NOTES IN CORRECTION ADMINISTRATION

DEFINITION OF TERMS

PENOLOGY – the study of punishment for a crime or of criminal offenders. It

includes the study of control and prevention of crime through the punishment of
criminal offenders. The term is derived from the Latin word “POENA” which
means pain or suffering. Penology is otherwise known as Penal Science. It is
actually a division of criminology that deals with prison management and the
treatment of offenders and is concerned itself with the philosophy and practice
of society in its effort to repress criminal activities.

Penal Management - Refers to the manner or practice of managing or

controlling places of confinement as in jails or prisons.

CORRECTION - A branch of the Criminal Justice System concerned with the

custody, supervision and rehabilitation of criminal offenders. It is that field of
criminal justice administration which utilizes the body of knowledge and
practices of the government and the society in general involving the processes
of handling individuals who have been convicted of offenses for purposes of
crime prevention and control. It is the study of jail/prison management and
administration as well as the rehabilitation and reformation of criminals.
- It is a generic term that includes all government agencies, facilities, programs,
procedures, personnel, and techniques concerned with the investigation, intake, custody,
confinement, supervision, or treatment of alleged offenders.

Correctional Administration - The study and practice of a systematic

management of jails or prisons and other institutions concerned with the
custody, treatment, and rehabilitation of criminal offenders.

Historical Perspective on Corrections

13th Century – Securing Sanctuary

 In the 13th C, a criminal could avoid punishment by claiming refugee in a
church for a period of 40 days at the end of which time he has compelled to
leave the realm by a road or path assigned to him.

1468 (England) – Torture as a form of punishment became prevalent.

16th Century – Transportation of criminals in England, was authorized. At the

end of the 16th C, Russia and other European Countries followed this system. It
partially relieved overcrowding of prisons. Transportation was abandoned in
1835.

17th C to late 18th C – Death Penalty became prevalent as a form of

punishment.

GAOLS - (Jails) – pretrial detention facilities operated by English Sheriff.

Galleys – long, low, narrow, single decked ships propelled by sails, usually
rowed by criminals. A type of ship used for the transportation of criminals in the
16th century.

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Hulks – decrepit transport, former warships used to house prisoners in the 18 th
and 19th century. These were abandoned warships converted into prisons as
means of relieving congestion of prisoners. They were also called “floating
hells”.

The Primary Schools of Penology

1. The Classical School – it maintains the “doctrine of psychological

hedonism” or “free will”. That the individual calculates pleasures and pains in
advance of action and regulates his conduct by the result of his calculations.

2. The Neo-classical School – it maintained that while the classical doctrine

is correct in general, it should be modified in certain details. Since children and
lunatics cannot calculate the differences of pleasures from pain, they should not
be regarded as criminals, hence they should be free from punishment.

3. The Positivist/Italian School – the school that denied individual

responsibility and reflected non-punitive reactions to crime and criminality. It
adheres that crimes, as any other act, is a natural phenomenon. Criminals are

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considered as sick individuals who need to be treated by treatment programs
rather than punitive actions against them.

Redress (Compensation) of a wrong act

1. Retaliation (Personal Vengeance) – the earliest remedy for a wrong act

to any one (in the primitive society). The concept of personal revenge by the
victim’s family or tribe against the family or tribe of the offender, hence “blood
feuds” was accepted in the early primitive societies.
2. Fines and Punishment – Customs has exerted effort and great force
among primitive societies. The acceptance of vengeance in the form of
payment (cattle, food, personal services, etc) became accepted as dictated by
tribal traditions.
Ordeal – is the church’s substitute for a trial until the 13th century wherein guilt
or innocence was determined by the ability of the accused of being unscathed
through dangerous and painful test.
Charlemagne (Carolus Magnus)– gave bishops the power to act as real judges
which enabled bishop tribunal to rule on secular matters.
- King of Franks and Roman Emperor.

Early Codes
History has shown that there are three main legal systems in the world,
which have been extended to and adopted by all countries aside from those
that produced them. In their chronological order, they are the Roman, the
4
Mohammedan or Arabic and the Anglo-American Laws. Among the three, it was
Roman law that has the most lasting and most pervading influence. The Roman
private law (Which include Criminal Law), especially has offered the most
adequate basic concepts which sharply define, in concise and inconsistent
terminology, mature rules and a complete system, logical and firm, tempered
with a high sense of equity.

1. Babylonian and Sumerian Codes

a. Code of King Hammurabi (Hammurabic Code) – Babylon, about 1990
BC, credited as the oldest code prescribing savage punishment, but in fact,
Sumerian codes were nearly one hundred years older.

2. Roman and Greek Codes

a. Justinian Code– 6th C A.D. , Emperor Justinian of Rome wrote his
code of law.
An effort to match a desirable amount of punishment to all possible crimes.
However, the law did not survive due to the fall of the Roman Empire but left a
foundation of Western legal codes.
* The Twelve Tables (XII Tabulae), (451-450 BC) – represented
the earliest codification of Roman law incorporated into the Justinian Code. It is
the foundation of all public and private law of the Romans until the time of
Justinian. It is also a collection of legal principles engraved on metal tablets and
set up on the forum.

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 b. Greek Code of Draco – In Greece, the Code of Draco, a harsh code that provides the
same punishment for both citizens and the slaves as it incorporates primitive concepts
(Vengeance, Blood Feuds).
* The Greeks were the first society to allow any citizen to
prosecute the offender in the name of the injured party.

3. The Burgundian Code (500 A.D) – specified punishment according to the

social class of offenders, dividing them into: nobles, middle class and lower
class and specifying the value of the life of each person according to social
status.
Early Codes (Philippine Setting)
The Philippines is one of the many countries that cane under the
influence of the Roman Law. History has shown that the Roman Empire
reached its greatest extent to most of continental Europe such as Spain,
Portugal, French and all of Central Europe.
Eventually, the Spanish Civil Code became effective in the Philippines on
December 7, 1889, the “Conquistadores” and the “Kodigo Penal”(The Revised
Penal Code today, 1930) was introduced by the Spaniards promulgated by the
King of Spain. Basically, these laws adopted the Roman Law principles
(Coquia, Principles of Roman Law, 1996).
Mostly tribal traditions, customs and practices influenced laws during the
Pre-Spanish Philippines. There were also laws that were written which includes:

a. The Code of Kalantiao (promulgated in 1433) – the most extensive

and severe law that prescribes harsh punishment.
b. The Maragtas Code (by Datu Sumakwel)
Early Prisons:

Mamertine Prison – the only early Roman place of confinement that is

built under the main sewer of Rome in 64 B.C

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 The most popular workhouse was the BRIDEWELL WORKHOUSE
(1557) in London which was built for the employment and housing of English
prisoners.
Wulnut Street Jail – originally constructed as a detention jail in
Philadelphia. It was converted into a state prison and became the first American
Penitentiary.

Early prisons in the Philippines:

In 1847, the first Bilibid Prison was constructed and became the central
place of confinement for Filipino Prisoners by virtue of the Royal decree of the
Spanish crown.
In 1936, the City of Manila exchanges its Muntinlupa property with the
Bureau of Prisons originally intended as a site for boys’ training school. Today,
the old Bilibid Prison is now being used as the Manila City Jail, famous as the “
May Halique Estate”.

THE EMERGENCE OF SECULAR LAW

4th A.D. - Secular Laws were advocated by Christian philosophers who

recognizes the need for justice. Some of the proponents these laws were St.
Augustine and St. Thomas Aquinas.

Three Laws were distinguished: External Law (Lex Externa), Natural Law (Lex
Naturalis), Human law, (Lex Humana). All these laws are intended for the
common good, but the Human law only becomes valid if it does not conflict with
the other two laws.

PUNISHMENT
It is the redress that the state takes against an offending member of
society that usually involves pain and suffering. It is also the penalty imposed
on an offender for a crime or wrongdoing.

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Ancient Forms of Punishment
1. Death Penalty – affected by burning, beheading, hanging, breaking at
the wheels, pillory and other forms of medieval executions.
2. Physical Torture – affected by maiming, mutilation, whipping and other
inhumane or barbaric forms of inflicting pain.
3. Social Degradation – putting the offender into shame or humiliation.
4. Banishment or Exile – the sending or putting away of an offender
which was carried out either by prohibition against coming into a specified
territory such as an island to where the offender has been removed.
5. Other similar forms of punishment like transportation and slavery.

