RULE II COMMITMENT AND CLASSIFICATION OF PRISONERS AND DETAINEES Section 18.

CLASSIFICATION OF DETAINEES- The three (3) classes of

A person can be committed to jail only upon the issuance of an appropriate detainees are those:
order by a competent court or authority so mandated under Philippine laws. a. undergoing investigation;
This Rule enumerates courts and authorities, and classifies inmates b. Awaiting or undergoing trial; and
according to the conditions for their commitment. c. Awaiting final judgment.
Section 13. COMMITMENT- means entrusting for the confinement of an Section 19. INMATES SECURITY CLASSIFICATION-The following are the
inmate to a jail by a competent court or authority, for the purposes of classifications of inmates according to security risk each may pose:
safekeeping during the pendency of his/her case. a. High Profile Inmate- those who require increased security based on
Section 14.COURTS AND OTHER ENTITIES AUTHORIZED TO COMMIT A intense media coverage or public concern as a result of their offense such as
PERSON TO JAIL- The following (courts and entities) are authorized to but not limited to those who have been involved in a highly controversial or
commit a person to jail: sensationalized crime or those who became prominent for being a politician,
a. Supreme Court; government official, multi-million entrepreneur, religious or cause-oriented
b.Court of Appeals; group leader and movie or television personality.
c. Sandiganbayan; b. High Risk Inmate- those who are considered highly dangerous and who
d. Regional Trial Court; require a greater degree of security, control and supervision because of their
e. Metropolitan/Municipal Trial Court; deemed capability of escape, of being rescued, and their ability to launch or
f. Municipal Circuit Trial Court; spearhead acts of violence inside the jail. This includes those charged with
g. Congress of the Philippines; and heinous crimes such as murder, kidnapping for ransom, economic sabotage,
h. All other administrative bodies or persons authorized by law to arrest and syndicated or organized crimes, etc. Also included are inmates with military
commit a person to jail. or police trainings or those whose life is in danger or under imminent threat.
Section 15.CLASSIFICATION- refers to assigning or to grouping of inmates c. High Value Target (HVT)- a target, either a resource or a person, who may
according to their respective penalty, gender, age, nationality, health, either be an enemy combatant, high ranking official or a civilian in danger of
criminal records, etc. capture or death, typically in possession of critical intelligence, data, or
Section 16.CATEGORIES OF INMATES-The two (2) general categories of authority marked as an objective for a mission and which a commander
inmates are: requires for the successful completion of the same.
a.Prisoner- inmate who is convicted by final judgment; and d. Security Threat Group- any formal or informal ongoing inmates' group,
b. Detainee- inmate who is undergoing investigation/trial or awaiting final gang, organization or association consisting of three or more members
judgment. falling into one of the following basic categories: street gangs, prison gangs,
Section 17. CLASSIFICATION OF PRISONERS- The four (4) main classes of outlaw gangs, traditional organized crime, aboriginal gangs, subversive
prisoners are: groups and terrorist organizations.
a. Insular Prisoner- one who is sentenced to a prison term of three (3) years e. Subversive Group- a group of persons that adopts or advocates subversive
and one (1) day to reclusion perpetua or life imprisonment; principles or policies tending to overthrow or undermine an established
b. Provincial Prisoner- one who is sentenced to a prison term of six (6) government.
months and one (1) day to three (3) years; f. Terrorist Group- a group of persons that commits any of the following:
c. City Prisoner- one who is sentenced to a prison term of one (1) day to piracy and mutiny in the high seas or in the Philippine waters, rebellion or
three (3) years; and d. Municipal Prisoner- one who is sentenced to a prison insurrection, coup d'état, murder, kidnapping andserious illegal detention,
term of one (1) day to six (6) months. crimes involving destruction, arson, hijacking, violation of laws on toxic
substances and hazardous and nuclear waste control, violations of atomic custodial and rehabilitative regimens he/she must undergo during
energy regulations, anti- piracy and anti-highway robbery, illegal and confinement and perhaps, to some extent, affect his/her outlook and
unlawful possession, manufacture, dealing in, acquisition or disposition of adjustment after his/her release. This Rule provides guidance on the
firearms, ammunitions or explosives. reception and disciplinary aspects of jail management.
