CORRECTION
Fourth pillar of Criminal Justice System
CORRECTION (“Penitentiary Science”)
• Is defined as the community’s reaction to a convicted offender. It deals with the
branch of the administration of criminal justice, charged with the responsibility of
custody, supervision and rehabilitation of convicts.
• The weakest link among the 5 pillars.
• It could be Institutional and Non-institutional (community-based program)
Primary and Main Concept of Correction
➢ Protection of society
Latest Concept of Correction
➢ Reformation (to change/improve) and Rehabilitation
Historical Background
➢ When the first system of community organization began to emerge in the Stone Age,
caves were used as holding cells for detention for those who violated the tribal code
until the elders could gather and decide for the punishment to be imposed. When the
punishment has been ascertained, the violators would be released from the caves
and then executed.
➢ CODE OF HAMMURABI- the first formal laws dealing with the imposition of justice in
Babylonia. It has a core principle of justice known as “Lex taliones” or an eye for an
eye and a tooth for a tooth. Oldest Barbaric code.
➢ JUSTINIAN CODE- The Roman emperor put the code into effect. This law became
the standard law in all areas occupied by the Roman Empire particularly in Europe.
➢ BURGUNDIAN CODE- This code introduced the concept of restitution.
➢ GREEK CODE OF DRACO- a harsh code that provided the same punishment for
both citizen and slaves.
➢ GALLEY- from about 14th century until the beginning of the 1th century, galley
slavery was imposed as punishment. Convicted criminals were chained to their oars
in the ship of galley where they will stay for the duration of their sentence but in many
cases their punishment is for life.
➢ HULKS- Prison ship.
➢ GAOLS- Hard for the poor but not for those were wealthy. This was because
prisoners have to pay for their accommodation, food, and the cost of administration
and security.
➢ BRIDEWELL INSTITUTION- This was established as workplace for beggar, vagrants
and prostitute. This was the most popular workhouse in London which was built for
the employment and housing of English prisoner.
➢ WALNUT STREE JAIL- First American penitentiary in Philadelphia.
➢ MAINE STATE PRISON- early Roman place of confinement. Prisoners work in the
mines during day and then their ankles and necks are shackled during night time to
prevent escape.
➢ SING-SING PRISON- The force of icy cold water hitting the head of the offender can
caused so much pain and extreme shocke4d and sudden drop in body temperature
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➢ HOSPICIO DE SAN MICHELLE/ HOSPITAL OF SAINT MICHAEL- emphasized the
rehabilitative concept of the segregation of prisoner and forced to silence to make
him or her contemplate his wrongdoings.
NATURE and TREND of PUNISHMENT
Punishment (Legal sense)
➢ Individual redress or personal revenge. Therefore, it is defined as the redress of the
state against an offending member.
Punishment (General Sense)
➢ It is the infliction of some sort of pain on the offender for violating the law.
Penalty
➢ The suffering that is inflicted by the state for the transgression of the law.
Ancient form of Punishment:
1. Death penalty- this was done by means of burning, boiling in oil, breaking at
the wheel, drowning and whipping.
2. Physical torture- this was called corporal punishment which was affected by
mutilation, maiming and whipping.
3. Social degradation- put the offender to shame and humiliation.
4. Banishment- putting the offender away from his/her place.
Contemporary Forms of Punishment:
1. Imprisonment- putting the offender in prison for the purpose of protecting
the public and at the same time rehabilitating them by requiring the latter to
undergo institutional treatment program.
2. Parole- it is conditional release after the prisoner has serve part of his
sentence in prison under the guidance and supervision of parole officer.
3. Probation- a disposition whereby the defendant after conviction of an
offense that the penalty which does not exceed 6 years imprisonment is
released subjects to the conditions imposed by court and under the
supervision of probation officer.
4. Fines- 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
radius.
Justification of Punishment:
1. Retribution- a personal vengeance.
- An eye for an eye, a tooth for a tooth.
2. Expiation or Atonement- group vengeance
3. Deterrence- punishment gives lesson to the offender by showing to other what would
happen to them if they violate the law.
Kinds of Deterrence
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1. Specific
2. General
4. Protection- by placing the offender in prison, the society is protected from further criminal
depredation.
