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Therapeutic Modalities
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CA 3 Reviewer

Therapeutic Modalities
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© © All Rights Reserved
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LESSON 1: REVIEW ON RELATED TOPICS

Correction  Is the fourth pillar of the Criminal Justice System composed of two
major and equally significant components.
 Institution-Based Corrections (Institutional Corrections); and
Community-Based Corrections (Non-Institutional Corrections).

The three executive departments of the government. (Implementation)


1. Department of  Manages the national prisoners
Justice (DOJ)  Under the Bureau of Corrections (Bucor)
 With a penalty of 3years and 1 day above
 For the national penitentiaries
a. Bureau of With a principal task of the rehabilitation of prisoners so they can became useful
Corrections members of society upon completion of their task service of sentence.
(BUCOR)
b. Board of Recommends to the President the prisoners who are qualified for parole, pardon
pardons and or other forms of executive clemency in the form of reprieve, commutation of
Parole sentence, conditional pardon and absolute pardon.
(BPP)
c. Parole and  Conducts post-sentence investigation of petitioners for probation
Probation as referred by the courts, as well as pre-parole/pre-executive
Administration clemency investigation to determine the suitability of the
(PPA) offender to be reintegrated in the community instead of serving
their sentence inside an institution or prison;
 Exercise general supervision over all parolees and probationers
and promotes the correction and rehabilitation of offenders
outside the prison institution.
 Investigation/May sentensya/ Supervision of Probationer, parole,
and pardone

Probation  To serve sentence outside the


institution
Parole  To lessen burden
 To serve at least its minimum
sentence
Pardon  Absolute Pardon and Conditional
Pardon

NATIONAL PRISON/INSULAR PRISON


Maximum Security Prison New Bilibid Prison (NBP)
Medium Security Prison Camp Sampaguita
Minimum Security Prison Camp Bukang LIwayway
7 PENAL FARM
The BUCOR shall be in charge of safekeeping and instituting reformation
programs to national inmates sentenced to more than three (3) years through
progressive, effective, and efficient administration.
1. New Bilibid  Carcel y Presidio Correcional
Prisons  Muntinlupa City
2. Correctional  Mandaluyong City
Institution for
Women (CIW)
3. Iwahig Prison  Puerto Princesa City, Palawan
and Penal Farm
4. Davao Prison  Panabo, Davao Province
and Penal Farm
5. San Ramon  Zamboanga City
Prison and Penal  Known as the old prison in the Philippines
Farm
6. Sablayan Prison  Occidental Mindoro
and Penal Farm
7. Leyte Regional  Abuyog Leyte
Prison

2. Department of  Manages inmates who are undergoing investigation, awaiting or


the Interior and undergoing trial, awaiting final judgment and those who are
Local Government convicted by imprisonment of up to three (3) years.
(DILG)  Under the Bureau of Jail Management
a. Bureau of  Has jurisdiction over all municipal, city and district jail national
Jail wide.
Management and
Penology (BJMP) Municipal 1 day - 6  Is a facility or place of
City months confinement for inmates
whose sentenced ranging
from one(1) day to six (6)
months and for those who
are awaiting or undergoing
trial or waiting of judgment
of court.
City Jail 1 day - 3  Is a facility or place of
years confinement for inmates
whose sentenced ranging
from one (1) day to three
(3) years and for those who
awaiting or undergoing trial
or waiting for judgment of
the court.
District Jail 1 day - 3  Is a facility or place of
years confinement for inmates
coming from a city or
clustered municipalities who
are awaiting or undergoing
trial or serving sentence of a
term of one (1) day to three
(3) years.
LGU Governor
Provincial 6 months and  For the safekeeping of
Jail 1 day to 3 prisoners at the capital of
years each provinces
 It is under the supervision
and control of the provincial
governors, who is also
under the DILG
 A provincial ail is headed by
a PROVINCIAL
WARDENIWARDRESS duly
appointed by the Provincial
Governor.
 Is a facity or place of
confinement for inmates
whose sentence ranges
from six (6) months and one
(1) day to three (3) years,
and for those who are
awaiting or undergoing trial
or waiting of judgment of
court.

 BJMP was created to address growing concern of jail management


and penology problem. Primarily, its clients are detainees accused
before a court who are temporarily confined in all city, district and
municipal jails while undergoing investigation, waiting final
judgement and those who are serving sentence promulgated by
the 3 years and below.

1. RA 6975 "DILG of 1990" specifically chapter V 60-65


2. RA 9263 "BFP and BJMP Professionalization Act of 2004"
3. RA 9592 approved on May 08, 2009, "An act extending for
five (5) years the reglementary period for complying
with the minimum educational qualification and
appropriate eligibility in the BFP and BJMP".
b. Provincial  Operates all provincial jails
Local Government
c. Philippine  Maintains detention facilities in its different police stations
National Police nationwide.
(PNP)  Custodial facility (Commitment order)
Department of Manages sentenced youth offenders.
Social Welfare and
Development
(DSWD)
3. Local  With regard to the provincial and sub-provincial
government units
INTRODUCTION
Therapeutic  Assist the reformation given by the institutional and non-
Modalities institutional corrections
 Youth offender (DSWD)- bahaypagasa
Intervention  If there's no discernment in the child
 Mild (attend program and seminar)
Diversion  If there's discernment in the child
 More comprehensive
15 years and  Are automatic exempted from criminal liability
below  If the child is 18 if he committed a crime it will be penalized in the
BUCOR or BJMP
 If the child is 18 below
Correction  Is the fourth pillar of the Criminal Justice System charged with the
responsibility for the custody, supervision and rehabilitation of
convicted offenders. It is also defined as the STUDY OF JAIL
PRISON MANAGEMENT AND ADMINISTRATION as well as the
rehabilitation and n of criminals.
 It includes all government agencies, facilities, programs,
procedures, personnel, and techniques concerned with the
investigation, intake, custody, confinement, supervision, or
treatment of alleged offenders. Considered to be the weakest of
the Five Pillars namely Law Enforcement, Prosecution, Court,
Corrections and Community because of its inability to reform and
rehabilitate the convicted criminals.