Early Forms of Prison Discipline:

1. Hard Labor - productive works.
2. Deprivation – deprivation of everything except the bare essentials of
existence
3. Monotony – giving the same food that is “off” diet, or requiring the
prisoners to perform drab or boring daily routine.
4. Uniformity – “ we treat the prisoners alike”. “ the fault of one is the fault
of all”.
5. Mass Movement – mass living in cellblocks, mass eating, mass
recreation, mass bathing.
6. Degradation – uttering insulting words or languages on the part of
prison staff to the prisoners to degrade or break the confidence of prisoners.
7. Corporal Punishment – imposing brutal punishment or employing
physical force to intimidate a delinquent inmate.
8. Isolation or Solitary Confinement – non-communication, limited news, “
the lone wolf”.

Contemporary Forms of Punishment:

1. Imprisonment – putting the offender in prison for the purpose of
protecting the public against criminal activities and at the same time
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rehabilitating the prisoners by requiring them to undergo institutional treatment
programs.
2. Parole - a conditional release of prisoners after serving part of his/her
sentence in prison for the purpose of gradually re-introducing him/her to free life
under the guidance and supervision of a parole officer.
3. Probation – a disposition whereby a defendant after conviction of an
offense, the penalty of which does not exceed six years imprisonment, is
released subject to the conditions imposed by the releasing court and under the
supervision of a probation officer.
4. Fine – an amount given as a compensation for a criminal act.
5. Destierro – the penalty of banishing a person from the place where he
committed a crime, prohibiting him to get near or enter the 25-kilometer
perimeter.

JUSTIFICATIONS OF PUNISHMENT
1. Retribution – the punishment should be provided by the state whose
sanction is violated, to afford the society or the individual the opportunity of
imposing upon the offender suitable punishment as might be enforced.
Offenders should be punished because they deserve it.
2. Expiation or Atonement – it is punishment in the form of group
vengeance where the purpose is to appease (satisfy) the offended public or
group.
3. Deterrence – punishment gives lesson to the offender by showing to
others what would happen to them if they violate the law. Punishment is
imposed to warn potential offenders that they cannot afford to do what the
offender has done.
4. Incapacitation and Protection – the public will be protected if the
offender has being held in conditions where he cannot harm others especially
the public. Punishment is effected by placing offenders in prison so that society
will be ensured from further criminal depredations of criminals.
5. Reformation or Rehabilitation – it is the establishment of the
usefulness and responsibility of the offender. Society’s interest can be better
9
served by helping the prisoner to become law abiding citizen and productive
upon his return to the community by requiring him to undergo intensive program
of rehabilitation in prison.

THE AGE OF ENLIGHTENMENT

18th Century is a century of change. It is the period of recognizing human

dignity. It is the movement of reformation, the period of introduction of certain
reforms in the correctional field by certain person, gradually changing the old
positive philosophy of punishment to a more humane treatment of prisoners
with innovational programs.
The Pioneers:
1. William Penn (1614-1718)
- He fought for religious freedom and individual rights.
- He is the first leader to prescribe imprisonment as correctional
treatment for major offenders.
- He is also responsible for the abolition of death penalty and
torture as a form of punishment.
2. Charles Montesiquieu (Charles Louis Secondat, Baron de la Brede et
de Montesiquieu)
- (1689- 1755) A French historian and philosopher who analyzed
law as an expression of justice. He believe that harsh punishment would
undermine morality and that appealing to moral sentiments as a better means
of preventing crime.
3. VOLTAIRE (Francois Marie Arouet)
- (1694- 1778) He was the most versatile(possessing various skill)
of all philosophers during this period. He believes that fear of shame was a
deterrent to crime. He fought the legality-sanctioned practice of torture.
4. Cesare Bonesa, Marchese de Beccaria (1738-1794)
- He wrote an essay entitled “An Essay on Crimes and
Punishment”, the most exiting essay on law during this century. It presented the
humanistic goal of law.

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 5. Jeremy Bentham (1748-1832) – the greatest leader in the reform of
English Criminal law. He believes that whatever punishment designed to negate
whatever pleasure or gain the criminal derives from crime, the crime rate would
go down.
- Bentham was the one who devise the ultimate PANOPTICAN
PRISON – a prison that consists of a large circular building containing multi
cells around the periphery. It was never built.
6. John Howard (1726 – 1790) – the sheriff of Bedsfordshire in 1773 who
devoted his life and fortune to prison reform. After his findings on English
Prisons, he recommended the following: single cells for sleeping, segregation of
women, segregation of youth, provision of sanitation facilities, abolition of fee
system by which jailers obtained money from pris/oners.

The Reformatory Movement:

1. Alexander Mocanochie – He is the Superintendent of the penal colony
at Norfolk Island in Australia (1840) who introduced the “Mark System”. A
system in which a prisoner is required to earn a number of marks based on
proper department, labor and study in order to entitle him for a ticket for leave
or conditional release which is similar to parole.
2. Manuel Montesimos – The Director of Prisons in Valencia Spain
(1835) who devided the number of prisoners into companies and appointed
certain prisoners as petty officers in charge, which allowed good behavior to
prepare the convict for gradual release.
3. Domets of France – established an agricultural colony for delinquent
boys in 1839 providing housefathers as in charge of these boys.
4. Sir Evelyn Ruggles Brise – The Director of the English Prison who
opened the Borstal Institution for young offenders. The Borstal Institution is
considered as the best reform institution for young offenders today.
5. Walter Crofton – He is the Director of the Irish Prison in 1854 that
introduced the Irish system that was modified from the Mocanochie’s mark
system.

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 6. Zebulon Brockway – The Director of the Elmira Reformatory in New
York (1876) who introduced certain innovational programs like the following:
training school type, compulsory education of prisoners, casework methods,
extensive use of parole, indeterminate sentence

* The Elmira Reformatory is considered forerunner of modern

penology because it had all the elements of a modern system.

The Two Rival Prison System in the History of Correction

A. The Auburn Prison System – the prison system called the

“Congregate System”.
- The prisoners are confined in their own cells during the night and
congregate work in shops during the day. Complete silence was enforced.
B. The Pennsylvania Prison System – the prisons system called “Solitary
System”.
- Prisoners are confined in single cells day and night where they
lived, they slept, and they ate and receive religious instructions. Complete
Silence was also enforced. They are required to read the Bible.
PENALTY - is defined as the suffering inflicted by the state against an
offending member for the transgression of law.

Juridical Conditions of Penalty

Punishment must be:
1. Productive of suffering – without however affecting the integrity of the
human personality.
2. Commensurate with the offense – different crimes must be punished
with different penalties (Art. 25, RPC).
3. Personal – the guilty one must be the one to be punished, no proxy.
4. Legal – the consequence must be in accordance with the law.
5. Equal – equal for all persons.
6. Certain – no one must escape its effects.
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 7. Correctional – changes the attitude of offenders and become law-
abiding citizens.

Duration of Penalties
1. Death Penalty – Capital punishment
2. Reclusion Perpetua – life imprisonment, a term of 20 yrs and 1day to
40 yrs imprisonment
3. Reclusion Temporal – 12 yrs and 1 day to 20 years imprisonment
4. Prision Mayor – 6 yrs and 1 day to 12 years
5. Prision Correctional – 6 months and 1 day to 6 years
6. Arresto Mayor – 1 month and 1 day to 6 months
7. Arresto Menor – 1 day to 30 days
8. Bond to Keep the Peace – discretionary on the part of the court.

Philippine Penal System

Bureau of Corrections
Bureau of Prisons was renamed Bureau of Corrections under Executive
Order 292 passed during the Aquino Administration. It states that the head of
the Bureau of Corrections is the Director of Prisons who is appointed by the
President of the Philippines with the confirmation of the Commission of
Appointments.
The Bureau of Corrections has general supervision and control of all
national prisons or penitentiaries. It is charged with the safekeeping of all
Insular Prisoners confined therein or committed to the custody of the Bureau.

Coverage of the Bureau of Corrections

a. National Bilibid Prisons (Muntinlupa, Rizal)
- New Bilibid Prisons (Main Building)
- Camp Sampaguita
- Camp Bukang Liwayway
b. Reception and Diagnostic Center (RDC)

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 c. Correctional Institution for Women (Mandaluyong)
d. The Penal Colonies:
- Sablayan Penal Colony and Farm (Occ. Mindoro)
- Iwahig Penal Colony and Farm (Palawan)
- Davao Penal Colony and Farm (Central Davao)
- San Ramon Penal Colony and Farm (Zamboanga)
- Ilo-Ilo Penal Colony and Farm (Ilo-Ilo Province)
- Leyte Regional Prison (Abuyog Leyte)

PRISON Defined:
- A penitentiary, an institution for the imprisonment (incarceration) of
persons convicted of major/ serious crimes.
- A building, usually with cells, or other places established for the
purpose of taking safe custody or confinement of criminals.
- A place of confinement for those for those charged with or convicted of
offenses against the laws of the land.

