged.

Who are disqualified from the benefits of probation: ans.

1. Those sentenced to serve a prison term of more 6 years.

2. Those convicted of any crime against the national

or the public order.

3. Those previously convicted of an offense which is

punished by imprisonment of not less that one

month and one day imprisonment and/or a fine of

not less than P200.

4. Those who have been placed on probation once.

5. Those serving sentence.

6. Those whose conviction is on appeal.

7. Those convicted of an offense against the omnibus

election code, insurgency law, wage rationalization

act.

There are two kinds of conditions imposed upon the offender under probation:
1. Mandatory or general – once violated, the

probation is cancelled.

1) To report to the probation officer within 72

hours after he receives the order of the court

granting probation.

2) To report to his probation officer at least once a

month.

3) not to commit any other offense while on

probation.

2. Discretionary or special – additional conditions

which the court may additionally impose for the

probationer’s correction and rehabilitation outside prison. The enumeration is not exclusive, as long

as the probationer’s Constitutional rights are not

jeopardized.

How long is the period of probation? ans.

1. not more than 2 years if the sentence of the

offender is 1 year or less.

2. not more than 6 years if the sentence is more than

one year.

3. When the penalty is a fine only and the offender

is made to serve subsidiary imprisonment, probation

shall be twice the total number of days of subsidiary

imprisonment

What is Parole? ans. it is the release of a prisoner from prison after serving the minimum period of his
indeterminate sentence.
Who can not be granted parole? ans. generally, those sentenced to a term of imprisonment of one year or less or
to a straight penalty or to a prison sentence without a minimum term of imprisonment.

Who may grant parole to a prisoner? ans. the board of pardon and parole, an agency under the Department of
Justice.

When may a prisoner be granted parole? ans. whenever the board of pardon and parole finds that there is a
reasonable probability that if released, the prisoner will be law abiding and that his release will not be
incompatible with the interest and welfare of society and when a prisoner has already served the minimum
penalty of his/her indeterminate sentence of imprisonment.

What happens if a parolee violates the conditions of his parole? ans. he shall be rearrested and recommitted or
returned to prison to served the unexpired portion of the maximum period of his sentence.

What is executive clemency? ans. it refers to the commutation of sentence, conditional pardon and absolute
pardon may be granted by the president upon recommendation of the board.

What is commutation of sentence? ans. it is the reduction of the period of a prison sentence.

What is conditional pardon? ans. it is the conditional exception of a guilty offender for the punishment imposed by
a court.

What is absolute pardon? ans. it is the total extinction of the criminal liability of the individual to whom it is
granted without any condition whatsoever resulting to the full restoration of his civil rights.

Who may file a petition for conditional pardon? ans. a prisoner who has served at least one half of the maximum of
the original indeterminate and/or definite prison term.

Who may grant commutation of sentence and pardon? ans. the president.

Who may file a petition for commutation of sentence?

ans. the board may review the petition of a prisoner

for commutation of sentence if he/she meets the following minimum requirement:

at least 10 years for prisoners sentenced to one reclusion perpetua or one life imprisonment, for crimes/offenses
not punishable under RA 7659 and other special law.

at least 12 years for prisoners whose sentences were adjusted to 40 years in accordance with the provisions of
article 70 of the RPC as amended.

at least 15 years for prisoners convicted of heinous crimes as defined in RA 7659 committed on or after January 1,
1994 and sentenced to one reclusion perpetua or one life imprisonment.

at least 17 years for prisoners sentenced to 2 or more reclusion perpetua of life imprisonment even if their
sentences were adjusted to 40 years in accordance with the provision of article 70 of the RPC as amended.

at least 20 years for those sentenced to death which was automatically commuted or reduced to reclusion
perpetua.

Who may file a petition for absolute pardon? ans. one may file a petition for absolute pardon if he had served his
maximum sentence or granted final release and discharge or court termination of probation.

Is a prisoner who is released on parole or conditional pardon with parole conditions placed under supervision? ans.
yes, the prisoner is placed under the supervision of a probation and parole officer.

PD 968 - Probation law of 1976 - this is the title of the decree/law. It took effect July 24, 1976.

Purpose of the law

promote the correction and rehabilitation of an offender by providing him with individualized treatment.

provide an opportunity for the reformation of a penitent offender which might be less probable if he were to serve
a prison sentence.

prevent the commission of offenses.

Probationer - a person placed on probation.

Probation officer - one who investigates for the court a referral for probation or supervises a probationer or both.

The Probation administration shall be headed by the Probation administrator who shall be appointed by the
president of the Philippines.

There shall be an assistant probation administrator who shall assist the administrator perform such duties as may
be assigned to him by the latter and as may be provided by law.
Qualifications of the Administrator and Assistant Probation Administrator.

at least 35 years of age

holder of a masters degree or its equivalent in either criminology, social work, corrections, penology, psychology,
sociology, public administration, law, police science, police administration or related field.

at least 5 years of supervisory experience or be a member of the Philippine bar with at least 7 years of supervisory
experience.

Regional Probation officer and Assistant regional Probation Officer - appointed by the president upon the
recommendation of the Secretary of Justice.

Provincial and City Probation officer - appointed by the Secretary of justice upon the recommendation of the
administrator and in accordance with civil service law and rules.

Qualifications of Regional, Assistant Regional, Provincial and City Probation officers.

Bachelors degree with a major in social work, sociology, psychology, criminology, penology, corrections, police
science, administration or related fields.

at least 3 years in work requiring any of the above mentioned disciplines or is a member of the Philippine bar with
at least 3 years of supervisory experience.

when practicable, the provincial or city probation officer shall be appointed from among qualified residents of the
province or city where he will be assigned to work.