Community-based  Is a supervised program dealing with the people who have been
correction convicted or are facing conviction. It is non-incarceration system
of correction.
 Community-based Corrections pertain to probation, parole,
pardon and other forms of executive clemencies. These are being
managed by the --

1. Parole and  PPA conducts a post sentence investigation of petitioners for


Probation probation as referred by the courts, as well as pre-parole/pre-
Administration executive clemency investigation for those referred by the Board
(PPA) of the DOJ of Pardons ana parole (another DOJ agency),
 to determine the suitability of the offender to be reintegrated in
the community instead of serving their sentence inside an
institution or prison. PPA further supervises probationers,
parolees and conditional pardonees to promote their
rehabilitation and reintegration to the mainstream of society. It
mobilizes the community resources, especially through volunteer
probation aides.
2. Board of  Is authorized by law to grant parole to qualified prisoners
Pardons and  It also recommends to the President of the Philippines the grant
Parole (BPP) of executive clemency in the form of reprieve, commutation of
sentence, conditional pardon and absolute pardon.
3. Department of  moreover assumes responsibility for the restorative part of the
Social Welfare and correction system by maintaining centers for te care and
Development restoration of youth and women who are in conflict with the law
Different Aspects or Versions of Community-Based Correction
1. Probation  It is a disposition under which a defendant after conviction of an
offense, the penalty of which does not exceed 6 years of
imprisonment, is released subject to the conditions imposed by
the releasing court and under the supervision of a probation
officer.
2. Diversion  For juvenile offender or CICL
3.  Money paid or services provided to victims, their survivors, or to
Restitution the community by a convicted offender to make up for the injury
inflicted.
4. Parole  It is the process of suspending the sentence of a convict after
having serve the minimum of his sentence vithout granting bim
pardon, and the prescribing term upon which the sentence shall
be suspended. PAROLE -"SHOCK PROBATION"
5. Executive  It shall refer to Absolute Pardon, Conditional Pardon with or
Clemency without Parole conditions and Commulatation of Sentence as may
be granted by the President of the Philippines upon the
recommendation of the BPP.

A. PARDON
1. Absolute Pardon  It refers to the total extinction of
the criminal liability of the
individual to whom it is granted
without any condition
whatsoever and restores to the
individual his civil rights and
remits the penalty imposed for
the particular offense of which
he was convicted.
2. Conditional  It refers to the exemption of an
Pardon individual, within certain limits or
conditions; from the punishment
that the law inflicts for the
offense he has committed
resulting in the partial extinction
of his criminal liability.

B. AMNESTY
A general pardon extended to a group of persons, such some
political offenders purposely to bring about the return of dissidents to
their home and to restore peace and order in the community.

C. COMMUTATION OF SENTENCE
An act of the president changing/ reducing a heavier sentence to a
lighter one or a longer term into a shorter term. It may alter death
sentence to life sentence or life sentence to a term of years. It does not
forgive the offender but merely to reduce the penalty pronounce by the
court.

D. REPRIEVE
A temporary stay of the execution of sentence especially the
execution of the death sentence. Generally, Reprieve is extended to
prisoners sentenced to death. The date of execution of sentenced is set
back several days to enable the Chief to study the petition of the
condemned man for commutation of sentenced or pardon.

PURPOSE OF COMMUNITY - BASED CORRECTION


Alternative to  Community based corrections are sanctions imposed on offenders
incarceration that allow them to remain in the community while participating in
one or more programs aimed at controlling future criminal
behavior.
Community re-  Community programs such as parole assists prisoners in
entry community re-entry after prison.
Community  It covers a wide variety of punishment imposed without removal
correction of the offender from his area of residence and employment, if
any. The crux of community corrections is supervision in the
community
 Treatment in the community is viewed as a viable alternative to
traditional correction practices.

First, it is significantly less expensive to supervise inmates in the


community than to house them in secure institutional facilities.

Second, community-based corrections are necessary if the prison system


is not to be overwhelmed by an influx of offenders.

Third, community-based treatment is designed so that first-time or non-


serious offenders can avoid the stigma and the pain of imprisonment and
be rehabilitated in the community.
REPUBLIC ACT No. 10707, November 26, 2015; AN ACT AMENDING
PRESIDENTIAL DECREE NO. 968, KNOWN AS THE "PROBATION LAW OF 1976", AS
AMENDED.
SEC. 4. Grant of Provided, That when a judgment of conviction imposing a non-probationable
Probation penally is appealed or reviewed, and such judgment is modified through the
imposition of a probationable penalty, the defendant shall be allowed to apply for
probation based on the modified decision before such decision becomes final. The
application for probation based on the modified decision shall be filed in the trial
court where the judgment of conviction imposing a non-probationable penalty
was rendered, or in the trial court where such case has since been re-raffled.
REPUBLIC ACT No. 10592, MAY 29 2013. Good Conduct Time Allowance
(GCTA)Law AN ACT AMENDING ART 29,94, 97, 98 AND 99 OF ACT NO. 3815 RPC,
AS AMENDED.
"ART. 97, Preventive imprisonment of any convicted prisoner in any penal institution,
Allowance for rehabilitation or detention center or any other local jail shall entitle him to the
good conduct. following deductions from the period of his sentence:

1. first 2 years of imprisonment, deduction of 20 days for each month of


good behavior during detention;
2. 3-5th year, reduction of 23 days;
3. until the 10th year, deduction of 25 days;
4. 11th and successive years of his imprisonment, deduction of 30 days; and
5. during the period of imprisonment, deduction of 15 days, for each month
of study, teaching or mentoring service time rendered.
ART. 99.Who Whenever lawfully justified;
grants time 1. the Director of the Bureau of Corrections,
allowances 2. the Chief of the Bureau of Jail. Management and Penology and/or
3. the Warden of a provincial, district, municipal or city jail Shall grant
allowances for good conduct. Such allowances once granted shall not be
revoked."
Lesson 2: Standard Treatment and Rehabilitation of Person Deprive of Liberty
A. Safety and
Orderly
Security it involves safety measures to maintain the orderliness and discipline within the
jail or prison.
Prison It is the state of good order and behavior. It includes maintenance of good
Discipline standards of works, sanitation, safety, educational, health and recreation. It aims
at self-reliance, self-control, self-respect and self-discipline.
Preventive is the prompt correction of minor deviations committed by prisoners before they
Discipline become serious violations.
Control It involves supervision of prisoners to ensure punctual and orderly movement
from one place work program or assignment to another.

