0% found this document useful (0 votes)
53 views54 pages

Ca 1-Institutional Corrections

Uploaded by

shenaicpsu
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
0% found this document useful (0 votes)
53 views54 pages

Ca 1-Institutional Corrections

Uploaded by

shenaicpsu
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
You are on page 1/ 54

INTRODUCTION TO CORRECTION

CORRECTION AS A PILLAR OF THE CRIMINAL JUSTICE SYSTEM

For Criminal Justice System purposes, the term correction, corrections and
correctional, are words describing a variety of functions typically carried out by
government agencies, and involving the punishment, treatment, and supervision of
persons who have been convicted of crimes, these functions commonly given through
institutional and non-institutional approaches. (Guerrero, Molato 2017)

Functions of Correction
Correction is the pillar which is tasked to correct and rehabilitate persons whom
was after due process, was found to have violated the penal law of a competent judicial
authority.
It occupies a crucial role of rehabilitating convicted persons through the
development of individualized treatment programs which are responsive of the needs of
their clients and within the prescribed standards of existing laws and the United Nations.

The ultimate goal of Correction is to reform and rehabilitate convicted individuals


and restore them in their prior status before the commission of the crime, as law abiding
citizen.

Source: https://www.slideserve.com/gusty/philippine-criminal-justice-system
Further definitions,
 It is a branch of CJS charged with the responsibility for the custody,
supervision, reformation and rehabilitation of the convicted offender.
 It is the study of jail/ prison management and administration as well as the
rehabilitation and reformation of criminals.
 It is a generic term that includes all government agencies, facilities,
programs, procedures, personnel and techniques concerned with the
investigation, intake, custody, confinement, supervision, or treatment of
alleged offenders

PENOLOGY

The term first used is “Penology” which means, “science that deals with the study
of punishment for crime or criminal offenders, it includes the study of control and
prevention of crime through punishment of criminal offenders”. Another definition is that
“it is a division of criminology that deals with prison management and treatment of
criminal offenders”. Peno“ came from the Greek word Poine and the Latin word
“Poena” which all means Punishment. And "Logy“ came from the Latin word Logos
which means science.
In the 1950’s and 1960’s that is when a new philosophy which is focused on
rehabilitation is introduced and applied, thus the term “Correction” which specifically
describes the idea of the new-age-purpose of punishment is utilized.
It was accompanied by concrete changes in some prisons, like giving more
privileges to inmates, and attempting to instill a more communal atmosphere. (Guerrero,
Molato 2017)
CORRECTIONAL ADMINISTRATION

The study and practice of a systematic management of jails or prisons and other
institutions concerned with the custody, treatment, and rehabilitation of criminal
offenders. (Foronda 2014)

Fig 2. Education being offered in correctional institutions.

Fig 3. Therapeutic Community Program in correctional institutions.


CORRECTIONAL SYSTEM
A correctional system, also known as a penal system is a network of agencies
that functions related to rehabilitating convicted persons through either Institution-based
or Community-based corrections.

The Correctional System in the Philippines is composed of six agencies under


three distinct and separate departments of the national government:

Fig 4. Philippine Correctional System

1. Department of Interior and Local Government (DILG)


a. Bureau of Jail Management and Penology (BJMP)

2. Department of Justice (DOJ)


a. Bureau of Corrections
b. Board of Pardons and Parole
c. Parole and Probation Administration
3. Department of Welfare and Development (DSWD)
a. Child and Youth Welfare Bureau
10 Regional Youth Rehabilitation Center

Two Forms of Correctional System/Treatment of Criminal Offenders

1. Institutional Correction – This refers to the rehabilitation of offenders in jail or


prison.

2. Non-Institutional or Community-Based Correction – This refers to the


correctional activities that takes place in the community that directly addressed to the
offender and aimed at helping him to become a law abiding citizen.

Terms not to miss:


a. Penal Management- It refers to the manner or practice of managing or
controlling places of confinement as jails or prisons.
PUNISHMENT

CONCEPT OF PUNISHMENT
Punishment is a means of social control. It is a device to cause people to
become cohesive and to induce conformity.
The general concept of punishment is that it is infliction of some sort of pain
on the offender for violating the law. This definition is not complete in the sense that
it does not mention the condition under which punishment is administered or applied.

In the legal sense, it is more individual redress, or personal revenge.


Punishment, therefore, is defined as the redress that the state takes against an
offending member.

Punishment is restricted to such suffering as is inflicted upon the offender in a


definite way by, or in the name of, the society of which he is a permanent member.
Punishment must be intended and not accidental, to produce some sort of justified
suffering on the offender.

FORMS OF PUNISHMENT IN PRIMITIVE SOCIETY

1. Death penalty
a. Hanging
b. Beheading
c. Breaking wheel or Catherine wheel
d. Burning
e. immersing in boiling oil
f. Feeding to wild animals
g. Other barbaric ways or medieval executions.

2. Physical Torture/ Corporal Punishment


a. by flogging/whipping
b. Mutilation/maiming
c. Disfiguration

3. Public humiliation and shaming – also known as social degradation or putting the
offender into shame or humiliation
a. the use of stocks and pillory
b. docking stool
c. branding
d. shaving off the hair, etc.

4. Banishment or exile - sending or putting away of an offender which was carried out
either by prohibition against coming into a specified territory such as an island to
where the offender has been removed.
5. Other similar forms of punishment like transportation and slavery.

EARLY FORMS OF PRISON DISCIPLINE

1. Hard Labor - productive works.

2. Deprivation – deprivation of everything except the bare essentials of existence

3. Monotony – giving the same food that is “off” diet, or requiring the prisoners to
perform drab or boring daily routine.

4. Uniformity – “we treat the prisoners alike”. “the fault of one is the fault of all”.

5. Mass Movement – mass living in cell blocks, mass eating, mass recreation, mass
bathing.

6. Degradation – uttering insulting words or languages on the part of prison staff to the
prisoners to degrade or break the confidence of prisoners.

7. Corporal Punishment – imposing brutal punishment or employing physical force to


intimidate a delinquent inmate.

8. Isolation or Solitary Confinement – non-communication, limited news, “the lone


wolf”.

CONTEMPORARY FORMS OF PUNISHMENT

1. Imprisonment – putting the offender in prison for the purpose of protecting the
public against criminal activities and at the same time rehabilitating the prisoners by
requiring them to undergo institutional treatment programs.

2. Parole - a conditional release of prisoners after serving part of his/her sentence in


prison for the purpose of gradually re-introducing him/her to free life under the
guidance and supervision of a parole officer.

3. Probation – a disposition whereby a defendant after conviction of an offense, the


penalty of which does not exceed six years imprisonment, is released subject to the
conditions imposed by the releasing court and under the supervision of a probation
officer.

4. Fine – an amount given as a compensation for a criminal act.


5. Destierro – the penalty of banishing a person from the place where he committed a
crime, prohibiting him to get near or enter the 25-kilometer perimeter.

JUSTIFICATION OF PUNISHMENT
1. Retribution

The punishment should be provided by the state whose sanction is violated, to


afford the society or the individual the opportunity of imposing upon the offender
suitable punishment as might be enforced. Offenders should be punished because they
deserve it.

