p2 188 Handouts Students
p2 188 Handouts Students
I. Background
Part I – General Application → Applicable to all prisoners (criminal, civil, untried/awaiting trial/detainee, or
convicted).
Basic Principle – The following rules shall be applied impartially. There shall be no discrimination on grounds of race, colour,
sex, language, religion, political or other opinion, national or social origin, property, birth or other status. Apply rules impartially;
respect religious beliefs and moral aspects.
These are the set of rules that are a MUST for a PDL/prisoner to undergo:
I. Overview
● BJMP Creation: January 2, 1991, via RA 6975 (Department of the Interior and Local Government Act of 1990), replacing
Management and Penology Service of the defunct
● Philippine Constabulary Integrated National Police.
● Jurisdiction: All district, city, and municipal jails.
● Vision: Dynamic institution for humane safekeeping and inmate development.
● Mission: Enhance public safety through humane safekeeping and rehabilitation.
● Sec. 13 - Commitment: Inmate can only be admitted by an order from an authorized court or entity.
● Sec. 14 - Authorized entities: Supreme Court, Court of Appeals, Sandiganbayan, RTC, MTC/MCTC/MetTC, Congress,
certain administrative bodies (LEAs)
● Sec 15 - Classification:
a. refers to assigning or to grouping of inmates according to their respective penalty, gender, age, nationality,
health, criminal records, etc.
● Sec. 16 Categories of Inmates:
a. Prisoner – Convicted by final judgment.
b. Detainee - Undergoing investigation / Awaiting trial/judgement
● Sec. 17 Classification of Prisoners:
a. Insular (3 years & 1 day to Reclusion Perpetua (RPC) or life imprisonment (SPECIAL LAWS) BUCOR
b. Provincial (6 months & 1 day to 3 years) PROVINCIAL JAILS
c. City (1 day to 3 years) BJMP
d. Municipal (1 day to 6 months) MUNICIPAL JAILS
● Sec. 18 Classification of Detainees:
a. Under investigation
b. Awaiting/undergoing trial
c. Awaiting final judgment
● Sec. 20 - Requirements for Commitment
● Commitment Order → also ‘mittimus’ is a legal document, a warrant or writ issued by a judge, that orders law
enforcement to take a person into custody and deliver them to prison to await further legal proceedings or to
serve a sentence. The term comes from the Latin phrase "mittimus" meaning "we send". Essentially, it's the
court's formal instruction to the sheriff or jailer to receive and safely keep a convicted criminal.
● Medical Certificate (within 24 hrs prior to admission)
● Complaint/Information
● Police Booking Sheet
● Certificate of Detention (PNP/NBI)
● Sec. 21 Reception Procedures
❖ Gater – Checks credentials and required documents. (refer to Section20)
■ Example: Verifies if the Commitment Order is signed by a judge.
❖ Records Unit – Confirms authenticity of documents before medical exam.
b. Jail Warden the following agencies:
■ Presiding Judge ■ Priest/Religious Minister
■ Executive Judge/ Clerk of Court ■ CHR
■ PNP/NBI ■ DSWD
■ family ■ Corresponding embassy for
■ Lawyers (PAO/ IBP aide, Private foreigners
Lawyer)
❖ Health Unit – Conducts physical exam; checks discrepancies in medical findings.
❖ Records Unit (Booking) – Strip-search, fingerprinting, photographing, NIMS encoding, visitor list.
❖ Property Custodian – Checks belongings for contraband; safekeeps valuables.
❖ Desk Officer – Books inmate in jail blotter; assigns reception area; schedules orientation.
❖ Assistant Warden/ Officer of the Day – Orients the inmate on jail rules using an Orientation Sheet.
❖ Jail Warden – Coordinates with agencies to speed up case resolution.
● Sec. 23 - Duties and Functions of the Classification Board - tasked to conduct background investigation of
inmates to determine the cell assignment, the appropriate rehabilitative program, the type of supervision and degree of
custody and restrictions applicable to the inmate/s.
● Sec. 24 - Classification Process
➢ Admission – Inmate stays in ICCU - Inmate Classification and Counseling Unit (30–60 days) for assessment.
➢ Medical Examination – Full physical exam, noting marks/tattoos.
➢ Dental Examination – Check oral health, note conditions.
➢ Psychological Examination – Determine mental and emotional state.