g. Violent Extremist Offender (VEO)- a person whose political or religious Section 21. RECEPTION PROCEDURES- A decent and humane program of
ideologies are considered far outside the mainstream attitudes of the confinement starts with a systematic reception of inmates for commitment
society or who violates common moral standards and who has adopted an to the BJMP's jail facilities. The following procedures should therefore be
increasingly extreme ideals and aspirations resorting to the employment of observed:
violence in the furtherance of his/her beliefs. A.Gater- He or she checks the credentials of the person bringing the
h. Medium Risk Inmates-those who represent a moderate risk to the public inmate/the committing officer to determine his/her identity and authority.
and staff. These inmates still require greater security, control and supervision Also, he or she reviews the completeness of the following documents before
as they might escape from and might commit violence inside the jail. the person bringing an inmate/the committing officer is allowed to enter the
i. Minimum Risk Inmates (Ordinary Inmates)- those inmates who have lesser facility. The documents mentioned earlier refer to the:
tendencies to commit offenses and generally pose the least risk to public 1. Commitment Order;
safety. In most cases, they may be first time offenders and are charged with 2. Medical Certificate - recent medical certificate taken within 24 hours prior
light offenses. to admission; 3
Section 20. REQUIREMENTS FOR COMMITMENT- No person shall be . Complaint/Information;
committed to any jail facility without the following required documents: 4. Police Booking Sheet; and
a. Commitment Order; 5. Certificate of Detention from PNP and/or NBI.
b. Medical Certificate - recent medical certificate taken within 24 hours prior Additionally, the "gater" shall subject the person to be committed and
to admission; his/her escorts for search and inspection as prescribed. Finally, he or she
c. Complaint/Information; (gater) refers the person to be committed and his or her escorts to the
d. Police Booking Sheet; and Records Unit.
e. Certificate of Detention from PNP and/or NBI. B. Records Unit- This unit examines the completeness and authenticity of
RULE III the requirements for Commitment (Commitment Order, Booking Sheet,
RECEPTION AND RELEASING PROCEDURES, CLASSIFICATION BOARD, Arrest Report and Information) before it refers the inmate for physical
DISCIPLINARY BOARD AND PUNISHABLE ACTS OF INMATES examination by the Health Unit.
One of the Guiding Principles of the United Nations Standard Minimum C. Health Unit:
Rules for the Treatment of Prisoners states that "Imprisonment and other 1. Checks the authenticity of the entries in the medical certificate; conducts
measures which result in cutting off an offender from the outside world are thorough physical examination of the inmate to determine his or her true
afflictive by the very fact of taking from a person the right of self- physical condition; and asks searching questions to determine injury/injuries
determination by depriving him/her of his/her liberty. Therefore, the prison found to have been sustained by the inmate after the conduct of medical
system shall not, except as incidental to justifiable segregation or the examination or those injuries not diagnosed prior to commitment in jail.
maintenance of discipline, aggravate the suffering inherent in such a Inmate is required to undress while undergoing medical examination. A
situation". Hence, a well-planned and organized reception of detainees is female inmate shall be examined by female health personnel. A male inmate
critical to achieving this. The inmate's first impression of the correctional may be examined by either male or female health personnel;
process greatly influences his/her attitude and behavior toward the
2. In case of any discrepancy found during physical examination but same 1. Checks the inmate's belongings for presence of contraband. Discovery of
discrepancy is not indicated in the medical certificate, the committing officer any contraband shall be treated in accordance with existing policies.
shall be required to secure another medical certificate of the inmate. The 2. Takes all cash and other personal properties from the inmate, lists them
commitment of an inmate shall be held in abeyance pending the submission down on a receipt form with duplicate, duly signed by him/her and
of a new medical certificate with findings congruent to the medical findings countersigned by the inmate. The original receipt should be given to the
of the jail physician/nurse. The reason for the deferment of commitment inmate and the duplicate b
shall be recorded in the jail blotter. In case the committing officer fails to 3. Keeps all cash and other valuables of the inmate in a safety vault. Said
return the inmate to jail withintwenty-four (24) hours, the reasons for the cash and valuables may be turned over to any person authorized by the
deferment of commitment and the grounds thereof shall be reported inmate.
immediately to the court that issued the commitment order; 4. Refers the inmate to the desk officer.