5. Reformation- society interest can be better served by helping the prisoner become law
abiding citizen and productive upon undergoing to an intensive program of rehabilitation in
prison.
Theories Justifying Penalty
1. Prevention- the state punishes the criminal to prevent or suppress the dander to the state
and to the public arising from the criminal acts of the offender.
2. Self-defense- the state punishes the criminal as a measure of self-defense to protect the
society from the threat and wrong inflicted by the criminal.
3. Reformation- the state punishes the criminal to help him reform or be rehabilitated.
4. Exemplarity- the state punishes the criminal to serve as an example to others and
discourage others to committing crimes.
5. Justice- the state punishes the criminal as an act of retributive justice, a vindication of
absolute right and moral law violated by the criminal.
Judicial Conditions of Penalty
1. Judicial and Legal- penalty must be imposed by the proper authority and by the virtue of
a judgment as prescribed by law.
2. Definite- penalty must be specific and exact.
3. Commensurate- penalty must be proportional to the gravity or seriousness of the crime
committed.
4. Personal- penalty must be imposed to the person who actually committed the crime with
no substitutes.
5. Equal- penalty must be applied to all who committed the offense.
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Prison/Penitentiary and Jail Distinguished.
JAIL PRISON
Defined as a place of confinement for Prison refers to a penal establishment
inmates under investigation or undergoing under the control of the Bureau of
trial or serving short-term sentences. Corrections an agency under the
Department of Justice.
Jails includes:
Provincial- which is administered and
supervised by their respective provincial
governor.
City and Municipal Jails- are administered
and supervised by the Bureau of Jail
Management and Penology.
Both are under the Department of Interior
and Local Government.
History of the Philippine Prison System
During the pre-colonial times, the informal prison was community-based, as there
were no national penitentiaries to speak of. Natives who defied or violated the local laws
were meted appropriate penalties by the local chieftains. Incarceration in the community was
only meant to prevent the culprit form further harming the local residents.
The formal prison system in the Philippines started only during the Spanish regime,
where an organized corrective service was made operational.
The Bureau of Correction was formerly known as the Bureau of Prison (created by
virtue of the Reorganization Act of 1907) Contained in the Revised Administrative Code of
the Philippines under Chapter IV Section 1705 to 1720, otherwise known as Prison Law,
are the procedures for operation. It is headed by Chief to be known as the Director of
Prisons, who shall oversee the administration, supervision, management and control of all
State Prison Institution in the Philippines. The President appoints its head with the
confirmation of Congress through the Commission on Appointment
Although prisons and jails are separate and co-equal entities, the Prison Law
requires the jail should be inspected by the Director of Prisons. This is to ensure compliance
with regulation and standards pertaining to management of offenders. In addition, the
Director of Prisons has acquired supervisory power over jails in the form of recommendation
and advisory function.
Correctional Institutions in the Philippines:
1. SAN RAMON PRISON AND PENAL FARM- (August 21, 1869) established in
Zamboanga City to confine Muslim rebels and recalcitrant political prisoners opposed to
Spanish rule.
SAN RAMON PRISON AND PENAL FARM: According to historical accounts, the San
Ramon Prison was established in southern Zamboanga on August 21,1870 through a royal
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decree promulgated in 1869. Established during the tenure of Governor General Ramon
Blanco (whose patron saint the prison was named after), the facility was originally
established for persons convicted of political crimes.
Considered the oldest penal facility in the country, prisoners in San Ramon were required to
do agricultural work.
During the Spanish-American War in 1898, the prisoners in San Ramon were hastily
released and the buildings destroyed. In 1907, the American administration re-established
the prison farm. In 1912, Gen. John Pershing, chief executive of the Department of
Mindanao and Sulu, classified the institution as a prison and penal colony and therein
confined people sentenced by the courts under his jurisdiction. Under Pershing’s
supervision, several buildings with a capacity for 600 prisoners were constructed. After
several years, the colony became practically self-supporting, with 75,000 coconut trees,
which were planted at the beginning of Pershing’s administration, contributing to the colony’s
self-sufficiency. Aside from coconuts, rice, corn, papaya and other crops were also
cultivated.