In primitive days punishment of the transgressor was carried out in the form of
personal vengeance. Since there were no written laws and no courts, the victim of a
crime was allowed to obtain his redress in the way he saw fit. Oftentimes, the retaliatory
act resulted to infliction of greater injury or loss than the original crime, so that the latter
victim was perforce afforded his revere.

Punishment therefore became unending vendetta between the offender and the
victim. Later, an attempt was made to limit the retaliation to the degree of injury inflicted,
thus the philosophy of “an eye for an eye” evolved. During this period nearly all
offenses that are now included in criminal codes as public crimes, were considered
private offenses for which the victims were allowed their redress through personal
vengeance.

There were a few offenses, however, which were regarded as crimes committed
against the native gods. People being then superstitious, believed that any catastrophe
that befell the group was a retaliation of an offended god. In order to appease the
offended god, the social group or clan demanded that the supposed offended be
banished or put to death. Witchcraft was considered a public crime and person
suspected of being a witch was tortured, banished or put to death.

2. Expiation or Atonement

It is punishment in the form of group vengeance where the purpose is to appease


the offended public or group.

This theory or justification of punishment was also advocated during the pre-
historic days. A sort of common understanding and sympathetic feeling developed in the
group. An offense committed by a member against another member of the same clan or
group aroused the condemnation of the whole group against the offending
member.

The group would therefore demand that the offender be punished. When
punishment is exacted visibly or publicly for the purpose of appeasing the social group,
the element of expiation is present. Expiation is therefore, group vengeance as
distinguish from retribution which is personal vengeance.

Punishing the offender gives the community a sense of its moral superiority, an
assurance that virtue is rewarded after all. Hostile action against the offender brings
about cohesiveness in society. Corporal punishment in most modern countries has
been abolished and the application of punishment has tended to be withdrawn from the
public eye. Some segments of society, however, still cling to the belief wrong doing or in
order that punishment be punishment.

3. Deterrence

It is the punishment gives lesson to the offender by showing to others what would
happen to them if they violate the law. Punishment is imposed to warn potential
offenders that they cannot afford to do what the offender has done. This is the essence
of deterrence as a justification for punishment.

Cesare Beccaria, an exponent of the Classical School of Criminology and whose


writings at the end of the 18th century renovated the punitive justice system of Europe,
contended that the intent of punishment should not be to torture the criminal or to undo
the crime (expiation) but to “prevent others from committing a like offense”. He
advocated the theory that “a punishment should have only that degree of severity which
is sufficient to deter others. It is doubtful if punishment is as the proponents think.

In one New England state during the 18th Century, theft was punishable by
whipping the offender in the public plaza. The purpose of whipping the thief within the
public view was to deter others from committing the same offense. Public whipping,
however, did not diminish the incidence of the theft in that state.

In England during the 18th century, pick pocketing was one of fifty offenses
punishable by hanging. The offender was hanged on a Sunday afternoon in order to
draw the largest number of spectators. The hanging would be preceded by a brass
band playing in the morning until in the afternoon. On this occasion, thousands of
spectators would mill their way in the crowd to obtain better view of the victim at the
condemned man was executed. On this same occasion professional pick pocketers
were busy plying their trade in the crowd.

The multitude that came to view the hanging were there to see how the offenders
withstood their fate, how callous they were, and how they would react to the jeers and
chastisement of the crowd. In some instances punishment undoubtedly has a deterring
effect. For the great mass of infractions of the law, however, the fear of punishment
does not enter into the causation.

The conception of deterrence presumes that the person thinks before he acts
and that all he has to do is to think of the consequences and then he will be deterred.
Actually this is not so because offenders commit crimes without the fear of punishment
uppermost in their minds.

There are certain types of offenders who could not be deterred by the fear of
punishment, namely, the behavior of the moment type involved in crimes of anger and
passion; and the type of offender whose antisocial behavior is connected with his
personality pattern and is part of his approach to life as exemplified by the psychopathic
offender and the neurotic offender.

There is no doubt, however, that some types of offenders, particularly first


offenders, can be stigmatized by the lightest form of punishment. To others more inured
in crime; going in and out of penal institutions does not deter.

4. Protection or Incapacitation

It means that the public will be protected if the offender has being held in
conditions where he cannot harm others especially the public. Punishment is effected
by placing offenders in prison so that society will be ensured from further criminal
depredations of criminals.

Protection as a justification of punishment came after prisons, were fully


established. People believe that by putting the offender in prison, society is protected
from his further criminal depredation. If this were so, vicious and society is protected
from his further criminal depredation. If this were so, vicious and dangerous criminals
should be made to serve long terms of imprisonment. Recidivism and habitual
delinquency laws are expected to attain this end.

5. Reformation or Rehabilitation

It is the establishment of the usefulness and responsibility of the offender.


Society’s interest can be better served by helping the prisoner to become law abiding
citizen and productive upon his return to the community by requiring him to undergo
intensive program of rehabilitation in prison.

This is the latest justification of punishment. Under this theory, society can best
be protected from crime if the purpose of imprisonment is to reform or
rehabilitate the prisoner. Advocates of this theory contend that since punishment does
not deter; in as much as imprisonment does not protect society from further commission
of crimes because the greater portion of the criminal population is at large; and because
prisoners stay in prison for a short time, from 3 to 5 years only, society’s interest can
best be served by helping the prisoner become a law-abiding and productive citizen
upon his return to the community by making him undergo an intensive program of
rehabilitation in prison.
Theoretically, imprisonment for reformation is sound, but practically, rehabilitation
is difficult to achieve. Some prisoners are reformed, but about 50% get relapses. Failure
to reform prisoners may be due to poor administration of the reformatory program, or it
may lie in the make-up of the criminal population.

Probation, which is a substitute for imprisonment, and parole which an early


release from prison, are intended to reform the offender. A new concept of correctional
administration has developed, thus reformation and rehabilitation are now thought of as
“treatment”. Treatment through institutional programs and through probation and parole
services is the modern version of reformation and rehabilitation.

LIMITIMITATIONS IN THE APPLICATION OF PUNISHMENT


Punishment has certain limitations on the offender, in spite of the above -enumerated
justifications.

1. Punishment makes the criminal cautious about concealing his criminal activities.
2. Stigmatizes him and isolates him from society;
3. Makes him a martyr or a hero; and
4. Develops in him an antisocial grudge and a strong resentment of authority.

Punishment on the other hand does not deter; does not repair damage to society;
or reconstruct the personality of the offender.
THE ADMINISTRATIVE ORGANIZATION AND MANAGEMENT OF INSTITUTIONAL
CORRECTIONS

PRISON AND JAIL


JAIL
An Institution for the confinement of persons who are awaiting final disposition of
their criminal cases and also for the services of those convicted and punished with
shorter sentence usually up to three years.
Origin:
Derived from the Spanish word "jaulo" which means cage, from the spanish term
"Caula", and from the French term "Gaol" (G'eole). Jaolu and Gaol, are the same

Types of Jails
1. Lock-up Jails- A security Facility, common to police stations, used for the temporary
confinement of an individual held for investigation.
2. Ordinary Jails- Houses both offenders awaiting court action and those serving short
sentences usually up to 3 years.
3. Workhouses, Jail Farms or Camp- Houses minimum custody offenders serving short
sentences or those who are undergoing constructive work programs. It provides full
employment of prisoners , remedial service a and constructive leisure time activities.

