Institutional Based Correction

CHAPTER 2: RIGHTS, LEGAL LIMITATIONS, AND CONDITIONS SET FORTH
BY THE CONSTITUTION, LAW, AND UNITED NATIONS DECLARATIONS ON

PRISONERS IN THE PHILIPPINES
PHILIPPINE CONSTITUTION
The 1987 Philippine Constitution provides several provisions related to the
rights of individuals, including those who are incarcerated.
Article III, Section 1

No person shall be deprived of life, liberty, or property without due process
of law, nor shall any person be denied the equal protection of the laws.
Article III, Section 19 (1)

Excessive fines shall not be imposed, nor cruel, degrading or inhuman
punishment inflicted. Neither shall the death penalty be imposed, unless, for
compelling reasons involving heinous crimes,
the Congress hereafter provides for it. Any death penalty already imposed shall
be reduced to reclusion perpetua.

The employment of physical, psychological, or degrading punishment against
any prisoner or detainee or the use of substandard or inadequate penal facilities
under subhuman conditions shall be dealt with by law.
Article III, Section 17

No person shall be compelled to be a witness against himself.

No person shall be held to answer for a criminal offense without due process
of law.

In all criminal prosecutions, the accused shall be presumed innocent until
the contrary is proved, and shall enjoy the right to be heard by himself and
counsel, to be informed of the nature and cause of the accusation against him, to
have a speedy, impartial, and public trial, to meet the witnesses face to face, and
to have compulsory process to secure the attendance of witnesses and the
production of evidence in his behalf.
However, after arraignment, trial may proceed notwithstanding the absence
of the accused provided that he has been duly notified and his failure to appear is
unjustifiable.
PHILIPPINE LAWS
Various laws in the Philippines outline the rights and limitations of prisoners.
RA 10575
Also known as the Bureau of Corrections Act of 2013, which provides for the
reformation and rehabilitation of prisoners.
Salient Features of RA 10575
1.Focus on Safekeeping and Reformation
2. Strengthening Security and Personnel
3.Promoting Human Rights
SAFEKEEPING AND REFORMATION

RA 10575 charges BuCor with the safekeeping of national inmates sentenced
to more than three years. This includes providing them with decent living
conditions, food, water, and clothing that meet established United Nations
standards.
BuCor is also responsible for institutionalizing reformation programs for
these inmates. This aims to equip them with skills and knowledge that will help
them reintegrate into society upon release.
STRENGTHENING SECURITY AND PERSONNEL

RA 10575 establishes a Custodial Force consisting of Corrections Officers
with a ranking system and salary grades similar to the Bureau of Jail
Management and Penology (BJMP). This aims to improve the professionalism
and effectiveness of prison security personnel.
RA 10575 also includes provisions for the protection of BuCor facilities
against potential attacks from illegal armed groups.
PROMOTING HUMAN RIGHTS

RA 10575 emphasizes the protection of the basic rights of all inmates
incarcerated in the national penitentiary. This includes their rights to visitation,
communication, religious practice, and others.
RA 10575 also mandates BuCor to comply with the United Nations Standard
Minimum Rules for Treatment of Prisoners (UNSMRTP), which set international
standards for humane treatment of prisoners.
UNITED NATIONS DECLARATIONS AND CONVENTIONS

The Philippines is a signatory to various international agreements and
declarations that protect the rights of prisoners. The Universal Declaration of
Human Rights, which affirms the right to be free from torture, cruel, inhuman, or
degrading treatment or punishment.
The International Covenant on Civil and Political Rights (ICCPR), which

outlines fundamental civil and political rights, including the right to humane
treatment for all individuals deprived of their liberty. The Standard Minimum
Rules for the Treatment of Prisoners (the Nelson Mandela Rules), which provide
guidelines for the treatment of prisoners and the management of correctional
facilities.
CHAPTER III
KEY TERMS
CORRECTION -Is a branch of the Criminal Justice System concerned with the
custody, supervision and rehabilitation of criminal offenders.
CORRECTION ADMINISTRATION- It is the study and practice of a systematic

management if jails or prisons and other institutions concerned with the
custody, treatment, and rehabilitation of criminal offenders.
PENAL MANAGEMENT- Is the manner or practice of managing or controlling

places of confinement as in jails or prisons.
PENOLOGY- Is the study of punishment for crime or of criminal offenders, a

term derived from the Latin word “POENA” which means pain or suffering.
PUNISHMENT- Is the redress that the state takes against an offending member
of society that usually involves pain and suffering.
TWO APPROACHES OF CORRECTION