WHO IS A PRISONER?
- A prisoner is a person who is under the custody of lawful authority. A
person, who by reason of his criminal sentence or by a decision issued by a
court, may be deprived of his liberty or freedom.
- A prisoner is any person detained/confined in jail or prison for the
commission of a criminal offense or convicted and serving in a penal institution.
- A person committed to jail or prison by a competent authority for any of
the following reasons: to serve a sentence after conviction, trial, investigation

General Classification of Prisoners

1. Detention Prisoners – those detained for investigation, preliminary
hearing, or awaiting trial are detainee in a lock up jail. They are prisoners under
the jurisdiction of Courts. (drunk, disorderly)

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 2. Sentenced Prisoners – offenders who are committed to the jail or
prison in order to serve their sentence after final conviction by a competent
court. They are prisoners under the jurisdiction of penal institutions.
3. Prisoners who are on Safekeeping – includes non-criminal offenders
who are detained in order to protect the community against their harmful
behavior. Ex. Mentally deranged individuals, insane person.

Classification of Sentenced Prisoners:

1. Insular or National Prisoners - those sentenced to suffer a term of
sentence of 3 years and 1 day to life imprisonment. Those sentenced to suffer a
term of imprisonment cited above but appealed the judgment and unable to file
a bond for their temporary liberty.
2. Provincial Prisoners - Those persons sentenced to suffer a term of
imprisonment from 6 months and 1 day to 3 years or a fine not more than 1,000
pesos, or both; or those detained therein waiting for preliminary investigation of
their cases cognizable by the RTC.
3. City Prisoners - Those sentenced to suffer a term of imprisonment
from 1 day to 3 years or a fine of not more than 1,000 pesos or both. Those
detained therein whose cases are filed with the MTC. Those detained therein
whose cases are cognizable by the RTC and under Preliminary Investigation.
4. Municipal Prisoners - Those confined in Municipal jails to serve an
imprisonment from 1 day to 6 months. Those detained therein whose trials of
their cases are pending with the MTC.

Classification of Prisoners According to Degree of Security:

1. Super Maximum Security Prisoners - A special group of prisoners
composed of incorrigible, intractable, and highly dangerous persons who are
the source of constant disturbances even in a maximum security prison. They
wear orange color of uniform.
2. Maximum Security Prisoners - The group of prisoners whose escape
could be dangerous to the public or to the security of the state. It consist of
constant troublemakers but not as dangerous as the super maximum-security
15
prisoners. Their movements are restricted and they are not allowed to work
outside the institution but rather assigned to industrial shops with in the prison
compound. They are confined at the Maximum Security Prison (NBP Main
Building); they wear orange color of uniform. Prisoners includes those
sentenced to serve sentence 20 years or more, or those whose sentenced are
under the review of the Supreme Court, and offenders who are criminally
insane having severe personality or emotional disorders that make them
dangerous to fellow offenders or staff members.
3. Medium Security Prisoners - Those who cannot be trusted in open
conditions and pose lesser danger than maximum-security prisoners in case
they escape. It consists of groups of prisoners who maybe allowed working
outside the fence or walls of the penal institution under guards or with escorts.
They occupy the Medium Security Prison (Camp Sampaguita) and they wear
blue color of uniforms. Generally, they are employed as agricultural workers. It
includes prisoners whose minimum sentence is less than 20 years and life-
sentenced prisoners who served at least 10 years inside a maximum-security
prison.
4. Minimum Security Prisoners - A group of prisoners who can be
reasonably trusted to serve sentence under “open conditions”. This group
includes prisoners who can be trusted to report to their work assignments
without the presence of guards. They occupy the Minimum Security Prison
(Camp Bukang Liwayway) and wear brown color uniforms.

WHAT IS A JAIL?
It is a place for locking-up of persons who are convicted of minor
offenses or felonies who are to serve a short sentences imposed upon them by
a competent court, or for confinement of persons who are awaiting trial or
investigation of their cases.

Types of Jails:
1. Lock-up Jails – is a security facility, common to police stations, used
for temporary confinement of an individual held for investigation.

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 2. Ordinary Jails – is the type of jail commonly used to detain a convicted
criminal offender to serve sentence less than three years.
3. Workhouses, Jail Farms or Camp – a facility that houses minimum
custody offenders who are serving short sentences or those who are
undergoing constructive work programs. It provides full employment of
prisoners, remedial services and constructive leisure time activities.
Provincial Jails
Provincial Jails in the Philippines are not under the jurisdiction of the
Bureau of Corrections. They are managed and controlled by the provincial
government.

Bureau of Jail Management and Penology (BJMP)

The BJMP exercises supervision and control over all cities and municipal
jails throughout the country. The enactment of Republic Act no. 6975 created
the BJMP. It operates as a line bureau under the Department of the Interior and
Local Government (DILG).

Powers, Functions and Organization of the BJMP

A. Powers:
The Bureau shall exercise supervision and control over all districts, city
and municipal jails to ensure a secured, clean, sanitary and adequately
equipped jail for the custody and safekeeping of city and municipal prisoners,
any fugitive from justice or persons detained awaiting investigation or trial
and/or transfer to the National Penitentiary, and any violent, mentally ill person
who endangers himself or the safety of others.

B. Functions:
Inline with its mission, the Bureau endeavors to perform the following:
1. Formulate policies and guidelines on the administration of all districts,
city and municipal jails nationwide;
2. Formulate and implement policies for the programs of correction,
rehabilitation and treatment of offenders;

17
 3. Plan the program funds for the subsistence allowance of offenders;
4. Conduct researches, develop and implement plans and programs for
the improvement of jail services throughout the country.

C. Organization and Key Positions in the BJMP:

The BJMP, also referred to as the Jail Bureau, was created pursuant to
Section 60, R.A. no. 6975, and initially consisting of uniformed officers and
members of the Jail management and Penology service as constituted under
P.D. no. 765.
The Bureau shall be headed by a chief with the rank of Director, and
assisted by a Deputy Chief with the Rank of Chief Superintendent.
The Central Office is the Command and Staff HQ of the Jail Bureau
composed of 3 Command Groups, 6 Coordinating Staff Divisions, 6 Special
Staff Groups and 6 Personal Staff Groups namely:
1. Command Group
- Chief, BJMP
- Deputy C/BJMP
- Chief of Staff
2. Coordinating Staff Groups
- Administrative Division
- Operations Division
- Logistics Division
- Finance Management Division
- Research Plans and Programs Division
- Inspection and Investigation Division
3. Special Staff Groups
- General Services Unit
- Health Services Unit
- Chaplain Services Unit
- Community Services Unit
- Finance Services Unit
- Hearing Office
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 4. Personal Staff Groups
- Aide-de-Camp
- Intelligence Office
- Public Information Office
- Legal Office
- Adjudication Office
- Internal Audit
Regional Office:
At the Regional Level, each Region shall have a designated
Assistant regional Director for Jail management and Penology.

Provincial Level:
In the Provincial Level, there shall be designated a Provincial Jail
Administrator to perform the same functions as the ARDs province wide.

District Office:
In the District Level, where there are large cities and
municipalities, a district jail with subordinate jails, headed by a District
warden may be established as necessary.

City and Municipal Office:

In the City and Municipal level, a city or municipal Warden shall head
each jail.

Rank Classification of the BJMP:

RANK POSITION/TITLE APPOINTING AUTHORITY

Director Chief of the BJMP Secretary of DILG

C/ Supt. Deputy C/BJMP same
Sr. Supt. Regional Dir. same
Supt. Asst. Regional Dir. C/of the BJMP
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Chief Insp. Warden same
Sn. Insp. Warden same
Inspector Warden same
SJO 4 to Jail Guards Regional Dir.
JO1

Duties and Responsibilities:

A. WARDEN
- Direction, Coordination, and Control of the Jail
- Responsible for the:
* Security, safety, discipline and well being of inmates
- The office of the warden may organize the following units:
1. Intelligence and Investigation Team
– It gathers, collates and submits intelligence information to
the office of the warden on matter regarding the jail condition.
2. Jail Inspectorate Section
- Inspect jail facilities, personnel, and prisoners and submit
reports to the warden.
3. Public Relation Office
- Maintain public relation to obtain the necessary and adequate
public support.

B. ASSISTANCE WARDEN
- The office of the Assistant Warden undertakes the development of a
systematic process of treatment.
- Chairman of the Classification Board and Disciplinary Board.