3. In the absence of a jail nurse/medical personnel, the receiving officer shall F.Desk Officer-
refer the person to be committed to the nearest government health facility books the newly committed inmate in the jail blotter; assigns the inmate to a
for medical evaluation (check the medical certificate and observe the mental reception area, if any, where he/she shall be scheduled for orientation on jail
alertness, physical abnormalities and the overall appearance of the rules and regulation, and shall undergo risk assessment and classification,
inmates); and evaluation and conduct of further medical evaluation/screening by the
4. If no discrepancy is found during physical examination, the inmate shall be Medical Officer.
referred back to the Records Unit. G.Assistant Warden or Officer of the Day-
D.Records Unit- Orients the newly committed inmates on jail rules and regulations using the
Receives the inmate and the documents from the committing officer and Inmate's Orientation Sheet.
conducts the following: H.Jail Warden-
1. Start the booking procedures: Coordinates with concerned agencies regarding the case of inmate for
a. Accomplish the jail booking sheet; speedy disposition and to furnish them with copies of the available needed
b. Strip-search the inmate to check for any birth marks, tattoos, etc; documents. The jail warden shall see to it that all concerned agencies and
c. Encode the inmate's information to the NIMS; persons will be informed of the commitment of the inmate in his/her jail by
d. Fingerprint and photograph the inmate with mug shot background; and submitting a written report. Through his/her paralegal officer, he/she shall
e. List the names of the visitors authorized by the inmate. ensure that the courts and prosecutors' office are attending to the case of
2. Apprise the inmate in a dialect that he/she understands of the provisions the inmate by constantly coordinating with them for the purpose of
of Art 29 of the RPC which was further amended byR.A. 10592; (Refer to speeding up the disposition of the case. For this purpose, the sharing of non-
ANNEX "A") confidential information with the concerned agencies is encouraged. The
3. Facilitate the signing of the Detainee's Manifestation if he/she agrees to following agencies/persons shall be notified by the warden upon
abide by the same disciplinary rules imposed upon convicted inmates. commitment of the inmate:
Otherwise, the warden issues a certification under oath manifesting that the 1. Presiding Judge - (monthly submission of list of committed inmates to the
inmate was apprised of the provision of Art 29 of the RPC as amended and presiding judge is mandatory)
refused to abide by the same; and Bureau of Jail Management and Penology 2. Executive Judge/ Clerk of court - (monthly submission of committed
4. Store all documents in the Inmate’s Carpeta. inmates is mandatory)
E.Property Custodian 3. PNP - mandatory
4. NBI - mandatory
5. Family - mandatory Board will see to it that the program planned for the inmate is followed.
6. PAO lawyer - in case of indigent inmate Then the inmate is assigned to his/her cell according to the approved
7. IBP legal aide - in case of indigent inmate and unavailability of PAO lawyer classification.
8. Private lawyer - upon request Section 24. CLASSIFICATION PROCESS
9. Priest or religious minister - upon request a. Admission of Inmate- Once the inmate has undergone the registration
10. Private physician - upon request process; he/she will be temporarily housed at the Inmate Classification and
11. Commission on Human Rights - as needed/to submit list of committed Counseling Unit (ICCU) in jails where it is available.
inmates monthly The inmate shall stay at the ICCU for a minimum period of thirty (30) days
12. Public physician - as needed but not exceeding sixty (60) days or until the completion of the classification
13. Psychologist/ Psychiatrist - as needed process. At the ICCU, the newly committed inmate will undergo assessment
14. Embassy - mandatory in case of foreign national/alien by the different health professionals.
15. DSWD - mandatory in case of CICL b. Medical Examination- The jail medical Officer or the jail officer designated
16. Court/ Other branches - in case of multiple cases nurse of the Health Unit will conduct a thorough physical examination on
Section 22. CLASSIFICATION BOARD- Each jail shall maintain a classification the newly committed inmate and will note down significant bodily marks,
board, if facilities and personnel are available, to be composed of the scars, tattoos and lesions based on the medical certificate presented by the
following: Chairperson - Assistant Warden Member - Chief, committing officer. He or she must ensure that his/her findings are
Custodial/Security Office Member - Medical Officer/Public Health Officer congruent to the medical certificate presented. Any discrepancy shall
Member - Jail Chaplain Member - Inmates Welfare and Development Officer warrant further investigation by and reporting of the same to the CHR.