1.Institutional Correction (Institutional-based Correction)
Rehabilitation or correctional programs take place inside correctional facilities
or institutions.
2.Non-Institutional Correction (Community-based Correction)
Rehabilitation or correctional programs take place within the community.
FORMS OF PUNISHMENT DURING PRIMITIVE ERA

1. Death penalty. It was carried out by hanging, immersing in boiling water,
burning and feeding to wild animals
2. Corporal punishment. The offender is inflicted with penalties such as

mutilation and disfiguration, flogging and making maiming.
3. Public humiliation. It causes shame to the offender wherein they are shaved
of their hair, branded and the use of stocks, pillory and docking stool.
4. Banishment. The offenders are transported to barren, newly discovered

territory and are not permitted to gain re-entry to their homeland.
SCHOOLS OF THOUGHT IN CORRECTION
PRE-CLASSICAL THEORIES
Secular Theory of Punishment (Aristotle)

Restoring the balance between pleasure and pain, whereby the loss suffered
by the victim is compensated by the suffering of the offender.
Judean-Christian Theory
Punishment has a redemptive purpose of repelling sin advocated by the
devil.
The Rise of Canonical Courts (Church’ Court)

The church forbid its adherence to state court and later in medieval period
the power of state court decline and canonical court was mainly for reformatory
in purpose.
Individualization of Punishment
The lawmakers and judges had the practical task of making and
administering law, but also face to face with indignation of the community at a
particular offense.
Abuse of Judicial Individualization

The law gave judges wide discretion to impose additional penalties in view
of the circumstances.
MODERN PENOLOGY (Classical School)

Dates from the publication of Cesare Beccaria (Crimes and Punishments in
1764), this represented school of thought that was born on the new
humanitarian impulse of the 18th century and be known as “Classical School” .
The Classical School assumed that every criminals acts to be a deliberate
choice determined by a calculations of the perspective pleasures and pains of the
act considered.
All that was needed to overcome the criminal purpose was to provide for
each and every crime a penalty adequate to overbalance its assumed advantages.
Excessive penalties such as deaths, were unnecessary and therefore unjust.
EFFECTS OF NEO-CLASSICAL SCHOOL OF PENOLOGY

1. Children and insane persons were exempted from punishment.
2. Punishment was mitigated or reduction of punishment for partial freedom of
the will due to lack of complete responsibility.
3.
It represented the reaction against the severity of the classical theory of equal
punishment.

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CHAPTER 2: RIGHTS, LEGAL LIMITATIONS, AND CONDITIONS SET FORTH

BY THE CONSTITUTION, LAW, AND UNITED NATIONS DECLARATIONS ON

Article III, Section 1

Article III, Section 19 (1)

Article III, Section 19 (2)

Article III, Section 17

Article III, Section 14 (1)

Article III, Section 14 (2)

SAFEKEEPING AND REFORMATION

STRENGTHENING SECURITY AND PERSONNEL

PROMOTING HUMAN RIGHTS

UNITED NATIONS DECLARATIONS AND CONVENTIONS

The International Covenant on Civil and Political Rights (ICCPR), which

CORRECTION ADMINISTRATION- It is the study and practice of a systematic

PENAL MANAGEMENT- Is the manner or practice of managing or controlling

PENOLOGY- Is the study of punishment for crime or of criminal offenders, a

TWO APPROACHES OF CORRECTION

FORMS OF PUNISHMENT DURING PRIMITIVE ERA

2. Corporal punishment. The offender is inflicted with penalties such as

4. Banishment. The offenders are transported to barren, newly discovered

Secular Theory of Punishment (Aristotle)

The Rise of Canonical Courts (Church’ Court)

Abuse of Judicial Individualization

MODERN PENOLOGY (Classical School)

EFFECTS OF NEO-CLASSICAL SCHOOL OF PENOLOGY

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