CHAPTER 5

JAIL
He will punish those who do not know God and do not obey the gospel f our Lord Jesus.
They will be punished with everlasting destruction and shut out from the presence of the Lord
and from the majesty of his power.
2 Thessalonians 1:8-9
HISTORICAL CONTEXT OF JAIL
Today’s jails have their roots in medieval Europe. In 1166, King Henry II of England
ordered every sheriff to establish a gaol, pronounced “jail”, in his shire for the purpose of
securing offenders until they could be brought before the king’s court. Eventually, the same
gaol were also used to contain prisoners after trial as a means of punishment. The sheriff was
responsible for administering to the needs of those jailed, although by many accounts, the
prisoners were often badly neglected.
During the Spanish occupation in the Philippines, aside from the penitentiaries
established by them, there were also jails (carceles) of the two tribunals to be found in the
towns and capitals of the provinces. The accused in criminal proceedings were detained in
these jails. Other prisoners were confined in jails located in the commandancias existing in
practically every province and major towns or cities where the Spanish colonizers exercise
strong control. Commandancias are the equivalent of today’s police stations or precincts while
the enforcers of laws, the Guardia Civil, are the equivalent of today’s police. Those serving the
penalties of arresto mayor served their sentenced in the public jails of the cabecera de partido,
a district or territory of each jurisdiction or administration has as its centers an important or
principal town (cabeza). Several of these districts (partidos) constitute a province. On the other
hand, those sentenced to arresto menor may serve either in the town court building (casa real)
or the public buildings or the house of the convict.
Rev. Father Joaquin Martinez de Zuñiga, a visitor to the Philippines in the late 19 th
century, wrote his impressions of the country in his book Estadismo de las Islas Filipinas o Mis
Viajes por esto Pais. Part of the book gave the priest’s impressions of the jail of the casa real
located in Bulacan province. According to him, “Town halls were the cells of the jails, are damp,
full of fleas, bedbugs and mosquitoes which torment the unfortunate occupant. The meal is so
meager, that is hardly of bad and unclean kind is all they have for their subsistence. Many die in
these places after a few months’ confinement and kept and those who come out alive look like
moribund. No one is kept there (in the jails) for long who does not contact incurable diseases...
There is another abuse committed in these jails. If the Gobernadocillo (equivalent of the
present town mayor) does not promptly fulfill the order of the mayor or the cabeza de
barangay (head of barangay) does not promptly pay taxes under his charge or if a judicial
official or principal commits a fault he taken to the jail and confined in the most wicked
prisoners and recidivists in the jail. The State of affairs continues until the jailers, perhaps out of
well-remunerated pity or commiseration, puts him in another less fetid place. All those who
enter the jail have to pay daily a certain amount for oil. This is in addition to the fixed fees they
have to pay for their entrance to and exit from the jails....”

CONCEPT AND DEFINITION OF JAILS

Jails are important elements in our nation’s correctional system, serving as the most
commonly used type of confinement in the Philippines. Jail services is one of the three main
spheres of the broad organizational setup of the public safety services in the country that focus
in the task relating to penological and correctional activities, including the rehabilitation of
inmates or persons under custody or detention or under punishment for violation of laws
ordinances (PPSC Handbook 6).
The jail is intended to serve as a place of detention for untried and for prisoners serving
short sentences. Jail is a station between conviction and admission of offenders to long-term
correctional institutions. The jail also serves as a place of confinement for offenders sentenced
for misdemeanors.
A jail is defined as place of confinement for inmates under investigation, awaiting or
undergoing trial or serving short-term sentences. It is typically administered by the country
through the Bureau of Jail Management and Penology (BJMP) and Provincial Jails under the
local government unit (LGU), with the warden or wardress in charge. A jail is differentiated from
the term prison, which refers to national prisons or penitentiaries managed and supervised by
the Bureau of Corrections.
Jail is a place of confinement for a city and municipal prisoners, any fugitive from justice,
or person detained awaiting or understanding or undergoing investigation or trial and/or
transfer to the National Penitentiary, and/or violent mentally ill person who endangers himself
of safety of others, pending the transfer to a mental institution.
Incarceration in jail is also called preventive imprisonment. The preventive
imprisonment of a detainee may be credited in the service of prison sentence he agrees
voluntarily in writing to abide by the rules of the jail, particularly in work and discipline. An
evidentiary document to this effect is prepared and signed by the inmate. The same shall be
submitted to the proper court before the date set for the arraignment of the detainee.
It is also important to distinguish a detainee from a prisoner, both of whom are called
inmates. A detainee is a person accused before a court or competent authority who is
temporarily confined in jail while undergoing investigation or trial or awaiting final judgment.
Under Philippine laws, detainee is presumed innocent until proven otherwise, and must be
treated as such even inside jails. On the other hand, a prisoner is an inmate who has been
convicted by final judgment of the court. Generally, only those prisoners who have been
sentenced to a prison term of three years or less shall be housed in jails. Prisoners sentenced to
a longer term, otherwise known as national prisoners, must stay in penitentiaries.
MULTIPLE FUNCTIONS OF JAIL
A jail has the following functions:
1. Determining individuals waiting to appear before the court, either for trial (pre-
conviction) or for sentencing (post-conviction);
2. Holding offenders who have been sentenced and are awaiting transfer to prison; and
3. Holding those sentenced to less than 3 years of imprisonment.
Jails also hold:
1. Those who have violated the conditions of their probation or parole.
2. Juvenile offenders under preventive detention.
3. Individuals being held by military authorities.
4. Witnesses needing protective custody.
5. Those found in contempt of the court.
6. Prison inmates for whom no space is available in the overcrowded prison.
7. Individuals wanted by other jurisdiction for whom a detainer warrants exist or ready for
extradition or deportation.
Types of Jails
1. Lockup Jails- It is a security facility, common to police stations, used for temporary
confinement of an individual held for investigation.
2. Ordinary Jails- It is the type of jail commonly used to detain a convicted criminal
offender to serve sentences less than three years.
3. Workhouses, Jail Farm or Camp- A facility that houses minimum custody offender who
are serving short sentences. It provides full employment of prisoners, remedial services
and constructive leisure time activities.

