INSTITUTIONAL CORRECTION Review Mat

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REVIEW MATERIALS IN INSTITUTIONAL CORRECTION

Dean Bimboy Cadallo Cueno


Dean, Foundation University- Dumaguete City
Criminology Review Lecturer in Central Visayas

DIVISIONS OF CRIMINOLGY:
1. Sociology of Law is an attempt at scientific analysis of the conditions under w/c criminal laws
develop and w/c is seldom included in the book of criminology.
2. Criminal Etiology is an attempt of scientific analysis of the causes of crimes.
3. Penology

PENOLOGY defined:
- The study of punishment for crime or of criminal offenders. It includes the study of control and
prevention of crime through punishment of criminal offenders.
- The term is derived from the Latin word “POENA” which means pain or suffering.
- Penology is otherwise known as Penal Science.
- Penology has stood in the past and, for the most part, still stands for the policy of inflicting punishment on
the offender as a consequence of his wrongdoing.

Penology distinguish from Penitentiary Science- Penology deals with the various means of fighting crimes
as regards to penalties and other measures of security, while Penitentiary Science is limited only to the study
of penalties dealing with deprivation of liberty.

Penal Management:
- Refers to the manner or practice of managing or controlling places of confinement as in jails or prisons.

CORRECTION defined:
- A branch of the Criminal Justice System concerned with the custody, supervision and rehabilitation of
criminal offenders.
- It is that field of criminal justice administration which utilizes the body of knowledge and practices of the
government and the society in general involving the processes of handling individuals who have been
convicted of offenses for purposes of crime prevention and control.
- It is the study of jail/prison management and administration as well as the rehabilitation and reformation of
criminals.

Correctional Administration:
- The study and practice of a systematic management of jails or prisons and other institutions
concerned with the custody, treatment, and rehabilitation of criminal offenders.

Correction as one of the pillars of Criminal Justice System is considered as the weakest pillar. This is
because of its failure to deter individuals in committing crimes as well as the reformation of inmates. This is
evident in the increasing number of inmates in jails or prisons. Hence, the need of prison management is
necessary to rehabilitate inmates and transform them to become law-abiding citizens after their release.

Important Dates and Events in the History of Corrections:

13th Century – Securing Sanctuary


In the 13th C, a criminal could avoid punishment by claiming refugee in a church for a period of 40 days at the
end of which time he has compelled to leave the realm by a road or path assigned to him.
1468 (England) – Torture as a form of punishment became prevalent.
16th Century – Transportation of criminals in England, was authorized. At the end of the 16 th C, Russia and
other European Countries followed this system. It partially relieved overcrowding of prisons. Transportation
was abandoned in 1835.
17th C to late 18th C – Death Penalty became prevalent as a form of punishment.
 The Golden Age of Penology
- the period from 1870 to 1880 was considered the golden age of penology because of the following
significant events:
 1870- the National prisons Association organized in Cincinnati, Ohio.
 1872- the First International Congress was held at London w/c established the International Penal and
Penitentiary Commission; 1875- its headquarters was established at Hague, Netherlands.
 1876- the Elmira Reformatory (Forerunner of modern penology) was established in New York.
 The First separate institution for women were established in Indiana and Massachusetts.

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


Galleys – long, low, narrow, single decked ships propelled by sails, usually rowed by criminals. A type of ship
used for transportation of criminals in the 16th century.
Hulks – decrepit transport, former warships used to house prisoners in the 18 th and 19th century. These were
abandoned warships converted into prisons as means of relieving congestion of prisoners. They were also
called “floating hells”.

THE AGE OF ENLIGHTENMENT

18th Century is a century of change. It is the period of recognizing human dignity. It is the movement
of reformation, the period of introduction of certain reforms in the correctional field by certain person,
gradually changing the old positive philosophy of punishment to a more humane treatment of prisoners with
innovational programs.

The Pioneers:

1. William Penn (1614-1718)


- He fought for religious freedom and individual rights.
- He is the first leader to prescribe imprisonment as correctional treatment for major offenders.
- He is also responsible for the abolition of death penalty and torture as a form of punishment.

2. Charles Montesiquieu (Charles Louis Secondat, Baron de la Brede et de Montesiquieu)


- (1689- 1755) A French historian and philosopher who analyzed law as an expression of justice. He believe
that harsh punishment would undermine morality and that appealing to moral sentiments as a better means
of preventing crime.

3. VOLTAIRE (Francois Marie Arouet)


- (1694- 1778) He was the most versatile of all philosophers during this period. He believes that fear of shame
was a deterrent to crime. He fought the legality-sanctioned practice of torture.

4. Cesare Bonesa, Marchese de Beccaria (1738-1794)


- He wrote an essay entitled “An Essay on Crimes and Punishment”, the most exiting essay on law during this
century. It presented the humanistic goal of law.

