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p2 188 Handouts Students

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7 views13 pages

p2 188 Handouts Students

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© © All Rights Reserved
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📘 Module #8 – Standards on Treatment and Rehabilitation of Prisoners/Inmates/PDLs

At the end of this module, you should be able to:


1. Examine the Standards on Treatment and Rehabilitation of
Prisoners/Inmate/PDL’s
2. Evaluate the Standards on Treatment and Rehabilitation of
Prisoners/Inmate/PDL’s

I. Background

● “Standards on Treatment and Rehabilitation of Prisoners/Inmate/PDL’s” is based on the Standard Minimum


Rules for the Treatment of Prisoners adopted by the First UN Congress (Geneva, 1955), approved by the UN
Economic and Social Council (1957, 1977).
● Purpose: Ensure humane, fair, and standardized treatment of all prisoners, without discrimination.

II. Main Parts of the Rules

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:

1. Register – Keep bound records of identity, reasons for detention, admission/release.


○ Example: Upon entry, inmate details (name, offense, date) are logged. This includes the inmates’ identity,
reason for his commitment, and day/hour of admission/release.
2. Separation of Categories – Separate based on sex, age, criminal record, and treatment needs.
○ Example: Juveniles separated from adult offenders.
3. Accommodation – One cell per prisoner at night; exceptions only in overcrowding.
4. Personal Hygiene – Access to water, soap, and other essentials.
5. Clothing and Bedding – Appropriate, climate-suitable, non-degrading attire.
6. Food – Nutritious, well-prepared, served at regular hours.
7. Exercise and Sport – At least 1 hour of outdoor exercise daily.
8. Medical Services – Access to qualified medical officers, preferably with psychiatric knowledge.
9. Instruments of Restraint – No use as punishment (e.g., chains, strait-jackets).
10. Information and Complaints – Prisoners informed of rules; oral explanation for illiterate inmates.
11. Contact with the Outside World – Visits and correspondence allowed.
12. Books – Access to a stocked library for study/recreation.
13. Retention of Property – Confiscated valuables are inventoried and safely kept.
14. Notification – Families informed of illness, death, or transfer.
15. Institutional Personnel – Staff chosen for integrity, competence, and humanity.
16. Inspection – Regular inspections by qualified authorities.

Part II – Special Categories

1. Prisoners Under Sentence


○ Treatment to encourage law-abiding, self-supporting life.
i. Example: Offering carpentry training for livelihood after release.
2. Classification & Individualization
○ Separate high-risk offenders from others.
3. Work
○ Non-afflictive, productive, and skills-oriented.
4. Education & Recreation
○ Literacy and vocational programs mandatory for illiterate and young inmates.
5. Social Relations & After-care
○ Encourage family ties and plan reintegration early.
6. Insane & Mentally Abnormal Prisoners
○ Transfer to specialized mental health facilities.
7. Prisoners Awaiting Trial
○ Treated as innocent; benefit from special regime.
8. Civil Prisoners
○ Treated like untried prisoners; may be required to work.
9. Persons Arrested/Detained Without Charge
○ Same protections as convicted prisoners; no re-education measures.

III. Importance of Rehabilitation

● Promotes reformation and reduces re-offending.


● Protects human rights and dignity.
● Prepares inmates for reintegration into society.

📘 Module #9 – PDLs Admission Process and Procedures in the BJMP


At the end of this module, you should be able to:
1. Describe the BJMP procedures on PDLs admission.
2. Summarize the BJMP Admission Process and Procedures

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.

II. Functions of BJMP

● Enhance organizational capability – Keep personnel updated in law enforcement.


○ Example: Conducting yearly training on new jail procedures.
● Implement strong security measures – Prevent escapees and maintain order.
● Provide basic needs – Food, shelter, clothing, medical care.
● Rehabilitation programs – Skills training, education, counseling.
● Improve jail facilities – Sanitary and secure environments.