Section 23. DUTIES AND FUNCTIONS OF THE CLASSIFICATION BOARD- The c. Results of the medical examination shall be recorded and shall bear the
Classification Board is tasked to conduct background investigation of inmates signature of the physician or nurse who conducted the examination. Medical
to determine the cell assignment, the appropriate rehabilitative program, issues will be attended to accordingly.
the type of supervision and degree of custody and restrictions applicable to d. Dental Examination- The jail dentist shall perform a thorough dental
the inmate/s. The investigation shall focus on the following: examination and recording of his or her findings. The record shall bear the
a. Facts and data of the present case; signature of the dentist who conducted the examination. Dental issues that
b. Inmate's recent criminal history and the facts about the inmate's attitudes need immediate attention shall be so attended to accordingly.
and behavior while confined in other institutions, if the inmate is a recidivist e. Psychological Examination- The jail psychologist-in-charge shall conduct
or a habitual delinquent; psychological examination to determine the inmate's psychological state at
c. Biography or life history; the time of examination. Results will be recorded in the psychologist's
d. Medical History; logbook or in the health assessment card/HAS and shall bear the signature
e. Vocational, recreational, educational and religious background/interests; of the psychologist who conducted the examination.
and f. Social Case Study- The jail social worker at the ICCU shall conduct in-depth
f. Psychological characteristics as evaluated by the psychiatrist and interview with the newly admitted inmate, an interview that considers the
psychologist. The inmate is required to appear before the Classification "who the inmate is" from birth up to the present including his/her familial,
Board for validation of his/her profile. Upon completion of the classification educational, social, vocational and other issues that has an impact on
assessment, the inmate is then apprised of his/her cell assignment and his/her personality. The findings will be recorded and shall bear the
welfare programs appropriate for him/her. He/she is asked if he/she is signature of the social worker who conducted the assessment. In jails
willing to undergo this program for his/her own good. If he/she is willing, the without ICCU, the interview will be done by the social worker-in-charge
upon the order of the court or as requested by the medical officer, the health unit. Every examination result shall bear the signature of the
psychiatrist or the duly designated jail warden for specific purposes. examining psychiatrist.
g. Risk Assessment -A risk assessment tool shall be utilized to determine the i. Case Management- Each inmate will be assigned to a specific case
level of violence/risk the inmate poses, either external or internal. This will manager who may either be a psychologist, a social worker or a nurse. The
help in the proper classification and segregation of inmates and in the case manager shall be responsible for the consolidation of all the results and
design of specific development plans. shall make the proper decision as to the classification of the inmates and the
h. Psychiatric Evaluation- Using the results of the psychological examination, identification development programs for each inmate.
social case study, and risk assessment, the psychiatrist conducts a psychiatric j. Inmate Orientation and Counseling- While undergoing assessment, the
evaluation to determine the present mental state of the inmate and to inmate shall be oriented on the basic jail rules and regulations. He/she shall
diagnose any existing psychiatric illness for further treatment. The result will be introduced to the different development programs that would best
be recorded and shall bear the signature of the psychiatrist who conducted promote his/her personal growth. In this phase, the newly committed
the examination. inmate shall likewise undergo counseling for him/her to develop better
The inmate shall undergo psychiatric evaluation under the following coping skills thereby preventing psychological imbalance in the early phase
conditions: of incarceration.
1. The jail psychologist refers the inmate for further evaluation; k. Inmate Evaluation and Classification- Using the different tools of
2. The court orders the psychological/psychiatric evaluation of the inmate; assessment, the newly committed inmate will now be classified based on
3. The inmate was/is manifesting behavioral oddities; the level of risk and present physical, mental and emotional state.
4. The inmate discloses or admits upon inquiry by the admitting health staff l. Proper Cell Assignment and Development Plans- After the inmate has
that he/she had previous psychiatric consultation or had undergone undergone all the assessments, his/her case manager shall consolidate all
psychiatric treatment; the results. Based on the results of the final evaluation, the inmate may then
5. The inmate discloses or admits upon inquiry by the admitting health staff be assigned to the cell that is deemed best for his/her growth and well-
that he/she had attempted to commit or had committed suicide or that he being.
or she has noticeable body marks or scars indicating history of suicidal m. The newly committed inmates encouraged to participate in the
behavior; recommended development programs.