➢ Social Case Study – Interview on family, education, work, and background.
➢ Risk Assessment – Measure violence risk level of the inmate.
➢ Psychiatric Evaluation – Diagnose possible mental illness for treatment.
4. Health Unit Jail Nurse/Physician Full physical exam; notes Finds injuries that are
marks, injuries, discrepancies. previously not listed in
medical certificate →
sends back to the
Records Unit for
updated certificate.
7. Desk Officer Desk Officer Books inmate in jail blotter, Places inmates in a
assigns to reception area, temporary holding cell
schedules orientation & risk for assessment.
assessment.
● No discrimination based on race, color, sex, religion, language, politics, nationality, etc.
○ Example: Providing equal treatment and resources regardless of religion.
● Aim to negate criminal tendencies and restore positive values.
● Detainees are presumed innocent until proven guilty (adversarial system); must be treated differently from
convicted inmates.
● Respect religious beliefs.
1. (1) Credential Check – Jail Desk Officer verifies identity & authority of the escorting officer.
2. (2) Document Verification – Examine arrest report and legal authority (Sec. 3, Rule 113, Rules of Court → Duty of
arresting officer.—It shall be the duty of the officer executing the warrant to arrest the accused and deliver him to the
nearest police station or jail without unnecessary delay. ).
3. (3) Search for Contraband – Incoming inmates are frisked for weapons, drugs, or prohibited items.
○ Contraband in correctional facilities includes anything illegal by law or facility policy, such as weapons, drugs,
and cell phones, and is anything that threatens safety or disrupts operations.
4. (4 & 5) Property Inventory – Cash and personal belongings and valuables listed on receipt (duplicate to inmate),
stored by Property Custodian.
5. (6)Fingerprint & Photograph – Biometrics recorded for official files/jail records.
6. (7)Jail Booking Report – 4 copies with photo sent to: BJMP Central Office, Regional Office, Provincial Administrator, Jail
Files.
○ "Carpeta" refers to the institutional record of an inmate. This record contains essential documents related to
the inmate's incarceration, including the mittimus/commitment order, the prosecutor's information, the trial
court's decision, and any appellate court decisions
○ A “carpeta” is a comprehensive file for a person's complete criminal case, from arrest to conviction and appeal,
containing all relevant court and personal documents, while a jail file (or prison record) focuses on an
individual's history, conduct, and administrative details during their incarceration
7. (8) Strip Search & Physical Check – Careful examination of clothing for contraband; Inspect for injuries, vermin, cuts,
bruises.
8. (9) Medical Exam – Conducted by Jail Physician/Local Health Officer; contagious inmates isolated.
9. (11) Medical Record – Includes conditions at admission and, if possible, medical history.
10. (12) Social Case Study – Conducted by social workers for classification and segregation.
11. (13) Clothing Issuance – Convicts get jail clothes; detainees may wear civilian clothes for safety.
12. (14) Orientation – Inmates are briefed on jail rules and regulations.
13. (15) Jail Records – Maintained by Warden; includes personal details, conviction information, and sentence start date.
(16) For detainees, records must show the investigation slip number if the case is with the prosecutor, the criminal case
number and status if on trial or appeal; or the reason for detention.
14. (17) Cell Assignment – Inmate is assigned to a cell/confinement area.
15. (18) Provision of Materials – Supply basic confinement needs (bedding, toiletries, etc.).
16. (19) Fugitive Handling – Jails may hold fugitives from other provinces; costs reimbursed by requesting province.
17. (20) Segregation – Detainees kept separate from convicted prisoners when possible. (refer to 4th Guiding Principles)
18. (21) Preventive Imprisonment Credit – Under Art. 29, RPC as amended by RA 10592, detainees can earn sentence
credit if they agree to follow rules for convicted prisoners.
○ Detainees sign written consent to follow the same discipline as convicts to earn full credit.
○ Without Agreement – No requirement to work, but may do minimal cleaning; earns 4/5 time credit.
○ Cancellation – Agreement can be revoked if the detainee refuses to work or violates rules.
■ Example: If a detainee spends 6 months in jail before trial and agrees to rules, this time is fully credited.
19. (22) Agreement to Rules - If a detainee agrees to follow the same disciplinary rules as convicted prisoners, he must
sign a written Agreement. If he refuses, the Warden issues a sworn Certification that the detainee was informed of
Article 29 (Revised Penal Code) but declined to follow the rules.