C. ADMINISTRATIVE GROUPS
The administrative groups take charge of all administrative functions of
the jail bureau.
1. Personnel Management Branch
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 - Assignment of personnel
- Procedures of selection
- Preparation of personnel reports
- Individual record file
2. Records and Statistics Branch
- Keep and maintain booking sheets and arrest reports
- Keep an orderly record of fingerprints and photographs
- Present/ Prepare statistical data of inmates
3. Properties and Supply Branch
- Take charge of the safekeeping of equipments and supplies and
materials needed for the operation of the jail.
4. Budgets and Finance Branch
- Take charge of all financial matters such as budgeting, financing,
accounting, and auditing.
5. Mess Service Branch
- Take charge of the preparation of the daily menu, prepares and
cook the food and serve it to inmates.
6. General Service Branch
- Responsible for the maintenance and repair of jail facilities and
equipments. It is also task with the cleanliness and beautification
of the jail compound.
7. Mittimus Computing Branch
- Tasked to receive court decisions and compute the date of the
Full completion of the service of sentence of inmates.

Mittimus – is a warrant issued by a court directing the jail or prison

authorities to receive the convicted offender for the service of sentence
imposed therein or for detention.

D. SECURITY GROUPS:

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 - The security groups provides a system of sound custody, security and
control of inmates and their movements and also responsible to enforce prison
or jail discipline.
1. Escort Platoon
a) Escort Section – to escort inmate upon order of any judicial
body; upon summon of a court; or transfer to other penal
institutions.
b) Subpoena Section – receives and distribute court summons,
notices, subpoenas, etc.
2. Security Platoon – a three (3) working platoon shifts responsible for
over all security of the jail compound including gates, guard posts and towers.
They are also responsible for the admitting and releasing unit.

E. REHABILITATION PURPOSES GROUPS:

- This group provides services and assistance to prisoners and their
families to enable them to solve their individual needs and problems arising
from the prisoners’ confinement.
1. Medical and Health Services Branch
- Provides medical and physical examinations of inmates upon
confinement, treatment of sick inmates and conduct medical and physical
examinations and provide medicines or recommends for the hospitalization of
seriously ill prisoners or inmates. It also conducts psychiatric and psychological
examinations.
2. Work and Education Therapy Services
- It take charge of the job and educational programs needed for
rehabilitation of inmates by providing them job incentives so they can earn and
provide support for their families while in jail.
3. Socio- Cultural Services
- It takes care of the social casework study of the individual
prisoners by making interviews, home visits, and referral to community
resources, free legal services, and liaison works for the inmates.
4. Chaplain Services
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 - It takes charge of the religious and moral upliftment of the
inmates through religious services. This branch caters to all religious sects.
5. Guidance and Counseling Services
- Responsible for the individual and group counseling activities to
help inmates solve their individual problems and to help them lead a
wholesome and constructive life.

THE RECEPTION AND DIAGNOSTIC CENTER (RDC)

This is a special unit of prison (Camp Sampaguita) where new prisoners
undergo diagnostic examination, study and observation for the purpose of
determining the programs of treatment and training best suited to their needs
and the institution to which they should be transferred.

It is composed of the following staff members:

1. The Psychiatrist – responsible in the examination of the prisoner’s mental

and emotional make-up.
2. The Psychologist – responsible to conduct study on the character and
behavior of the prisoners.
3. The Sociologist – study the social case situation of the individual prisoner.

4. The Educational Counselor – conducts orientation classes in order to

change inmates’ attitude towards education and recommends educational
program for the prisoner.
5. The Vocational Counselor – to test the prisoner’s special abilities, interest
and skills and recommends for the vocational course best suited to the
prisoner.
6. The Chaplain – encourage the prisoner to participate in religious activities.
7. The Medical Officer – conducts physical examination and recommends
medical treatment of prisoners.
8. Custodial-Correctional Officer – recommends the transfer and type of
custody of inmates.
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THE QUARANTINE CELL OR UNIT
This may be a unit of the prison or a section of the RDC where the
prisoner is given thorough physical examination including blood test, x-rays,
vaccinations and immunity. This is for the purpose of insuring that the prisoner
is not suffering from any contagious disease, which might be transferred to the
prison population.

ADMISSION PROCEDURES IN PRISON

1. RECEIVING – the new prisoner is received at the RDC. The new
prisoner usually comes from a provincial or city jail where he was immediately
committed upon conviction by the court, and escorted by the escort platoon
during his transfer to the National Prison.
2. CHECKING OF COMMITMENT PAPERS – the receiving officer checks
the commitment papers if they are in order. That is, if they contain the signature of the
judge or the signature of the clerk of court, and the seal of the court.
3. IDENTIFICATION – the prisoner’s identity is established through the
picture and fingerprint appearing in the commitment order. This is to insure that
the person being committed is the same as the person being named in the
commitment order.
4. SEARCHING – this step involves the frisking of the prisoner and
searching his personal things. Weapons and other items classified as
contraband are confiscated and deposited to the property custodian. Other
properties are deposited with the trust fund officer under recording and receipts.
5. BRIEFING AND ORIENTATION – the prisoner will be brief and
oriented on the rules and regulations of the prison before he will be assigned to
the RDC or the quarantine unit.

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ORIENTATION PROCEDURES IN PRISON
Orientation takes place with in the first few days in the center which
consist in:
1. Giving the prisoners a booklet of rules and regulations and explaining
the rules to them.
2. Conducting group meeting of the center to explain to the inmates the
available treatment programs and the purpose of these treatment programs.
3. Holding sessions with the members of the Center’s staff to explain
what the inmates should do in order to profit most from their experiences.

THE TREATMNENT PROGRAMS

The Philippine Prison System adopted two approaches in treating criminal offenders.
These are the Institution-Based Treatment Programs and the Community-Based Treatment
programs.
These programs aimed towards the improvement of offenders attitude and philosophy
of life, the main goal being the ultimate rehabilitation of offenders by changing inmates attitude.

A. The Institutionalized Treatment Programs

1. Prison Education – the cornerstone of rehabilitation. It is the process
or result of formal training in school or classrooms intended to shape the mind
and attitude of prisoners towards good living upon their release.
• The first legal recognition of education in prison was in 1847,
New York Reformatory.
Objective of Prison Education:
a. To return the prisoner to society with a more wholesome
attitude towards living,
b. To conduct themselves as good citizens,
c. To give them knowledge and develop their skills to maintain
themselves and their dependents through honest labor.

Classes of Prison Education

1. General and Academic Education

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 - the objective of which is to eradicate illiteracy among
prisoners. This could be the best contribution of correctional
system can offer to society.
2. Vocational Education
- Institutional maintenance works and industrial projects.
- The purpose of which is to provide prisoners necessary
skills for successful works in a socially acceptable occupation after their
release.
Courses may include:
- Radio Mechanics, Auto Mechanics, Horticulture,
- Shoemaking, Tailoring, Carpentry, Electronics, etc.
3. Physical Education – designed for those who have physical
disabilities.

2. Work Programs – these are programs conducive to change behavior

in morale by training prisoners for a useful occupation. It is purposely to
eliminate idleness on the part of prisoners, which may contribute to “Prison
stupor”, and it affects the incidence of Prison riot.

Classification of Prison Work Programs:

1. Educational Assignments - prisoners maybe assigned to either

general education, vocational or physical education.
2. Maintenance Assignment – this assignment involves labor
related to care and up keeping of the institution properties.
3. Agricultural and Industrial Assignments
4. Unassignable – Prisoners who are nearly to leave the
institution, awaiting transfer, those in disciplinary status, and those who are
chronically ill with mental disabilities are considered unassignable prisoners.
Female prisoners shall be assigned to work on jobs
suitable to their age, sex and physical conditions. Prisoners over 60 years of
age may be excused from hard work.
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 3. Religious Services in Prison
- The purpose of this program is to change the attitudes of
inmates by inculcating religious values or belief.
Function of Chaplain:
1. Conduct communion and confession to inmates,
2. Conduct religious ministry such as preaching the Bible,
3. Conduct private and personal counseling in the form of inmate
interview.
4. Other chaplaincy services.

Administrative Function of the Chaplain:

1. Member of the RDC staff,
2. Member of the Classification Committee,
3. Render Evaluation to the BPP.

4. Recreational Programs
- The only program that is conducted during free time schedule.
Objectives:
1. Mental and Physical Development
2. Help prisoner to become aware of their individual conditions to
provide them a method of improvement.
3. Development of cooperative competitions,
4. Arouse the interest of the prisoners in recreational programs.
Activities may include:
Athletics/ sports, music and arts, social games,
special activities on special events, etc.

5. Medical and Health Services

Medical and health services includes:
1. Mental and physical examination
2. Diagnosis and treatment
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 3. Immunization
4. Sanitary inspections
5. Participation in training

6. Counseling and Casework

Objectives of Counseling:
1. Immediate solution of specific personal problem,
2. Help inmates to increase self-understanding,
Objectives of Casework:
1. To obtain clear description of social history,
2. Solving immediate problems involving family problems or other
personal relationship,
3. Assist inmates towards acceptable solutions,
4. Support inmates, who are nearly release by giving them
guidance or information,
5. Professional assistance to offenders on probation or parole.