6. The inmate discloses or admits that he or she has a history of recent n. Monitoring- After the inmate has been transferred to his/her assigned cell
torture, or he or she has been a victim of physical abuse or domestic and has been attending the prescribed development programs, the case
violence; manager shall periodically monitor, and change and enhance inmate's
7. The inmate discloses upon inquiry by the health staff that he/she has development program/s depending on his or her behavioral progress.
recently ingested/abused illicit substances or that he or she is an alcohol or Section 25. DISCIPLINARY BOARD- A disciplinary board shall be organized
other illicit substance dependent; and maintained for the purpose of hearing disciplinary cases involving any
8. The disciplinary board referred the inmate for further evaluation and inmate who violates jail rules and regulations. It shall be composed of the
management; and following:
9. The inmate is a recidivist for heinous crimes or was charged of a sexual Chairperson - Assistant Warden
offense or was considered as violent sex offender. The working diagnosis will Member - Chief, Custodial/Security Office
be recorded at the inmate's health assessment card and the details of the Member - Medical Officer/Public Health Officer
examination will be written in the psychiatrist's logbook provided by the jail Member - Jail Chaplain
Member - Inmates Welfare and Development Officer
Member - Inmates' Representative h. Suspension of visiting privileges for a period not exceeding one (1) month,
If the above composition is not feasible because of personnel limitation, the provided that this sanction shall not apply to the lawyer, physician or
warden shall perform the board's functions and he shall act as the summary religious minister serving the needs of the prisoner.
disciplinary officer. i. Permanent cancellation of visiting privileges with respect to persons not
Section 26. DUTIES AND FUNCTIONS OF THE DISCIPLINARY BOARD -The included in the definition of immediate family under RA 7438, provided that
Board is tasked to investigate the facts of an alleged misconduct referred to this sanction shall not apply to the lawyer, physician or religious minister
it. It shall hold sessions as often as necessary in a room, which may be serving the needs of the prisoner. In addition to the above-mentioned
provided for the purpose. All cases referred to it shall be heard anddecided punishment, the disciplinary board may recommend to the warden partial
within forty-eight (48) hours from the date of receipt of the case. or full forfeiture of good conduct time allowance (GCTA) to be earned for a
Section 27. AUTHORIZED DISCIPLINARY ACTIONS/MEASURES FOR INMATES- particular month and subsequent months depending upon the gravity of the
The Board is authorized to impose any of the following offense.
disciplinaryACTIONS/MEASURES: Section 28. LIMITATIONS ON DISCIPLINARY PUNISHMENT FOR INMATES- The
1. For Detainees: Disciplinary Board shall consider the following limitations when imposing
a. Admonition or verbal reprimand; disciplinary punishment:
b. Restitution or reparation; a. No female inmate shall be subjected to any disciplinary punishment which
c. Temporary or permanent cancellation of all or some recreational might affect her unborn or nursing child;
privileges; b. No infirm or handicapped offender shall be meted out punishment, which
d. Reduction of visiting time; might affect his/her health or physical well-being;
e. Close confinement in a cell for a period not exceeding seven (7) days in c. Corporal punishment, confinement in dark or inadequately ventilated cells
any calendar month, provided that this disciplinary action shall be imposed and any form of cruel, unusual, inhumane or degrading punishment are
only in the case of an incorrigible inmate, and when other disciplinary absolutely prohibited;
measures had been proven ineffective; and d. When necessary, the jail physician shall visit the detainee/prisoner
f. Transfer to another BJMP jail in the area, in coordination with the Court. undergoing punishment and shall advise the warden of the need for the
2. For Prisoners: termination of the punishment imposed upon the inmate on grounds of the
a. Admonition or verbal reprimand; inmate's physical or mental health;
b. Restitution or reparation; e. Instruments of restraint, such as handcuffs, leg irons and straitjackets are
c. Additional job functions/community service within the jail premises; not to be applied as a form of punishment. They shall only be used as a
d. Temporary or permanent cancellation of some or all recreational precaution against escape and on medical grounds to prevent an offender
privileges; from injuring himself or others;
e. Reduction of visiting time; f. Breaches of discipline shall be handled without anger or emotionalism and
f. Close confinement in a cell for a period not exceeding seven (7) days in any decisions shall be executed firmly and justly; and
calendar month, provided that this disciplinary action shall be imposed only g. As a general rule, any violation of jail rules and regulations or misconduct
in the case of an incorrigible inmate, and when other disciplinary measures committed by the inmate shall be dealt with accordingly. In extreme cases
had been proven ineffective; where the violation necessitates immediate action, the warden or the officer
g. Transfer to another BJMP jail in the area in coordination with the Court; of the day may administer the necessary restraints and report the action he
or she has taken to the disciplinary board.