5. Jeremy Bentham (1748-1832) – the greatest leader in the reform of English Criminal law. He believes that
whatever punishment designed to negate whatever pleasure or gain the criminal derives from crime, the
crime rate would go down.

Bentham was the one who devise the ultimate PANOPTICAN PRISON – a prison that consists of a large
circular building containing multi cells around the periphery. It was never built.

6. John Howard (1726 – 1790) – the sheriff of Bedsfordshire in 1773 who devoted his life and fortune to
prison reform. After his findings on English Prisons, he recommended the following: single cells for sleeping -
segregation of women - segregation of youth - provision of sanitation facilities - abolition of fee system by
which jailers obtained money from prisoners.
The Reformatory Movement:

1. Alexander Mocanochie – He is the Superintendent of the penal colony at Norfolk Island in


Australia (1840) who introduced the “Mark System”. A system in which a prisoner is required to earn a
number of marks based on proper department, labor and study in order to entitle him for a ticket for leave or
conditional release which is similar to parole.
2. Manuel Montesimos – The Director of Prisons in Valencia Spain (1835) who devided the number
of prisoners into companies and appointed certain prisoners as petty officers in charge, which allowed good
behavior to prepare the convict for gradual release.
3. Domets of France – established an agricultural colony for delinquent boys in 1839 providing
housefathers as in charge of these boys.
4. Sir Evelyn Ruggles Brise – The Director of the English Prison who opened the Borstal Institution
for young offenders. The Borstal Institution is considered as the best reform institution for young offenders
today.
5. Walter Crofton – He is the Director of the Irish Prison in 1854 who introduced the Irish system
that was modified from the Mocanochie’s mark system.
6. Zebulon Brockway – The Director of the Elmira Reformatory in New York (1876) who introduced
certain innovational programs like the following: training school type - compulsory education of prisoners -
casework methods - extensive use of parole - indeterminate sentence. He was given the title “father of Prison 
        Reform” in the United States

* The Elmira Reformatory is considered forerunner of modern penology because it had all the elements of a
modern system.

The Two Rival Prison System in the History of Correction

A. The Auburn Prison System – the prison system called the “Congregate System”.
- The prisoners are confined in their own cells during the night and congregate work in
shops during the day. Complete silence was enforced.

B. The Pennsylvania Prison System – the prisons system called “Solitary System”.
- Prisoners are confined in single cells day and night where they lived, they slept, they ate
and receive religious instructions. Complete Silence was also enforced. They are required to read the Bible.
Redress (Compensation) of a wrong act

Retaliation (Personal Vengeance) – the earliest remedy for a wrong act to any one (in the primitive society).
The concept of personal revenge by the victim’s family or tribe against the family or tribe of the offender,
hence “blood feuds” was accepted in the early primitive societies.

Fines and Punishment – Customs has exerted effort and great force among primitive societies. The
acceptance of vengeance in the form of payment (cattle, food, personal services, etc) became accepted as
dictated by tribal traditions. As tribal leaders, elders and later kings came into power, they begun to exert
their authority on the negotiations. Wrongdoers could choose to stay away from the proceedings (Trial by
ordeal) but if they refuse to abide by the law imposed, they will be declared to be an outlaw.

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

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

2. Roman and Greek Codes

a. Justinian Code– 6th C A.D. , Emperor Justinian of Rome wrote his code of law.
An effort to match a desirable amount of punishment to all possible crimes. However, the law did not survive
due to the fall of the Roman Empire but left a foundation of Western legal codes.

* The Twelve Tables (XII Tabulae), (451-450 BC) – represented the earliest codification
of Roman law incorporated into the Justinian Code. It is the foundation of all public and private law of the
Romans until the time of Justinian. It is also a collection of legal principles engraved on metal tablets and set
up on the forum.

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

3. The Burgundian Code (500 A.D) – specified punishment according to the social class of offenders,
dividing them into: nobles, middle class and lower class and specifying the value of the life of each person
according to social status.

Early Codes (Philippine Setting)

The Philippines is one of the many countries that came under the influence of the Roman Law.
History has shown that the Roman Empire reached its greatest extent to most of continental Europe such as
Spain, Portugal, French and all of Central Europe.
Eventually, the Spanish Civil Code became effective in the Philippines on December 7, 1889, the
“Conquistadores” and the “Kodigo Penal”(The Revised Penal Code today, 1930) was introduced by the
Spaniards promulgated by the King of Spain. Basically, these laws adopted the Roman Law principles
(Coquia, Principles of Roman Law, 1996).

