Corrections

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Corrections – a branch of administrative of criminal justice charged with the responsibility for the

custody, supervision, and rehabilitation, of the convicted offender.

I. Institutional Corrections.

Penology – a branch of criminology that deals with management and administration of inmates.

Some of the Society’s common response to crime:

1. Retribution;

2. Deterrence;

3. Incapacitation;

4. Rehabilitation; and

5. Reintegration.

The word “prison” is said to have been derived from the Greco-Roman word “Presidio”. Pre means
before and Sidio means inside.

The word “jail” is said to have been derived from the Spanish word “jaulo” which means cage. Its legal
definition: is a building or place of confinement of arrested or sentenced persons.

Types of Jail:

1. Lock-up jail;

2. Ordinary jail; and

3. Workhouse, Jail Farm of Camp-houses.

Distinctions between Jail and Prison:

1. Jail is under the Department of Interior and Local Government (DILG) through the Bureau of Jail
Management and Penology (BJMP); whereas, prison is under the Department of Justice (DOJ) through
the Bureau of Corrections (BuCor); and

2. In jail, the person detained therein is merely awaiting trial of his case and who cannot afford the
amount of bail imposed, hence there is no yet final judgment rendered by a court; whereas, in prison,
the person is convicted by final judgment and already serving his sentence.

Classification of Prisoners (P.D. No. 29)

1. Insular/National Prisoner (three (3) years and one (1) day to death);

2. Provincial Prisoner (six (6) months (1) day to (3) years)

3. City Prisoner (one (1) day to (3) years)

4. Municipal Prisoner (one (1) day to six (6) months).

Classification – refers to the assigning or grouping of inmates according to their sentence, age,
nationality, health, criminal records, etc.
Classification of prisoners according to the degree of custody:

1. Maximum security;

2. Medium security; and

3. Minimum security.

The seven (7) operating correctional facilities in the Philippines:

1. Bilibid Prison;

2. San Ramon Prison and Penal Farm;

3. Iwahig Prison and Penal Farm;

4. Correctional Institution for Women;

5. Sablayan Prison and Penal Farm;

6. Davao Prison and Penal Farm; and

7. Leyte Regional Prison.

II. Non-Institutional Corrections.

1. Good Conduct Time Allowance – the good conduct of a prisoner in a penal institution shall entitle him
the deductions from the period of his sentence (Article 97, Revised Penal Code) (RA. 10592 NEW GCTA
LAW)

a. First two (2) years – five (5) days each month (ART.97). 20 DAYS EACH MONTH (RA.10592)

b. From his third year to fifth year – eight (😎 days each month (ART.97). 23DAYS EACH MONTH
(RA.10592)

c. From his sixth year to tenth year – ten (10) days each month (ART.97). 25DAYS EACH MONTH
(RA.10592)

d. From eleventh year onwards – fifteen (15) days each month (ART.97). 30DAYS EACH MONTH (RA.
10592)

2. Commutation of Sentence – an executive clemency changing a heavier sentence to a less serious one
or a longer term to a shorter term;

3. Parole – is a method by which a prisoner who has served a portion pf his sentence is conditionally
released but remains in legal custody, the condition being that in case of misbehavior, he shall be
imprisoned;

4. Reprieve is the postponement of the execution of a death sentence to a certain date;

5. Amnesty – is an act of grace, which relieves the offender not only from suffering the penalty but
obliterates the effects of the conviction as if the act committed was not criminal in nature (Boado,
Revised Penal Code);
6. Pardon – has been defined as the executive clemency which exempts the individual on whom it is
bestowed from the punishment for a crime he has committed;

Distinctions between pardon and amnesty: pardon is granted to one after conviction; while amnesty is
granted to classes of persons or communities who may be guilty of political offenses, generally before or
after the institution of the criminal prosecution and sometimes after convictions. Pardon looks forward
and relieves the offender from the consequences of an offense of which he has been convicted, it
abolishes or forgives the punishment; whereas, amnesty looks backward and abolishes and puts into
oblivion the offense itself (People vs Casido, March 1997, 80 SCAD).

7. Probation (P.D. No. 968) – is a disposition under which the defendant, after conviction and sentence,
is released subject to the conditions imposed by the court and to the supervision of a probation officer.

*Who are disqualified from availing the benefits of probation?

a. Those who are sentenced to served a maximum imprisonment of more than six (6) years;

b. Those convicted of subversion or any crime against the national security or public order;

c. Those who have been previously convicted of an offense punished by imprisonment of not less than
one month and one day and/or fine of not less than two hundred pesos;

d. Those who have been once on probation; and

e. Those who are already serving their sentence when the Probation Law became effective.

E. Community

Katarungan Pambarangay Law establishes a system of amicably settling disputes at the barangay level.
The procedures on Katarungan Pambarangay are duly embodied under the pertinent provision of the
Local Government Code, as amended, or Republic Act No. 7160, more particularly Sections 399-422. The
purpose of the barangay conciliation is to reduce the number of court litigations and prevent the
deterioration of the quality of justice which has been brought about by the indiscriminate filing of cases
in the courts.

Section 412 of R.A. No. 7160 provides that no complaint, petition, action, or proceedings involving any
matter within the authority of the Lupon shall be filed or instituted directly or indirectly in court or in
any other government office for adjudication, unless there has been a confrontation between the
parties before the Lupon chairman or the pangkat, and that no conciliation has been reached as certified
by the lupon of pangkat chairman. This is the general rule.

The following are the exceptions to the foregoing rule:

1. Where one party is the government, or any subdivision or instrumentality thereof;

2. Where one party is a public officer or employee, and the dispute relates to the performance of his
official functions;

3. Offenses punishable by imprisonment exceeding one (1) year or a fine exceeding Five Thousand Pesos
(Php5,000.00);
4. Offenses where there is no private offended party;

5. Where the dispute involves real properties located in different cities or municipalities unless the
parties thereto agree to submit their differences to amicable settlement by an appropriate Lupon;

6. Disputes involving parties who actually reside in barangays of different cities or municipalities, except
where such barangay units adjoin each other and the parties thereto agree to submit their differences
to amicable settlement by an appropriate Lupon; and

7. Such other classes of disputes which the President may determine in the interest of justice or upon
the recommendation of the Secretary of Justice.

An amicable settlement shall have the force and effect of a final judgment of the court upon the
expiration of ten (10) days from the date thereof, unless repudiation of the settlement has been made
or a petition to nullify the award has been filed before the proper court.

In all barangay proceedings, the parties must appear in person without assistance of counsel or
representative except for minor and incapacitated (Section 15, R.A. No. 7160)

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