B. Community-Based Treatment Programs

Community-Based Treatment Programs are those programs that are

intended to treat criminal offenders within the free community as alternatives to
confinement. It includes all correctional activities directly addressed to the
offender and aimed at helping him to become a law-abiding citizen.

Basic Principles Underlying the Philosophy of Community-Based TPs

1. Humanitarian Aspect
Imprisonment is not always advisable. Placing a person to
custodial coercion is to place him in physical jeopardy, thus drastically
narrowing his access to sources of personal satisfaction and reducing his self-
esteem.

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 2. Restorative Aspect
There are measures expected to be achieved by the offender,
such as an establishment of a position in the community in which he
does not violate the laws. These measures may be directed at changing
and controlling the offender. The failure of the offender to achieve these
can result in recidivism.
3. Managerial Aspect
Managerial skills are of special importance because of the sharp
contrast between the per capital cost of custody and any kind of
community program. It is easier to manage those undergoing community
based treatment programs than that of custodial control.

Forms of Community-Based Programs

1. PROBATION – It is a disposition whereby 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.
Probation is a substitute for imprisonment; the probationer is compared
to an outpatient, a sick person who does not need to be hospitalized because
his illness is considered less serious.
Presidential Decree 968 otherwise known as the “Philippine Probation Law” was
approved and took effect on July 24, 1976. Section 18, PD 968 as amended states the creation
of Probation Administration under the DOJ, which shall exercise general supervision over all
probationers.

The Advantages of Probation

1. The convicted criminal offender can continue to work in his place of
employment.
2. It prevents the tendency of broken homes.
3. It relieves prison congestion.

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2. PAROLE
Parole is the process of suspending the sentence of a convict after
having served the minimum of his sentence without granting him parole and
prescribing the terms upon which the sentence shall be suspended. (Cirilo
Tradio).
It is a procedure by which prisoners are selected for release and a
service by which they are provided with the necessary controls, assistance and
guidance as they serve the remainder of their sentence in the free community.
(Charter and Wilkins).
It is a form of conditional release that is granted after a prisoner has
served a portion of his sentence in a correctional institution. (Barnes and
Tellers).

It is a decision by an authority constituted accordingly by statute to

determine the portion of the sentence, which the inmate can complete outside
of the institution. It is the status of serving the remainder of the sentence of a
convict in the community in accordance with the rules and regulations set-up by
the Board of Parole. (Correctional and Parole Administration). * Parole is
not a reward per se for good behavior but rather, it is a follow-up of his
institutional program.
* Parole is not claimed as a right but it is granted by the Board as a
privilege to a qualified prisoner.
The Board of Pardons and Parole (BPP)
A quasi-judicial body which was created under Act no. 4103 otherwise
known as the Indeterminate Sentence Law or the Parole Law, the agency that
grants parole to any prisoner who is qualified to enjoy its benefit.
It employs the service of Parole Officers in providing supervision and
guidance to parolees.

Organization of the BPP:

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 The chairman is the Secretary of DOJ. Four members are appointed by
the president with the consent by the Commission on Appointments to serve a
term of six (6) years. One must be trained Sociologist, a Clergy or an Educator,
a Psychiatrist or any other member qualified by training or experience. At least
one is a woman.

Who are disqualified for Parole?

1. Those prisoners who are sentenced with capital punishment or life
imprisonment,
2. Those who are convicted of treason, conspiracy or proposal to commit
treason, misprision of treason, rebellion, sedition or piracy,
3. Habitual Offenders,
4. Those who escaped from confinement or evaded sentence,
5. Those who have been granted with conditional pardon but violated the
terms and conditions thereof, and
6. Those prisoners who are serving a maximum term of imprisonment
not exceeding one year.

3. CONDITIONAL PARDON
Conditional pardon serves the purpose of releasing, through executive
clemency, a prisoner who is already reformed or rehabilitated but who cannot
be paroled because the parole law does not apply to him.
It is a kind of pardon under which a convict is required to comply with
certain requirements.
The Pardonee is given the same set of rules or conditions as the
parolee. Among the conditions usually imposed on pardonees and parolees are
the following:
1. That he shall live in his parole residence and shall not change his
residence during the period of his parole with out consent of the Board of
Pardons and Parole.
2. That he shall report to the Municipal Judge of the town where he will
reside or to such officer as may be designated by the Executive Officer of the
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Board of Pardons and Parole once a month for the first year and thereafter
once every two moths or as often as he may be required by the Parole Officer.
3. That he shall not indulge in any injurious habits and shall avoid places
or persons of disreputable or harmful character.
4. That he shall permit the Provincial PNP Director, any officer
designated by the PNP or Executive Officer of the Board to visit him at
reasonable times at his place of abode or elsewhere and shall truthfully answer
any reasonable inquiries concerning his conduct or conditions.
5. That he shall not commit any crime and shall conduct himself in an
orderly manner.
6. That he shall pay not less than P50.00 a month to the cashier of the
DOJ in payment of the indemnity imposed upon him.
7. That he shall comply with such orders as Board or its Executive
Officer may make from time to time.

Distinction of Parole from Probation

Parole: Probation:

1. An administrative function exercised 1. It is a judicial function

by the executive branch of government

2. Granted to a prisoner only after he 2. Granted to an offender

has served minimum of his sentenced. Immediately after conviction
in prison ( w/in 15 days after the decision was
rendered)
3. It is an extension of institutional 3. It is a substitute for
imprisonment.
treatment program.

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4. It is granted by the BPP 4. It is granted by the court
5. Parolee is supervised 5. Probationer is supervised
by a Parole Officer by a Probation Officer.

Forms of Executive Clemencies

Related to the Treatment of Convicted Individuals

1. Amnesty – a general pardon extended to a group of people, such as political

offenders purposely to bring about the return of dissidents to their homes and to
restore peace and order in the community.
2. Commutation – 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 the
death sentence to a life sentence or life sentence to a term of years. It does not
forgive the offender but merely reduces the penalty pronounced by the court.
Purposes:
1. To break the rigidity of a law,
2. To extend parole in cases where the parole law does not apply,
3. To save the life of a person sentenced to death.
3. Reprieve – a temporary stay of the execution of a sentence especially the
execution of the Death Sentence.
Generally, the reprieve is extended to prisoners sentenced to death. The
date of execution of a sentence is set back several days to enable the Chief to
study the petition of the condemned man for commutation of sentence or
pardon.
4. Pardon – an act of grace extended to prisoners as a matter of right, vested to
the Chief Executive (The President) as a matter of power.
Two Kinds of Pardon
a. Conditional Pardon – a pardon given with requirements attached.
b. Absolute Pardon – a pardon given without any condition attached.
Purposes of Absolute Pardon:
1. To do away with the miscarriage of justice,

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 2. To keep punishment abreast with the current practice of
Criminal Justice Administration,
3. To restore full political and civil rights of offenders who have
already served their sentence and have waited the prescribed
period.

Limitations of the Pardoning Power of the President:

1. Pardon cannot be extended in a case of impeachment.
2. No pardon, parole, or suspension of sentence for the violation
of any election law may be granted without the favorable recommendation of
the COMELEC.
3. Pardon is exercised only after conviction.

Effects of Pardon:
1. A pardon does not restore the right to hold public office or the
right of suffrage, except when such rights are expressly restored by the terms of
pardon.
2. It does not exempt the culprit from payment of indemnity.

Can the Offended Party grant Pardon?

- Yes, the offended party can grants pardon.
The distinction between the pardon by the Offended Party And the Pardon
Granted by the President

1. Pardon granted by the Chief Executive extinguishes the criminal liability of

the offender, but not in the pardon granted by the offended party.
2. Pardon granted by the Chief Executive does not include civil liability, which
the offender must pay, while a pardon granted by the offended party can waive
the civil liability, which the offender must pay.
3. Pardon granted by the offended party should be given before the prosecution
of the criminal action, whereas a pardon by the Chief Executive may be
extended to any of the offenders after conviction.
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The distinction between Amnesty and Pardon

Pardon – includes any crime and is exercised individually by the President. It is

exercised when the person is already convicted. It looks forward and forgives
the offender from the consequences of an offense of which he has been
convicted that is it abolishes or forgives the punishment.
Amnesty – a general pardon extended to a class of persons or community who
may be guilty of political offenses. It may be exercised even before trial or
investigation. It looks backward and puts into oblivion the crime that has been
committed. The President proclaims it with the concurrence of Congress.

Supervision of Offenders in
Community-Based Treatment Programs
The Parole and Probation Administration (PPA)

The PPA is mandated by law to administer the Probation and Parole

System. It is the agency of the government that supervises 1) Probationers, 2)
Parolees, and 3) Pardonees.