PRISON
A national prisons or penitentiaries managed and supervised by the BuCor.
A penitentiary, an institution for the imprisonment (incarceration) of persons
convicted of major/ serious crimes.
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 for those charged with or convicted of offenses
against the laws of the land.

PRISONER/INMATE/PERSONS DEPRIVED OF LIBERTY(PDL)


This refers to any person committed to jail or prison by a competent authority for any of
the following reasons:
1. to serve a sentence after conviction
2. under trial
3. under investigation

CATEGORIES OF PRISONER/INMATE/PERSONS DEPRIVED OF


LIBERTY(PDL):
1. Sentenced Prisoners/Inmates/Persons Deprived of Liberty
Refers to those who are convicted by final judgment of the crime
charged against them and they are under the jurisdiction of the penal
institutions.

2. Detention Prisoners/Inmates/Persons Deprived of Liberty (Detainee)


Those who were detained for the violation of law or ordinance
and not yet convicted by the court. They are under the jurisdiction of
Courts.
Classification of detainees:
a. Undergoing investigation
b. Awaiting or undergoing trial
c. Awaiting final judgement

3. Those who are on safekeeping


This includes non-criminal offenders who are detained in order to
protect the community against their harmful behavior (insane person).

Note: Safekeeping is the temporary custody of a person of the detention of a


person for his own protection or care, to secure him from liability, harm, injury
or danger.

Classification of Sentenced Prisoners/Inmates/Persons Deprived of Liberty (PDL)


1. Insular or National Prisoners/Inmates/Persons Deprived of Liberty (PDL)
Those who were sentence to serve a prison term of over three years and
those sentence to suffer a term of over three(3) years imprisonment but appealed
the judgement and unable to file a bond for their temporary liberty.

2. City Prisoners/Inmates/Persons Deprived of Liberty (PDL)


Those who were sentence to suffer an imprisonment of less than three
years or a fine of more than one thousand pesos (1,000) or both.
Includes those who were detained whose cases were filed with the MTC
and those whose cases are cognizable by the RTC and under preliminary
investigation.

3. Provincial Prisoners/Inmates/Persons Deprived of Liberty (PDL)


Those sentenced to suffer a term of imprisonment from 6 months and 1
day to 3 years or a fine not more than 1,000 or both, or

4. Municipal Prisoners/Inmates/Persons Deprived of Liberty (PDL)


Those confined to serve an imprisonment of not more than 6 months. Those
detained therein whose trials of their cases are pending with the MTC.

Note: The new term used to address an inmate/prisoner is Persons Deprived of


Liberty. It was officially used upon the implementation of R.A. 10575

Person Deprived of Liberty (PDL) – refers to a detainee, inmate, or prisoner, or


other person under confinement or custody in any other manner. However, in order to
prevent labeling, branding or shaming by the use of these or other derogatory words,
the term “prisoner” has been replaced by this new and neutral phrase “person deprived
of liberty” under Article 10, of International Covenant on Civil and Political Rights
(ICCPR), who “shall be treated with humanity and with respect for the inherent dignity of
the human person.”(RA 10575)
CORRECTIONAL INSTITUTIONS IN THE PHILIPPINES: FUNCTION,
ORGANIZATION AND PROGRAMS

BUREAU OF CORRECTIONS

Organization and Key Position of the Bureau of Corrections

Republic Act No. 10575, also known as "The Bureau of Corrections Act of
2013". This law provides the Revised Implementing Rules and Regulations, which
prescribes the application of necessary rules and regulations for the strengthening of
correctional services.

Bureau of Corrections
It is an agency of DOJ which is charged with the custody and rehabilitation of
national offenders.
This refers to the central office and the prison and penal farms which are known
as colonies. The central office headed by the Director General has control and
supervision over the prison and penal farms.

Headquarters: NBP Reservation in Muntinlupa

ORGANIZATION AND KEY POSITIONS OF THE BUCOR

Key Positions:
The BuCor shall be headed by a Director who shall be assisted by three (3)
Deputy Directors:
 one (1) for administration,
 one (1) for security and operations and
 one (1) for reformation.
All of whom shall be appointed by the President upon the recommendation of the
Secretary of the DOJ: Provided, That the Director and the Deputy Directors of the
BuCor shall serve a tour of duty not to exceed six (6) years from the date of
appointment: Provided, further, That in times of war or other national emergency
declared by Congress, the President may extend such tour of duty. Upon the
implementation of this Act, the incumbent Director and Deputy/Assistant Directors of
BuCor shall continue their tour of duty as Director General and Deputy Director
Generals of Corrections. However, in no instance shall any Director of Corrections or
his Deputy Director Generals be permitted to serve more than one (1) tour of duty in the
prison service.
 The Head of the BuCor, with the rank of Undersecretary, shall have the position
and title of Director General of Corrections.
 The second officers in command of the BuCor, with the rank of Assistant
Secretary, shall have the position and title of Deputy Directors of Corrections.
 The third officer in command of the BuCor, with the rank of Chief Superintendent,
shall have the position and title of Correctional Chief Superintendent.
 The fourth officer in command of the BuCor, with the rank of Senior
Superintendent shall the position and title of Corrections Senior Superintendent.
 The fifth officer in command of the BuCor, with the rank of Superintendent, shall
have the position and title of Corrections Superintendent.

PERSONNEL BUILD-UP OF BUCOR


The BuCor shall maintain the inmate to student ratio,

 Custodial personnel-to-inmate ratio of 1:7 for three (3) shifts


 Reformation personnel-to-inmate ratio of 1:24 for one (1) shift.

The reformation ratio is broken down into the following:

a) Moral and Spiritual personnel-to-inmate ratio is 1:240;


b) Education and Training personnel-to-inmate ratio is 1:120;
c) Work and Livelihood personnel-to-inmate ratio is 1:180;
d) Sports and Recreation personnel-to-inmate ratio is 1:225;
e) Health and Welfare personnel-to-inmate ratio is 1:80; and
f) Behavior Modification personnel-to-inmate ratio is 1:150.

Hence, it is authorized to increase its manpower to meet such ratio and may
continue to increase personnel per percentage rate increase of committed inmates
annually or as the need arises particularly in the,

 Administrative personnel requirements which shall have a ratio of 1:14.58,


 Engineering personnel ratio of 1:58.33,
 Directorate for Reception and Diagnostics and Directorate for External Relations
combined personnel ratio of 1:120 (at 50% share each),
 Directorate for Inmate Documents and Records personnel ratio of 1:116.7.

Such increase of personnel shall be governed by a pyramidal rank structure, not by


organizational structure, to prevent distortion in the chain of command.

OPERATING UNITS OF THE BUREAU OF CORRECTIONS


1. New Bilibid Prison (NBP)

Location: Muntinlupa City


Land Area: has a land area of 552 hectares.
The NBP was established due to the increased rate of prisoners.
The NBP houses maximum security convicts including the death row, the electric
chair and lethal injection chamber when it was still in use. It is considered as one of the
biggest prison in the world in terms of the number of population
Two Satelite Camp in NBP:
1.Camp Sampaguita
-Medium Security
- where RDC is located
2. Camp Bukang Liwayway
- Minimum Security

2. Correctional Institution for Women (CIW)

Location: Mandaluyong City


Land Area: Consist of 18 hectares
Date of Establishment: It was established in 1931 by virtue of Act 3579 passed
on November 27, 1929
It is one and only prison for women in the Philippines.