III. Commitment and Classification of Prisoners and Detainees


A person can be committed to jail only upon the issuance of an appropriate order by a competent court or authority so
mandated under Philippine laws. This Rule enumerates courts and authorities, and classifies inmates according to the conditions
for their commitment.

● 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.

IV. Importance of the Process


● Ensures security and safety inside jails.
● Protects human rights of inmates.
● Identifies proper classification for fair treatment.
● Detects medical and mental health needs early.
● Prevents mixing of incompatible inmates (e.g., violent offenders with non-violent).
● Speeds up case handling through agency coordination.

📄 BJMP Admission Process – Quick Review Chart


Step Responsible Key Actions Example
Person/Unit

1. Commitment Court/Authorized Issues order for confinement. RTC judge issues


Order Entity commitment for
convicted theft
offender.

2. Gater Security at Jail Checks credentials & 5 Verifies judge’s


Entrance required docs: Commitment signature & medical
Order, Medical Cert (24 hrs), clearance.
Complaint/Info, Police Booking
Sheet, Certificate of Detention.

3. Records Unit Records Officer Confirms authenticity of Send notification to


(Initial) documents, refers inmates to family & PNP regarding
Health Unit, notifies agencies. the inmates’
commitment to the
prison.

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.

5. Records Unit Records Officer Strip-search, fingerprint, Records inmate’s


(Booking) photograph, NIMS encoding, tattoos & fingerprints.
list authorized visitors, orient
on RPC Art 29.

6. Property Custodian Officer Searches belongings, secures Stores ₱500 and


Custodian valuables, issues receipts. cellphones in the
safety vault.

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.

8. Assistant Assistant Warden Orient inmate on jail rules Explains visitation


Warden (Orientation Sheet). schedule and
prohibited acts.

9. Jail Warden Warden Coordinates with agencies to Sends case updates to


expedite cases. the prosecutor's office.

10. Classification Board Conducts background check of Places high-risk


Classification the prisoner, assigns inmates in max-
Board rehabilitative program, custody security cells.
level, and cell assignment.

11. ICCU Medical, Dental, Comprehensive inmate Psychological exam


Assessment (30– Psychological, profiling for classification. reveals depression →
60 days) Social, Risk, refers to counseling
Psychiatric exam program.
teams

📘 Module #10 – PDLs Admission Process & Procedures in Provincial Jails


At the end of this module, you should be able to:
1. Recognize the Provincial jails' PDLs admission procedures.
2. Assess the PDLs Admission Process and Procedures in the Provincial Jails.
I. Background

● Provincial Jails – Established in 1910 (American regime), managed by provincial governments.


● Supervision – Headed by a Provincial Warden/Wardress appointed by the Governor.
● Provincial jails, numbering 104 in all, including sub-provincial extensions and it was headed by a Provincial Warden/
Wardress duly appointed by the Provincial Governor.
● Difference from BJMP – BJMP handles city, district, and municipal jails; provincial jails are under provincial government
control.

II. Guiding Principles

● 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.

III. Admission & Classification Procedures

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.

IV. Importance of the Process

● Maintains security inside jail facilities.


● Ensures accurate records for each inmate.
● Protects inmate rights and safety.
● Prevents mixing incompatible inmates.
● Facilitates classification for proper rehabilitation programs.
📘 Module #11 – PDLs Admission Process and Procedures in BuCor
At the end of this module, you should be able to:
1. Examine the BuCor admission procedures.
2. Appraise the PDLs Admission Process and Procedures in the
BuCor

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).

Rule IV - Mandates of the Bureau of Corrections and Technical Officers (BuCor):

● 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

● Follows UN Standard Minimum Rules for the Treatment of Prisoners (UNSMRTP).


● Includes:
○ Provision of decent and adequate basic necessities (shelter, food, water, clothing, medicine).
○ Observance of prescribed privileges (regulated communication and visitation).
○ Efficient processing of inmate records and documents for timely release (by Directorate for Inmate
Documents and Records – DIDR).