20. (23) Effect of Signing an Agreement - The detainee is treated like a sentenced prisoner regarding work and
discipline. Failure to perform assigned work leads to cancellation of the Agreement, and the detainee loses the
privileges.
21. (24) Without an Agreement/With Certification - Detainees are not required to work, except for dorm cleaning or
sanitation duties. He is credited with 4/5 of the time spent in detention towards his sentence.
22. (25) Court Submission - The Warden must submit the Agreement or Cancellation to the court before arraignment, and
it becomes part of the case record.
23. (26) Convicted Persons on Appeal - Same procedure applies [in 26]. Agreement or Cancellation forms part of the
case record during appeal.
24. (27) Credit for Preventive Imprisonment - Full credit begins from the date the detainee signs the Agreement.
I. Overview of BuCor
● BuCor is an agency under the Department of Justice responsible for custody and rehabilitation of national offenders
(sentences more than 3 years).
● Formerly known as the Bureau of Prisons (established Nov. 1, 1905) under the Department of Public Instruction
through Reorganization Act 1407 of the Philippine Commission.
● Administrative Code of 1987 Section 26 renamed the Bureau of Prisons to Bureau of Corrections on November 23, 1989.
(Proclamation No. 495).
● RA 10575 – The Bureau of Corrections Act of 2013 (modernization, professionalization, restructuring).
● Primary Role: Safekeeping and instituting reformation programs for national inmates sentenced to more than 3 years
through progressive and efficient administration.
a) Safekeeping of National Inmates - safekeeping focuses on providing humane conditions for inmates,
including food, water, clothing, and shelter, while ensuring they are fully separated from criminal network
● Core Objective: Accords the “dignity of man” to inmates while serving sentences (Presidential Proclamation 551, s.
1995 & UNSMRTP Rule 60). - means to show proper respect, value, and recognition for the inherent worth
and rights of every human being.
Implementing Offices:
b) Security of National Inmates - security involves the measures and procedures to prevent escapes,
contraband, and violence, ensuring the physical safety of staff, inmates, and the public
a) General Process
1. Reception: shall be admitted to BuCor through DRD (Dir. for Reception & Diagnostics)
○ Admission requires presentation of legal documents
■ Mittimus/Commitment Order of the Court,
■ Information and Court Decision in the case,
■ Certification of Detention,
■ Certification of No Pending Case,
■ Certification of Non-Appeal, and
■ Provincial Form 35 / Inmate data sheet
○ Female offenders only at the Correctional Institution for Women.
○ Prisons and penal farms authorized to directly receive prisoners in consonance with the Supreme Court
Circular No. 63-97 dated October 6, 1997
2. Diagnostics Responsibility: Conducted by the Directorate for Reception and Diagnostics (DRD).
○ Basis of Classification:
■ Security risk and sentence.
■ Inmate’s interests, skills, or talents.
■ Physical, mental, spiritual, and psychological evaluation.
■ Social (socio-demographic) and behavioral traits assessment.
● Core Objective: Determine inmate’s “Reformability.”
● Purpose: These CLASSIFICATIONS serve as reference for preparing individual and group reformation programs.
c) Segregation Scheme
○ Post-Release Programs:
■ Build linkages with schools, churches, LGUs, hospitals, and private companies.
■ Refer newly-reformed inmates based on professional, technical, or vocational skills acquired for
endorsement to companies that are working together with BuCor’s On-The-Job-Training and Skills
Development Programs.
■ DER monitors and evaluates released inmates’ performance in free society.
■ DER personnel are solely responsible for all of the aforementioned Pre/Post-Release Programs.
f) Administration
● Inmate Records: Build-up, maintain, and transmit to penal farms and to other recipient agencies (Board of Parole and
Probations, Office of the President).
○ Facilitates timely release and reformation planning, through the development of Information System which
can efficiently monitor inmates’ and timely transmission of inmates’ record to Board of Pardons and
Parole (applicable only to those eligible for early release)
● Personnel Records: Computerization of Personnel Accounting & Information System (PAIS) covering recruitment,
training, reassignment, performance, promotion, attrition.
h) Classification of Inmates - provides a clear sequence of the inmates' process from admission to release.
i) Inspection
● Administrative Officers: Inspect (ocular→ visual) facilities, supplies, and personnel deployment.