It is also authorized by law to employ citizens of good repute and probity

to act as Volunteer Probation Aids (VPA) whose role is to assist Probation
Officers in the supervision of probationers and parolees.
The Volunteer Probation Aids (VPA)

INSTITUTIONAL CUSTODY, SECURITY AND CONTROL

I. Diversification: Concept and Importance

Diversification is an administrative device of correctional institutions of providing varied

and flexible types of physical plants for the more effective custody, security and control of the
treatment programs of its diversified population.
Diversification is the principle of separating homogenous type of prisoners that requires
special treatment and custody. Separation can be done through proper classification of inmates.
35
 How Diversification is carries out?
It can be done either building special institution for different classes of prisoners
through proper segregation of inmates that is big institutions can be broken into smaller units.

Aims of Diversification:
1. More effective execution of the treatment programs,
2. To prevent prisoners from moral and physical contamination
of one group by another,
3. To prevent unnecessary custodial risks.

Factors Considered in Diversification:

1. Age – Prisoners who are 18 years old and below should be segregated from the
older groups to prevent the youthful offenders from becoming hardened criminals.
2. Sex – Females and males are separated away in a separate institution.
3. Medical or mental Conditions – Mentally ill, sexually deviates physically handicapped
and hospital patients need to be segregated from the prison population because each group
needs a special kind of treatment.
4. Degree of Custody – is the most used factor for diversification that is the extent of
strict keeping necessary for the person in confinement.

II. The Classification Process

Classification is a method by which diagnosis; treatment planning and execution of the

treatment programs are coordinated in the individual case study. It is a process of determining
the needs and requirement of prisoners for assigning them to programs according to their needs
and existing resources.

Four (4) Separate but Coordinated Classification Procedure:

1. Diagnosis – Prisoner’s case history is taken and his personality is being studied
through examination and observations.
2. Treatment Planning – It is the formulation of tentative treatment programs suited for
the prisoner.
3. Execution of the Treatment Program - It is the application of the treatment programs
and policies by the classification committee.
4. Re-classification – Treatment program is kept current with the inmates changing
needs.

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 The Classification Board for Jails:

Organization:
Chairman – Assistant Warden
Members: Chief Security Officer
Medical Officer
Chaplain
Social Worker

The task of the Classification Board:

Gathering and collating information from the prisoner's case study

Purpose of the Classification Process:

To determine the work assignment, type of supervision, and custody that will be
applied to the prisoners

Contents of the Case Study:

1. Facts and data of the present case
2. Criminal history
3. Biography
4. Physical conditions
5. Vocational interest, competence, and experiences
6. Education and religious background
7. Psychological characteristics
8. Diagnostic examination
9. Initial reaction to counseling or group therapy

III. PRISON Security, Custody, and Control

Security – It involves safety measures to maintain orderliness and discipline

within the jail or prison.
Prison Discipline – is the state of good order and behavior. It includes
maintenance of good standards of work, sanitation, safety, education, health,
and recreation. It aims at self-reliance, self-control, self-respect, and self-
discipline.

37
 Preventive Discipline – is the prompt correction of minor deviations
committed by prisoners before they become serious violations.
Control – It involves supervision of prisoners to ensure punctual and
orderly movement from one place work program or assignment to another.
The control Center – is a centrally located and elevated facility

Aims of Institutional Security and Control:

1. Prevention of Escapes
2. Control of Contrabands
3. Maintenance of good order
* Contraband – is anything that is contrary to prison/jail rules and
regulations.

Essential Requisites for Sound Custody, Security, and Control:

1. Adequate system of classification of prisoners
2. Regular inspections
3. Adequate system of counting
4. Written set of rules of control and safety precautions
5. Plan for the control of contraband and equipment
6. Keying system
7. Emergency plans

Important Security Rules:

1. Strict control of firearms
2. 24 hours supervision, at least 4 x counting
3. Key control
4. Anti-riot equipment and armory
5. Proper use of all tools and other potentially dangerous articles
6. Frequent inspection
7. Open quarter in-group guards
8. Exercise authority, supervision and control over a prisoner.
38
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 with all matters pertaining to the
custody of the Prisoners and the security of the institution.

Composition:

Headed by:
Chief Security Officer usually with the rank of Insp. to
Senior Inspector
Assisted by:
Security Officers – Commanding Officers
Supervising Prison Guards – supervise groups of guards details of
several posts
Senior Prison Guards – take charge of squad or escort guards
assigned to important posts such as the control gates.
Prison Guards – lowest in rank assigned to sentinel post such as
Guard houses and gates.

Functions of the Custodial Division:

1. Supervision of prisoners
2. Maintain order and discipline
3. Inspection and Security
4. Escort
5. Keep Records

IV. Operational Plans in Jails or Prisons (Security and Controls)

Emergency Plans:

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 1. Fire Crews should be organized, consisting of trained personnel, to
man available resources for emergency situation such as fire incidents.
2. The fire crew shall immediately respond to the scene to put off the fire
while other personnel shall station themselves according to emergency plans of
the jail or prison.
3. Special group of inmates may be selected to form another group and
should be separately housed in close proximity to the fire truck and other
equipments, they should be issued uniforms different from ordinary inmates so
that they can be checked and identified easily if it becomes necessary to go
outside the main compound.
4. The jail personnel not assigned with the fire crew shall be given
specific assignments on what to do in case of fire or conflagration.
5. In case of fire, at the first sign of the fire, the control center shall
immediately sound a pre-arranged alarm. At the same time crews shall
immediately call the fire department or police headquarters and other units that
could help in putting out the fire and or evacuation of prisoners.
6. The desk officer or the officer in charge of the keys of the storage
place of fire fighting, emergency gates and other gates of the different brigades
should distribute the keys to the responsible personnel concerned.
7. All inmates should be required to help in the putting out of the fire
using the water and in drums and cans, the fire fighting equipments and fire
extinguishers and such other things readily available.
8. Government records shall be evacuated to a safe place according to
priority and should be under proper guards.
10. If it is necessary to evacuate inmate population, they should be
evacuated in an orderly manner using close vans and other vehicles or by any
other means to pre-arranged buildings or detention centers for their safe and
temporary confinement.
11. First aid shall be administered to injured inmates, an institutional
wide count of inmates should be made, and security check shall immediately
follow.
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 Plans in case of Jailbreaks and Escapes:

1. When a jailbreak, escape or riot is in progress or has just been

perpetrated, the officer at the control center shall immediately sound the alarm.
2. At the first sound of the alarm, all prisoners shall be locked in their
respective cells while those in work details shall marched in orderly manner to
their cells.
3. All jail personnel, custodial or non-custodial, shall make themselves
available for emergency deployment. The desk officer or shall issue firearms to
members of the custodial force who shall be immediately dispatched to
strategic posts according to plans.
4. Personnel assigned to essential maintenance posts such as the
powerhouse, kitchen, hospitals, fire station, maybe required to help in the
counting of inmates.
5. A simultaneous institution wide count shall be made to determine the
number of inmates who escaped and their identity.
6. If the identities of the escapees have been established, their names
and other personal circumstances shall immediately flashed to all units of the
district, station or sub-station and the police HQ shall be notified.
7.Radio stations, TV stations and other news media shall also be
notified for public information in order to gain possible help in capturing the
fugitives.
8. Recovery teams shall be formed to proceed to all possible hideouts,
residence and houses of relatives and friends for immediate recapture.
9. In case of mass jailbreak, all members of the custodial force shall be
immediately issued firearms and assigned to critical posts to plug off the
escapees’ route.
10. If any officer or member shall be held as hostage, reasonable caution
to insure the safety of the hostage. It is better to give into the demands of the
jail breakers if possible than to place the lives of the personnel in jeopardy.

41
 11. If the warden is taken as the hostage, for all intents and purposes, he
ceases to exercise authority and the next in command or the most senior officer
present shall assume the command.
12. If there are no hostages and the prisoners who are still inside the jail
compound continue to defy orders given by the prison authorities, the basic
plans for riots or disturbances shall be made.
13. When information is received that escapees are in a certain area, it is
well to maintain groups in that area to apply continuous pressure in order to
force the escapees in movements.
14. An investigation shall be conducted to determine any flaws in the
security plan for possible correction to be submitted to higher authorities.

Plans for Violent Disturbances and Riots:

1. Lock inmates to proper quarters.

2. If during the visitor’s period, all visitors shall be immediately ushered
out for security.
3. All members of the security group shall be available for necessary
actions.
4. Control Center and communication lines for emergency calls shall be
checked for readiness.
5. Armorer should make immediate preparation for anti-riot equipment.
6. Custodial Force is grouped into three teams namely:
a. 1st group - Initial anti-riot assault team
b. 2nd group - Backup force
c. 3rd group - Snipers
7. Conduct Post-Riot Procedures:
a. First aid to injured persons
b. Wide count
c. Leaders segregation
d. Check the security of the institution
e. Investigation
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 f. Repair of damages
g. Measures of prevention against any repetition.
h. Submit reports.