Aims of Institutional Security and Control


1. Preventive of Escapes
2. Control of Contrabands
3. Maintenance of good order

Custody is the guarding or penal safekeeping, it involves security measures to ensure


security and control within the prison. The Prison Custodial Division carries it out.
The Prison Custodial Division is charged of all matters pertaining to the custody of
the Prisoners and security of the institution.
Essential Requisites for Sound Custody, Security and Control

1. Adequate system of classification of prisoners


2. Regular inspections
3. Adequate system of counting
4. Set of rules of control and safety precautions
5. Plan for the control of contraband and equipment's
6. Keying system
7. Emergency plans
Bureau of Jail
Management and
Penology
Disciplinary The board is tasked to implement discipline inside the jails just in case existing
Board rules and policies are violated.

COMPOSITION:
Chairman- assistant warden
Members- chief security officer, medical/ public health officer, social
worker/ rehabilitation officer

Functions of the Disciplinary Board


 The Warder tasks the Board to investigate the facts regarding the alleged
misconduct referred to it.
 It holds sessions as often as necessary misconduct referred to it.
 It holds sessions as often as necessary in a room that may be provided.
 All cases referred to it must be heard and decided within 48 hours from
the date of the receipt of the case.

The board is tasked to investigate the facts of the alleged misconduct referred to
it by the warden:
Authorized Disciplinary Penalties:
o Reprimand
o Temporary or permanent cancellation of some or all recreational
privileges
o Cancellation of visiting privileges
o Extra fatigue duty for sentenced inmates only
o Closed confinement
o Transfer to another facility with court coordination

Limitation of Punishment
o No female inmate is subjected to any disciplinary punishment which might
affect her unborn or nursing child.
o No impaired or handicapped inmates shall be meted out with punishment
o corporal and inhuman punishment is prohibited.
o Medical examination is required when solitary or extra fatigue
punishment is imposed.
o Jail physician may recommend termination of punishment on grounds of
physical or mental health.