Mostly tribal traditions, customs and practices influenced laws during the Pre-Spanish Philippines.
There were also laws that were written which includes:

a. The Code of Kalantiao (promulgated in 1433) – the most extensive and severe law that prescribes
harsh punishment.
b. The Maragtas Code (by Datu Sumakwel)
c. Sikatuna Law

Early Prisons:

Prison- from the Greco roman word “presidio” which is synonymous to fence, cave, or dungeon.

Mamertine Prison – the only early Roman place of confinement which is built under the main sewer of Rome
in 64 B.C

Other places of confinement in the history of confinement include FORTRESSES, CASTLES, and TOWN GATES
that were strongly built purposely against roving bands of raiders.
The most popular workhouse was the BRIDEWELL WORKHOUSE (1557) in London which was built for the
employment and housing of English prisoners.

Walnut Street Jail – originally constructed as a detention jail in Philadelphia. It was converted into a state
prison and became the first American Penitentiary.

Alcatraz Prison- it is an island in San Francisco bay. It was the site of infamous prison noted for its inhumane
treatment and tortures.

Auschwitz Prison- Built by the germans near Cracow Poland. It was popularly known as the death camp
headed by Rudolf Hoess. More than 2 million innocent victims perished either by torture, or gas chamber in
this infamous dreaded concentration camp.

Early prisons in the Philippines:


During the Pre-Spanish period, prison system in the Philippines was tribal in nature. Village chieftains
administered it. It was historically traced from the early written laws.

In 1847, the first Bilibid Prison was constructed and became the central place of confinement for Filipino
Prisoners by virtue of the Royal decree of the Spanish crown.

In 1936, the City of Manila exchanges its Muntinlupa property with the Bureau of Prisons originally intended
as a site for boys’ training school. Today, the old Bilibid Prison is now being used as the Manila City Jail,
famous as the “ May Halique Estate”.

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

Ancient Forms of Punishment:

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

Early Forms of Prison Discipline:

1. Hard Labor - productive works.


2. Deprivation – deprivation of everything except the bare essentials of existence
3. Monotony – giving the same food that is “off” diet, or requiring the prisoners to perform drab or
boring daily routine.
4. Uniformity – “ we treat the prisoners alike”. “ the fault of one is the fault of all”.
5. Mass Movement – mass living in cell blocks, mass eating, mass recreation, mass bathing.
6. Degradation – uttering insulting words or languages on the part of prison staff to the prisoners to
degrade or break the confidence of prisoners.
7. Corporal Punishment – imposing brutal punishment or employing physical force to intimidate a
delinquent inmate.
8. Isolation or Solitary Confinement – non-communication, limited news, “ the lone wolf”.
BJMP- 1-7 days
BUCOR- 1 month to 2 months
UN Rules- 22 hours to 15 days

Methods of Death Penalty Executed in the Philippines

1. Garrote- an iron collar is attached upon a scaffold. This became popular when three priest
GOMBURZA were executed in 1872 by the Spanish Colonial rulers for exposing the venalities of the
church. This method of execution was abolished in the Philippines by virtue of Act No. 451.
2. Firing Squad- our national hero Dr. Jose Rizal and Drug lord Lim Seng met their death by firing
squad.
3. Beheading or Decapitation- Instead of using an axe, the method employed was by the use of sword
and the practice is widespread in China and Muslim countries.
4. Hanging- mostly the execution is conducted at dawn. The executioner will place a cloth over his
head. Steel weights are strapped to the legs of the death convict to ensure that he will die quickly.
Then the rope will be placed around the neck of the convict, and finally, the platform will be removed.
5. Electric Chair- the Muntinlupa electric chair has claimed more than 70 offenders convicted of capital
offenses since its installation four decades ago. The convict is seated on the chair made of electric
conducting materials with strap of electrodes on the wrist, ankle, and head. Upon orders, the levers
will be pulled up and the fatal volts of alternating current pass the body until the convict dies. If ever
the convict is still alive, the lever shall be pulled again until he is pronounced dead.
6. Lethal injection- developed in 1924 by anesthesiologist in Nevada.
Components of the chemical:
Sodium Thiopental- non lethal dose. Sleep inducing barbiturate commonly used in surgery to put
patients to sleep.
Pancuronium Bromide- a drug capable of paralyzing the muscles .
Potassium Chloride- capable of stopping the heartbeat within seconds. This is commonly used in
hear by-pass operations.

Other Forms of Execution


1. Stoning
2. Crucifixion
3. Burning
4. Feeding to the lions
5. Pillory
6. Flagellation
7. Guillotine
8. Gas chamber

The Primary Schools of Penology

1. The Classical School – it maintains the “doctrine of psychological hedonism” or “free will”. That the
individual calculates pleasures and pains in advance of action and regulates his conduct by the result of his
calculations.
2. The Neo-classical School – it maintained that while the classical doctrine is correct in general, it
should be modified in certain details. Since children and lunatics cannot calculate the differences of pleasures
from pain, they should not be regarded as criminals, hence they should be free from punishment.
3. The Positivist/Italian School – the school that denied individual responsibility and reflected non-
punitive reactions to crime and criminality. It adheres that crimes, as any other act, is a natural phenomenon.
Criminals are considered as sick individuals who need to be treated by treatment programs rather than
punitive actions against them.