Plans for other Emergencies:

The following shall be available and ready at all times within jail/prison:

1. Alarm system
2. Roles of specific individuals
3. Security
4. Procedures of evacuation
5. Guidelines for emergency cases

V. Disciplinary Board in Jails:

The Disciplinary Board for jails is a board that is organized and

maintained within our local jails for the purpose of hearing disciplinary cases
involving violations of jail rules and regulations by the inmates.

The Disciplinary Board is the authority that can impose disciplinary

punishments such as:

1. Reprimand
2. Temporary or permanent cancellation of privileges in jails (visiting
privileges, recreational privileges, and other privileges).
3. Extra-fatigue duty or assignment to a disciplinary squad for manual
labor.
4. Close confinement in a cell or solitary confinement, which shall not
exceed seven days in any calendar month. This punishment shall be imposed
only in the case of an incorrigible inmate when other disciplinary measures had
been proven ineffective.
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 5. Transfer to other penal institutions
6. Loss of good conduct time allowance.

Types of reports that may initiate Disciplinary Action

1. Behavior Report – reports that include both bad attitudes as well as

exceptionally good work habits. This is intended to call the attention to the
inmates’ acts such as lack of self-control.

2. Misconduct Report – it carries every violation of laws or rules. Every

case shall include an investigation and be heard by the Board.

Composition of the Disciplinary Board

1. Chairman : Assistant Jail Warden

2. Members : Chief Security Officer
: Medical/ Health Officer
: Jail Chaplain
: Social Worker or the Rehabilitation Officer

If the above composition is not feasible because of personnel

limitations, the Jail Warden may perform the function of the Board Summary
Hearing Officer.

Duties and Functions of the Disciplinary Board

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

Limitations of Punishments Imposed to Offers

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 General Rule is “ Every violation of jail/prison discipline shall be dealt
with accordingly. In extreme cases, where the violation necessitates immediate
action, the warden or the Officer of the Day may administer the necessary
restraints and reports the action taken to the Disciplinary Board.”

Under section 3, par. D, Rule XIV of the BJMP Manual states the limitations of
punishments imposed on offenders as:

1. No female offender shall be subjected to any disciplinary punishment that may affect
her unborn or nursing child.

2. No handicapped offender shall be made to suffer a punishment that might affect his
health or physical well-being.

3. Corporal punishment, confinement in dark, ill-ventilated cells, and any other form of
cruel, unusual, inhumane, or degrading punishment are absolutely prohibited.

4. Whenever the penalty of extra-fatigue duty or solitary confinement imposed affects

the health of the offender, a medical examination shall be conducted to determine his physical
fitness to serve his punishment.

5. The jail physician shall visit the inmate undergoing punishment when necessary and
shall advise the warden if he recommends the termination of the punishment on grounds of
physical and mental health.

* Instruments of restraint such as handcuffs, leg iron, and straight jacket are not to be
applied as a form of punishment. They shall only be used as a precaution against escape or on
the ground of medical precautions to prevent the offender from injuring himself or others.

* Breaches of Discipline must be handled without anger or emotionalism and

decisions must be executed firmly and justly.

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 Procedures in the Hearing of Disciplinary Boards

1. The aggrieved inmate informs or notifies any member of the custodial

force of the violation. The latter, in return, officially reports the matter to the
Desk Officer. If one of the jail employees knows the violation committed by the
offender, a brief description of the circumstances surrounding all facts relative
to the case must be made.

2. The Desk Officer simultaneously informs the Jail Warden and

immediately initiates the investigation. He then submits his reports to the
Warden together with his recommendations.
3. The Warden evaluates the reports and if he believes that there is no
sufficient evidence to support the alleged violation, he may dismiss the case.
And if he believes that there exists sufficient evidence, he may decide the case
and impose the necessary penalty in the case of minor violations. If the case is
less grave or grave, he endorses it to the Board for investigation and hearing.

4. The offender should be confronted with the reported violation and

asked how he pleads to the charge. If he admits the violation or pleads guilty,
the Board shall impose the corresponding punishment.

5. If the offender denies the charge, the hearing should commence with
the presentation of evidence and other witnesses by the Desk Officer. The
offender is given the opportunity to defend himself by his testimony and those of
his witnesses if any and to present other evidence to prove his innocence.

6. After the hearing, the Board decides the case based on the merits.

7. Whether the offender is found guilty or not, he should be advised to

obey the rules and regulations strictly. The offender should be reminded that
good behavior is indispensable for his early release and or the granting of
privileges.
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 8. Decisions of the Board or the Summary Hearing Officer are subject to
review and approval of the Warden and/or other higher authority. The offender
may request a review of the findings of the Board or the Summary Hearing
Officer and the propriety of the penalty to the Central Office of the BJMP, whose
decision shall be final.

VI. Punishable Acts Jails

A. Minor Offenses

1. Bartering of items not classified as contraband

2. Rendering personal services to fellow offenders
3. Littering
4. Making groundless complaints
5. Late in the formation or duty without justifiable reasons
6. Willful waste of food

B. Less Grave Offenses

1. Failure to report for work detail without sufficient justification.

2. Failure to render assistance to injured personnel or inmate.
3. Failure to assist in putting out fires in case of a fire incident.
4. Cursing or using profane or defamatory language directed personally
towards other persons.
5. Malingering or reporting for sick calls to escape work assignments.
6. Failure to give due respect when confronted by or reporting to any
member of the custodial force.
7. Forcing fellow inmates to render personal services to themselves or to
others.
8. Exchanging uniforms or wearing clothes other than those issued to
him for the purpose of circumventing jail rules.
9. Loitering or being in an unauthorized place.
10. Using the telephone without authority from the Desk Officer/Warden.
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 11. Vandalism
12. Withholding information that is prejudicial to jail administration.
13. Possession of lewd or pornographic materials.
14. Absence from cell brigades or place of work during head counts
without justifiable reasons.
15. Failing to turn over any equipment/ article issued after the work
detail.
16. Committing any other acts prejudicial to good order and discipline.

C. Grave Offenses

1. Making untruthful statements or lies in official communications,

transactions or investigation.
2. Keeping or concealing of keys.
3. Bartering of items that are classified as contrabands.
4. Keeping of prohibited articles or items (Contraband).
5. Tattooing or keeping paraphernalia used in tattooing.
6. Forcibly taking or extracting money from fellow inmates.
7. Inflicting injury or harms to other inmates.
8. Receiving or keeping liquor or prohibited drugs.
9. Keeping or improvising deadly weapons.
10. Attempted escapes
11. Helping, aiding or abetting others to escape.
12. Unruly conduct or behavior and flagrant disregard of discipline and
instructions.
13. Indecent, immoral or lascivious acts by himself or to others or
allowing himself to be subject of such lascivious or immoral acts.
14. Fighting, causing or participating in any disturbances such as riot.
15. Willful disobedience to a lawful order by an officer or member of the
custodial force.
16. Assault

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 17. Gambling
18. Committing any other acts in violation of law, rules and regulations
inside the jail or prison.

TREATMENT OF SPECIAL OFFENDERS

Special Offenders includes women offenders, drug addicts, alcoholics,

mentally ill persons, and sex deviates.

Under Rule 15 of the BJMP Manual, it states that unusual offenders

should not be held in jails or prison with the common jail/prison population.
They should be segregated with other institutions as their temporary detention
houses. However special methods of treatment shall be made such as the
following:

A. Female Offenders:

1. The women’s quarter should be fully separated from the men quarters
and no men shall be allowed to enter the women’s quarter.
2. Female jail staff members must do all handling and supervision of
female prisoners.
3. Only works suitable to their sex, age and physical conditions should
be assigned to them.

B. Drug Addicts/ Alcoholics/ Sex Deviates and Mentally-ill Inmates:

1. Segregation
2. Close supervision
3. Special treatment/ medications shall be made by the medical officer.
4. Measures should be taken to enable the offender to follow strictly the physician’s
advice.

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 5. Constant search must be conducted to the quarters or cells for
seizure of narcotics and other dangerous drugs, and liquor.
6. Transfer of the inmate to the appropriate government or private
authority for their special treatment.
7. All other measures of supervision and control of these offenders.

ALTERNATIVE TO JAIL CONFINEMENT

1. Segregation of special offenders to other institutions rather than

putting them to jail or prison,
2. Payment of fine
3. Extensive use of probation
4. Bail
5. Diversification
6. Delayed sentence

PRE-RELEASE TREATMENT OF OFFENDERS

It is a program specifically designed and given to a prisoner, during a

limited period, prior to his release from prison, in order to give him an
opportunity to adjust himself from the regimented group life in prison to the
normal, independency life of a free individual.