Procedure in Hearing Disciplinary Cases


a. The aggrieved inmate shall inform any member of the custodial force of
the violation, the letter in turn, officially reports the matter to the desk
officer.
b. If one of the employees knows of the violation committed by the inmate,
a brief description of the circumstances surrounding or leading to the
reported violation and all facts relative to the case shall be made.
c. The desk officer shall simultaneously inform the warden station/
substation commander, as the case may be, and shall immediately cause
the investigation.
d. He shall submit to the warden his report together with his
recommendations.
e. The warden shall evaluate the report and if he believes that there is no
sufficient evidence to support the alleged violation, he shall dismiss the
case.
f. If he believes there exist sufficient evidence, he shall decide the case and
impose the necessary penalty in case of minor violation.
g. If the case is less grave or grave, he shall endorse it to the board for
hearing or decide it himself as a summary disciplinary officer if there is no
disciplinary board.
h. The inmate shall be confronted to the reported violation and ask how he
pleads to the charge.
i. If he admit the violation or pleads guilty, the board shall impose the
corresponding punishment.
j. If the inmate denies the charge, the hearing shall commence with the
presentation of evidence and other witnesses by the desk officer.
k. The inmate shall then be given the opportunity to defend himself by his
testimony and those of his witness, if any, and to present other evidence
to prove his innocence.
l. After the hearing, the board shall decide the case on the merits.
m. Whether the inmate is found guilty or not, he should be advised to obey
the rules and regulations strictly and reminded that the good behavior is
indispensable for his early release and or the granting of privileges.
n. Decision of the board/ summary disciplinary officer is subject to the
review and approval by the warden and / or the higher authority.
o. The inmate may request a review and approval by the and/ or the higher
authority.
p. The inmate may request a review on the findings of the board and the
propriety of the penalty to the central office, BJMP decision shall be final.
Punishable Acts
Minor  Selling or bartering with a fellow inmate (s) those items are not
Offenses classified as contraband.
 Rendering personal service to fellow inmates;
 Untidy or dirty personal appearance
 Littering or failing to maintain cleanliness and orderliness in his /
her quarters and / or surroundings
 Making frivolous or groundless complaints
 Taking the cudgels for or reporting complaints on behalf of other
inmates
 Late in formation during inmate headcount without justifiable
reason
 Willful waste of food
Less Grave  Failure to report for work detail of sentenced inmates without
Offenses sufficient justification
 Failure to render assistance to an injured personnel or inmate
 Failure to assist in putting out fires inside the jail
 Behaving improperly or acting boisterously during religious, social
and other group functions
 Swearing, cursing or using profane or defamatory language
directed at other persons
 Malingering or pretending to be sick to escape work assignment
 Spreading rumors or malicious intrigues to besmirch the honor of
any person, particularly BMJP personnel
 Failure to stand at attention and give due respect when
confronted by or reporting to any BJMP personnel
 Forcing fellow inmates to render personal service for him / her
and / or to others
 Exchanging uniforms or wearing clothes other than those issued
to him / her for the purpose of circumventing jail rules
 Loitering or being in an authorized place
 Using the telephone without authority from the Desk Officer /
Warden
 Writing, defacing, or drawing on walls, floors, or any furniture or
equipment
 Withholding information that may be inimical or prejudicial to the
jail administration
 Possession of lewd or pornographic literature and/or photographs
 Absence from the cell, brigade, place of work during a headcount,
or at any time without justifiable reason and
 Failure to turn over any implement/article issued after work detail
Grave Offenses  Making untruthful statement or lies in official communication,
transaction, or investigation.
 Keeping or concealing keys or locks of places in the jail where it is
off limits to offender.
 Giving gift, selling to, or bartering with jail personnel
 Keeping in his possession money, jewelry or other contraband
which the rules prohibit.
 Tattooing others or allowing himself to be tattooed, or keeping
any paraphernalia for tattooing.
 Forcibly taking or extracting money from fellow inmates.
 Punishing or inflicting injury upon himself or other inmates.
 Receiving, keeping, taking or imbedding liquor and other
prohibited drugs.
 Making , improvising or keeping any kind of deadly weapon.
 Concealing or withholding information on plans of attempted
escape.
 Unruly conduct and behavior and flagrant of discipline and
instructions.
 Helping, adding or abetting others to escape.
 Fighting causing any disturbance or participating there in and/ or
agitating to cause such disturbance or riot; and
 Indecent , immoral or lascivious acts which by himself or other
and/ or allowing to be subject of such indecent, immoral or
lascivious acts.
 Willful disobedience to lawful orders issued by an officer or
member of the custodial forces.
 Assaulting any officer or member of the custodial force.
 Damaging any government property or equipment.
 Participating in any kangaroo court, unauthorized or irregular
court conducted with disregard for or perversion of legal
proceeding of a mock court by offender in jail/ prison.
 Affiliating oneself to any gangs or faction whose main purpose is
to forment regionalism or to segregate them from others.
 Failing to inform the authorities concerned when afflicted with
any communicable disease
 Committing any act, which is in violation of any ordinance, in
which case he shall separately be prosecuted criminally in
accordance with law.
Plan for Escapes The following are the basic guidelines in dealing with jailbreaks:
or Jailbreaks  The control center shall immediately sound the alarm and inform the
warden in case of escape.
 At the first sound of the alarm, the inmates shall be locked in their
respective cells.
 All the first personnel, custodial and non-custodial force shall make
themselves available for deployment.
 Personnel who have inmates under their care shall remain on duty; take
their accounting at the time of the emergency.
 A simultaneous institution-wide count shall be made to determine the
numbers of inmates who escaped identities established.
 As soon as the identities of the escapees are established, it shall be
published and all police precincts be immediately notified.
 Radio and television stations should be immediately notified.
 Recovery teams shall be sent out to all known liars, hangouts.
 In case of mass jailbreaks, all the members of the custodial force shall
issue firearms and resigned to critical post to block the escape routes.
 If an officer is held hostage, reasonable caution should be made to ensure
his/ her safety.
 If the warden is held hostage, for all intents and purposes he ceases to
exercise authority and the next in command shall take the action.
 Maximum force shall be deployed for escapes found holding on in an area
to pressure them to surrender and avert their movements and an
investigation shall commence thereafter.
Commitment and A person can be committed to jail only upon the issuance of an appropriate order
Classification of by a competent court or authority so mandated under Philippine laws. This Rule
Prisoners and enumerates courts and authorities, and classifies inmates according to the
Detainees conditions for their commitment.
Commitment means entrusting for the confinement of an inmate to a jail by a competent court
or authority, for the purposes of safekeeping during the pendency of his/her case.
Commitment and Classification of Prisoners and Detainees
Courts and other Entities Authorized to Commit a Person to Jail- The
following (courts and entities) are authorized to commit a person to jail:
o Supreme Court;
o Court of Appeals;
o Sandiganbayan;
o Regional Trial Court;
o Metropolitan/Municipal Trial Court;
o Municipal Circuit Trial Court;
o Congress of the Philippines; and
o All other administrative bodies or persons authorized by law to arrest and
commit a person to jail.
Classification  refers to assigning or to grouping of inmates according to their
respective penalty, gender, age, nationality, health, criminal
records, etc.
Categories of inmates -The two (2) general categories of inmates are:
Prisoner  inmate who is convicted by final judgment; and
Detainee  inmate who is undergoing investigation/trial or awaiting final
judgment.
Classification of prisoners - The four (4) main classes of prisoners are:
Insular  one who is sentenced to a prison term of three (3) years and one
Prisoner (1) day to reclusion perpetua or life imprisonment;
Provincial  one who is sentenced to a prison term of six (6) months and one
Prisoner (1) day to three (3) years;
City Prisoner  one who is sentenced to a prison term of one (1) day to three (3)
years; and
Municipal  one who is sentenced to a prison term of one (1) day to six (6)
Prisoner months.
Classification of detainees - The three (3) classes of detainees are those:
a. Undergoing investigation;
b. Awaiting or undergoing trial; and
c. Awaiting final judgment.
Inmates Security Classification -The following are the classifications of inmates
according to security risk each may pose:
a. High Profile  those who require increased security based on intense media
Inmate coverage or public concern as a result of their offense such as but
not limited to those who have been involved in a highly
controversial or sensationalized crime or those who became
prominent for being a politician, government official, multi-million
entrepreneur, religious or cause-oriented group leader and movie
or television personality.
b. High Risk  those who are considered highly dangerous and who require a
Inmate greater degree of security, control and supervision because of
their deemed capability of escape, of being rescued, and their
ability to launch or spearhead acts of violence inside the jail. This
includes those charged with heinous crimes such as murder,
kidnapping for ransom, economic sabotage, syndicated or
organized crimes, etc. Also included are inmates with military or
police trainings or those whose life is in danger or under imminent
threat.
c. High Value  a target, either a resource or a person, who may either be an
Target (HVT) enemy combatant, high ranking official or a civilian in danger of
capture or death, typically in possession of critical intelligence,
data, or authority marked as an objective for a mission and which
a commander requires for the successful completion of the same.
d. Security Threat  any formal or informal ongoing inmates’ group, gang, organization
Group or association consisting of three or more members falling into
one of the following basic categories: street gangs, prison gangs,
outlaw gangs, traditional organized crime, aboriginal gangs,
subversive groups and terrorist organizations.
e. Subversive  a group of persons that adopts or advocates subversive principles
Group or policies tending to overthrow or undermine an established
government.
f. Terrorist Group  a group of persons that commits any of the following: piracy and
mutiny in the high seas or in the Philippine waters, rebellion or
insurrection, coup d’état, murder, kidnapping and serious illegal
detention, crimes involving destruction, arson, hijacking, violation
of laws on toxic substances and hazardous and nuclear waste
control, violations of atomic energy regulations, anti-piracy and
antihighway robbery, illegal and unlawful possession,
manufacture, dealing in, acquisition or disposition of firearms,
ammunitions or explosives.
g. Violent  a person whose political or religious ideologies are considered far
Extremist outside the mainstream attitudes of the society or who violates
Offender (VEO) common moral standards and who has adopted an increasingly
extreme ideals and aspirations resorting to the employment of
violence in the furtherance of his/her beliefs.
h. Medium Risk  those who represent a moderate risk to the public and staff.
Inmates These inmates still require greater security, control and
supervision as they might escape from and might commit violence
inside the jail.
i. Minimum Risk  those inmates who have lesser tendencies to commit offenses
Inmates (Ordinary and generally pose the least risk to public safety. In most cases,
Inmates) they may be first time offenders and are charged with light
offenses.
LESSON 3: PDLSs Admission process and procedures in the BJMP, Provincial Jails
and BUCOR
As per BJMP Comprehensive Operations Manual 2015 Edition
1. Commitment
2. Reception
3. Classification
4. Disciplinary Procedures
5. Release
1. COMMITMENT  Means entrusting for the confinement of a PDL to a jail by a
competent court or authority, for the purposes of safekeeping
during the pendency of his/her case.
 The following (courts and entities) are authorized to commit a
person to jail:
a. Supreme Court,
b. Court of Appeals;
c. Sandiganbayan;
d. Regional Trial Court;
e. Metropolitan/Municipal Trial Court,
f. Municipal Circuit Trial Court;
g. Congress of the Philippines; and
h. All other administrative bodies or persons authorized by law to
arrest and commit a
person to jail.
2. RECEPTION A decent and humane program of confinement starts with a systematic reception
PROCEDURES of inmates for commitment to the BJMP's jail facilities.
a. Gater  Checks the credentials documents before the person bringing an
inmate/the committing officer is allowed to enter the facility. The
documents mentioned earlier refer to the:
1. Commitment Order;
2. Medical Certificate - recent medical certificate taken within 24
hours prior to admission;
3. Complaint/Information;
4. Police Booking Sheet; and
5. Certificate of Detention from PNP and/or NBI.
b. Records  This unit examines the completeness and authenticity of the
Unit requirements for Commitment before it refers for physical
examination by the Health Unit.
c. Health a. Checks the authenticity of the entries in the medical, certificate;
Unit conducts thorough physical examination of the PDL to determine
his or her true physical condition;
b. and asks searching questions to determine injury/injuries found to
have been sustained by foe PDL after the conduct of medical
examination or those injuries not diagnosed prior to commitment
in jail.
c. PDL is required to undress while undergoing medical examination.
d. A female PDL shall be examined by female health personnel.
e. female POL may be examined by either male or female health
personnel;
d. Records 1. Start the booking procedures:
Unit a. Accomplish the jail booking sheet;
b. Strip-search the inmate to check for any birth marks, tattoos, etc;
c. Encode the inmate's information to the NIMS,
d. Fingerprint and photograph the inmate with mug shot background; and
e. List the names of the visitors authorized by the inmate.