PHILIPPINE JAILS UNDER THE DEPARTMENT OF INTERIOR AND LOCAL GOVERNMENT

Provincial Jails
Every province of the Philippines has a provincial jail, which is being managed and
supported by the provincial local government. The Provincial Jail System was first established
in 1910 under the American regime. American colonizers mandated each province to establish
their own provincial jails to be under their own supervision and control. Memorandum Circular
dated March 7, 1994 issued by the Secretary for peace and Order of the Department of Interior
and Local Government, regarding the Manual of Operations for Provincial Jails, are basically
similar to the correctional procedures and practices of the Bureau of Jail Management and
Penology (BJMP).
The Local Government Code (Republic Act No. 7160) authorizes local government units
(LGUs) to put up and maintain jails and detention facilities. Specifically, provincial governments
supervise, control and operate provincial and sub-provincial jails for offensers with a prison
sentence of six months and one day to three years and detainees whose cases are being tried
by Regional Trial Courts.
Under the code, the Sangguniang Bayan (Legislative body of the Municipality),
Sangguniang Panglungsod (Legislative body of the City), and the Sangguniang Panlalawigan
(Legislative body of the Province) are authorized among others, to enact/approve ordinances
that will ensure the efficient and effective delivery of basic services and facilities in their
respective areas of jurisdiction. They are mandated under the code to establish and provide for
the maintenance and improvement of jails and detention centers institute a sound jail
management program, and appropriate funds for the subsistence of detainees and convicted
prisoners in the municipality, city and province.
Jails include provincial, district, city, and municipal jails. Provincial jails, numbering 104
in all including sub-provincial extensions, are under the supervision and control of the provincial
government. A provincial jail is headed by a Provincial Warden/Wardress duly appointed by
the Provincial Governor.
Today, however, some of the Provincial Jails are turned over to the administration and
supervision of the BJMP through a memorandum of agreement (MOA) entered between the
Bureau and the Provincial Local Government concerned.
GUIDING PRINCIPLES IN THE TREATMENT OF PROVINCIAL JAIL INMATES
The following shall be the guiding principles in the treatment of provincial jail inmates
and detainees:
1. There shall be no description in the treatment of offenders on account of race, color,
sex, religion, language, politics, nationality, social origin, property, birth or other status.
2. The purpose of jail confinement is not merely to punish a convicted offender but to
negate his criminal tendencies and restore his positive value to make him a productive
and law-abiding citizen.
3. Except as provided by law, a detention prisoner shall be presumed innocent and shall be
treated differently from a convicted prisoner.
4. The religious beliefs of an inmate shall be respected.
Bureau of Jail Management and Penology
Republic Act No. 6975, otherwise known as the “Department of the Interior and Local
Government Act of 1990,” provided that the task of the jail management and penology shall be
the responsibility of the Bureau of Jail Management and Penology (BJMP). Based on this
mandate, the BJMP defined its vision, mission, powers, functions, values, objectives and
principles as an institution, in a consultative and participatory strategic planning session.
Subsequently, Republic Act No. 9263, also known as the “Bureau of fire protection and Bureau
of Jail Management and Penology Professionalization Act of 2004,” and its implementing rules
and regulation strengthen the provisions of RA 6975, redefined many of the BJMP’s existing
policies, and restructured the its organization.
Mandates of BJMP
The Bureau of Jail Management and Penology was created on January 2, 1991
pursuant to Republic Act 6975, replacing its forerunner, the Office of Jail Management and
Penology (OJMP) of the defunct Philippines Constabulary/ Integrated National Police. The BJMP
has jurisdiction over all district, city, and municipal jails. It is a line bureau of the DILG. As such,
it shall ensure the establishment of secured, clean, adequately equipped, and sanitary facilities,
and provision of quality services for the custody, safekeeping and development of district, city
and municipal inmates, any fugitive from justice, or person detained, awaiting or undergoing
investigation or trial and/or transfer to the National Penitentiary, and/or violent mentally ill
person who endangers himself or herself or the safety of others as certified by the proper
medical or health officer, pending transfer to a mental institution.
Mission
The Bureau aims to enhance public safety by providing humane safekeeping and
development of inmates in all district, city and municipal jails.
Functions
In line with its mission, the Bureau endeavors to perform the following functions:
1. Formulate policies and guidelines in the administration of all districts, city and municipal
jails nationwide;
2. Implement strong security measures for the control of inmates;
3. Provide for the basic needs of inmates;
4. Conduct activities for the development of inmates
5. Improve jail facilities; and
6. Promote the general welfare and development of personnel.
Core values
The personnel are guided by the following core values:
1. Commitment- strong sense of dedication to the ideals of the organizations and to the
public that it serves.
2. Respect for human rights- promote and protect the right of our fellow human beings.
3. Efficiency/Competence- mastery of important skills for delivery of quality services.
 4. Self-Discipline- the ability to act regardless of emotional state or the ability to withstand
undue and unjust influence.
5. Teamwork- the combined effective action of all personnel.
Objectives of BJMP
The objectives of the Bureau are the following:
1. To improve the living conditions of inmates in accordance with the accepted standards
set by the United Nations.
2. To enhance the safekeeping and development of inmates in preparation for their
eventual reintegration into the mainstream of society upon their release; and
3. To provide and develop professionalize jail services.
Principles of the Bureau
The following principles shall be observed in the implementation of the preceding
sections:
1. Humane treatment of inmates;
2. Observance of professionalism in the performance of duties; and
3. Strengthened multi-sectoral approach in the safekeeping and development of inmates
through active partnership with other members of the criminal justice system and
advocates in corrections.
Organizational Setup and Responsibilities
The BJMP is headed by a Chief who is assisted by two Deputy Chiefs, one for
administration and another for Operations, and one Chief of Directorial Staff, all of whom are
appointed by the President upon the recommendation of the DILG Secretary from among the
qualified officers with the rank of at least Senior Superintendent. The Chief of the BJMP carries
the rank of Director and serves a tour of duty that must not exceed four years, unless extended
by the President in times of war and other national emergencies. Officers who have retired or
are within six months from their compulsory retirement age are not qualified to be appointed
as Jail Director or designated as BJMP chief.
National Headquarters
The National Headquarters is the Command and Staff office of the BJMP, and is