● Engineering Officers: Inspect condition of prison facilities, vehicles, and equipment conditions.
● Medical Officers: Inspect food quality, hygiene, sanitation, clothing, bedding, and ventilation.
● Gender concerns integrated in all planning, policies, priorities, budgets, and programs created by the BuCor
● Gender Sensitivity Application:
○ Integrated in internal policies (within the BuCor institution and may not apply to other prison/penal farms),
strategies, budgets, projects, and structures.
○ Applied in hiring, promotions, assignments, training opportunities, pay, and benefits.
○ Incorporated into all training programs.
● Funding Provision:
○ BuCor must allocate funds for Gender and Development (GAD) programs and projects.
○ Funds cannot be taken from inmates’ monthly operating expenses (MOOE) or capital outlay (CO).
PNP MC No. 2018-027 Guidelines and Procedures in the Management and Supervision of all PNP
custodial facilities and persons under PNP custody.
I. Background of NBI
● Policy Basis
○ SEC 2 - R.A. 9165 (Comprehensive Dangerous Drugs Act of 2002) declares the State’s policy to reintegrate drug
dependents into society through treatment and rehabilitation.
○ Article VIII of R.A. 9165 provides programs for the treatment and rehabilitation of drug dependents.
● Need for Clarification
○ Additional rules are needed to clarify and expedite implementation of the law’s rehabilitation provisions.
● Authority of the Dangerous Drugs Board (DDB)
○ Section 81(b): Empowers DDB to promulgate rules/regulations to implement R.A. 9165.
○ Section 81(q): Authorizes DDB to issue guidelines on approval/disapproval of voluntary treatment,
rehabilitation, or confinement applications.
● Resolution
○ Regulations are issued to govern voluntary confinement for treatment and rehabilitation of drug dependents.
SECTION 1. Definition of Terms. The following are the definitions of terms used in this Regulation:
1. (a) Application – Drug dependent or parent, spouse, guardian, or relative (up to 4th degree) may file for voluntary
confinement.
2. (b) Medical Examination – er to his surroundings.Board orders DOH-accredited physicians to examine applicants
for drug dependency.
○ Physicians certify whether immediate confinement is recommended based on the level of dependency and
danger posed.
3. (c )Petition to Court – If drug dependency is confirmed, the Board (DDB) files a petition with the Court for
treatment and rehabilitation under R.A. 9165 Section 54.
4. (d) Temporary Confinement – If immediate confinement is needed, the Board may order temporary confinement
(maximum of 15 days) in a government or private center, at the applicant's expense, pending court order (CO).
5. (e) Court-Ordered Confinement – Court orders treatment if certification confirms drug dependency.
○ Treatment in a designated center for at least 6 months.
○ Drug dependent may be placed under DOH physician care instead of a center if:
■ The residence of the drug dependent is inaccessible or far.
■ Dependent is below 18, first-time offender, and non-confinement won’t pose danger
6. (f) Aftercare Program – Not more than 1 year unless further confinement is recommended by the center head for
the dependent’s or community’s welfare.
a. Executive Director of the Board - Acts on behalf of the Board. He may designate Provincial/City officials to perform
delegated authority:
■ Health Office
■ Social Welfare and Development Office
■ DILG Local Government Operations Office
■ DepEd Schools Division
■ Parole and Probation Administration (PPA)
2. The DOJ/Public Attorney’s Office assists unless the applicant has private counsel.
3. Must submit monthly reports on applications, actions taken, and status.
● Designation Document Duties:
1. Receive verified applications for voluntary confinement.
2. Order drug dependency examination by DOH-accredited physician.
3. Order temporary confinement (max 15 days).
4. File petition for voluntary confinement in Court on behalf of the Board.
5. Appear in court hearings and make stipulations of facts.
6. Designate Center or DOH physician for treatment.
7. Receive reports from center/physician on patient’s status.
8. Furnish the Board with copies of all applications, orders, petitions, reports, and documents related to
cases.
● Temporary Release
○ The center must certify that the drug dependent may be temporarily released.
○ Court orders release on conditions that the individual:
■ Reports to DOH for aftercare and follow-up treatment.
■ Undergoes urine testing.
■ Follows conditions set by the Court.
■ Program duration: up to 18 months (as per Board Regulation No. 1, Series of 2006).
● Discharge from Court
○ If DOH certifies rehabilitation during aftercare, the Court may discharge the individual.