Contemporary Forms of Punishment:


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

PURPOSES/JUSTIFICATIONS OF PUNISHMENT

1. Retribution – the punishment should be provided by the state whose sanction is violated, to afford the
society or the individual the opportunity of imposing upon the offender suitable punishment as might be
enforced. Offenders should be punished because they deserve it.

2. Expiation or Atonement – it is punishment in the form of group vengeance where the purpose is to
appease the offended public or group.

3. Deterrence – punishment gives lesson to the offender by showing to others what would happen to them if
they violate the law. Punishment is imposed to warn potential offenders that they can not afford to do what
the offender has done.
4. Incapacitation and Protection – the public will be protected if the offender has being held in conditions
where he can not harm others especially the public. Punishment is effected by placing offenders in prison so
that society will be ensured from further criminal depredations of criminals.

5. Reformation or Rehabilitation – it is the establishment of the usefulness and responsibility of the


offender. Society’s interest can be better served by helping the prisoner to become law abiding citizen and
productive upon his return to the community by requiring him to undergo intensive program of
rehabilitation in prison.

PENALTY and THE MODERN PERIOD OF CORRECTION

PENALTY is defined as the suffering inflicted by the state against an offending member for the transgression
of law.
Juridical Conditions of Penalty

Punishment must be:


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

Duration of Penalties

1. Death Penalty – Capital punishment


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

THE PHILIPPINE PRISON SYSTEM

I. Bureau of Corrections

Bureau of Prisons was renamed Bureau of Corrections under Executive Order 292 passed during the
Aquino Administration. It states that the head of the Bureau of Corrections is the Director of Prisons who is
appointed by the President of the Philippines with the confirmation of the Commission of Appointments.

The Bureau of Corrections has general supervision and control of all national prisons or
penitentiaries. It is charged with the safekeeping of all Insular Prisoners confined therein or committed to the
custody of the Bureau.

Coverage of the Bureau of Corrections

1.. National Bilibid Prisons (Muntinlupa, Rizal)- operates two satellite units:

Camp Sampaguita- houses medium security risk prisoners


Camp Bukang Liwayway- houses minimum risk security prisoners

This is where the Bureau of Correction main is located.


Land Area: 1,546 hectares
Principal Product: Copra, Rice, Coffee, etc.

2. Correctional Institution for Women (Mandaluyong)- the only female institution in the Philippines. Since
1934, a female Superintendent was assigned to supervise the prison facility.
Vocational activities: dress making, beauty culture, handicrafts.

3. Sablayan Penal Colony and Farm (Occ. Mindoro)- this penal farm is intended for agro-industrial
activities.
Principal Product: Rice

4. Iwahig Penal Colony and Farm (Palawan)- envisioned as an institution for incorrigible criminals.
However, the first contingent of prisoners to be confined revolted against the authorities. Under the
Reorganization Act 1407, the policy was changed, instead of putting hardened criminals, well behaved and
obedient inmates were sent to the colony.
Land Area: 36,000-41,007 hectares
Principal Products: Rice, Corn, Copra

5. Davao Penal Colony and Farm (Central Davao)- this is where the biggest banana and abaca plantations
are located. It is also considered as the highest earner.
Land Area: 30,000

6. San Ramon Penal Colony and Farm (Zamboanga)-founded by Captain Ramon Blanco, a member of the
Spanish royal army. It was initially intended for the confinement of political prisoners during Spanish era. It
was closed during the Spanish American war and was re opened during the American occupation.
Land Area: 1,546 hectares
Principal Product: Copra, Rice, Coffee
7. Leyte Regional Prison (Abuyog Leyte)-established under Proclamation No. 1101. This penal farm is
intended for agro industrial activities.
Land Area: 16, 408.5 hectares
Principal Product: Rice

PRISON Defined:
- A penitentiary, an institution for the imprisonment (incarceration) of persons convicted of major/ serious
crimes.
- A building, usually with cells, or other places established for the purpose of taking safe custody or
confinement of criminals.
- A place of confinement for those for those charged with or convicted of offenses against the laws of the land.
-from Graco-Roman word “presidio”. “Pre” means inside. It is synonymous to cave, fence, or dungeon.

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

General Classification of Prisoners

1. Detention Prisoners – those detained for investigation, preliminary hearing, or awaiting trial. A
detainee in a lock up jail. They are prisoners under the jurisdiction of Courts.
2. Sentenced Prisoners – offenders who are committed to the jail or prison in order to serve their
sentence after final conviction by a competent court. They are prisoners under the jurisdiction of penal
institutions.
3. Prisoners who are on Safekeeping – includes non-criminal offenders who are detained in order
to protect the community against their harmful behavior. Ex. Mentally deranged individuals, insane person.