composed of the Command group, directorates and Management Support staff (Section 1-3,
Rule III, BJMP Manual), namely:
A. Command Group
1. Chief, BJMP- Acts as adviser to the Secretary of DILG relating to formulation and
implementation of policies, plans and programs in the formulation and control
 district, city and municipal jails nationwide; exercises command, supervision and
control overall personnel of the Jail Bureau.
2. Deputy Chief for Administration- Advises and assists the Chief, BJMP in the
formulation and implementation of the plans, programs and policies pertaining to
personnel, logistics and comptrollership; Assists the Chief, BJMP in the proper
implementation of the various programs and activities of the different divisions and
regional offices, and in the administration of the jails nationwide; and assumes the
duties of the Chief, BJMP during the latter’s absence.
3. Deputy Chief for Operations- Advises and assists the Chief, BJMP in the formulation
and implementation of the plans, programs and policies pertaining to jail operations;
assumes the duties of the Chief, BJMP in the absence of the former and the Deputy
Chief for administration.
4. The Chief of Directorial Staff- Exercises direct supervision over the operations of
Directorates and offices at the National Headquarters.
B. Directorates
1. Directorate for Human Resources and Records Management- develops and
implements programs relating to selection, recruitment, examinations,
appointment, promotion, retirement, separation from the services and assignment
of personnel; formulates policies, standards, rules and regulations for the proper
implementation of such programs; provides programs for human Resource
Development aimed at the development of qualified and efficient force in the BJMP.
2. Directorate for Operations- Advises and assists the Chief, BJMP on matters relating
to the formulation and execution of correctional programs, particularly on the
aspects of organization, training, operation and planning; formulates and
implements policies, guidelines and programs relating to security, custody, discipline
and control of inmates.
3. Directorate for logistics- Advises the Chief, BJMP on general management of
logistical resources.
4. Directorate of Comptrollership- Advises the Chief, BJMP on matters relating the
budgeting, accounting and financial management; monitors resources and fiscal
management functions.
5. Directorate for program Development- Assists the Chief, BJMP in the formulation
and development of plans and programs to achieve the BJMP’s mission and
objectives; conducts research studies and gathers data for planning and
programming purposes.
6. Directorate for Intelligence, Investigation and Inspectorate- Formulates and
develops policies, standards, and guidelines on security and inspection activities
covering areas of concern and interest for purposes of improving management of
the BJMP and its units and offices down to the jails nationwide; conducts periodic
inspection of jails and renders report thereon.
C. Management Support Staff
1. Office of the legal service- Advises the Chief, BJMP on legal matters and renders
legal opinions on matters related to the administration and operation of the BJMP;
conducts hearing pursuant to BJMP administrative Disciplinary Machinery.
2. Office of General Service- Exercises administrative and operational control over
personnel assigned or attached with the National Headquarters; ensures the security
of the National Headquarters; responsible for the quartering spaces for transient
personnel.
3. Office of Accounting Service- Supervises the recording of financial transactions of
the agency; gives technical advice on financial and budgetary matters to the head of
the agency; supervises the preparation and submission of financial statement.
4. Office of Finance Service- Assists and advises the Director, Directorate for
Comptrollership on financial matters and requirements of the BJMP; coordinates
with the other offices concerning the preparation and distribution of pay and
allowances of uniformed and non-uniformed personnel of the BJMP.
5. Office of Supply Accountable Officer- Assists and advises the director, Directorate
for Logistics on supply and equipment requirements of the BJMP.
6. Office of Internal Audit Service- Formulates and develops policies, standards, rules
and regulations for the effective conduct of inspection; conducts personnel
inspection and performance audit.
7. Office of Chaplaincy Service- Assists in the formulation of policies and guidelines
regarding religious activities.
8. Office of the media Affairs and community Relations service- Assists and advises the
Chief, BJMP on community relations programs and activities of the BJMP.
9. Office of Information and Communication Technology Service- Provides adequate
and updated management information to serve as basis for effective planning
management and control, policy formulation, and decision-making.
10. Office of Health Service- Assists in the formulation implementation of policies,
guidelines and program for health promotion of personnel and their qualified
dependents and inmates.
11. Office of National Executive Senior Jail Officer- Represents rank and file in staff
conferences and other activities involving morale, welfare, disciplines and
professionalism and in special bodies such as merit promotion board, adjudication
board and the like.
Regional Office
The BJMP operates and maintains Regional Offices in each of the administrative regions
of the country, headed by the Regional Director for jail Management and Penology, with the
rank of at least Senior Superintendent. The Regional Director is assisted by an Assistant Director
for Administration and Assistant Regional Director for Operations and Regional Chief of
Directorial Staff, who are all officers with the rank of at least Superintendent.
 Regional Directors is the official duly designated to head the BJMP Regional office and
to oversee the implementation of jail services within its jurisdiction covering provincial jail
administrator’s office, district, city, and municipal jails and responsible for the enforcement of
laws and regulations governing its mandated function.
Provincial Jail Administrator’s Office
In every province, the BJMP operates and maintains a Provincial Administrator’s Office
headed by a Provincial Administrator, with the rank of Superintendent, to oversee the
implementation of jail services of all district, city, and municipal jails within its territorial;
jurisdiction.
Provincial jail Administrator is the official duly designated to head the BJMP Provincial
Jail Administrator’s office and to oversee the implementation of jail services of all district, city,
and municipal jails within its territorial jurisdiction.
District Jail
Within large cities or a group of clustered municipalities, a District Jail headed by a
District Warden may be established. The District Jail Warden should have the rank of
Superintendent. District Jail is a facility or place of confinement for inmates coming from a city
or clustered municipalities who are waiting or undergoing trial or serving sentence for a term of
one day to three years.
City and Municipal Jails
The BJMP operates and maintains City and Municipal Jails, each headed by a City or
Municipal Warden, as the case may be Municipal jail Warden should have the rank of Senior
Inspector, while the City Jail Warded should have the rank of Chief Inspector.
Rank Classification of BJMP Personnel
For the purposes of efficient administration, supervision, and control, the rank
classification and salary grades of the BJMP Uniformed personnel are as follows:

Rank Salary grade

Jail director 28
Jail Chief Superintendent 27
Jail Senior Superintendent 26
Jail- Superintendent 25
Jail Chief Inspector 24
Jail Senior Inspector 23
Jail Inspector 22
Senior Jail Officer IV 19
Senior Jail Officer III 18
Senior Jail Officer II 17
 Senior Jail officer II 16
Jail Officer III 14
Jail Officer II 12
Jail Officer I 10

BJMP Standards Operating Procedures

(Rule 1, Book II, BJMP Manual)
Entities Authorized To Commit a Person in Jail
A person can be committed to jail only upon the issuance of an appropriate order
(commitment order) by a competent court or authority so mandated under Philippines Laws.
The courts and authorities classify inmates according to the conditions for their commitment.
The following (courts and entities) are authorized to commit a person to jail:
1. Supreme Court;
2. Court of Appeals;
3. Sandiganbayan;
4. Regional Trial Court;
5. Metropolitan/ Municipal Trial Court;
6. Municipal Circuit Trial Court;
7. Congress of the Philippines; and
8. All other administrative bodies or persons authorized by law to arrest and/or commit a
person to jail.
Categories of Inmates
The two general classes of inmates are:
1. Prisoner- inmate who is convicted by final judgment.
2. Detainee- inmate who is undergoing investigation/trial or awaiting trial/sentencing.
(Sec.2)
Classification of Prisoners
The four classification of prisoners are:
1. Insular Prisoner- one who is sentenced to a prison term of three years and one day to
reclusion Perpetua.
2. Provincial Prisoner- one who is sentenced to a prison term of six months and one day to
three years.
3. City Prisoner- one who is sentenced to a prison term of one day to three years.
4. Municipal Prisoner- one who is sentenced to a prison term of one day to six months.
(Sec.3).
Classification of Detainees
The three types of detainees are those:
1. Undergoing investigation;
2. Awaiting or undergoing trial; and
3. Awaiting final judgment. (Sec.4).
Inmates Security Classification
The following are the classification of inmates according to security risk:
1. High Risk inmates;
2. High-profile inmates; and
3. Ordinary Inmates. (Sec.5)
Requirement for Commitment
The following are the requirement for commitment:
1. Commitment Order;
2. Medical Certificate;
3. Complaint/Information; and
4. Police Booking Sheet. (Sec.6)
Reception Procedures
(Rule II, Book II, BJMP Manual)
A decent and humane program of confinement starts with a systematic reception of
inmates for commitment to the BJMP’s jail facilities. The following procedures should therefore
be observed:
1. The jail desk officer carefully checks the credentials of the person(s) bringing in the
inmate to determine his/her/their identity and authority. The Officer also ascertains
from the person(s) that all law enforcement procedures, including the verification for
standing warrant/criminal record of the arrested person before physical presentation in
court, must have been undertaken prior to the inmate’s transfer/ commitment to the
jail. It is understood, therefore, that the other standing warrants must have been served
when a person is admitted for jail custody.
2. The jail desk officer carefully examines the arrest report and the authenticity of the
commitment order or mittimus in due form to determine whether the inmate has been
committed under legal authority as provided for by Section 3, Rule XIII of the Rules of
Court.
3. Person arrested by virtue of a warrant of arrest must secure a commitment order from
the court where the warrant of arrest is issued before he can be committed to jail.
4. The admitting jail officer takes all cash and other personal property from the inmate, list
them down on a receipt form in duplicate, duly signed by him/her and countersigned by
the inmate. The original receipt should be kept for the record and the duplicate copy
should be given to the inmate.
5. All cash and other valuables of the inmate must be turned over to the property
custodian for safekeeping and covered by official receipts.
6. The inmate is then fingerprinted and photographed.
7. The admitting jail officer accomplishes a jail booking report attaching thereto the
inmates’ photograph for reference.
8. The newly admitted inmate shall be thoroughly strip-searched. His/her clothing shall
also be carefully examined for contraband. He/she is then checked for body vermin,
cuts, bruises and other injuries and for needle marks to determine if he/she is a drug
dependent.
9. The Jail Medical Personnel or the Local Health Officer immediately conducts a thorough
medical examination of the inmate.
10. When it is not possible for the Jail Medical Personnel to be in attendance during the
inmate’s admission, the receiving officers shall observe the mental alertness, overall
appearance, physical abnormalities, rashes, scratches or other identifying marks of the
individual and note them down in the inmate’s jail booking report. The offender
observed to be suffering from any contagious disease is immediately isolated.
11. A medical record is accomplished by the Jail Medical Personnel or Local Health Officer,
showing the condition of the inmate at the time of admission and to include, if possible,
his/her medical history.
12. Upon the commitment, the inmate should be briefed or oriented on the jail rules and
regulations by the Chief Custodial Officer or the Officer of the Day prior to classification
and segregation.
13. The sentenced inmates shall be provided with jail clothing. His/her personal clothing
should be properly received clean and stored safely until his/her release. The detainee,
for his/her own safety, may be allowed to wear civilian clothes.
14. The Warden establishes and maintains a record of all inmates, consisting of information
on the inmate’s name and alias(es), if any; weight, height and body marks or tattoos, if
any; nationality and, if a naturalized Filipino, his/her previous nationality; previous
occupation/ profession; prior criminal convictions; and previous place of residence. In
the case of detainee, the record shall also indicate the crime of which he/she was
convicted; the sentencing court, his/her sentence and the commencement date thereof;
institutional behavior and conduct, and the date he/she was received for confinement.
In the case of a detainee, the record shall indicate the criminal case number in
the trial court where the case is pending; or the case number in the Appellate court if
the case is on appeal and the status of the appeal; or the reason for his/her detention.
15. Upon completion of the reception procedures, the detainee is assigned to his/her
quarters.
 16. The detainee should be issued all the materials that he/she will be using during his/her
confinement, if such materials are available.
17. Upon receipt of a detainee, he/she shall be apprised, preferably in the dialect which
he/she understands, that under Article 29 of the Revised Penal Code, as amended by
Republic Act No. 6125, his/her preventive imprisonment shall be credited in the service
of his/her sentence, consisting of deprivation of liberty for the whole period he/she is
detained if he/she agree voluntarily in writing to abide by the same disciplinary rules