2. Apprise the inmate in a dialect that he/she understands of the provisions of Art
29 of the RPC as amended by R.A. 10592;

3. Facilitate the signing of the Detainee's Manifestation if he/she agrees to abide


by the same disciplinary rules imposed upon convicted inmates. Otherwise, the
Warden issues a certification under oath manifesting that the inmate was
apprised of the provision of Art 29 of the RPG-as amended and refused to abide
by the same; and

4. Store all documents in the PDL's Carpeta.

e. Property 1. Checks the PDL's belongings for presence of contraband. Discovery of any
Custodian contraband shall be treated in accordance with existing policies.
2. Takes all cash and other personal properties, list them down on a receipt form
with duplicate, duly signed by him/her and countersigned by the PDL. The original
receipt should be given to the PDL and the duplicate be kept by the Property
Custodian.
3. Keeps all cash and other valuables of the PDL in a safety vault. Said cash and
valuables may be turned over to any person authorized by the inmate.
4. Refers the PDL to the desk officer.
f. Desk  Books the newly committed PDL in the jail blotter;
Officer  Assigns the PDL to a reception area, if any, where he/she shall be
scheduled for orientation on jail rules and regulation, and shall
undergo risk assessment and classification, evaluation and
conduct of further medical evaluation/screening by the medical
Officer.
j. Jail Coordinates with concerned agencies regarding the case of PDL for speedy
Warden disposition and to furnish them with copies of the available needed documents.
3. CLASSIFICATION CLASSIFICATION BOARD
 Chairperson -Assistant Warden;
 Members -Chief Custodial/Security Office, Medical Officer/Public Health
Officer,
 Jail Chaplain & Inmates Welfare and Development Officer.

 Tasked to conduct background investigation of inmates to determine the


cell assignment, the appropriate rehabilitative program, the type of
supervision and degree of custody and restrictions applicable to the
inmate/s.
CLASSIFICATION PROCESS
a. Admission of  After registration process; he/she will be temporarily housed at
Inmate the Inmate Classification and Counseling Unit (ICCU) for a
minimum period of thirty (30) days but not exceeding sixty (60)
days or until the completion of the classification process At the
ICCU, the newly committed inmate will 'undergo assessment by
the different health professionals.
a. Medical Examination
b. Dental Examination
c. Psychological Examination
d. Social Case Study
e. Risk Assessment
f. Psychiatric Evaluation
g. Case Management
h. Inmate Orientation and Counseling
i. Inmate Evaluation and Classification
j. Proper Cell Assignment and Development Plans
k. Monitoring
4. DISCIPLINARY  Chairperson - Assistant Warden;
BOARD  Members - Chief Custodial/Security Office,
 Medical officer/Public Health Officer,
 Jail Chaplain,
 Inmates Welfare and Development Officer & Inmates'
Representative.

 Tasked to investigate the facts of an alleged misconduct referred


to it within forty-eight (48) hours from the date of receipt of the
case.

AUTHORIZED DISCIPLINARY ACTIONS/MEASURES FOR PDL


 Admonition or verbal reprimand;
 Restitution or reparation;
 Temporary or permanent cancellation of all or some recreational
privileges;
 Reduction of visiting time;
 Close confinement in a cell tor a period not exceeding seven (7)
days in any calendar month, provided that this disciplinary action
shall be imposed only in the case of an incorrigible inmate, and
when other disciplinary measures had been proven ineffective;
and
 Transfer to another BJMP jail in the area, in coordination with the
Court.
 Suspension of visiting privileges for a period not exceeding one
(1)month, provided that this sanction shall not apply to the
lawyer, physician or religious minister serving the needs of the
prisoner.
 Permanent cancellation of visiting privileges with respect to
persons not included in the definition of immediate family under
RA 7438,provided that this sanction shall not apply to the lawyer,
physician or religious minister serving the needs of the prisoner.