Classification of Sentenced Prisoners:

1. Insular or National Prisoners


- Those sentenced to suffer a term of sentence of 3 years and 1 day to life imprisonment.
- Those sentenced to suffer a term of imprisonment cited above but appealed the judgment and unable to file
a bond for their temporary liberty.

2. Provincial Prisoners
- Those persons sentenced to suffer a term of imprisonment from 6 months and 1 day to 3 years or a fine not
more than 1,000 pesos, or both; or

-Those detained therein waiting for preliminary investigation of their cases cognizable by the RTC.

3. City Prisoners
- Those sentenced to suffer a term of imprisonment from 1 day to 3 years or a fine of not more than 1,000
pesos or both.
- Those detained therein whose cases are filed with the MTC.
- Those detained therein whose cases are cognizable by the RTC and under Preliminary Investigation.

4. Municipal Prisoners
- Those confined in Municipal jails to serve an imprisonment from 1 day to 6 months.
- Those detained therein whose trials of their cases are pending with the MTC.

Classification of Prisoners According to Degree of Security:

1. Super Maximum Security Prisoners


- A special group of prisoners composed of incorrigible, intractable, and highly dangerous persons who
are the source of constant disturbances even in a maximum security prison.
- They wear orange color of uniform.

2. Maximum Security Prisoners


- The group of prisoners whose escape could be dangerous to the public or to the security of the state.
- It consist of constant troublemakers but not as dangerous as the super maximum-security prisoners. Their
movements are restricted and they are not allowed to work outside the institution but rather assigned to
industrial shops with in the prison compound.
- They are confined at the Maximum Security Prison (NBP Main Building), they wear orange color of uniform.
- Prisoners includes those sentenced to serve sentence 20 years or more, or those whose sentenced are under
the review of the Supreme Court, and offenders who are criminally insane having severe personality or
emotional disorders that make them dangerous to fellow offenders or staff members.

3. Medium Security Prisoners


- Those who cannot be trusted in open conditions and pose lesser danger than maximum-security prisoners
in case they escape.
- It consists of groups of prisoners who maybe allowed to work outside the fence or walls of the penal
institution under guards or with escorts.
- They occupy the Medium Security Prison (Camp Sampaguita) and they wear blue color of uniforms.
Generally, they are employed as agricultural workers.
- It includes prisoners whose minimum sentence is less than 20 years and life-sentenced prisoners who
served at least 10 years inside a maximum security prison.

4. Minimum Security Prisoners


- A group of prisoners who can be reasonably trusted to serve sentence under “open conditions”.
- This group includes prisoners who can be trusted to report to their work assignments without the presence
of guards.
- They occupy the Minimum Security Prison (Camp Bukang Liwayway) and wear brown color uniforms.

Section 19. INMATES SECURITY CLASSIFICATION (BJMP Manual)-The following are the classifications of
inmates according to security risk each may pose:

a. High Profile Inmate - those who require increased security based on intense media coverage or public
concern as a result of their offense such as but not limited to those who have been involved in a highly
controversial or sensationalized crime or those who became prominent for being a politician, government
official, multi-million entrepreneur, religious or cause-oriented group leader and movie or television
personality.
b. High Risk Inmate - those who are considered highly dangerous and who require a greater degree of
security, control and supervision because of their deemed capability of escape, of being rescued, and their
ability to launch or spearhead acts of violence inside the jail. This includes those charged with heinous crimes
such as murder, kidnapping for ransom, economic sabotage, syndicated or organized crimes, etc. Also
included are inmates with military or police trainings or those whose life is in danger or under imminent
threat.
c. High Value Target (HVT) - a target, either a resource or a person, who may either be an enemy combatant,
high ranking official or a civilian in danger of capture or death, typically in possession of critical intelligence,
data, or authority marked as an objective for a mission and which a commander requires for the successful
completion of the same.
d. Security Threat Group - any formal or informal ongoing inmates’ group, gang, organization or association
consisting of three or more members falling into one of the following basic categories: street gangs, prison
gangs, outlaw gangs, traditional organized crime, aboriginal gangs, subversive groups and terrorist
organizations.
e. Subversive Group - a group of persons that adopts or advocates subversive principles or policies tending
to overthrow or undermine an established government.
f. Terrorist Group - a group of persons that commits any of the following: piracy and mutiny in the high seas
or in the Philippine waters, rebellion or insurrection, coup d’état, murder, kidnapping and serious illegal
detention, crimes involving destruction, arson, hijacking, violation of laws on toxic substances and hazardous
and nuclear waste control, violations of atomic energy regulations, anti-piracy and antihighway robbery,
illegal and unlawful possession, manufacture, dealing in, acquisition or disposition of firearms, ammunitions
or explosives.
g. Violent Extremist Offender (VEO) - a person whose political or religious ideologies are considered far
outside the mainstream attitudes of the society or who violates common moral standards and who has
adopted an increasingly extreme ideals and aspirations resorting to the employment of violence in the
furtherance of his/her beliefs.
h. Medium Risk Inmates -those who represent a moderate risk to the public and staff. These inmates still
require greater security, control and supervision as they might escape from and might commit violence inside
the jail.
i. Minimum Risk Inmates (Ordinary Inmates) - those inmates who have lesser tendencies to commit
offenses and generally pose the least risk to public safety. In most cases, they may be first time offenders and
are charged with light offenses.