imposed upon convicted prisoners; Provided, that he/she is not a recidivist, or has not
been previously convicted twice or more times of any crime; and when, upon being
summoned for the execution of his/her sentence, he/she surrendered voluntary.
18. If the inmate agrees to abide by the same disciplinary rules imposed upon convicted
inmates, he/she shall be asked to sign a Detainee’s Manifestation. Otherwise, the
Warden issues a Certification under oath to the effect that the detainee was apprised of
the provision of Article 29 of the Revised Penal Code, as amended, and that the
detainee refused to abide by the rules imposed upon convicted inmates.
19. An inmate who signs a Detainee’s Manifestation shall be treated as a sentenced inmate
insofar as work and discipline are concerned. Any failure or neglect to perform his/her
assigned work shall be sufficient cause for the cancellation of the Manifestation.
Thereafter, he shall not be treated as a convicted inmate and cease to earn privilege
granted.
20. A detainee who is covered by a certification is not required to work but he/she may be
made to clean his/her cell and perform such other work as may be necessary for
hygienic or sanitary reasons. He/she shall be credited with the service of his/her
sentence with four-fifths of the time during which he/she was detained.
21. The Warden submits the Detainee’s Manifestation or Certification, as the case may be
to the proper court before the date set for the arraignment of the inmate and the same
shall form part of the records of the case. The same procedure shall be followed with
respect to all accused persons who have been convicted but whose cases are pending
appeal before a higher court. The Detainee’s Manifestation or Certification, as the case
may be, shall form part of the records of the case.
22. Full credit for the preventive imprisonment shall commence from the date of the
Detainee’s Manifestation. (Sec.1)
The Classification Board
Classification of inmates refers to their grouping according for sentence, gender, age,
nationality, health and criminal records, among other. Each jail shall maintain a Classification
Board, if facilities and personnel are available, o be composed of the following:
Chairman- Deputy Warded
Members- Chief, Custodial/Security Office
 - Medical officer/Public Health Officer
- Jail Chaplain
- Inmates Welfare and Development Officer. (Sec.2)
Duties and Functions of the Classification Board
The classification board is tasked to conduct background investigation of inmates to
determine the work assignment, type of supervision and degree of custody and restrictions
under which an inmate must live in jail. The investigation shall focus on:
1. Facts and data of the present case;
2. Earlier criminal history and if he/she is recidivist or habitual delinquent, the facts about
his/her attitudes and behavior while confined in other institutions;
3. Biography or life history;
4. Medical history;
5. Vocational, recreation, educational and religious background/ interests; and
6. Psychological characteristics as evaluated by the psychiatrist and psychologist.
The inmates is required to appear before the Classification Board for a frank discussion
concerning his/her strengths and weaknesses. After this, he/she is informed of the program
planned for him/her. He/she is asked if he/she is willing to undergo this program for his/her
own good. If necessary, the board will see to it that the program planned for the inmate is
followed. (Sec. 3)
The Disciplinary Board
A Disciplinary Board shall be organized and maintained by jails for the purpose of
hearing disciplinary cases involving any inmate who violates jail rules and regulations. The
Board is tasked to investigate the facts of an alleged misconduct referred to it. It shall hold
sessions as often as necessary in a room which may be provided for the purpose. All cases
referred to it shall be heard and decided within 48 hours from the date of receipt of the case. It
shall be composed of the following:
Chairman- Deputy Warden
Members- Chief, Custodial/Security Office
- Medical Officer/ Public Health Officer
- Jail Chaplain
- Inmates welfare and Development Officer
- Inmates’ Representative. (Sec.4)
Authorized Disciplinary Punishment for inmates
The board is authorized to impose any of the following disciplinary punishments:
1. Reprimand;
 2. Temporary or permanent cancellation of some or all recreational privileges;
3. Cancellation of visiting privileges;
4. Extra fatigue duty for sentenced inmates;
5. Close confinement in a cell, provided that this punishment shall be imposed only in the
case of incorrigible inmate when other disciplinary measures had been proven
ineffective; and
6. Transfer to another BJMP jail in the area, in coordination with the court.
The Disciplinary Board may recommended to the Warden partial or full forfeiture of
Good Conduct Time Allowance (GCTA) to be earned for the month and subsequent months
depending upon the gravity of the offense. (Sec.6)
Punishable Acts
A provided by Section 9, Rule II, Book II (BJMP manual), an inmate is strictly prohibited
from committing any of the following acts:
A. Minor Offense
1. Selling or bartering with fellow inmates(s) those items not classified as
contraband;
2. Rendering personal service to fellow inmate(s);
3. Untidy or dirty personal appearance;
4. Littering or failing to maintain cleanliness and orderliness in his/her quarters
and/or surroundings;
5. Making frivolous or groundless complaints;
6. Taking the cudgels for or reporting complaints on behalf of other inmates;
7. Late in formation during inmate headcount without justifiable reasons; and
8. Willful waste of food.
B. Less Grave offenses
1. Failure to report for work detail of sentenced inmates without sufficient
justification;
2. Failure to render assistance to an injured personnel or inmate;
3. Failure to assist in putting out fires inside the jail;
4. Behaving improperly or acting boisterously during religious, social, and other
group functions;
5. Swearing, cursing or using profane or defamatory language directed at other
persons;
6. Malingering or pretending to be sick to escape work assignment;
7. Spreading rumors or malicious intrigues to besmirch the honor of any
person, particularly BJMP personnel;
8. Failure to stand at attention and give due respect when confronted by or
reporting to any BJMP personnel;
 9. Forcing fellow inmates to render personal service for him/her and/or to
others;
10. Exchanging uniforms or wearing clothes others than those issued to his/her
for the purpose of circumventing jail rules;
11. Loitering or being in an unauthorized place;
12. Using the telephone without authority from the Desk officer/Warded;
13. Writing, defacing, or drawing on walls, floors or any furniture or equipment;
14. Withholding information which may be inimical or prejudicial to the jail
administration;
15. Possession of lewd or pornographic literature and/or photographs;
16. Absence from cell brigade, place or work during headcount or any time
without justifiable reasons; and
17. Failure to turn over any implement/article issued after work detail.