In addition to the above-mentioned punishment, the disciplinary board


may recommend to the warden partial or full forfeiture of good conduct
time allowance (GCTA) to be earned for a particular month and
subsequent months depending upon the gravity of the offense.
5. MODE AND 1.An inmate may be released through:
GUIDELINES FOR a. Service of sentence;
RELEASE b. Order of the Court;
c. Parole;
d. Pardon; and
e. Amnesty.
2. Before an inmate is released, he/she shall be properly identified to ensure that
he/she is the same person received and is subject of release.
3. No inmate shall be released on a mere verbal order or an order relayed via
telephone. The release of an inmate by reason of acquittal, dismissal of case,
payment of fines and/or indemnity, or filing of bond, shall take effect only upon
receipt of the release order served by the court process server.
PROCEDURE ON RELEASING
a. Desk officer  Upon receipt of release order, the desk officer shall coordinate
with the paralegal officer for verification of the authenticity of
said order.
b. Paralegal  Verifies the authenticity of the release order.
Officer
c. a. Starts processing inmate's release.
Records/Admin b. Checks inmate records to ensure that the data in the release order coincide
Officer with the data in the inmate's carpeta (spelling of name, offense, Criminal Case
Number, etc.).
c. Checks that the inmate has no other pending case/s.
d. Routes the release paper to different signatories.
d. Property a. Checks on the receipt of property and returns to the inmate his/her deposited
Custodian items; and,
b. Makes sure that returned items of the inmate are duly received and properly
recorded.
e. Desk Officer  Records the release of inmate and the condition of the inmate
upon his/her release.
f. Jail Warden  Reports to concerned agencies/persons the release of inmate for
aftercare program. Upon release of the inmate, the warden shall
notify the following agencies/persons:
 Barangay Captain - mandatory
 Priest or religious minister - mandatory
 Family -if release is not witnessed by immediate family
 Court-in case of convicted inmate
As per BuCor Operating Manual
1. Reception and Diagnostic
2. Admission
3. Classification
4. Confinement and Accommodation
Revised  The State shall provide for the modernization, professionalization
Implementing and restructuring of the Bureau of Corrections by. upgrading its
Rules And facilities, increasing the number of its personnel, upgrading tie
Regulations Of level of qualifications of their personnel and standardizing their
Republic Act No. base pay, retirement and other benefits, making it at par with that
10575, of the Bureau of Jail Management and Penology(BJMP), and
"The Bureau Of maximization of land use development for the agency's
Corrections Act Of sustainability.
2013"
The BUCOR shall operate with a directorial structure.
 It shall undertake reception of inmates through its Directorate for
Reception and Diagnostics (DRD), formerly Reception and
Diagnostic Center(RDC).
 provide their basic needs and security through its Security and
Operations Directorates.
 administer their reformation programs through its Reformation
Directorates.
 prepare inmates for reintegration to mainstream society through
its Directorate for External Relations (DER), formerly External
Relations Division (ERD).

1. Reception Committed inmates shall be admitted to BuCor through DRD in the following
institutional procedure:
1. Admission of Prisoners
 The BuCor, through its penal establishments, shall receive
prisoners from competent authority upon presentation of the
following documents: Mittimus/Commitment Order of the
Court, Information and Court Decision in the case, Certification
'of Detention, Certification of No Pending Case, Certification of
Non-Appeal, and Provincial Form 35 /Inmate Data Sheet.
2. A female offender shall be received only at the CIW.
3. All prisons and penal farms are also authorized to receive directly from
courts convicted prisoners in consonance with the Supreme Court Circular
No.63-97 dated October 6,1997.

1. Diagnostics  The core diagnostics objective is to determine an inmate's


"Reformability."These classification activities shall serve as
reference of the DRD in the preparation of individual inmate
reformation treatment programs and inmate group reformation
treatment programs.
Assignment of  After the quarantine period for at least five (5) days, the inmate
Inmate shall remain in the Reception and Diagnostic Center for a period
not exceeding fifty-five (55) days where he shall undergo
psychiatric, psychological, sociological, vocational, educational
and religious, and other examinations. The results of said
examinations shall be the basis for the inmate's individualized
treatment program. Thereafter, he shall be assigned to a prison
facility as may be recommended by the chief of the Reception and
Diagnostic Center. Thereafter, he shall be assigned to a prison
facility as may be recommended by the Chief of the Reception and
Diagnostic Center.
Inmate  The Reception and Diagnostic Center shall keep a complete record
Record of an inmate which shall include the inmate's personal
circumstances; a brief personal, social and occupational history;
the result of the intake interview; and initial security classification.
Carpeta  refers to the institutional record of. an inmate which consists of
his mittimus commitment order, the prosecutor's information and
the decision of the trial court, including that of the appellate
court, if any,
Prison Record  refers to information concerning an inmate's personal
circumstances, the offense he committed, the sentence imposed,
the criminal case numbers in the trial and appellate courts, the
date he commenced service for sentence, the date he was
received for confinement, the date of expiration of his sentence,
the number of previous convictions, if any, and his behavior or
conduct while in prison.
2. Classification Inmates shall undergo on the following classification upon admission up to their
release:
 Pre-Admission Classification at DRD,
 Re-Classification for Reformation Programs while serving sentence,
 Pre-Release Classification at DER,
 Security Classification while serving sentence (by length of sentence and
by crimes committed), and
 Safekeeping Classification while serving sentence (by health condition, age
bracket, and gender).
Classification Of PDL As To Security Risk
a. Minimum  Are regarded as highly dangerous and high security risk inmates.
security inmates Included in this category are:
 Those sentenced to death,
 Those whose minimum sentence is twenty (20Jyeers.
 Remand inmates or detainees whose sentence is twenty
(20) years and above and those whose sentenced are
under review by the SC or CA
 Those with pending case;
 Recidivists, habitual delinquents and escapees;
 Those confined at the Reception and Diagnostic Center,",
Those under disciplinary punishment or safekeeping; and
make them dangerous to fellow inmates or the prison
staff.