Classification of Inmates According to Privilege

1. 3rd class inmate- committed three or more times as sentenced prisoner.


2. 2nd class inmate- newly arrived inmate. Inmate demoted from 1st class or promoted from 3rd class.
3. 1st class inmate- known for character and credit for work while in detention or a person promoted
from 2nd class.
4. Colonists- one who has passed as the 1st class inmate and had served one year immediately
preceding the completion of the period which is 1/5 GCTA or served 7 years of his life sentence.

Privileges of Colonist

1. Automatic commutation to 30 years of life imprisonment


2. Deduction 5 days per month
3. Wear civilian clothes
4. Can live with his family
5. Subsidy from the government
6. Use of prison facilities

GCTA (Republic Act 10592)


1-2 years of good behavior: 20 days/month deduction
3-5 years of good behavior: 23 days/month deduction
6-10 years of good behavior: 25 days/month deduction
11 years and onwards: 30 days/month deduction
15 days deduction/month: for study and mentoring

WHAT IS A JAIL?

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

Types of Jails:
1. Lock-up Jails – is a security facility, common to police stations, used for temporary confinement of
an individual held for investigation.
2. Ordinary Jails – is the type of jail commonly used to detain a convicted criminal offender to serve
sentence less than three years.
3. Workhouses, Jail Farms or Camp – a facility that houses minimum custody offenders who are
serving short sentences or those who are undergoing constructive work programs. It provides full
employment of prisoners, remedial services and constructive leisure time activities.

Provincial Jails
Provincial Jails in the Philippines are not under the jurisdiction of the Bureau of Corrections. They are
managed and controlled by the provincial government.

Bureau of Jail Management and Penology (BJMP)


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

C. Organization and Key Positions in the BJMP:

Chief, BJMP- The Bureau shall be headed by a chief with the rank of Director, and assisted by a Deputy Chief
with the Rank of Chief Superintendent. The chief serves a tour of duty that must not exceed four (4) years,
unless extended by the President in times of war and other national emergencies.

RA 9263- "Bureau of Fire Protection and Bureau of Jail Management and Penology Professionalization Act of
2004."

The Chief is assisted by two (2) Deputy Chiefs, one (1) for Administration and another for Operations,
and one (1) 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 in the BJMP.

The second officer in command of the BJMP is the Deputy Chief for Administration,
The third officer in command is the Deputy Chief for Operations
The fourth officer in command is The Chief of the Directorial Staff, all of whom carry the rank of Chief
Superintendent.

The BJMP operates and maintains Regional Offices in each of the administrative regions of the country,
headed by a Regional Director for Jail Management and Penology, with the rank of at least Senior
Superintendent.

The Regional Director is assisted by an Assistant Regional Director for Administration, Assistant Regional
Director for Operations, and Regional Chief of Directorial Staff, who are all officers with the rank of at least
Superintendent.

Provincial Level:
In the Provincial Level, there shall be designated a Provincial Jail Administrator to perform the same
functions as the ARDs province wide. The rank should be at least Jail Superintendent.

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

City Office:
In the City l, a city or municipal Warden shall head each jail. The rank should be at least Jail Chief Inspector.

Municipal Office
The rank should be at least Jail Inspector.

Rank Classification of the BJMP:

RANK POSITION/TITLE APPOINTING AUTHORITY

Director Chief of the BJMP Secretary of DILG


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

Director (2-star general officer)


Chief Superintendent (1-star general officer)
JUNIOR OFFICERS
Senior Superintendent (colonel)
Superintendent (lieutenant colonel)
Chief Inspector (major)
Senior Inspector (captain)
Inspector (lieutenant)
NON-OFFICER RANKS (non-commissioned officers)
Senior Fire Officer 4 / Senior Police Officer 4 / Senior Jail Officer 4 (sergeant)
Senior Fire Officer 3 / Senior Police Officer 3 / Senior Jail Officer 3 (sergeant)
Senior Fire Officer 2 / Senior Police Officer 2 / Senior Jail Officer 2 (sergeant)
Senior Fire Officer 1 / Senior Police Officer 1 / Senior Jail Officer 1 (sergeant)
Fire Officer 3 / Police Officer 3 / Jail Officer 3 (corporal)
Fire Officer 2 / Police Officer 2 / Jail Officer 2 (private first class)
Fire Officer 1 / Police Officer 1 / Jail Officer 1 (private)