C. Grave Offenses
1. Making untruthful statements or lies in any official communication,
transaction or investigation;
2. Keeping or concealing keys or locks of place in the jail which are off-limits to
inmates;
3. Giving gifts, selling or bartering with jail personnel;
4. Keeping in his/her possession money, jewelry, cellular phones or other
communication devices and other items classified as contraband under the
rules;
5. Tattooing others or allowing him/her to be tattooed on any part of the body,
or keeping any paraphernalia to be used in tattooing;
6. Forcibly taking or extorting money from fellow inmates and visitors;
7. Punishing or inflicting injury or any harm upon himself/herself or other
inmates;
8. Receiving, keeping, taking or drinking liquor and prohibited drugs;
9. Making, improvising or keeping any kind of deadly weapon;
10. Concealing or withholding information on plans of attempted escapes;
11. Unruly conduct and flagrant disregard of discipline and instructions;
12. Escaping, attempting or planning to escape from the institution or from any
guard;
13. Helping, aiding or abetting others to escape;
14. Fighting, causing any disturbance or participating therein and/or agitating to
cause such disturbance or riot;
15. Indecent, immoral or lascivious acts by himself/herself or other and/or
allowing himself/herself to be the subject of such indecent, immoral or
lascivious acts;
16. Willful disobedient to a law order issued by any BJMP personnel;
 17. Assaulting any BJMP personnel;
18. Damaging any government property or equipment;
19. Participating in kangaroo court, an unauthorized or irregular court conducted
with disregard for or perversion of legal procedures as a mock court by the
inmates in a jail/prison;
20. Affiliating with any gang or faction whose main purpose is to foment
regionalism or to segregate themselves from others;
21. Failing to inform the authorities concerned when afflicted with any
communicable disease, such as tuberculosis, sexually-transmitted diseases,
etc.;
22. Engaging in gambling or any game of chance;
23. Committing any act which is in violation of any law or ordinance, in which
case, he/she shall be prosecuted criminally in accordance with law; and
24. Committing any act prejudicial to good order and discipline.
Treatment of Inmates with Special Needs
Under Section 2 of Rule III, Book II (BJMP Manual), the following guidelines shall be
observed in the handling of inmates with special needs:
1. Female
a. The female quarter should be fully separated from the male quarters;
b. In larger jails, a female personnel may be designated to keep the keys to the
female quarter and make the same available at any time;
c. No male inmate shall be allowed to enter the female quarters; and
d. Only work suitable to their age and physical condition should be assigned to
female inmates.

2. Drug Users/Dependents/Addicts
a. Inmates found to be drug users/dependents/addicts should be segregated from
other inmates, especially during the withdrawal period;
b. Maintain close supervision of inmates to prevent attempt commit suicide or self-
mutilation;
c. Only a qualified physician shall prescribe sedatives/stimulants deemed necessary
for the inmate’s treatment;
d. Appropriate measures should be taken to enable inmates to follow strictly the
jail physician’s advice regarding diet and other medical interventions/treatment
during the withdrawal period; and
e. Conduct a regular search of the inmate’s quarters and maintain constant
alertness to prevent the smuggling of narcotics and other dangerous drugs.

3. Alcoholics
 a. Place alcoholics in quarters separate from other inmates and maintain close
supervision to guard against suicide attempts;
b. Any symptoms of abnormal behavior among inmates should be reported
immediately to the jail Physician; and
c. Exercise close supervision to guard against the smuggling of liquor and other
intoxicating drinks or products containing alcohol.