Penal Farms and Colonies in the Philippines


3. San Ramon Prison and Penal Farm
Location: Zamboanga
Land Area: Has an area of 1, 246 hectares, with the principal product of copra.
Date of Establishment: established on August 21, 1869
Founded by Captain Ramon Blanco of the Spanish Royal Army. It was
established for the confinement of Muslim and Political Offenders. The oldest
correctional facility in the country.

4. Iwahig Prison and Penal Farm


Location: Puerto Prinsesa Palawan
Land Area: it has a land total area of 36,000 hectares
Date of Establishment: Established on November 16, 1904
Former Luhit penal settlement. It was from this facility that the term "Prison
without walls" had its beginning. Established on the orders of Governor Forbes who was
then the Secretary of Commerce and Police. It was originally for the confinement of
incorrigibles and intractable prisoners. In 1905 it was converted for the confinement of
well behave and tractable prisoners. And made into a minimum security prison
Tagumpay Settlement
Owing to its vast land holdings, allocated 1000 hectares which were
distributed to released inmates who want to settle for good in Palawan.
Each released prisoner awardees is given a six hectares farm lots as
homestead.
Four sub-colonies of Iwahig Penal Colony
1. Inagawan Sub-colony
2. Montible Sub-colony
3. Santa Lucia Sub-colony
4. Central Sub-colony

5. Davao Prison and Penal Farm


Location: Located in Santo Tomas, Davao del Norte
Land Area: consist of 18,000 hectares
Date of Establishment: Built on January 21, 1932
Founded by Gen. Paulino Santos
Created by virtue of Act No. 3732 and Proclamation 414 series of 1931.
Formerly known as the DaPeCol
Mostly devoted to abaca and banana plantation.
It is the main source of income of the Bureau of Corrections
In 1941, it was used as a concentration camp for American Prisoners of War.

6. Sablayan Prison and Penal Farm


Location: Sablayan, Occidental Mindoro
Land Area: It consist of 16, 190 hectares
Date Establishment: Founded on Sept. 27, 1954
By virtue of Proclamation No. 72 dated September 27, 1954. One of the
prisoners nearer to Metro Manila. The penal colony is designed for minimum security
prisoners. Primary product is rice that is used also to supply the NBP.
7. Leyte Regional Prison (Abuyog, Leyte)
Location: Abuyog, Leyte
Date Establishment: established on January 16, 1973
Under proclamation 1101 during the martial law with the aim of regionalizing
prisons in the country. The last penal facility to be built by the BuCor.
Rank Classification of Uniformed Personnel of the BuCor(RA 10575)
Custodial Rank
Corrections Chief Superintendent
Corrections Senior Superintendent
Corrections Superintendent
Corrections Chief Inspector
Corrections Senior Inspector
Corrections Inspector
Corrections Senior Officer IV
Corrections Senior Officer III
Corrections Senior Officer I
Corrections Senior Officer I
Corrections Officer III
Corrections Officer II
Corrections Officer I
Reformation Rank
Corrections Technical Senior Superintendent
Corrections Technical Superintendent
Corrections Technical Chief Inspector
Corrections Technical Senior Inspector
Corrections Technical Inspector
Corrections Technical Senior Officer IV
Corrections Technical Senior Officer III
Corrections Technical Senior Officer II
Corrections Technical Senior Officer I
Corrections Technical Officer III
Corrections Technical Officer II
Corrections Technical Officer I
BUREAU OF JAIL MANAGEMENT AND PENOLOGY (BJMP)

Republic Act No. 6975, entitled “Department of the Interior and Local
Government Act of 1990”. An Act establishing the Philippine National Police,
Bureau of Jail Management and Penology and Bureau of Fire Protection under a
Reorganized Department of the Interior and Local Government, and for other
Purposes.
Section 61 of the law states that, “The Jail Bureau shall exercise supervision
and control over all city and municipal jails”.
The BJMP has the mission to direct, supervise and control the administration and
operation of all district, city and municipal jails to effect a better system of jail
management nationwide.
Coverage of Supervision by the Jail Bureau
1. City Jails
2. Municipal jails
3. District jails
Classification of Jails Based on Inmate Population
Class A Jails- with 100 or more inmates
Class B Jails- with 21-99 inmates
Class C Jails- with 1 to 20 inmates
A bureau that functions nationwide in the service of the public and as an arm of
the government in maintaining security, peace and order to the community is required to
upgrade and ensure that the level of qualifications of their uniformed personnel so that
they may effectively assume their duties. For their benefit, standardizing their base pay,
retirement and other benefits, are made at par with those of the PNP and the AFP.
With that, Republic Act No. 9263 implemented, this act is entitled, "Bureau of
Fire Protection and Bureau of Jail Management and Penology Professionalization
Act of 2004."

Organization and Key Position of the Bureau of Jail Management and Penology
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.

Position Rank Position


Head of the BJMP Director Chief of the Jail Bureau
Second Officer in Chief Superintendent Deputy Chief for
command Administration of the Jail
Bureau
Third Officer in command Chief Superintendent Deputy Chief for Operation
of the Jail Bureau
Fourth officer in command Chief Superintendent Chief of Directorial Staff of
the Jail Bureau

He shall be assisted by the


directors of the
directorates in the
respective national
headquarters office with at
least the rank of senior
superintendent.
Head of Regional Offices Senior Superintendent Regional Director of Jail
Management and
Penology
Regional Offices Superintendent  Assistant Regional
Director for
Administration,
 Assistant Regional
Director for Operations,
and
 Regional Chief of
Directorial Staff.

Provincial Office Superintendent Provincial Administrator


District Office Chief Inspector District Warden
- large cities and
municipalities
City and Municipal Office Chief Inspector City or Municipal Warden

RANK CLASSIFICATION AND APPOINTMENT OF UNIFORMED PERSONNEL IN


THE BJMP

Commissioned Officers: Rank Appointment of


Uniformed Personnel in
the BJMP

Director Appointed by the President


Chief Superintendent upon recommendation of
the Secretary of the DILG
with the proper
endorsement of the
chairman of CSC.

Senior Appointed by the Secretary


Superintendent of the DILG upon
recommendation of the
CBJMP with the proper
attestation of the CSC.

Superintendent Appointed by the Chief


Chief Inspector BJMP as recommended by
Senior Inspector their immediate superiors
Inspector and attested by the CSC

Non-commissioned Officers:
SJO4 Shall be appointed by the
SJO3 Regional Director for the
SJO2 regional office uniformed
SJO1 personnel or by the BJMP
JO3 Chief for the national
JO2 headquarters office and
JO1 attested by the CSC.