Duties and Responsibilities:

A. WARDEN
- Direction, Coordination, and Control of the Jail
- Responsible for the:
* Security, safety, discipline and well being of inmates

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

C. ADMINISTRATIVE GROUPS
The administrative groups take charge of all administrative functions of the jail bureau.

D. SECURITY GROUPS:

- The security groups provides a system of sound custody, security and control of inmates and their
movements and also responsible to enforce prison or jail discipline.

1. Escort Platoon
a) Escort Section – to escort inmate upon order of any judicial body; upon summon of a court; or transfer to
other penal institutions.
b) Subpoena Section – receives and distribute court summons,notices, subpoenas, etc.

2. Security Platoon – a three (3) working platoon shifts responsible for over all security of the jail
compound including gates, guard posts and towers. They are also responsible for the admitting and releasing
unit.

E. REHABILITATION PURPOSES GROUPS:

- This group provides services and assistance to prisoners and their families to enable them to solve
their individual needs and problems arising from the prisoners’ confinement.

1. Medical and Health Services Branch


- Provides medical and physical examinations of inmates upon confinement, treatment of sick inmates and
conduct medical and physical examinations and provide medicines or recommends for the hospitalization of
seriously ill prisoners or inmates. It also conducts psychiatric and psychological examinations.

2. Work and Education Therapy Services


- It take charge of the job and educational programs needed for rehabilitation of inmates by providing them
job incentives so they can earn and provide support for their families while in jail.

3. Socio- Cultural Services


- It takes care of the social case work study of the individual prisoners by making interviews, home visits,
referral to community resources, free legal services, and liaison works for the inmates.

4. Chaplaincy Services
- It takes charge of the religious and moral upliftment of the inmates through religious services. This branch
caters to all religious sects.

5. Guidance and Counseling Services


- Responsible for the individual and group counseling activities to help inmates solve their individual
problems and to help them lead a wholesome and constructive life.

Jail Manning Level

Custodial Ratio: 1 personnel for every 7 inmates


Court Room Ratio: 2 personnel for one inmate
Regular Escort ratio: 1 personnel for every one inmate plus one personnel for high risk inmate

THE RECEPTION AND DIAGNOSTIC CENTER (RDC)

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

1. The Psychiatrist – responsible in the examination of the prisoner’s mental and emotional make-up.
2. The Psychologist – responsible to conduct study on the character and behavior of the prisoners.
3. The Sociologist – study the social case situation of the individual prisoner.
4. The Educational Counselor – conducts orientation classes in order to change inmates’ attitude towards
education and recommends educational program for the prisoner.
5. The Vocational Counselor – to test the prisoner’s special abilities, interest and skills and recommends for
the vocational course best suited to the prisoner.
6. The Chaplain – encourage the prisoner to participate in religious activities.
7. The Medical Officer – conducts physical examination and recommends medical treatment of prisoners.
8. Custodial-Correctional Officer – recommends the transfer and type of custody of inmates.

THE QUARANTINE CELL OR UNIT

This may be a unit of the prison or a section of the RDC where the prisoner is given thorough physical
examination including blood test, x-rays, vaccinations and immunity. This is for the purpose of insuring that
the prisoner is not suffering from any contagious disease, which might be transferred to the prison
population.

ADMISSION PROCEDURES IN PRISON

1. RECEIVING – the new prisoner is received at the RDC. The new prisoner usually comes from a provincial or
city jail where he was immediately committed upon conviction by the court, and escorted by the escort
platoon during his transfer to the National Prison.

2. CHECKING OF COMMITMENT PAPERS – the receiving officer checks the commitment papers if they are in
order. That is, if they contain the signature of the judge or the signature of the clerk of court, and the seal of
the court.

Requirements for Commitment


a. Commitment Order/Mittimus- It is an order signed by the judge bearing its seal and signature,
directing a jail officer or a prison authority to receive the offender for custody or service of sentence
imposed therein.
b. Medical Certificate
c. Complaint/Information
d. Police Booking Sheet

3. IDENTIFICATION – the prisoner’s identity is established through the picture and fingerprint appearing in
the commitment order. This is to insure that the person being committed is the same as the person being
named in the commitment order.

4. SEARCHING – this step involves the frisking of the prisoner and searching his personal things. Weapons
and other items classified as contraband are confiscated and deposited to the property custodian. This is also
referred to as a shakedown. Other properties are deposited with the trust fund officer under recording and
receipts.