4. Mentally Ill
a. The mentally ill should be under the close supervision of a jail medical personnel;
b. Place the mentally ill in a separate cells and special restraint rooms provided for
violent cases;
c. Exercise close supervision to guard against suicide attempts or violent attacks on
others; and
d. The mentally ill should be transferred as soon as feasible to mental institution for
proper psychiatric treatment.

5. Sex Deviates
a. Homosexuals should be segregated immediately to prevent them from
influencing other inmates or being maltreated or abuse by other inmates; and
b. Other sex deviates should be separated from other inmates for close supervision
and control.

6. Suicidal Inmates
a. The suicidal inmates should be given close and constant supervision;
b. Search their quarters and premises for tools/materials that can be used for
suicide; and
c. They should be subjected for frequent strip searches.

7. The handicapped, Aged and Infirmed

a. These inmates should be housed separately and closely supervised to protect
them from maltreatment or abuse by other inmates; and
b. Special treatment should be given to these inmates who shall be required to
work in accordance with their physical capabilities for their own upkeep and to
maintain the sanitation of their quarter and surroundings.

8. Non-Philippine Citizen Inmates

a. The Warden shall report in writing to the Bureau of Immigration and the
respective embassies of the detained foreigner the following:
i. Name of Jail
ii. Name of Foreigner
iii. Nationality
 iv. Age/Sex
v. Offense charged;
vi. Case Number;
vii. Court/Branch;
viii. Status of Case; (Sec. 2)
Custody, Security and Control; Emergency Plans
(Rule IV, Book II, BJMP Manual)
The objective of jail custody, security and control is to maintain an adequate number of
personnel to maintain order and ensure security in jail facilities and to effectively administer
rehabilitative programs for inmates. Jail Management and penology is concerned with the
custody, welfare, and development of inmates. Effective custody ensures that inmates are well
secured in all areas of the detention facility and properly escorted when attending their court
hearings and other authorized/lawful destinations.
Guidelines in Jail Custody, Security and control
Jail custody, security, and control are the primary responsibilities of the BJMP custodial
force. These involve the following activities:
1. Conduct regular briefing for every shift, especially before any member of the custodial
force assumes his/her duty and before the escort personnel leave with inmates for court
hearings and other authorized/ lawful destinations;
2. Maintain strict control of firearms. Never permit any firearm inside the jail except in
some areas where firearms are authorized;
3. Maintain 24-hour supervision of inmates;
4. Maintain a system of key control. Never permit the inmates to handle keys;
5. Secure firearms and anti-riot equipment in the armory where they can be within easy
reach of jail officers and yet afford maximum security against access by inmates;
6. Supervise the proper use of tools and other potentially dangerous articles such as
bottles, acid, kitchen knives, etc., and keep them out of any inmate’s reach when not in
use;
7. Conduct regular inmates count, at least four times within a 24-hour period. Establish
procedures which will ensure beyond doubt, that every inmate is physically present or
accounted for, at every count;
8. Conduct frequent surprise searches of inmates and their quarters to detect contraband;
9. Conduct frequent inspections of security facilities to detect tampering or defects;
10. Guard against escapes, assault on jail personnel, and inmate disturbance;
11. Develop plans dealing with emergencies like escape, fires, assaults, and riots. Make
these plans known and understood by jail personnel;
12. Never allow gay and lesbian jail officers to perform search and custodial functions;
 13. Never allow jail officer to render successive shifts of duty except in cases of
emergencies;
14. Designate a gate supervision for every shift who shall be made administratively
responsible and accountable for the daily activities at the entrance gate of jails;
15. Never allow jail officer to open the inmates’ quarters alone. At least one other jail officer
should be present; and
16. Select carefully the inmates to be assigned as jail aide and maintain rigid control over
their activities. No inmate should be allowed to assume any authority which belongs to
jail personnel or to exercise authority, supervision and control over other inmates.
(Sec.1)
General procedures on inmates Physical Count
1. Count each inmate physical at specified times;
2. During the count, ensure that all movements of inmates cease until the count is
complete;
3. The count must be accurate. Make a positive verification to ascertain the inmates are
physically present. Counting a man on the basis of seeing any part of his clothing, hair or
shoes is not counting procedure.
4. Submit report of each count of a group of inmates to the Warden and/or Deputy
Warden; and
5. If the total jail count does not tally with the total jail population at any given times,
conduct a recount. Render an immediate report to the Warden and/or Deputy Warden
for any unaccounted inmate. (Sec.2)
Rules in Dining Room Security
1. As a general precaution, individual mess utensils of inmates shall be made of plastic;
2. Inmates shall march in a column along designated routes under the supervision of one
or two jail personnel. Station other officials along route to direct the orderly movement
of inmates to and from the mess hall;
3. Food service supervisor shall be present during meals to handle any complaints;
4. After meals, inmates shall be responsible for the cleanliness and orderliness of the mess
hall. This shall be strictly supervised by jail personnel to ensure that no utensils are
brought out of the dining room; and
5. Check and account for all forks, spoons, and other kitchen utensils after every meal.
(Sec.4)
Procedures to be observed in Censoring Mail of inmates
1. Mail shall not be distributed to the inmates until an authorized jail personnel examined
it in the presence of other inmates as witness;
2. Letters containing currency, checks, or money shall be marked with the amount
enclosed and deposited with the Jail Property Custodian. The receiving officer shall list
 down the amount received on a receipt form in duplicate. The original receipt signed by
the receiving officer shall be kept for the record and the duplicate copy shall be given to
the inmate for his/her information;
3. Bring to the Warden’s attention any correspondence that does not conform to the
regulations or are detrimental to security, order and discipline of the jail;
4. In the censoring of mail, jail slang, unusual nicknames and sentences with double
meaning should be carefully studied and analyzed to determine the real meanings;
5. All letters passed by censors should bear the censor’s stamp at the top of each page and