b. Medium Are those who cannot be trusted in less secure areas and those whose conduct or
Security Inmates behaviors require minimum supervision include in this category are:
 Those whose minimum sentence is less than twenty (20yyears
imprisonment;
 Remand inmates or detainees whose sentences are below twenty (20)
years;
 Those who have two or more records of escapes. They can be classified as
medium security inmates if they have served eight (8) years since they
were recommitted. Those with one (1)record of escape must serve five (5)
years; and
 Firs offenders sentenced to lt imprisonment. They may be classified as
medium security if they have served five years in a maximum security
prison or less, upon the recommendation of the Superintendent
c. Minimum Are those who can be reasonably trusted to serve their sentence under less
Security Inmates restricted conditions. Included in this category are:
 Those with a severe physical handicap as certified by the chief medical
officer of the prison;
 Those who are sixty-five (65) years old and above, without pending case
and whose
 convictions are not on appeal,
 Those who have served one-half (1/2) of their minimum sentence or one-
third (1/3) of their
 maximum sentence, excluding Good Conduct Time Allowance (GCTA); and
 Those who have only six months more to serve before the expiration of
their maximum
 sentence.
Classification Of PDL As To Entitlement of Privileges
Third class  Third class inmate is the one who has either been previously
inmate committed for three (3) or more times as a sentenced inmate.
Second class  Is a newly arrived inmate, or an inmate demoted from first class
inmate or one promoted from third class;
First class  Is one whose known character and credit for work while in
inmate detention earned assignment to this class upon commencement
of sentence, or one who has been promoted from second class
inmate.
d. Colonist  One whose known character and credit for work while serving
time eared an assignment on trust basis for more than one year
One who has served imprisonment with good conduct for a
period equivalent to one fifth of the maximum term of his prison
sentence or, in the case of one who is serving a life sentence,
seven years.
3. Privileges  credit of an additional GCTA of 5 days for each calendar month
while he retains said classification aside from the regular GCTA;
 Automatic reduction of the life sentence imposed to a sentence of
thirty (30) years;
 Subject to the approval of the Director, to nave his wife and
children, or the woman he desires to marry, live with him in the
prison and penal farm.
 as a special reward, the issuance of a reasonable amount of
clothing and ordinary household supplies from the government
commissary in addition to free subsistence; e. To wear civilian
clothes on special occasions.
Separate Facilities To house inmates under the following categories: a. Finally sentenced inmates;
 Death convicts,
 inmates who, by reason of their criminal record, are likely to exercise a
negative influence on other inmates, d. Detainees;
 Youth offenders or those below eighteen years of age;
 First Offenders,
 Habitual Delinquents, recidivists, escapees,
 Infirm, aged, invalids and other finally convicted inmates whose physical
condition seriously
 impairs their mobility,
 Those suffering from mental disease or abnormality, including sexual
deviates;
 Female offenders,
 Drug dependents;
 Foreign Nationals, and
 Members of cultural minorities.
LESSON 4: Treatment Programs and Rehabilitation of Different Confinement
Facilities
BJMP Major Programs
1. Inmates Custody, Security And Control Program
2. Inmates Welfare And Development Program
3. Decongestion Program
4. Good Governance
A. Provisions of  All PDL under custody are provided with three (3) meals
Basic Needs (breakfast, lunch and supper).
 Adequate supply of potable water is made available to them at all
times. Likewise, upon admission, each PDL is issued his or her PDL
uniform consisting of the yellow shirt and brown jogging pants.
 Hygiene kits are also distributed to the PDL on monthly or
quarterly basis. Occasionally, the provision of basic needs for the
PDL is supplemented by the food and non-food donations from
local government units, nongovernment organizations, business
sector and private individuals.
B. Health Services  Health services for PDL consist of interventions towards the
prevention, promotion, treatment of illnesses and rehabilitation.
 All PDL undergo medical assessment upon admission. During
confinement, PDL are provided with health education and
counseling, medical consultations, regular health monitoring, and
provided medicines subject to availability.
 To maintain the physical health of PDL, they are allowed daily
sunning and physical exercises.
C. Educational  The educational program aims to provide opportunities for PDL to
Program achieve mandatory education.
 For this reason, BJMP adopted the Alternative Learning System
(ALS) of the Department of Education for the PDL to earn their
elementary and high school diplomas. Teachers in the jail-based
ALS are BJMP Personnel who are professional teachers and
trained on the Instructional Method for ALS.
 In jails where there are no personnel trained to handle ALS
classes, the ALS teachers would be coming from the Department
of Education. All PDL enrolled in the ALS earn their respective
Time Allowance for Teaching, Studying and Mentoring (TASTM)
pursuant to RA 10592.
D. Skills Training/  The objective of the skills training program is to equip the PDL
Enhancement with technical/vocational skills which they can use in seeking
Program employment or starting their own business after release from
confinement.
 To make the PDL as competitive as other potential job seekers,
the skills trainings preferred are those accredited by the Technical
Education and Skills Development Authority (TESDA) so that the
PDL will be able to earn National Certifications.
E. Livelihood  The livelihood program presents income-generating activities to
Program PDL during their confinement where they are able to earn for
their personal upkeep and for financial support to their families.
 The capital for the livelihood project are either from BJMP for
BJMP-funded projects or from the common fund of a group of
PDL for non-BJMP funded projects. The jail unit Welfare and
Development Officer (UWDO) facilitates the sale of the products
in display centers or livelihood caravans organized by the local
government units and other service providers.
F. Behavioral  BJMP implements the Therapeutic Community Modality Program
Management/ (TCMP) to manage and modify behaviors of PDL with the goal of
Modification positively changing their thinking and behavior through structured
Program group processes.
 The program endeavors to teach and model positive thinking, pro-
social
 values, good decision-making, and positive coping. Through the
program, PDL are trained on socially acceptable ways of
behaving and relating with their fellow PDL and with personnel
and visitors thereby fostering a therapeutic jail environment and
maintaining a peaceful communal atmosphere.
G. Interfaith  PDL are provided with the opportunity to practice their faith while
Program under custody without discrimination, subject only to usual safety
and security measures.
 The BJMP chaplains and imams provide different religious
services such as but not limited to mass celebrations, communal
prayers, spiritual counseling, catechism, and others. Religious
organizations and their respective ministers/pastors and leaders
are accredited by BJMP to facilitate their regular contact with PDL
for the provision of religious services.
H. Cultural and  The cultural program aims to promote camaraderie among PDL,
Sports Program encourage the development of self-confidence and sharing of
cultural talents as form of positive entertainment.
 Cultural activities allowed in jails include dance, singing,
theatre/drama, and art workshops. Also, through this program,
PDL experience some sense of social normalcy through the
communal celebrations of socio-cultural events like birthdays,
Valentine’s Day, Mothers’ and Fathers’ Day, Christmas, Lent and
Easter, Ramadan, local festivals and other similar activities.
I. Paralegal  The main objective of the Paralegal Program is to address the
Program overcrowding in jail facilities.
 Through the paralegal program, PDL are assisted in availing of the
different early modes of release. Regional and jail paralegal
officers conduct continuous informative seminars/orientations to
PDL on their rights, modes of early release, and other
paralegal/legal remedies which can be availed of by them.
J. E-Dalaw  The E-DALAW service is an alternative to the traditional face-to-
Program face visitation between PDL and respective families. This service
enables the PDL to connect with his/her family through a
supervised video call and chat.
 The program is conceptualized specifically to cater to PDL whose
family members cannot go to the jail for actual visit because of
the long distance to the jail from the residence or workplace of
the family members. However, in case of jail lockdown by reason
of public health emergency where visitation is suspended, all
PDL are allowed to use the e-dalaw to communicate with their
families on equitable rotation basis.
BJMP Support Services
A. Human Rights  Every jail facility operates a 24-hour Human Rights Desk handled
Desks by a designated Human Rights Affairs Officer.
 The main function of the Human Rights Desk is to receive
complaints concerning human rights violations from PDL and
visitors and to report the complaints thru the appropriate
reporting system to the concerned BJMP offices and to the
Commission on Human Rights for investigation and appropriate
action.
B. Help Desk  In line with the government’s policy of providing timely and
speedy access to government services, each jail facility has
established its own Help Desk managed by a designated Held Desk
Officer.
 The Help Desk functions as a referral unit where PDL and visitors
can lodge their request for assistance concerning personal or
family needs.
C. Referrals for  Although BJMP recognizes the importance of aftercare program
Aftercare for PDL to be released for them to start a new, it is limited only to
providing welfare and developmental programs to PDL while they
are in custody. Nevertheless, to ensure continuity of care of PDL
upon release, the jail unit Welfare and Development Officer
facilitate referrals to different community resources.
 These referrals addressed to the local government units, non-
government organizations and the business sector usually include
but not limited to seeking immediate financial assistance for
PDL’s repatriation, employment/livelihood assistance,
educational/vocational training scholarships, medical and
psychological interventions.
BJMP Special Program for Vulnerable Groups
A. Services for  Pregnant PDL, by reason of their medical condition, are given
Pregnant PDL special attention by the jail nurses to ensure compliance to pre-
natal and post-natal care, timely provision of other pregnancy-
related needs, and assistance for the care of the newborn until
the latter is endorsed to the immediate family or accredited child-
caring agency.
B. Services for  In addition to implementing measures to protect the senior citizen
Senior Citizen PDL PDL and PDL with disabilities from discrimination and establishing
and PDL with functional priority lanes for them, the primary policy is to link
Disabilities them to the local Office of Senior Citizen Affairs Office (OSCA) and
Person with Disability Affairs Office (PDAO) for the acquisition of
their respective Identification Cards. The respective identification
cards issued by the local government unit are the PDL’s access key
to the different services for senior citizens and persons with
disabilities mandated by the Senior Citizen’s Act and Magna Carta
for Persons with Disabilities.
C. Services for PDL  PDL who are members of the LGBT community maybe segregated
with other Special from the general population in terms of housing to prevent
Needs potential mistreatments towards them by reason of their gender
expression and other vulnerabilities. Nevertheless, they receive
the same programs and services provided to the general
population and they are encouraged to participate fully in the
socio-cultural activities of the jail.
D. Mental Health  In general, preventive mental health aimed at reducing incidence
Services of mental health disorders and developing positive coping
mechanisms are provided to all PDL. Preventive mental health
interventions include informative seminars on stress
management, psycho-educational counseling and other
supportive psychological group activities. Likewise, psycho-social
support services or stress debriefing to address trauma are
facilitated for PDL after the occurrence of untoward jail incidents
or in the aftermath of devastating calamities directly affecting the
PDL.
E. Drug Counseling  PDL with substance use disorder or have history of illegal drug use
for PDL with and who were granted plea bargaining under A.M. No. 18-03-16
Substance Use SC, are provided with drug counseling using the Katatagan Kontra
Disorder Droga sa Komunidad (KKDK) approach. The KKDK is a psycho-
educational drug counseling program developed consisting of
twenty-four (24) modules: eighteen (18) modules to be completed
by the PDL in a small group setting with fellow PDL and six (6)
family modules to be participated by the PDL’s family. The drug
counseling runs for maximum duration of four (4) months.
The circumferential reformation programs which will be institutionalized by
BuCor for the inmates shall be comprised of the following:

1. Moral and Spiritual Program.


2. Education and Training Program.
3. Work and Livelihood Program.
4. Sports and Recreation Program.
5. Health and Welfare Program.
6. Behavior Modification Program.
1. Moral and  This refers to the moral and spiritual values-formation of inmates
Spiritual Program. which shall be institutionalized by the Directorate for Moral and
Spiritual Welfare (DMSW), which include the practice of one’s
religion and beliefs. Participating Religious Volunteer
Organizations (RVO) and individuals shall be regulated and
managed by DMSW.
2. Education and  This refers to the administration of formal and non-formal
Training Program education, and skills development of inmates which shall be
institutionalized by the Directorate for Education and Training
(DET). Participating volunteer teachers, professors, instructors,
and trainers shall be regulated and managed by DET.
3. Work and  This refers to the administration of skills development programs
Livelihood on work and livelihood to achieve self-sufficiency of inmates in
Program. the prison community and for income generation of the agency.
This shall be institutionalized by the Directorate for Work and
Livelihood (DWL). Volunteer participating agencies, Non-
Government Organizations and individuals shall be regulated and
managed by DWL.
4. Sports and  This refers to the administration of physical and recreational
Recreation engagement to achieve mental alertness and physical agility in the
Program. spirit of sportsmanship. This shall be institutionalized by the
Directorate for Sports and Recreation (DSR). Volunteer
participating agencies, Non-Government Organizations and
individuals shall be regulated and managed by DSR.
5. Health and  This refers to the administration of proper nutrition, hygiene,
Welfare Program sanitation, cleanliness and promotion of good health to inmates.
This also includes appropriate provision of medical care or
hospitalization of the sick, mentally impaired, old aged, and
disabled inmates. This shall be institutionalized by the Directorate
for Health and Welfare Services (DHWS). Volunteer participating
agencies, Non-Government Organizations and individuals shall be
regulated and managed by DHWS.
6. Behavior  This refers to the administration of programs for the character
Modification formation of an inmate necessary for effective interpersonal
Program. relationship in the prison community. This program also includes
Therapeutic Community. This shall be institutionalized by the
Directorate for Behavior Modification (DBM). Volunteer
participating agencies, Non-Government Organizations and
individuals shall be regulated and managed by DBM.

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