ADMISSION PROCEDURES AND FUNCTIONS OF THE DIFFERENT OFFICES AND


PROGRAMS IN JAILS AND PRISON

Purpose of Confinement
A person is committed to prison or jail because of the following reasons:
a. to segregate him from society; and
b. To rehabilitate him so that upon his return to society he shall be responsible and
law-abiding citizen.
BUREAU OF CORRECTION ADMISSION PROCEDURE
Safekeeping
The custodial component of the BuCor's present corrections system.
Refer to the act that ensures the public that national inmates are provided with
their basic needs, completely incapacitated from further committing criminal acts, and
have been totally cut off from their criminal networks while serving sentences inside the
premises of the National Penitentiary.
Reformation
The rehabilitation component of the BucOr's present correctional system.
Shall refer to the acts which ensure the public that released national inmates are
no longer harmful to the community by becoming reformed individuals prepared to live a
normal and productive life upon reintegration in the mainstream society.
Manning Level of the Bucor
a. Custodial personnel-to-inmate ration= 1:7
b. Reformation personnel-to-inmate ration= 1:24
Operations of the Bureau of Corrections

A. Directorate for the Reception and Diagnostics (DRD former RDC)


- Receive, study and classify inmates and detainees committed to the BuCor
- shall undertake reception of inmates.
B. Security and Operations Directorate(SOD)
- provide basic needs and security

C. Reformation Directorates
- administer reformation program

D. Directorate For External Relations (DER) , formerly External Relations


Divisions( ERD)
- prepare inmates for reintegration to mainstream society.

E. Directorate for Reception and Diagnostics (DRD)


- This is a special unit of prison where new prisoners undergo diagnostic
examination, study and observation for the purpose of determining the programs of
treatment and training best suited to their needs and the institution to which they
should be transferred.
The Quarantine Cell or Unit

A unit of the prison or section of the RDC where the prisoner is given thorough
physical examination including blood test, x-rays, vaccinations and immunity.
An inmate shall be placed in quarantine for at least five (5) days.
After the quarantine period, the inmate shall remain at the RDC for a period not
exceeding fifty-five (55) days where he shall undergo psychiatric, psychological,
sociological, vocational educational, religious and other examinations.

Staff Members of DRD/ RDC and their functions

1. The Psychiatrist - responsible for the examination of the prisoner's mental and
emotional make-up.
2. The Psychologits- responsible ti conduct study on the character and behavior of
the prisoners.
3. The Sociologist- study the social case situation of the individual prisoner.
4. The Educational Counselor- consducts orientation classes in order to change
inmates' attitude towards education and recommends educational programs for
the prisoner.
5. The Vocational Counselor- to test the prisoner's special abilities, interest and
skills and recommends for the vocational course best suited to the prisoner.
6. The Chaplain-encourage the prisoner to participate in religious activities.
7. The Medical Officer- conducts physical examination and recommends medical
treatment of prisoners.
8. Custodial- Correctional Officer- recommends the transfer and type of custody of
inmates.

Admission Procedure in Prison

1. Receiving- The new prisoner is received at the RDC. He usually comes from a
provincial or city jail where he was immediately committed upon conviction by the
court, and escorted by the escort platoon during his transfer to National Prison.
2. Checking of Commitment Papers - the receiving officer checks the
commitment papers if they are in order. That is if they contain signatures of the
judge or the clerk of the court and the seal of the court.
3. Establishing Identity of the Prisoner- the prisoner's is established through the
picture and the fingerprint appearing in the commitment order.
4. Searching the Prisoner -this step involves the frisking of the prisoner and
searching his personal things. Items classified as contrabands are confiscated by
the property custodian and custodian other properties are deposited with the trust
fund officer under recording and receipts.
5. Briefing and Orientation - the prisoner will be briefed and oriented on the rules
and regulations of the prison before he will be assigned to the RDC or quarantine
unit.

Admission
After registration, the inmate shall be photographed, front and side view,
fingerprinted and assigned a permanent prison number.
The male inmates shall be given regulation haircut and his beard/ mustache if
any shall be shaven.

Issuance of Uniforms Etc.


The newly- admitted inmate shall be issued two regulation uniforms/suits and two
t-shirts

Whenever practicable, he shall also be issued the following items:


a. One blanket
b. One mat
c. One pillow
d. One mosquito net
e. One set, mess kit
f. One pair slippers
The inmate shall be held responsible and accountable for the items issued to him.
Personal Effect of the Inmate
In addition to the articles supplied by the prison, the inmate may bring clothes
and other items essential to his well-being, provided the quality, nature and dimension
thereof will not interfere with the safety and living conditions of the other inmates.
The Superintendent may allow the inmate to bring in electrical equipment like
television sets, radio cassettes video players, electric fan and similar items provided that
the same is for common use with other inmates.
Inmates are not allowed to bring in luxurious items such as air conditioners,
carpets, sofas, beds, sleeping mattresses, washing machines and the likes.

Wearing of Jewelry
An inmate may not wear any jewelry items he may however be allowed
inexpensive watch.

THE TREATMENT PROGRAMS

The two approaches in treating criminal offenders.


1. Institutional-based treatment
2. The community based treatment programs.

Institutional Treatment or Reformation Programs


a. Education and Training Program
The CORNERSTONE OF REHABILITATION
It is the process or result of formal training in schools or classrooms
intended to shape the mind and attitude of the prisoners towards good living
upon their release.
Classes of Prison Education:
a. General and Academic Education
b. Vocational Education
b. Work and Livelihood Programs
Purposely to eliminate idleness on the part of prisoners, which may
contribute to "prison stupor", and its affect the incidence of prison riot.

c. Moral and Spiritual Program


The purpose of this program is to change the attitudes of inmatea by
inculcating religious values or belief.

d. Sports and Recreation Programs


e. Health and Welfare program
f. Behavior Modification Program to include Therapeutic Community /
Counseling and Casework

The Reformation programs shall be undertaken by Professional Reformation


Personnel consisting of Corrections Technical Officers.
Corrections Technical Officers
These are personnel employed in the implementation of reformation
programs.
Who are Correction Technical Officers?
Include priest, evangelist, pastors, teachers, instructors, professors, vocational
placement officers, librarians, guidance counselors, physician, nurses, medical
technologist, pharmacist, dentist, therapist, psychologist, psychiatrist, sociologist, social
workers, engineers, electricians, agriculturist, veterinarians, lawyers and similar
professional skills, relevant to the implementation of inmate reformation programs.
BJMP RECEPTION/ADMISSION PROCEDURES

As mandated by the BJMP Manual (Rule IV), the Jail Bureau should observe the
following procedures in receiving/admitting a new inmate.
a. Identity check
b. Examination of Commitment papers
c. Security check
d. Accounting of Personal Property
e. Turn-over of Personal Property
f. Inmate Identification
g. Strip -Search
h. Medical Examination
i. Psychological and Physical
j. Preparation of Medical Record
k. Social Case Study
l. Provision of Jail Clothing
m. Briefing and Orientation
n. Maintenance of Prison Record
Duties and Responsibilities of BJMP Key Officials, Units and Offices
Warden
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 the efficient
functioning of the institution.

Operating Units under the Office of the Warden:


A. 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 rules and regulations thereto.
This section inspects the jail facilities, the personnel and prisoners and
submits reports of deficiencies noted to the warden.
It helps the warden in the maintenance of discipline, not only of the
personnel but the inmates as well.
B. Public Relations Office
This is tasked with the maintenance of good public relations to
obtain the necessary and adequate support of the public.