on the envelope. The letter should be place back in the same envelope and resealed;
6. A listing of mail for inmates should be properly posted in a conspicuous place. A copy of
such listing will also form part of the records of the jail;
7. If the inmate fails to claim his/her letter within 24 hours after it has been posted, the
mail shall be delivered to them;
8. Do not discuss the contents of inmates’ mail with other jail personnel, except for official
purposes; and
9. All outgoing mails shall pass through the normal mail facility of the jail subject to the
usual censorship. (Sec.5)
Movement and Transfer
Circumstances that an inmate may be moved or transferred
1. Subject to the conditions set forth by the succeeding rules and procedures, an inmate
may be brought out from jail in any of the following instances:
a. To appear, as witness or as accused, before any court of justice during
preliminary investigation, arraignment, or hearing of a criminal case;
b. To appear as witness with leave of court in any investigation or formal inquiry
being conducted by a government agency;
c. To view with leave of court the remains of a deceased relative within the second
degree of affinity or consanguinity; and
d. To undergo with leave of court medical examination or treatment in an outside
hospital or clinic.
2. No inmate may be transferred to another institution only upon specific order of the
Court having jurisdiction over him/her, except in cases of serious illness where
hospitalization is necessary, and the detainee has to be immediately taken to the
nearest hospital, with the Court subsequently notified.
3. In any emergency or other compelling situations/ necessities, when the transfer to the
other jails of inmates involved is necessary to ensure the safety and security of the
inmates and personnel, the Warden can recommend the Regional Director, verbally or
in writing, their immediate transfer to another jail within the region, provided that, on
the first hour of the following working day, the Court concerned must be informed of
the said transfer.
 4. For those inmates who wish to view the remains of a deceased relative, leave of court
shall first be obtained.
However, the Warden may request reconsideration from the Court to recall and
disapprove said order under any of the following ground:
a. The deceased relative is lying-in-state in a place beyond 30-kilometer radius from
the place of confinement of the inmates or in any case, where the inmate cannot
return to said place during daylight hours;
b. The detainee has a record of escape; and
c. The detainee is classified as high-risk/high-profile and the jail has inadequate
resources and those of the jail has inadequate resources and those of the jail officers
escorting him.
5. Before leaving the jail for the authorized destination, the inmate shall turn over to the
Warden such amount that may be necessary to pay for his transportation and meal
expenses and those of the jail officers escorting him. (Sec.7)
Rules during Movement or Transfer of Inmates
1. The responsibility for the security of the inmates being moved/transferred shall remain
with the custodian until received by another custodian. Whenever possible transfer shall
be made during the day. Any movement or transfer of inmates shall be treated
confidentially.
2. Prior movement or transfer, all jail officers shall be given detailed instructions on their
duties and responsibilities, to include specific instructions that the most direct route to
the destination must be followed.
3. An inmate being moved/transferred shall be handcuffed. When two or more inmates
are transported, each must be secured to the other. In no case shall an inmate be
handcuffed and secured to any part of the vehicle during the transit to avoid being
trapped in case of accident.
4. Before any movement of transfer, all inmates shall be inspected and searched for
dangerous weapons or objects, which may be used for escape or self-destruction.
5. As a general rule, inmates under escort shall always be under watchful eye of the jail
officer. The jail officer shall always be close enough to the inmate being escorted to be
able to respond effectively in case of emergency.
6. In case an inmate is moved/transferred from one jail to another facility or correction
institution, his/her carpeta must be forwarded to the jail where he/she is to be confined
and duly received by the designated Records custodian;
7. The following basic security precautions shall be observed during the transfer or
movement of inmates:
a. Do not allow inmates to tinker with the handcuffs;
b. Always ascertain that the inmate does not have crippled, deformed or very small
hands that will allow him/her to “slip” the handcuffs off;
 c. Regard all inmates being moved/transferred as extremely notorious, to avoid
being careless;
d. Adjust the cuffs properly for tightness to avoid the need of adjustment while en
route;
e. Do not allow an inmate to go to a toilet or washroom alone;
f. A jail officer shall always walk one step behind and never in front of an inmate.
The inmate shall always precede the jail officer into an automobile;
g. A jail officer shall be extra careful not to sit, stand or walk next to an inmate
while carrying a gun, as it can be easily grabbed from him;
h. Stopping along the highway while in transit is highly discouraged, especially
when moving or transporting inmates by vehicle hired solely for the purpose;
and
i. Personal vehicle of the inmates shall not be used for their movements or
transfer. (Sec.9)
Modes and Guidelines of Release of Inmates
(Rule V, Book II, BJMP Manual)
1. An inmate may be released through:
a. Service of sentence
b. Order of the Court
c. Parole
d. Pardon
e. Amnesty
2. Before an inmate is released, he/she shall be properly identified to ensure that he/she is
the same person received and will be released. His/her marks and fingerprints shall be
verified with those taken when he/she was received. Any changes or differences in
his/her distinguishing marks and scars shall be investigated to ascertain his/her real
identity in order to prevent the mistaken release or another person.
3. No inmate shall be released on a mere verbal order or an order relayed by telephone.
The release of an inmate by reason of acquittal, dismissal of case, payment of fines
and/or indemnity, or filing of bond, shall be effected only upon receipt of the Release
Order served by the court process server. The Court order shall bear the full name of the
inmate, the crime he/she was charged with, the criminal case number and such other
details that will enable the officer in charge to properly identify the inmate to be
released.
4. Upon proper verification from the court of the authenticity of the Order, an inmate shall
be released promptly and without unreasonably delay.
5. Under proper receipt, all money earned and other valuables held in trust when first
admitted, shall be returned to the inmate upon release.
6. The released inmate shall be issued a Certificate of Discharge from jail by the
Warden/Wardress or his/her authorized representatives. (Sec.3)