● 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:

● Directorate for Security and Safekeeping (DSS) – main office in charge.


○ Supported by:
■ Directorate for Intelligence and Investigation (DII)
■ Directorate for Plans and Program (DPP)

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

● Ensures inmates are:


○ Incapacitated from committing further crimes.
○ Cut off from criminal networks in society.
● Provides protection against illegal organized armed groups attempting prison attacks or rescues.
● Handled by Custodial Force (Corrections Officers with rank and pay similar to BJMP).
● Security activities include:
○ Proper custody.
○ Implementation/Enforcement of prison laws and prevention of prison violence/crimes.
○ Recovery of fugitives.
● Core Objective: Accord dignity to inmates while serving sentences (Presidential Proclamation 551, s. 1995 & UNSMRTP
Rule 60).
○ Incapacitate inmates from committing further crimes.
○ Cut off inmates from criminal networks or outside contacts.
○ Ultimately protect society against crime (per UNSMRTP Rule 58).

RULE V – Operations and Structure of BuCor

a) General Process

● Operates with a directorial structure.


● Functions:
○ Reception of inmates – Directorate for Reception and Diagnostics (DRD), formerly known as Reception and
Diagnostic Center (RDC).
○ Safekeeping & security – Security and Operations Directorates.
○ Reformation programs – Reformation Directorates.
○ Reintegration to mainstream society – Directorate for External Relations (DER), formerly known as External
Relations Division (ERD).

b) Reception and Diagnostics (for NEW inmates)

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

● Inmates classified by:


○ Security level (maximum, medium, minimum) → provisions under Rule 8, Part I Rules of General Application of
the UNSMRTP
○ According to crimes committed:
■ Revised Penal Code → Crimes Against Persons, Crimes Against Properties, Crimes Against Chastity
■ Special Laws
■ Customs Laws
■ Immigration Laws
● Aim: prevent inmates from acquiring other criminal skills. (Can answer the question: Why is it important that a
Segregation Scheme must be implemented?)

d) Security and Reformation (from DRD)

● Custodial Force - ensures security


● Reformation Personnel - implement individualized and group reformation treatment programs while the inmate
serves their sentence..

e) Pre-Release and Post-Release Programs (Directorate for External Relations)

1. Responsible Office: Directorate for External Relations (DER).


○ Pre-Release Readiness Programs includes:
■ Evaluate, classify, and prepare inmates for reintegration as part of the Pre-Release Programs.
■ Pre-release programs are customized in focus of specialization in:
● Education
● Livelihood/entrepreneurship
● Sports
● Religion
● Medical treatment
○ Supported by reformation officers.

○ 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.

2. Objectives of DER for a Successful Reintegration of inmates:


○ Secure family and community support before release.
○ Secure family and community acceptance after release.

3. Core Reintegration Goals:


○ Restore civil identity (with civil rights restored by law).
○ Re-establish personal identity as law-abiding citizens.
■ DER → performs diagnostic functions → classify inmates for application of pre-release and post
release programs
■ REFORMATION OFFICERS → shall assist the pre-release programs
■ DER Personnel → must perform the post-release programs alone
4. Continuity of Safekeeping: Inmates are guided from DRD → Custodial/Reformation Personnel → DER until
release.

f) Administration

● Operates like a government agency with Administrative Directorates (BuCor):


○ Planning and Management → Directorate for Planning & Management, Personnel
○ Personnel Recruitment and Welfare Development → Human Resource Department
○ Budgeting and Accounting → Directorate for Comptrollership
○ Facility and Equipment Maintenance and other Engineering Services → Directorate for Engineering Services
○ Procurement Process → Directorate for Logistics.
■ Support services: Legal, Training, Public Affairs, Information and Communications Technology, Finance,
Health, Security-Safety-and-Cleanliness, Logistics Support.
● For effective discharge of duties, BuCor Directorates shall have commensurate distribution of Administrative
Personnel (please refer to the module, from admin officer up to message center officer). Administrative personnel are
assigned with rotational duties across Security, Reformation, and Administration.
g) Computerization The BuCor, through the Directorate for Inmate Documents and Records and Directorate for Personnel,
shall employ a full computerization system.