On November 1, 1905, Reorganization Act No. 1407 was approved creating the Bureau of
Prisons under the Department of Commerce and Police, integrating the Old Bilibid Prison,
San Ramon Penal Colony and Iwahig Penal. The Philippine Coconut Authority took over
management of the coconut farm from San Ramon.
In 1995, Congresswoman Maria Clara Lobregat proposed the transfer of San Ramon Prison
to Bongiao town, in the mountainous area of Zamboanga, to give way to a special economic
zone.
2. IWAHIG PENAL COLONY- (1904) established by the American as Luhit Penal settlement
later known as Iwahig Penal Farm which was originally designed to confine incorrigibles with
little hope of rehabilitation.
IWAHIG PENAL COLONY: This facility was established during the American occupation. It
was however, during the Spanish regime that Puerto Princesa was designated as a place
where offenders sentenced to banishment were exiled. A specific area of Puerto Princesa
was selected as the site for a correctional facility. The American military carved out a
prison facility in the rain forest of Puerto Princesa. The institution had for its first
Superintendent Lt. George Wolfe, a member of the U.S. expeditionary force, who later
became the first prisons director.
Governor Luke Wright authorized the establishment of a penal colony in the province
of Palawan on November 16, 1904. This penal settlement, which originally comprised an
area of 22 acres, originally served as a depository for prisoners who could not be
accommodated at the Bilibid Prison in Manila. In 1906, however, the Department of
Commerce and Police (which later became the Department of Public Instruction) moved to
turn the institution into the center of a penal colony supervised in accordance with trends
at the time. Through the department’s efforts, the Philippine Commission of the United
States government passed Act No. 1723 in 1907 classifying the settlement as a penal
institution.
The settlement was at first beset by attempted escapes. But under the supervision of Col.
John R. White of the Philippine Constabulary, who would become superintendent of Iwahig
in 1906, the colony became a successful settlement. A merit system was devised for the
prisoners and vocational activities were offered. These included farming, fishing, forestry,
carpentry, and hospital paramedical work. Prisoners could choose the vocational activities
they wanted.
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In 1955, Administrative Order No. 20 was promulgated by the President and
implemented by the Secretary of Justice and the Secretary of Agriculture and Natural
Resources. This order allowed the distribution of colony lands for cultivation by deserving
colonists. The order also contained a list of qualifications for colonists who wished to apply
for a lot to cultivate, the conditions for the settler’s stay in his land, loan requirements and
marketing of the settlers’ produce. Lots granted did not exceed six hectares.
On August 16, 1959, a committee was created by President Carlos P. Garcia to study the
state of national prisons. Accordingly, prisoners in Iwahig were divided into two groups: the
settlers and colonists. The settlers are those engaged in farming for their own benefit; they
are the ones whose applications for land to cultivate have been approved. The
government furnishes the land and initial requirements for tools, dwellings and beast of
burden. They are required to reimburse expenditures incurred for their maintenance and
that of their families out of the products of their farms. Upon their release from the colony,
they receive whatever amount of money they have credited in their favor, after deducting the
obligations they have.
Iwahig is subdivided into four zones or districts: Central sub-colony with an area of 14,700
hectares; Sta. Lucia with 9,685 hectares; Montible with 8,000 hectares and Inagawan with
13,000 hectares.
Recent developments and presidential proclamations have dramatically reduced the size of
the prison reservation of Iwahig.
3. CORRECTIONAL INSTITUTION FOR WOMEN (CIW)- established on November 27,
1929 under Act No. 3579 to provide separate facilities for offenders.
On February 14, 1931, the women prisoners were transferred from the Old Bilibid Prison to
the building especially constructed for them. Its old name, “Women’s Prison was changed to
“Correctional Institution for Women”. This was in keeping with emerging trends in penology,
which emphasized correction rather than punishment. Convicts were brought back into the
social mainstream adjusted and rehabilitated with a better outlook in life.
4. DAVAO PENAL COLONY- opened in 1932 under Act No. 3732 located in Southern
Mindanao.