Special Pre-release Programs

1. Special Information sessions

2. Granting the prisoner a greater freedom inside the institution
3. Group and individual counseling
4. Transfer of prisoner from a close to an open institution
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 5. Minimum degree of supervision

PENAL PROVISIONS ON CORRECTION

I. Philippine Correctional Philosophies and their Legal Basis

A. The Philippine Constitution of 1987

1. The state values the dignity of every human person and guarantees
full respect for human rights. (Sec 11, Art. II)

2. No person shall be detained solely by reason of his political beliefs

and aspirations. (Sec 18 (1), Art. III)

3. No involuntary servitude in any form shall exist except as a

punishment for a crime whereof the party shall have been fully convicted. (Sec.
18 (2), Ibid.)

4. Excessive fines shall not be imposed, nor cruel, degrading or inhuman

punishment inflicted. x x x (Sec. 19 (2). Ibid.)

5. The employment of physical, psychological, or degrading punishment

against any prisoner or the use of substandard or inadequate penal facilities
under subhuman conditions shall be dealt by law.
(Sec.19 (2), Ibid.)

B. The Revised Penal Code

“No felony shall be punishable by any penalty not prescribed by law prior
to its commission”. (Art. 21, RPC)

C. The Philippine Probation Law (P.D. No. 968)

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 x x x one of the major goals of the government is to established a more
enlightened and humane correctional system that will promote the reformation
of offenders and thereby reduce the incidence of recidivism.

x x x the confinement of all offenders in prisons and other institutions

with rehabilitation programs constitutes an onerous drain on the financial
resources of the country.
x x x there is a need to provide a less costly alternative to the
imprisonment of the offenders who are likely to respond to individualized,
community-based treatment programs.

D. Rules for the Treatment of Prisoners (DOJ, Jan 7, 1959)

1. The purpose of committing a prisoner to prison is two-fold:

a. To segregate from society a person who by his acts has proven
himself a danger to the free community;
b. To strive at the correction or rehabilitation of the prisoner with
the hope that upon his return to society he shall be able to lead a normal well
adjusted and self supporting life as a good and law abiding citizen.

2. There is no man who is all bad and there is something good in all
men. (Art. I)

II. Penal Provisions

Delay in the Delivery of Detained Persons to the Proper Judicial

Authorities.

(Art 125, RPC), A felony committed by a public officer or employee who

shall detain any person for some legal ground and shall fail to deliver such
person to the proper judicial authorities with in the period of:
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 12 hours – for crimes or offenses punishable by light penalties,
18 hours – for crimes or offenses punishable by correctional penalties,
36 hours – for crimes or offenses punishable by afflictive or capital
penalties.

The crime of Arbitrary Detention is committed when the detention of a

person is without legal ground.

The legal ground of detention are : a) commission of a crime and b)

violent insanity or other ailment requiring compulsory requirement.

Delaying Release

This is committed by a public officer or employee who delays for

the period of time specified in Art 125, the performance of any judicial or
executive order for the release of a prisoner or unduly delays the services of the
notice of such order to said prisoner.

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

Elements:
a) The offender is a private individual,
b) He removes a person confined in jail or a penal
institution or helps in the escape of such person,
c) The means employed are violence, intimidation, bribery
or any other means.

The prisoner maybe a detention or sentenced prisoner and the offender

is an outsider to the jail. If the offender is a public officer or a private person
who has the custody of the prisoner and who helps a prisoner under his custody
to escape, the felony is Conniving with or Consenting to Evasion (Art. 223) and
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Escape of a Prisoner under the custody of a person not a public officer (Art.
225) respectively.

This offense like other offenses of similar nature may be committed

through imprudence or negligence.

Evasion of Service of Sentence (Art 157-159, RPC)

1. Evasion of Service under Art 157, RPC

Elements:
a) Offender is a prisoner-serving sentence involving
deprivation of liberty by reason of final judgement.
b) He evades the service of his sentence during the term of
his imprisonment.

This felony is qualified when the evasion takes place by breaking doors,
windows, gates, roofs or floors; using picklocks, false keys, disguise, deceit,
violence, intimidation or; connivance with other convicts or employees of the
penal institution. (Jail breaking is synonymous with evasion of sentence).

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

Conflagrations, Earthquakes, or Other Calamities (Art. 158, RPC)

Elements:
a) Offender is a prisoner-serving sentence and is confined
in a penal institution.
b) He evades his sentence by leaving the institution.
c) He escapes on the occasion of a disorder due to
conflagration, earthquake, explosion, or similar catastrophe or mutiny in which
he has not participated, and

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 d) He fails to give himself up to the authorities with in 48
hours following the issuance of a proclamation by the Chief Executive regarding
the passing away of the calamity.

A special time allowance for loyalty shall be granted. A deduction of one-

fifth of the period of the sentence of any prisoner who evaded the service of
sentence under the circumstances mentioned above. The purpose of the law in
granting a deduction of one-fifth (1/5) of the period of sentence is to reward the
convict’s manifest intent of paying his debts to society by returning to prison
after the passing away of the calamity.

Whenever lawfully justified, the Director of Prisons (Bureau of

Corrections) shall grant allowance for good conduct and such allowances once
granted shall not be revoked.

3. Other cases of Evasion of Service of Sentence (Art. 159, RPC)

The violation of any conditions imposed to a Conditional Pardon is a

case of evasion of service of sentence.

The effect of this is, the convict may suffer the unexpired portion of his
original sentence

Infidelity(disloyal) of Public Officers

1. Infidelity in the Custody of Prisoners Through Connivance

(Art.223, RPC)

A felony committed by any public officer who shall consent to the

escape of a prisoner in his custody or charge.
2. Infidelity in the Custody of Prisoners through Negligence
(Art. 224, RPC)
55
 A felony committed by a public officer when the prisoner
under his custody or charge escaped through negligence on his part.

3. Escape of a Prisoner under the Custody of a Person not a Public

Officer. (Art 225, RPC)

Other Offenses or Irregularities by Public Officers

1. Maltreatment of Prisoner (Art. 235, RPC)

Elements:
a) Offender is a public officer or employee,
b) He overdoes himself in the correction or handling of
such prisoner by imposition of punishment not authorized by regulation or by
inflicting such punishment in a cruel and humiliating manner.
The felony of Physical Injuries if committed if the accused does not have
the charge of a detained prisoner and he maltreats him. And if the purpose is to
extort a confession, Grave Coercion will be committed.

III. Good Conduct Time Allowance (GCTA)

Good conduct time allowance is a privilege granted to a prisoner that

shall entitle him to a deduction of his term of imprisonment.

Under Art.97, RPC, the good conduct of any prisoner in any penal
institution shall entitle him to the following deduction from the period of his
sentence:

1. During the first two years of his imprisonment, he shall be allowed a

deduction of 5 days for each month of good behavior.
2. During the third to the fifth years of his imprisonment, he shall be
allowed a deduction of 8 days each month of good behavior.
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 3. During the following years until the tenth years of his imprisonment, he
shall be allowed a deduction of 10 days each month of good behavior.
4. During the eleventh and the successive years of his imprisonment, he
shall be allowed a deduction of 15 days each month of good behavior.

REFERENCES

A. FOREIGN
Bartol, C. R. (1985). Criminal Behavior: A Psychological Approach, New
Jersey: Prentice Hall, Englewood Cliffs.

Clear, T.R. and Cole G. F. (1986). American Corrections, California:

Brooks/Cole Publishing Company.

Johnson, R. (1987). Hard Time: Understanding and Reforming the

Prison, Washington: Wadsworth Publishing Company, 2nd Ed.

Samaha, J. (1991). Criminal Justice, San Francisco: West Publishing

Company, Second Edition.

Senna, J. J. and Siegel L. J. (1987). Introduction to Criminal Justice,

San Francisco: West Publishing Company.

B. LOCAL

Gregorio, A.L., (1997). Fundamentals of Criminal Law Review, Rex

Bookstore, Manila, Philippines.

Tradio, C. M. (1986). Introduction to Criminal Justice System:

Philippines, Rex Printing Company, Inc., Manila, Phil.,

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 Tugbo, N. B.(1985). Notes on Corrections, Philippine College of
Criminology, Manila, Phil.

Miguel, E.A. and Argoso L.M. (1998). Compilation on Probation and

Parole Systems in the Philippines, Superprint Lithographics Corp., Naga City,
1st Ed.

The Bureau of Jail Management and Penology (BJMP) Manual, 1994

The Revised Penal Code

Rommel K. Manwong
BS CRIM, MPA

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