● 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.

● Pre-Admission (conducted at DRD).


● Re-Classification (for reformation programs applicable to the inmates).
● Pre-Release ( at DER).
● Security Classification (based on sentence length and crime).
● Safekeeping Classification (based on health, age, gender).

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.

j) Gender Sensitivity Program

● 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).

VIII. BuCor Penal and Farm Colonies

1. National Bilibid Prison (NBP) – Muntinlupa City.


2. Correctional Institution for Women (CIW) – Mandaluyong City.
3. Iwahig Prison & Penal Farm (IPPF) – Palawan.
4. Davao Prison & Penal Farm (DPPF) – Davao.
5. San Ramon Prison & Penal Farm (SRPPF) – Zamboanga.
6. Sablayan Prison & Penal Farm (SPPF) – Mindoro Oriental.
7. Leyte Regional Farm (LRF) – Leyte.

📘 Module #12 – PNP Treatment & Rehabilitation Programs


At the end of this module, you should be able to:
1. Describe the PNP treatment programs.
2. Enumerate the rehabilitation programs of PNP as a confinement facility.

I. Background of the PNP

● Civilian national police force of the Philippines.


● Origin:
○ Philippine Constabulary (PC) – established Aug. 8, 1901.
○ PC merged with Integrated National Police (INP) in 1975 under PD 765 → PC/INP.
○ After the 1986 revolution → new Constitution mandated a police force national in scope & civilian in character.
(Home Rule Theory) → Police are servants of the community, with their efficiency dependent on the express
needs and wishes of the people
○ RA 6975 (sgd. Dec. 13, 1990; effective Jan. 1, 1991) created the PNP under DILG, together with BFP, BJMP,
PNPA, PPSC.
○ Also, the Directorate for Investigation (DIN) was formally established.
○ Under Republic Act 8551 (Philippine National Police Reform and Reorganization Act of 1998, signed Feb. 17, 1998),
DIN worked toward PNP professionalization.
○ DID passed the NAPOLCOM Resolution No. 97-032:
■ “Enhancing the Investigative Functions of the PNP through the Implementation of the Investigation and
Detective Management Program”.
■ Renamed DIN → Directorate for Investigation and Detective Management (DIDM).
● On May 10, 2018, DIDM proposed a PNP Memorandum Circular (MC):
○ Provided guidelines and procedures for management and supervision of PNP custodial facilities and persons
under PNP custody (PUPCs) across all PNP units.

PNP MC No. 2018-027 Guidelines and Procedures in the Management and Supervision of all PNP
custodial facilities and persons under PNP custody.