DAVAO PENAL COLONY: The Davao Penal Colony is the first penal settlement founded
and organized under Filipino administration. The settlement, which originally had an area of
approximately 30,000 hectares in the districts of Panabo and Tagum, Davao del Norte, was
formally established on January 21, 1932 by virtue of Act No. 3732. This Act authorized the
Governor-General to lease or sell the lands, buildings and improvements in San Ramon
Prison and Iwahig Penal Colony. It also granted authority to the Secretary of Justice to
establish a new prison and penal colony in a suitable public land. A budget of P500,000 was
allocated. Several committees were created to pick a suitable site for the enal settlement. In
accordance with the recommendation of these committees, Governor Dwight Davis signed
Proclamation No. 414 on October 7, 1931, which reserved a site for the penal colony in
Davao province in Mindandao. The site offered ideal conditions for agricultural activities.
During World War II, the colony was converted into a concentration camp where more than
1,000 Japanese internees were committed by the Philippine-American Armed Forces. The
Japanese were treated in accordance with the orders of the American commanding officer.
On December 20, 1941, the Japanese Imperial Forces attacked Davao and the colony was
among the establishments taken over by the invading army. The entire settlement was
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thrown into confusion and a great number of prisoners escaped. Normal operations were
inevitably disturbed. November 8, 1942, a representative of the Director of Prisons
transferred the colony and its properties to the Japanese authorities. The remaining colony
employees, their families and the inmates evacuated to Iwahig where they organized the
Davao Penal Colony at Inagawan sub colony (Palawan). The organization of the colony in
exile was authorized by virtue of Memorandum Order No. 60 dated June 28, 1943 and
signed by the Director of Prisons.
After the liberation of the Philippines, the colony-in-exile in Palawan returned to its old site in
Davao. A great deal of rebuilding and repair had to be done because the war had almost
completely destroyed the colony.
5. NEW BILIBID PRISON- established by Commonwealth Act No.67 in southern suburb of
Muntinlupa, Rizal in 1935. Making it the new National prison and the old prion was
transformed into receiving Center.
NEW BILIBID PRISON (NBP): The projected increase in the prison population
prompted the government to plan and develop a new site for the national
penitentiary. The growing urbanization of Manila and constant lobbying by conservative
groups fueled the idea of transferring the Old Bilibid Prison to a new site, which at the time
was considered remote and on the outskirts of the urban center. Accordingly,
Commonwealth Act No. 67 was enacted, appropriating one million pesos for the construction
of a new national prison in Muntinlupa. On November 15, 1940, all inmates of the Old Bilibid
Prison in Manila were transferred to the new site. The new institution had a capacity of
3,000 prisoners and it was officially named the New Bilibid Prison on January 22, 1941. The
prison reservation had an area of 587 hectares, part of which was arable. The prison
compound proper had an area of 300 x 300 meters or a total of nine hectares. It was
surrounded by three layers of barbed wire.
The camp houses not only death convicts and inmates sentenced to life term, but
also those with numerous pending cases, multiple convictions, and sentences of more than
20 years.
After World War II, there was an excessive amount of steel matting in the inventory
and it was used to improve the security fence. Fences were further reinforced with concrete
slabs. In the 1980s, the height of the concrete wall was increased and another facility was
constructed, 2.5 kilometers from the main building. This became known as Camp
Sampaguita or the Medium Security Camp.
On January 22, 1941 the electric chair was transferred to New Bilibid Prison. The
death chamber was constructed in the rear area of the camp when the mode of execution
was through electrocution. Today, it is a security zone where those convicted of drug
offenses are held.
The NBP expanded with the construction of new security facilities. These were the
Medium Security Camp, which was used as a military stockade during martial law and the
Minimum-Security Camp, whose first site was christened Bukang Liwayway. This was
transferred to another site within the reservation where the former depot was situated.
The increase in the prison population has affected the segregation system. Several
foreign funded projects dot the prison reservation, among them, the Half-Way House and the
Juvenile Training Center. Both projects are supported by funds from Japan through the
representation of the Interdisciplinary Committee of NAPOLCOM.
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6. SABLAYAN PRISON AND PENAL FARM- under proclamation No. 72 issued September
26, 1954 and is located in Occidental Mindoro.