Section 29. PROCEDURES IN THE HEARING OF DISCIPLINARY CASES- The b. Rendering personal service to fellow inmate(s).
following procedures shall be followed in the hearing of disciplinary cases: c. Untidy or dirty personal appearance;
a. The aggrieved inmate or any person (visitor, inmate or personnel) reports d. Littering or failing to maintain cleanliness and orderliness in his/her
the violation to the Desk Officer; quarters and/or surroundings;
b. The desk officer shall immediately submit a written report to the warden e. Making frivolous or groundless complaints;
and the latter shall direct the Investigation Unit to conduct an investigation f. Taking the cudgels for or reporting complaints on behalf of other inmates;
within twenty-four (24) hours upon receipt of the directive. The Investigation g. Reporting late for inmate formation and inmate headcount without
Unit shall submit to the Warden their report together with their justifiable reasons; and h. Willful waste of food.
recommendations; 2. LESS GRAVE OFFENSES:
c. The warden shall evaluate the report and if he/she believes that there is a. Failure to report for work detail without sufficient justification;
no sufficient evidence to support the alleged violation, he/she shall dismiss b. Failure to render assistance to an injured personnel or inmate;
the case. If he/she believes that sufficient evidence exists, he/she shall c. Failure to assist in putting out fires inside the jail;
decide the case and impose the necessary penalty in case of minor d. Behaving improperly or acting boisterously during religious, social and
violations. If the offense is less grave or grave, he/she shall endorse it to the other group functions;
disciplinary board for hearing or decide it himself/herself as a in his or her e. Swearing, cursing or using profane or defamatory language directed at
capacity as summary disciplinary officer in the absence of a disciplinary other persons;
board; f. Malingering or pretending to be sick to skip work assignment;
d. The inmate shall be confronted of the reported violation and asked how g. Spreading rumors or malicious intrigues to besmirch the honor of any
he/she pleads to the charge. If he/she admits the violation or pleads guilty, person, particularly BJMP personnel;
the Board or the Warden, as the case may be, shall impose the h. Failure to stand at attention and give due respect when confronted by or
corresponding authorized disciplinary action; reporting to any BJMP personnel;
e. If the inmate denies the charge, a summary hearing shall be held giving i. Forcing fellow inmates to render personal service to him/her and/or to
the opportunity for both parties to present their testimonies and those of others;
their witnesses, if any, and to present evidence to shed light on the case; j. Exchanging uniforms or wearing clothes other than those issued to
f. After the hearing, the board shall decide with the merits of the case as him/her for the purpose of circumventing jail rules;
bases; k. Loitering or being in an unauthorized place;
g. Whether the inmate is found guilty or not, he/she should be advised to l. Using the telephone without authority from the desk officer/warden;
obey the rules and regulations strictly and be reminded that good behavior m. Writing, defacing, or drawing on walls, floors or any furniture or
is indispensable for his/her early release and/or the granting of privileges; equipment;
and n. Withholding information, which may be inimical or prejudicial to the jail
h. Decisions of the Board are subject to review and approval by the warden administration;
whose decision should be final and executory. o. Possession of lewd or pornographic literature and/or photographs;
Section 30. PUNISHABLE ACTS- An inmate is strictly prohibited from p. Absence from cell, brigade, place of work during headcount, or at any