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 Classification and Disciplinary Board

ADMINISTRATIVE GROUPS

This group take charge of all administrative functions of the jail.

a. Personnel Management Branch responsible for the:


1. assignment of personnel
2. preparation of personnel reports
3. procedures of selection
4. maintain individual record files of personnel

b. Records and Statistics Branch


1. Keeps and maintains booking sheets and arrest reports,
2. Keep an orderly record of fingerprints and photograph of inmates
3. Present/ prepare statistical data of inmates

c. Property and Supply Branch


Take charge of the safekeeping of equipment and supplies in the
requisitioning of supplies and materials needed for the operation of the jail.

d. Budget and Finance Branch

Take charge of financial matters especially in programming, budgeting,


accounting, and other activities related to financial services.

e. Mess Service Branch

Take charge of the preparation of the daily menu, makes foodstuff


purchases, prepares and cook the food and serves it to the inmates.

f. General Service Branch


Responsible for the maintenance and repair of jail facilities and
equipment.
It is also tasked with the cleanliness as well as the beautification of the jail
compound.

g. Mittimus Computing Branch


Receives court decisions and mittimus and ascertains by compilation the
date of the full completion of service of sentence of each prisoner for his eventual
release from jail. It also prepares transfer orders of inmates to other penal
institutions.
Mittimus- is a warrant issued by a court directing the jail or prison
authorities torl receive the convicted offender for the service of the sentence
imposed therein.

SECURITY GROUPS
Provides the system of sound custody, security snd control of inmates and their
movements. It enforces and maintains inmate's discipline.
1. Escort/ Subpoens Platoon

a. 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.
b. Subpoena Section- receives,distributes and/or serves
subpoenas,notices,and order,summons and other processes directed to
inmates confined in jail.
Escort procedures for court appearance
- in escort duties for court hearing,the Superintendent shall provide at least
two(2) guards for every inmate.(interpreted as 1:1+1)

2. Security Platoon.
- a three working platoon shifts responsibke for over all security of the jail
compound including gates, guard posts and towers. They are also responsible for the
admitting and releasing unit.
3. Rehabilitation Purposes Group
-this group provides services and assistance to prisoners and their families to
enable them to solve their individual needs and problems arising from the prisoners'
confinement.
A. Medical and health Services Branch
B. Work and Education Therapy Services
C. Socio-cultural Services
D. Chaplain Services
E. Guidance and Counseling Services
DIVERSIFICATION AND CLASSIFICATION

DIVERSIFICATION
Diversification- is the principle of separating homogenous type of prisoners that
requires special treatment and custody.
Factors Considered in Diversification
1. Age- prisoners who are 18 years old and below should be segregated from
the older groups.
2. Sex- females and males are separated in separate institutions.
3. Medical or mental conditions- mentally ill, sexual deviates, physically
handicapped and hospital patients need to be segregated from the prison
population because each group needs special kins of treatment.
4. Degree pf custody- Is the most used factor for diversification that is the extent
of strict keeping necessary for the person in confinement.

Classification of Prisoners According to Degree of Security

1. Super Maximum Security Prisoners ( Not Applicable in the Philippines )


A special group of prisoners composed of incorrigible, intractable, and
highly dangerous persons who are the source of constant disturbances even in a
maximum security prison.
They wear orange color of uniform.

2. Maximum Security Prisoners


This shall include highly dangerous or high security risk who require a high
degree of control.
Their movement are restricted and they are not allowed to work outside
the institution but rather assigned to industrial shops with in the prison compound
They wear orange color uniform.
Who are Maximum Security Prisoners?
a. Those sentence to death
b. Those whose minimum sentence is 20 years imprisonment
"(RP) exception: 1st- offenders after serving 5 years in maximum."
c. Remand inmates or detainees whose sentence is 20 years and above and
those whose sentence is under review by the SC.
d. Those with pending cases
e. Recidivist, habitual delinquents and escapees.
f. Those confined at the RDC.
g. Those under disciplinary punishment or safekeeping
h. Those who are criminally insane or with severe personality disorders or
emotional disorders.
What is Maximum Security Facility?
A facility with thick wall enclosures of 18- 25 feet high constructed
with catwalks, patrol tower and patrol guards for day and night. Occupants
thereat are subjected to work in industrial facilities within the prison
compound.

3. Medium Security Prisoners


This shall include those who cannot be trusted in less secured areas and
those whose conduct and behavior require minimum supervision.
They occupy the Medium Security Prison (Camp Sampaguita) and they
wear blue color of uniforms.
Generally they are employed as agricultural workers.
Who are Medium Security Prisoner?
a. Those whose minimum sentence is less than 20 years of imprisonment.
b. Remand inmate or detainees whose sentences are below 20 years.
c. Those who are 18 years of age and below, regardless of the case and
sentence.
d. Those who have 2 or more records of escape.
Must serve 8 years since recommitted,
1 record= must serve 5 years.
e. First offenders sentence to life imprisonment.
They can be classified as medium security if they have served 5 years in a
maximum security prison or less, upon the recommendation of the
Superintendent.
What is a medium security institution?
Fences are utilized instead of walls the structure is created for
prisoners housed in dormitories. The specifications for construction of 2
fences with the interior fence approximately 12 to 14 feet high and the
outer fence 8-12 feet high and they are to be erected at least 18 feet
apart. The perimeter fence requires lesser personnel to conduct patrol
activities.

4. Minimum Security Prisoners


This shall include those who can be reasonably trusted to serve their
sentences under less restricted conditions.
The occupy the Minimum Security Prison (Camp Bukang Liwayway)
They wear brown color of uniform.

Who are Minimum Security Prisoners?


a. Those with severe physical handicap as certified by the Chief Medical
Officer of the Prison.
b. Those who are 65 years of age and above without pending case and
whose conviction are not on appeal.
c. Those who have served 1/2 of their minimum sentence or 1/3 of their
maximum sentene, excluding GCTA.
d. Those who have 6 months more to serve before the expiration of their
maximum sentence.

What is Minimum Security?


This facility has the main objective of keeping civilians away and it
is not created for purpose of preventing escape. Housed in this facility are
those who are awaiting final release and there is little or no supervision
from authorities. Prisoners are free to move about subject to compliance
to curfew hours.
THE CLASSIFICATION PROCESS IN BUCOR

Classification- It is a process of determining the needs and requirement of


prisoners before assigning them to programs according to their needs and existing
resources.

Four Separate but Coordinated Classification Procedures

1. Diagnosis
Prisoner's case history is taken and his personality studied by the
DRDRDC staff.

2. Treatment Planning
This is the formulation of the tentative treatment programs best suited to
the needs and interest of an individual prisoner, based on the findings of the
RDC's staff.
3. The Quarantine Cell or Unit
A unit of the prison or section of the RDC where the prisoner is given
thorough physical examination including blood test, x-rays, vaccinations and
immunity.
An inmate shall be placed in quarantine for at least five (5) days.
After the quarantine period, the inmate shall remain at the RDC for a
period not exceeding fifty-five(55) days where he shall undergo psychiatric,
psychological, sociological , vocational educational, religious and other
examinations.
This is the application of the treatment program and policies by the
classification committee.
4. Re-classification
The treatment program is kept current with the inmates chaging needs
and with new analysis, based on any information not available at the time of
the initial classification committee meeting of the inmate's case, which
continues from the time of the first classification until the inmate is released.