● Leadership & Supervision


○ (a) Head of PNP unit/station = Chief of Custodial Facility.
○ (b) Chief of Investigation Section = serve as overall custodial supervisor of all PUPCs.
■ Shall designate Custodial Officers to ensure PUPCs are in good condition.
● Accountability & Maintenance by Heads of the Offices
○ (c )Heads of the offices shall be responsible for the daily accounting and monitoring of PUPCs.
○ (d) Custodial facilities must comply with Human Rights Affairs Office (HRAO) standards; LGUs should provide
support in maintenance.
○ (e) Requests for subsistence allowance to DIDM must follow Directorate for Comptrollership (DC) rules.
○ (f) Regular inspections required to prevent contrabands, together with the designated Custodial Officers.
● Personnel Requirements (g)
○ Rotation duty; only designated personnel shall hold the keys.
○ Must undergo HR seminars, jail management training, and background and lifestyle checks.
● Custodial Facility Rules
○ (h) Facilities are temporary (for custodial investigation only).
○ (i) Separate facilities for men and women; if not possible, best arrangement must be made in case of area
limitations.
○ (j) Visiting hours:
■ Tue–Fri: 1:00–5:00 PM
■ Sat–Sun: 8:00–12:00 NN & 1:00–5:00 PM
● Health & Welfare of PUPCs
○ (k) Mental illness cases → referral to PNP Health Service psychiatrist.
○ (l) PWDs & senior citizens closely monitored for protection from maltreatment.
○ (m) Pregnant PUPCs → must be referred for regular check-ups, transfer to hospital during labor.
○ (n) General health check-ups conducted by PNP-HS.
○ (o) In case of hospital confinement, it requires referral to a PNP/government hospital.
○ (p) Special visits: legal counsel, doctors, priests, (q) immediate family (until Third Degree).
○ (r ) CHR Personnel Visits – Must present valid ID and Mission Order from Regional Director/Commission
Proper.
■ Accredited local or international NGOs by CHR may visit after securing clearance from Directorate for
Intelligence or other channels.
○ (s) Other Visitors must submit a written request at least 10 working days before visit with approval
needed from Chief, PNP (foreign requests) or Regional Director (local requests).
○ (t)Foreign Nationals (Non-NGO Members) cannot visit without approval from the Chief, PNP and/or
clearance from the Directorate for Intelligence (DI).
○ (u) Foreign Nationals (with intent to visit PUPCs) shall submit a letter of intent to the Chief, PNP 2
weeks in advance. Letter must be endorsed by DFA via Note Verbale from Embassy. Requests must include
purpose, itinerary, bio info, and valid ID/passport copy.
○ (v) Chief may cancel or shorten visits due to space, safety, or security concerns.
○ (w) No conjugal visits allowed.
● Legal & Commitment Procedures
○ (x) If cases are filed in court → verify if commitment orders are issued.
○ (z) If there is no commitment order → Chief must request from the Clerk of Court.
○ (aa) If the commitment order is already issued by the court → PUPC must be immediately delivered to BJMP
jail
○ (y) Custodial facilities can only hold arrested persons within reglementary period (Art. 125 RPC - Delay in
the delivery of detained persons to the proper judicial authorities).
■ Article 125 RPC – reglementary period:
● 12 hrs → light penalties.
● 18 hrs → correctional penalties.
● 36 hrs → afflictive/capital penalties.
● Transparency & Reporting
○ (bb) In cases of inquiries about enforced disappearance, the Chief must issue a written certification on
presence/absence of the person (RA 10353 - Anti-Enforced or Involuntary Disappearance Act of 2012 compliance).
○ (cc) Periodic reports on custodial facilities and PUPCs must be submitted to DIDM (copy furnished to HRAO)
every 3rd day of the month.

📘 – Module 13: NBI Treatment & Rehabilitation Programs


At the end of this module, you should be able to:
1. Identify the cases under the NBI treatment programs.
2. Distinguish the rehabilitation programs of NBI to other
confinement facilities.

I. Background of NBI

● Creation & History of NBI


○ Established Nov. 13, 1936 as Division of Investigation under Commonwealth Act No. 181.
○ Reorganized as Bureau of Investigation under the DOJ on June 19, 1947 (RA No. 157).
○ Renamed to National Bureau of Investigation via Executive Order No. 94 on Oct. 4, 1949.
○ EO No. 292 (1987, Administrative Code) defines the DOJ's structure including the NBI.
● Functions of the NBI
○ Detects and investigates crimes/offenses in the Philippines.
○ Acts independently or upon request in the public interest.
○ Provides technical assistance in crime detection and investigation.
○ Coordinates with national & local police agencies to maintain peace and order.
○ Maintains a scientific crime laboratory.
○ Serves as a national clearing house for criminal and law enforcement information.
● NBI & Drug Rehabilitation
○ NBI and PNP originally managed Drug Abuse Treatment & Rehabilitation Centers (TRCs) under RA 9165 –
Comprehensive Dangerous Drugs Act of 2002.
○ As drug dependence became recognized as a medical problem, TRCs were transferred to the Department of
Health (DOH).
○ TRCs are now operated, maintained, and managed by DOH in coordination with other concerned
agencies.
RULES GOVERNING VOLUNTARY CONFINEMENT FOR TREATMENT AND REHABILITATION OF DRUG DEPENDENTS