SABLAYAN PRISON AND PENAL FARM: Nearer to Manila than other penal colonies, the
Sablayan Penal Colony is located in Occidental Mindoro and relatively new. Established on
September 26, 1954 by virtue of Presidential Proclamation No. 72, the penal colony has a
total land area of approximately 16,190 hectares.
Prison records show that the first colonists and employees arrived in Sablayan on January
15, 1955. Since then, several buildings have been constructed, including the colonists’
dormitories, employees’ quarters, guardhouse, schoolhouse, chapel, recreation hall, and
post exchange.
Three sub-colonies were later organized. One is a reservation which this day remains
part of a protected rainforest. Another is in a coastal area. The third was used by the national
government as a relocation site for refugees from the eruption of Mt. Pinatubo eruption in
1991.
Sablayan prison is a facility where prisoners from NBP are brought for decongestion
purposes. It follows the same colony standards as other penal farms.
7. LEYTE REGIONAL PRISON- located in Abuyog, Southern Leyte.
The Leyte Regional Prison, situated in Abuyog, Southern Leyte, was established a year after
the declaration of martial law in 1972 by virtue of Presidential Decree No. 28. While its
plantilla and institutional plan were almost ideal, lack of funds made the prison unable to
realize its full potential and its facilities are often below par compared with those of other
established penal farms.
The LRP has an inmate capacity of 500. It follows the same agricultural format as the main
correctional program in addition to some rehabilitation activities. The prison admits convicted
offenders from Region VI and from the national penitentiary in Muntinlupa.
Classification of Prisoner
1. According to Sentence/place of confinement:
a) National or Insular Prisoner- one who is sentenced to serve a prison term of three
years and one day to death.
b) Provincial Prisoners- one who is sentenced to serve a prison term of six months
and 1 day to years.
c) City Prisoners- one who is sentenced to serve in prison term of 1 day to 3 years.
d) Municipal Prisoner- one who is sentenced to serve a prison term of one day to 6
months.
2. According to fine:
a) National/Insular- one who is sentenced to serve a prison term of 3 years and one
day to death or whose fine is more than 6,000,000 or both.
b) City/Provincial- one who is sentenced to serve a prison term of six months and one
day to three years or whose fine is less than 6,000,000 pesos but not less than
200,000 pesos, or both.
c) Municipal Prisoner- one who is sentenced to serve a prison term of one day to six
months or whose fine is not more than 200,000 pesos.
3. According to Status:
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a) Detention prisoner- those held for security reasons, investigation; those awaiting
and or undergoing trial and waiting for judgment.
b) Sentenced Prisoner- those convicted by final judgment and serving their sentences.
KINDS OF EXECUTIVE CLEMENCY
1.Pardon-an act of grace proceeding from the power entrusted with the execution of the
laws which exempts the individual on whom it is bestowed from the punishment the law
inflicts for a crime he has committed.
-granted by the President after conviction by final judgment.
-Extinguishes only criminal liability but not the civil liability.
Kinds of Pardon:
a. absolute Pardon-the extinction of the criminal liability of the individual to whom it is
granted without any condition and restores to the individual his civil rights.
b. Conditional Pardon- the extinction of the criminal liability of an individual from the
punishment which the law inflicts for the offense he has committed, within certain limits or
conditions.
2.Commutation of sentence – reduction of the sentence, from a heavier sentence to a less
serious one, or from longer prison term to a shorter one.
- convicted offenders may only be granted commutation of sentence after serving a portion
of their sentence as provided by law.
3.Amnesty – an act of sovereign power granting oblivion or general pardon for the past
offense, usually granted in favor of certain classes of persons who have committed crimes of
political character, such as treason or rebellion.
4.Commutation of Sentence – reducing the period of imprisonment into shorter period.
5.Reprieve – temporary suspension of the execution of sentence.
6.Parole – a method by which a prisoner who has served a portion of his sentence is
conditionally released but remains in legal custody, the condition being that in case of
misbehavior, he shall put back to prison.
- granted to convicted offenders who have served a portion of their sentence as
provided by law granted by the Board of Pardons and Parole.
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