Contraband- any article, item or things prohibited by law and or forbidden by jail or prison rules.

5. BRIEFING AND ORIENTATION – the prisoner will be brief and oriented on the rules and regulations of the
prison before he will be assigned to the RDC or the quarantine unit.
Carpeta- refers to the institutional record of the inmates which consists of mittimus or commitment order,
information, and the decision of the trial court including the appellate court.

Prison Record- refers to the information concerning an inmate`s personal circumstances, offense committed,
sentenced imposed, criminal case number in the trial, the place of confinement, the date of expiration of
sentence, and others.
Courts And Other Entities Authorize To Commit A Person To Jail Or Prison
1. Supreme court
2. Court of Appeals
3. Sandiganbayan
4. RTC
5. MTC
6. MCTC
7. Congress
8. All other administrative bodies authorized by law to arrest or commit a person to jail or prison

Classification of Inmates
Every prison institution shall have a classification board which shall classify inmates in accordance with the
Correctional Operating Manual. The inmates shall be classified as to the security status and as to the
entitlement of prison privilege.

CLASSIFICATION - refers to assigning or to grouping of inmates according to their respective penalty,


gender, age, nationality, health, criminal records, etc.

CLASSIFICATION BOARD - Each jail shall maintain a classification board, if facilities and personnel are
available, to be composed of the following:

Chairperson - Assistant Warden


Member – Chief, Custodial/Security Office
Member – Medical Officer/Public Health Officer
Member - Jail Chaplain
Member – Inmates Welfare and Development Officer

DISCIPLINARY BOARD - A disciplinary board shall be organized and maintained for the purpose of hearing
disciplinary cases involving any inmate who violates jail rules and regulations. It shall be composed of the
following:
Chairperson - Assistant Warden
Member - Chief, Custodial/Security Office
Member - Medical Officer/Public Health Officer Member - Jail Chaplain
Member - Inmates Welfare and Development Officer
Member - Inmates’ Representative If the above composition is not feasible because of personnel limitation,
the warden shall perform the board’s functions and he shall act as the summary disciplinary officer.

THE TREATMNENT PROGRAMS

A. The Institutionalized Treatment Programs

1. Prison Education – the cornerstone of rehabilitation. It is the process or result of formal training
in school or classrooms intended to shape the mind and attitude of prisoners towards good living upon their
release.

2. Work Programs – these are programs conducive to change behavior in morale by training
prisoners for a useful occupation. It is purposely to eliminate idleness on the part of prisoners, which may
contribute to “Prison stupor”, and it affects the incidence of Prison riot.
3. Religious Services in Prison - The purpose of this program is to change the attitudes of inmates
by inculcating religious values or belief.

4. Recreational Programs - The only program that is conducted during free time schedule.

5. Medical and Health Services - Medical and health services includes: Mental and physical
examination - Diagnosis and treatment – Immunization – Sanitary - inspections - Participation in
training

6. Counseling and Casework

Section 31. MODES AND GUIDELINES FOR RELEASE - The following modes and guidelines shall be
observed when inmates are to be released from detention:
1. An inmate may be released through:
a. Service of sentence;
b. Order of the Court;
c. Parole;
d. Pardon; and
e. Amnesty.

Who may Authorize Release

1. Supreme Court in cases of acquittal or grant of bail


2. President of the Philippines in cases of executive clemencies or amnesty
3. BPP in parole cases
4. Director upon expiration of sentence

Section 32. PROCEDURE ON RELEASING - The procedures shall be observed when inmates are to be
released from detention.
1. Desk Officer Upon receipt of release order, the desk officer shall coordinate with the paralegal officer for
verification of the authenticity of said order.
2. Paralegal Officer Verifies the authenticity of the release order.
3. Records/Admin Officer
a. Starts processing inmate’s release.
b. Checks inmate records to ensure that the data in the release order coincide with the data in the inmate’s
carpeta (spelling of name, offense, Criminal Case Number, etc.).
c. Checks that the inmate has no other pending case/s
d. Routes the release paper to different signatories.
4. Property Custodian
a. Checks on the receipt of property and returns to the inmate his/her deposited items.
b. Makes sure that returned items of the inmate are duly received and properly recorded.
5. Desk Officer Records the release of inmate and the condition of the inmate upon his/her release.
6. Jail Warden Reports to concerned agencies/persons the release of inmate for aftercare program. Upon
release of the inmate, the warden shall notify the following agencies/persons:
Barangay Captain - mandatory
Priest or religious minister - mandatory
Family - if release is not witnessed by any member of immediate family
Court - in case of convicted inmate

The distance between STUDYING and PASSING is the same distance between your knees and the ground
Dean Cueno, 2013

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