○ Subject to Section 55 of R.A. 9165 (Section 55. Exemption from the Criminal Liability Under the Voluntary
Submission Program) and outcome of any pending case.
● Recommitment
○ If further treatment is needed during the 18-month aftercare:
■ DOH may recommend recommitment to the Center.
■ After further treatment, individuals may again be temporarily released for another aftercare program.
● If discharged as rehabilitated but not exempt from liability under Sec. 55, R.A. 9165:
○ May still be charged under the Act.
○ The court may impose probation and community service instead of imprisonment/fine.
○ Without prejudice to pending court cases.
a) First Escape:
b) After 1 Week:
c) Repeated Escape:
A. Confidentiality Protection
○ Judicial and medical records of drug dependents under the voluntary submission program are confidential.
○ These records cannot be used against the individual for any purpose, except to check:
■ How many times the person voluntarily submitted for confinement, treatment, or rehabilitation,
or
■ Was committed to a treatment center under the program.
B. Exceptions for Court Use
○ Records may be used as evidence in court if:
■ The drug dependent is not exempt from criminal liability under Section 55 of R.A. 9165.
■ He/she fails rehabilitation under the voluntary submission program.
■ He/she escapes from confinement after recommitment.
● Violation of this Regulation is punishable under Section 32, R.A. 9165 (Liability to a Person Violating Any Regulation Issued
by the Board).
● Does not affect liability for other punishable acts under R.A. 9165.
Section 11. Separability Clause
● If a section/provision is declared invalid or unconstitutional, the rest remains valid and enforceable.
● All prior Board regulations or issuances inconsistent with this Regulation are superseded, amended, or
modified.
I. Mandate of BJMP
● Directs, supervises, and controls all district, city, and municipal jails nationwide.
● Dual tasks:
○ Safekeeping of Persons Deprived of Liberty (PDL).
○ Development through treatment and rehabilitation programs.
1. PDL Custody, Security, and Control Program – Ensures safety of inmates and facilities.
○ Example: CCTV monitoring, inmate counts, controlled movement.
2. PDL Welfare and Development Program – Focused on improving health, skills, and behavior.
○ Example: Medical check-ups, skills training.
3. Decongestion Program – Reduces overcrowding in jails.
○ Example: Paralegal services for early release.
4. Good Governance Program – Transparent and accountable management.
○ Example: Human rights desk for complaints.
B. Health Services
C. Educational Program
● Goal: Provide mandatory education through the Alternative Learning System (ALS) of DepEd.
● ALS Teachers: BJMP personnel or DepEd teachers where needed.
● Incentives: Time Allowance for Teaching, Studying, and Mentoring (TASTM) under RA 10592.
● Purpose: Equip PDL with technical/vocational skills for employment or business post-release.
● Accreditation: Training accredited by TESDA for National Certification.
● Eligibility: Only PDL meeting program requirements can participate.
E. Livelihood Program
● Objective: Provide income-generating activities for personal upkeep & family support.
● Funding: BJMP-funded or PDL common fund projects.
● Examples: Bags, bead bonsai, pastries, rugs, paper crafts, wood crafts.
● Marketing: Products sold via display centers, livelihood caravans, and online platforms through the Welfare &
Development Office.
G. Interfaith Program
● Purpose: Allow PDL to practice their faith without discrimination, with safety measures observed.
● Services Provided: Masses, prayers, spiritual counseling, catechism.
● Personnel: BJMP chaplains, imams, accredited religious leaders and organizations.
I. Paralegal Program
B. Help Desk
● Limitation: BJMP focuses on programs for PDL while in custody; limited aftercare services after release.
● Referrals: Facilitated by Welfare and Development Officers to community resources, such as:
○ Local government units (LGUs)
○ Non-government organizations (NGOs)
○ Business sector
● Purpose: Provide financial assistance, employment/livelihood support, scholarships, and medical/psychological
interventions for released PDL.
● For PDL with drug history or granted plea bargaining under A.M. No. 18-03-16 SC
● Katatagan Kontra Droga sa Komunidad (KKDK) Program:
○ 24 modules total → 18 for PDL group sessions, 6 for family sessions
○ Duration: Up to 4 months
Educational Program (ALS) Referrals for Aftercare PDL with Special Needs
(LGBTQ+)
Interfaith Program
Paralegal Program