● 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:

○ Board – Dangerous Drugs Board (DDB)


○ DepEd – Department of Education
○ DILG – Department of the Interior and Local Government
○ DOH – Department of Health
○ DOJ – Department of Justice
○ Drug Dependency – physical/psychological dependence on drugs.
■ Example: A user cannot function without daily shabu (metemphetamine) intake.
○ Drug Dependency Examination – conducted by DOH-accredited physician (history, interview, lab tests).
■ Example: Doctor orders urine test to confirm methamphetamine use.
○ Drug Dependent – person with marked dependence beyond voluntary control.
○ DSWD – refers to the Department of Social Welfare and Development;
○ PAO – refers to the Public Attorney’s Office
○ PDEA – refers to the Philippine Drug Enforcement Agency;
○ PPA – Parole and Probation Administration;
○ Treatment – medical services to manage physical/mental effects of drug abuse.
○ Rehabilitation – holistic change (physical, social, emotional, vocational, spiritual).
■ Example: Counseling, skills training, and faith-based programs for a recovering drug user.
○ Voluntary Confinement for Treatment and Rehabilitation – submission for treatment & rehab as per RA
9165 Sec. 54.

SECTION 2. Application for Voluntary Confinement.

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.

SECTION 3. Authorized Representatives of the Board.

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.

Section 4. Opposition to Temporary Confinement

● Opposition must be:


○ In writing and verified.
○ State the grounds for opposition.
○ Filed with the Office of the Executive Director of the Board.
● The Executive Director must resolve opposition with diligence.
● Temporary confinement continues unless opposition proves:
○ It harms the drug dependent’s physical/mental well-being, and
○ The dependent poses no danger to self, family, or community.

Section 5. Temporary Release and Aftercare Program

● 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.

Section 6. Probation and Community Service

● 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.

Section 7. Filing of Charges if Not Rehabilitated

● If a drug dependent is not rehabilitated after second commitment:


○ The Board recommends filing charges for violation of Section 15, R.A. 9165 (Use of Dangerous Drugs).
○ Dependent is prosecuted like any other offender.
○ If convicted, time spent in confinement/rehab is credited to the sentence.

Section 8. Escape and Recommitment

a) First Escape:

● If escapee returns within 1 week (self or surrendered by relatives up to 4th degree):


○ Board issues recommitment order.

b) After 1 Week:

● If not surrendered within 1 week:


○ Board applies to Court for recommitment order.
○ The court may issue orders or recommitment orders within one week upon proof of prior commitment or
voluntary submission.

c) Repeated Escape:

● If dependent escapes again after recommitment:


○ Charged for violation of Section 15, R.A. 9165.
○ Subject to Section 61 of R.A. 9165 (Compulsory Confinement of a Drug Dependent Who Refuses to Apply
Under the Voluntary Submission Program), by order of Board or Court.

Section 9. Confidentiality of Records

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.

Section 10. Penalty Clause

● 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.

Section 12. Repealing and Amending Clause

● All prior Board regulations or issuances inconsistent with this Regulation are superseded, amended, or
modified.

Section 13. Effectivity

● Regulation effective 15 days after publication in two newspapers of general circulation.


● Must also be registered with ONAR, UP Law Center.

📘 Reviewer – Module 14: BJMP Treatment & Rehabilitation Programs


Lesson Objectives:
At the end of this module, you should be able to:
1. Discuss the BJMP treatment programs.
2. Evaluate the rehabilitation programs of BJMP as a confinement facility

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.

II. Four Major Programs of BJMP

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.

III. Core Programs of BJMP

A. Provisions of Basic Needs

● Meals: 3 meals daily (breakfast, lunch, supper).