CLASSIFICATION BOARD

Every prison shall have a Classification Board that shall classify inmates
accordingly or determine the work assignment, type of supervision and custody which
will be applied to the prisoners.
Chairman Superintendent

Vice- Chief, RDC


chairman
Members Medical officer
Chief, Education Section
Chief, Agro-Industries Section

Secretary Chief Overseer

The Classification Board for Jails


Chairman-Assistant Warden
Members: Chief security officer
Medical Officer
Chaplain
Social Worker
INSTITUTIONAL SECURITY, CUSTODY AND CONTROL

SECURITY
Involves safety measures to maintain orderliness and discipline with in the jail or
prison.

PRISON DISCIPLINE
The state of good order and behavior in prison. It includes maintenance of good
standards of works, sanitation, safety, education, health and recreation.

PREVENTIVE DISCIPLINE
The prompt correction of minor deviations committed by prisoners before they
become serious violations.

CONTROL
It involves supervision of prisoners to insure punctual and orderly movement to
and from one place of work or assignment to another.

CUSTODY
Defined as guarding or penal safekeeping.
It involves security measures, locking, counting routines, procedures for searching
prisoners and their living quarters, and prevention of contraband to insure security amd
control within the prison.
Aims of Institutional Security, Custody and Control
1. Prevention of Escapes
2. Control of contrabands
3. Maintenance of good order

CONTRABAND
Anything that is contrary to prison or jail rules or regulations.

Note:
The Prison Custodial Division/Force is in charge of all matters pertaining
to the custody of the prisoners and security of the institution.
It is composed of the following;

PRISON CUSTODIAL DIVISION/FORCE


Headed by:
Chief Security Officer usually with the rank of Inspector to Senior Inspector
Assisted by:
Security officers- are assigned as commanding officers of the three shifts of
guards and the escort company or the platoon.
Supervising prison Guard- take charge of a big group of guard details or
several posts within the perimeter of the institution.
Senior Prison Guards- take charge of a squad or groip of guards in work detail
or escort guards assigned to important post such as the control gates.
Prison guards- lowest in rank and assigned to man the sentinel posts, guard
houses and gates.
Functions of the Custodial Division/force:
1. supervision of prisoners
2. maintain order and discipline
3. inspections and security
4. escort
5. keep records

DISCIPLINARY MEASURES IMPOSED IN JAILS AND PRISONS

DISCIPLINARY BOARD IN JAILS


The Disciplinary Board for jails is organized and maintained for the purpose of
hearing disciplinary cases involving violation of jail rules or regulations by the inmates.
(Shall be heard and decided within 48 hours from the date of receipt)

The Disciplinary Board has the authority to impose disciplinary punishments such as:
a. Reprimand
b. Temporary or permanent cancellation of some or all privilages (visiting
privileges, recreational privileges and other privileges)
c. Extra-fatigue duty or assignment to a disciplinary squad for manual labor
d. Close confinement in a cell which shall not exceed 7 days in any calendar
month. This punishment shall be imposed only in the case of incorrigible inmate
when other disciplinary measures are proven ineffective.
e. Transfer to other penal institutions
f. Partial or full forfeiture of good conduct time allowance to be earned for that
month and subsequent month depending upon the gravity of the offense.

Note: instrument of restraint such as handcuffs, leg iron and strait jacket are not to be
applied as a form of punishment. They shall only be used as a precaution against
escape or on the ground of medical precautions to prevent the offender from injuring
himself or others.
Composition of the Disciplinary Board in Jails
Chairman- Assistant Warden
Members. -Chief Security officer
-Medical/Health Officer
-Jail chaplain
-Social Worker or the
Rehabilitation officer

Note: if the above composition is not feasible because of


personnel limitations, the jail warden may perform the function as
the Board Summary Hearing Officer.

PUNISHABLE ACTS IN JAILS


A. Minor offenses
1. Selling or bartending with fellow inmates of items not classified as
contrabands.
2. Rendering personal services to fellow inmates
3. Untidy or dirty in his personal appearance
4. Littering or failing to maintain cleanliness and orderliness in his quarters and/or
surroundings.
5. Making frivolous or groundless complaints
6. Reporting complaints on behalf of other prisoners
7. Late in formation or duty without justifiable reasons; and
8. Willful waste of food.

B. Less Grave Offenses


1. Failure to report for work detail without sufficient justification.
2. Failure to render assistance to an injured personnel or inmate
3. Failure to assist in putting out of fires inside the jail.
4. Acting boisterously during religious, social and other group functions.
5. Swearing, cursing or using profane or defamatory language, directed
personally towards other persons
6. Malingering or reporting for sick call to escape work assignment
7. Spreading rumors or maliciously intriguing against the honor of any persons
particularly members of the custodial force.
8. Failing to stand at attention and give due respect when confronted by or
reporting to any officer or member of custodial force
9. Forcing fellow inmates to render personal services
10. Exchanging uniform or wearing clothes other than those issued to him for the
purpose of circumventing jail rules
11. Loitering or being in an unauthorized place.
12. Using the telephone without authority from the desk officer.
13. Vandalism
14. Withholding information which is inimical and prejudicial to the jail
administration
15. Possession of lewd or pornographic materials
16. Absence from cell or brigade or place of work during headcount or at any
time without justifiable reasons.
17. Failing to turn over any articles issued after the work detail.
18. Committing any acts prejudicial to or which is necessary to good order and
discipline.

C. Grave Offenses
1. Making untruthful statement or lies in an official communication, transaction,
or investigation
2. Keeping or concealing keys or locks of places in the jail where it is off limits to
prisoners
3. Giving gifts, selling to, or bartering with jail personnel
4. Keeping in his possession money jewelry or other contrabands which the rules
prohibit
5. Tattooing or allowing himself to be tattooed on any part of the body, or
keeping any paraphernalia to be used in tattooing
6. Forcibly taking or extracting money from fellow inmates or from visitors
7. Punishing or inflicting injury or harm upon himself or other inmates
8. Receiving, keeping and taking or imbiding liquor or other prohibited drugs
9. Making, improvising or keeping any kind of deadly weapons
10. Concealing or withholding information on plans of attempted escapes
11. Unruly conduct and behavior and flagrant disregard of discipline and
instructions
12. Escaping, attempting to or planning to escape from the institution or from
any guard.
13. Helping, aiding or abetting others to escape
14. Fighting, causing any disturbance or particularly participating therein and /or
agitating to cause such disturbance or riot
15. Indecent, immoral or lascivioud acts by himself or others and/or allowing to
be the sibject of such indecent, immoral or lascivious acts.
16. Acts and disrespectful manner towards any officer or member of the custodial
force
17. Willful disobedience to a lawful order issued by an officer or member of the
custodial force
18. Assaulting any officer or member of the custodial force
19. Damaging any government property or equipment issued to the inmates
20. Participating in any kangaroo court, an unauthorized or irregular court
conducted with disregard for or perversion of legal procedures as a mock court
by inmates in jail/prison.
21. Affiliating oneself to any gang or faction whose main purpose is to forment
regionalism or to segregate themselves from others.
22. Failing to inform the authorities concerned when afflicted with any
communicable disease, like VD, etc..
23. Engage in gambling or any game of chance
24. Committing any act which is in violation of any law or ordinance, in which
case, he shall separately be prosecuted criminally in accordance with law.
TREATMENT OF SPECIAL OFFENDERS
includes:
1. Women offenders
2. Drug addicts
3. Alcoholics
4. Mentally ill persons
5. Sex deviates
6. Escape prone prisoner
7. Suicide risk prisoners
8. The handicapped, aged and infirmed
9. Youth offenders and
10. Alien inmates
Under Rule 5 of the BJMP manual, it states thay unusual offenders
should not be held in jails or prison with the common jail/prison population.
They should br segregated in other institutions as their temporary
detention houses.
OPERATIONAL PLANS IN JAILS OR PRISONS
a. Emergency Plans
b. Plans in Case of Jailbreak and Escapes
c. Plans for Violent Disturbances and Riots