committing any of the following acts: time without justifiable reason; and
1. MINOR OFFENSES: q. Failure to turn over any implement/article/s issued after work detail.
a. Selling or bartering with fellow inmate(s) those items not classified as 3. GRAVE OFFENSES:
contraband;
a. Making untruthful statements or lies in any official communication, w. Committing any act which violates any law or ordinance, in which case,
transaction, or investigation; he/she shall be prosecuted criminally in accordance with law; and
b. Keeping or concealing keys or locks of places in the jail which are off-limits x. Committing any act prejudicial to good order and discipline. Any
to inmates; personnel, especially warden, found to be allowing and tolerating any
c. Giving gifts, selling, or bartering items with jail personnel; violation mentioned above will be immediately relieved from his/her
d. Keeping in his/her possession money, jewelry, cellular phones or other designation without prejudice to his or her being administratively charged.
communication devices and other items classified as contraband under the Section 31. MODES AND GUIDELINES FOR RELEASE- The following modes
rules; and guidelines shall be observed when inmates are to be released from
e. Tattooing others or allowing him/her to be tattooed on any part of the detention:
body, or keeping any paraphernalia to be used in tattooing; 1. An inmate may be released through:
f. Forcibly taking or extorting money from fellow inmates and visitors; a. Service of sentence;
g. Punishing or inflicting injury or any harm upon himself/herself or other b. Order of the Court;
inmates; c. Parole;
h. Receiving, keeping, taking or drinking liquor and prohibited drugs; d. Pardon; and
i. Making, improvising or keeping any kind of deadly weapon; e. Amnesty
j. Concealing or withholding information on plans of attempted escapes; 2. Before an inmate is released, he/she shall be properly identified to ensure
k. Unruly conduct and flagrant disregard for discipline and instructions; that he/she is the same person received and is subject of release. His/her
l. Escaping, attempting or planning to escape from the institution or from marks and fingerprints shall be verified with those taken when he/she was
any guard; received. Any changes or differences in his/her distinguishing marks and
m. Helping, aiding or abetting others to escape; scars shall be investigated to ascertain his/her real identity in order to
n. Fighting, causing any disturbance or participating therein and/or agitating prevent the mistaken release of another person;
to cause such disturbance or riot; 3. No inmate shall be released on a mere verbal order or an order relayed
o. Indecent, immoral or lascivious acts by himself/herself or others and/or via telephone. The release of an inmate by reason of acquittal, dismissal of
allowing himself/herself to be the subject of such indecent, immoral or case, payment of fines and/or indemnity, or filing of bond, shall take effect
lascivious acts; only upon receipt of the release order served by the court process server.
p. Willful disobedience to a lawful order issued by any BJMP personnel; The court order shall bear the full name of the inmate, the crime he/she was
q. Assaulting any BJMP personnel; charged with, the criminal case number and such other details that will
r. Damaging any government property or equipment; enable the officer in charge to properly identify the inmate to be released;
s. Participating in kangaroo court, an unauthorized or irregular court 4. Upon proper verification from the court of the authenticity of the order,
conducted with disregard for or perversion of legal procedures as a mock an inmate shall be released promptly and without unreasonable delay;
court by the inmates in a jail/prison; 5. Under proper receipt, all money earned, other valuables held and
t. Affiliating with any gang or faction whose main purpose is to foment entrusted by the inmate upon admission, shall be returned to him/her upon
regionalism or to segregate themselves from others; release; and
u. Failing to inform the authorities concerned when afflicted with any 6. The released inmate shall be issued a certification of discharge from jail by
communicable disease, such as tuberculosis, sexually-transmitted diseases, the warden or his/her authorized representative.
etc.; Section 32. PROCEDURE ON RELEASING- The procedures shall be observed
v. Engaging in gambling or any game of chance; when inmates are to be released from detention.
1.Desk Officer Upon receipt of release order, the desk officer shall
coordinate with the paralegal officer for verification of the authenticity of
said order.
2.Paralegal Officer Verifies the authenticity of the release order.
3. Records/Admin Officer
a. Starts processing inmate's release.
b. Checks inmate records to ensure that the data in the release order
coincide 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.
4.Property Custodian
a. Checks on the receipt of property and returns to the inmate his/her
deposited items.
b. Makes sure that returned items of the inmate are duly received and
properly recorded.
5.Desk Officer Records the release of inmate and the condition of the inmate
upon his/her release.
6.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 any member of immediate family
Court - in case of convicted inmate