● Water: Adequate supply of potable water available at all times.
● Uniform & Hygiene: PDLs receive yellow shirts, brown jogging pants, and hygiene kits (monthly/quarterly).
● Supplementary Support: Food and non-food donations from LGUs, NGOs, private individuals.

B. Health Services

● Medical assessment upon admission.


● Services provided: Health education, counseling, medical consultations, health monitoring, and medicines (subject to
availability).
● Wellness activities: Daily sunning and physical exercises.

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.

D. Skills Training/Enhancement Program

● 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.

F. Behavioral Management/Modification Program


● Program Used: Therapeutic Community Modality Program (TCMP).
● Goal: Positive behavioral change through structured group processes.
● Focus:
○ Positive thinking
○ Pro-social values
○ Good decision-making
○ Positive coping strategies
● Outcome: Socially acceptable behaviors, peaceful and therapeutic jail environment.

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.

H. Cultural and Sports Program

● Aim: Promote camaraderie, self-confidence, and cultural talent sharing.


● Activities: Dance, singing, drama, art workshops, and communal celebrations (birthdays, Valentine’s Day, religious
events, festivals).
● Benefit: Creates positive entertainment and social normalcy inside the jail.

I. Paralegal Program

● Objective: Address jail overcrowding through early modes of release.


● Services:
○ Seminars/orientations on rights and early release programs
○ Paralegal counseling
○ Case follow-ups in courts by paralegal officers

J. E-Dalaw (Electronic Visitation Program)

● Function: Video calls and chat as an alternative to face-to-face visits.


● Purpose: For families unable to visit due to distance or work schedules.
● Special Provision: Allowed during jail lockdowns or public health emergencies on a rotation basis.

IV. Support Services

A. Human Rights Desks

● Operation: 24-hour Human Rights Desk in every jail facility.


● Officer: Managed by a designated Human Rights Affairs Officer.
● Function:
○ Receive complaints on human rights violations from PDL and visitors.
○ Report complaints to appropriate BJMP offices and the Commission on Human Rights (CHR) for investigation and
action.

B. Help Desk

● Purpose: Provide timely access to government services.


● Officer: Managed by a designated Help Desk Officer.
● Function:
○ Acts as a referral unit for requests from PDL and visitors regarding personal or family needs.
○ Requests beyond jail capacity are referred to appropriate government agencies.

C. Referrals for Aftercare

● 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.

V. Special Programs for Vulnerable Groups

A. Services for Pregnant PDL

● Jail nurses ensure:


○ Pre-natal and post-natal care compliance
○ Timely provision of pregnancy-related needs
○ Assistance in caring for the newborn until turned over to family or child-caring agency

B. Services for Senior Citizen PDL & PDL with Disabilities

● Protection from discrimination and provision of priority lanes


● Linked to:
○ Office of Senior Citizen Affairs (OSCA)
○ Persons with Disability Affairs Office (PDAO)
● Goal: Acquire official IDs for access to government-mandated benefits and services
C. Services for PDL with Other Special Needs

● LGBT PDL may be housed separately for protection against mistreatment


● Receive equal access to programs, services, and socio-cultural activities

D. Mental Health Services

● Focus on prevention and positive coping mechanisms


● Interventions:
○ Stress management seminars
○ Psycho-educational counseling
○ Supportive psychological group activities
○ Stress debriefing after jail incidents or calamities

E. Drug Counseling for PDL with Substance Use Disorder

● 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

📊 BJMP Programs Overview


Core Programs Support Services Special Programs

Provision of Basic Needs Human Rights Desk Pregnant PDL Care

Health Services Help Desk Senior Citizens & PDL with


Disabilities

Educational Program (ALS) Referrals for Aftercare PDL with Special Needs
(LGBTQ+)

Skills Training / TESDA Mental Health Services

Livelihood Program Drug Counseling (KKDK


Program)

Behavioral Management (TCMP)

Interfaith Program

Cultural & Sports

Paralegal Program

E-Dalaw (Virtual Visitation)

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