1st Group
They composed the initial anti-riot assault team. Their objective is to disperse the
rioters and get their leaders.
2nd group
They serve as the backup force for the first group, for this purpose they are
equipped with tear gas and gas grenades
3rd Group
Composed of guards trained on proper handling and use of firearms. They shall
be ready to fire when the lives of the guards are in peril or on order of the officer in
command.
RIGHTS AND PRIVILEGES OF INMATES
Rights of Inmates
a. To receieve compensation for labor they perform;
b. To be credited with time allowance for good conduct and loyalty;
c. To send and receive mail matters;
d. To practice their religion or observance of their faith;
e. To receive receive authorize visitors
f. To ventilate their grievamces through proper channels and
g. To receive death benifits and pecuniary aid for injuries.

Privileges of Inmates
a. Attend to participate in any entertainment and athletic activity within the prison
reservation;
b. Read books and other reading materials in the community;
c. Smoke cigars and cigarettes except in prohibited places.
d. Participate in civic religious and other activities authorized by prison
authorities; and
e. Receive gifts and prepared food from visitors subject to inspection.
PENAL PROVISION ON CORRECTION

A. GOOD CONDUCT TIME ALLOWANCE

CRIMINAL LIABILITY OF INMATES IN CASE OF ESCAPE AND EVASION OF


SENTENCE
B. Evasion of Service of Sentence( Art. 157-159 , RPC) Evasion of Service
under Art 157:
Elements:
1.offender is a prisoner serving sentence involving deprivation of liberty by
reason of final judgment,
2.He evades the service of his sentences during the term of his imprisonment.

C. Evasion of Service of Sentence on the Occasion of Disorders due to


conflagration, Earthquakes, or other calamities(Art. 158,RPC)
Elements:
1.offender is a prisoner serving sentence and is confined in a penal institution;
2.he evades his sentence by leaving the institution;
3.he escapes on the occasion of a disorder due to conflagration, earthquake,
explosion, or similar catastrophe or mutiny in which he has not participated; and
4. He fails to give himself up to the authorities within 48 hours following the issuance
of proclamation by the Chief Executive regarding the passing away of the calamity.

ADMINISTRATIVE OFFENCES AS WELL AS CRIMINAL LIABILITY OF


JAIL/PRISON PERSONNEL IN CASE OF ESCAPE AND EVASION OF SENTENCE
D. Delay in the Delivery of detained Persons to the Proper Judicial
Authorities( Art. 125, RPC)
A felony committed by a public officer or employee who shall detain any person
for some legal ground and shall fail to deliver such person to the proper judicial
authorities with in the period of:

12 hours- for crimes or offenses punishable by light penalties;


18 hours- for crimes or offenses punishable by correctional offenses;
36 hours- for crimes or offenses punishable by afflictive or capital penalties.

The crime of arbitrary detention is committed when the detention of a person is


without legal ground. The legal grounds of detention are:
1.commission of a crime
2.violent insanity or other ailment requiring compulsory confinement.

E. Delivery of Prisoners from Jail (Art. 156, RPC) Elements:


1.the offender is a private individual
2.he removes a person confined 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.

F. Conniving with or Consenting to Evasion(art. 223)


Committed by a public officer who has the custody of the prisoner and who
helps a prisoner under his custody to escape.
Infidelity of Public Officers
1. Infidelity in the custody of Prisoners through Connivance (Art. 223,RPC) - A felony
committed by any public officer who shall consent to the escape of a prisoner in his
custody or charge.
G. Infidelity in the custody of Prisoners through Negligence(Art. 224)-

A felony committed by a public officer when the prisoner under his custody
or charge escaped through negligence on his part.

Other Offenses or Irregularities by Public Officers


1.Maltreatment of Prisoner ( Art.235, RPC)
Elements:
1.offender is a public officer or employee
2.he overdoes 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 or 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 is committed.
RELEASING OF OFFENDERS

Pre-Release Treatment of Offenders


It is a program specifically designed and given to a prisoner, during 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 life of a free individual.
Separation and Placement Center
An inmate shall, thirty (30) days before his scheduled date of release, be
transferred to the Separetion and Placement Center to prepare him for re-entry into free
society.
Pre-release seminar
All inmates eligible for release shall undergo a one-day seminar in preparation for
his life outside prison.

Leaves From Jail


Leaves from jail shall be allowed only on very meritorious cases, like the
following:
1. Death or serious illness of spouse, father, mother, brother or sister, children,
grandchild, and grandparent.
The inmate is allowed to view the remains of a deceased relative only if the
remains are within a 30 kilometer radius by road from the confinement facility and
the actual stay of the inmate to view the remains should not exceed three (3)
hours. May be granted even for more than 39-km provided inmate can return
during daylight hours of same day.
2. Inmate who are seriously ill/injured may be given leave for hospitalization or
medical attendance under proper escort.
However, leaves of detention prisoners shall require prior approval of the courts
having jurisdiction over them; provided, however, that in cases of life and death, the
Warden, on his own discretiom, may allow an inmate's hospitalization/medical
treatment.

Manner of Releasing Prisoners

A prisoner may be released by:


1. Service of sentence
2. Order of the court
3. Parole
4. Pardon
5. Amnesty
6. Any lawful order of competent authority

Note:
-if feasible, an inmate shall be notified of his release at least one week before the
date of such discharge
-No inmate shall be released on a mere verbal order or telephone

Release order
Shall bear the full name of inmate, the crime charged, the number of the case,
and such other details as will enable the releasing officer to properly identify the inmate
to be released.
Certificate of discharge- this shall be issued to the released inmate by the Warden or
jailer.

Who may Authorize Release?


A. Supreme court or lower courts, in cases of acquittal or grant of bail;
B. President of the Philippines, in cases of executive clemency or amnesty;
C. Board of Pardons and Parole, in parole cases; and
D. Director, upon the expiration of sentence of the inmate.

Alternatives to Jail Confinement


1.segregation of special offenders to other institutions
2.payment of fines
3.probation
4.bail
5.diversification
6.delayed sentence

You might also like

pFad - Phonifier reborn

Pfad - The Proxy pFad of © 2024 Garber Painting. All rights reserved.

Note: This service is not intended for secure transactions such as banking, social media, email, or purchasing. Use at your own risk. We assume no liability whatsoever for broken pages.


Alternative Proxies:

Alternative Proxy

pFad Proxy

pFad v3 Proxy

pFad v4 Proxy