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INSTITUTIONAL CORRECTIONS

PROF. Arlyn M. Dascil-Canete


Forensic Chemist, Criminologist
IMPORTANT TERMS TO REMEMBER imprison, locked up.. ) for violation of laws
and also those who were sentenced by the
1: CORRECTIONS court to serve judgment.

 A branch of the administration of the 7: CONTROL


criminal justice system charged with the
responsibility for the custody supervision  Control involves supervision of prisoners to
and rehabilitation of convicted offenders. insure punctual and orderly movement to
 It is the fourth and it is considered to be and from the dormitories ,place of work
weakest pillar of the criminal justice in the ,church, hospitals recreational facilities ,in
Philippines accordance with the daily schedules .
 It is considered to be the weakest pillar
because of failure to deter individuals in 8: COUNSELLING
committing crimes as well as the
reformation of criminal offenders  It Is defined as a relationship in which one
endeavors to help another and solve his
2: CORRECTIONAL ADMINISTRATION problem of adjustment it is distinguished
from advice and admonition in that it
 Study of practice in systematic implies mutual consent .
management concerned with the custody
,treatment and rehabilitation of criminal 9: CASE WORK
offenders.
 In correctional work includes the
3: CORRECTION AS A PROCESS professional service rendered by
professionally trained personnel in the
 Refers to the reorientation of the criminal description and social treatment of
offender to prevent him or her from offenders .
repeating his deviant (abnormal) or
delinquent (criminal, felonious, wrong) 10: CONTRABAND
actions without the necessary of taking
punitive actions but rather the introduction  Is anything found in the possession of the
of individual measures of reformation. prisoner contrary to rules and regulation

4:CLASSIFICATION 11: DISCIPLINE

 It is a method by which diagnosis  It has also been defined as a continuing


,treatment ,planning and execution of state of good order and behavior
treatment program in individual case
 It includes the maintenance of good
 This of these refers to the assigning or standards of work ,sanitation ,safety,
grouping of offenders according to their education personal health and
sentence, gender, age, nationality, health, recreation.
criminal record, etc.
12 INSTITUTION-BASED CORRECTION
5: CRIMINAL JUSTICE SYSTEM PRACTICES

 It is the machinery used by a government  Offenders found guilty and sentenced by


to protect the society against criminality the Courts for confinement are categorized
and other peace and order problems. based on their length of sentence into
either a municipal ,city ,provincial or
6: CUSTODY national prisoner facilities based on these
categorizations
 Guarding and penal safe keeping
 The maintenance of care and protection 13; DIVERSIFICATION
accorded to people who by authority of law
are temporarily incarcerated (confined,
 The principle of separating homogenous  A person accused before a court or
type of prisoners that requires special competent authority who is temporarily
treatment and custody . confined in jail while undergoing
investigation or waiting for final judgment.
14: IMPRISONMENT
23: ESCAPE

 The process putting of offenders in prison  An act of getting out unlawfully from
for the purpose of protecting the public and confinement or custody by an inmate
at the same time rehabilitating them by
requiring the latter to undergo institutional 24: INMATE
treatment Program
 It refers to either a prisoner or detainee
15: MORALE confined in jail

 Is the mental condition of individuals or 25: PRISONER


group regarding courage ,zeal, hope and
confidence in the present principle and way  An inmate who was convicted by final
of life judgment and classified as insular ,city or
Municipal .
16: PENOLOGY
26: MITTIMUS
 The study of punishment for the crime or of
the criminal offenders  A warrant issued by a court bearing its
 Is a term derived from the latin word seal and signature of the judge ,directing
POENA which means pain or suffering the jail or prison authorities to receive
 Otherwise known as Penal science inmates for custody or service of sentence
 Can be defined as the division of imposed therein
criminology that deals with the prison
management and treatment of offenders 27: COMMITMENT ORDER
and concerned itself with the philosophy
and practice of society in its effort to  A written order of the court or any other
repress criminal activities competent authority consigning an offender
to jail or prison for confinement
17:PUNISHMENT
28: SAFE KEEPING
 It is the redress that the state takes against
an offending members for the  The temporary custody of a person for his
transgression of law . own protection .safety or care and his
security from harm ,injury
18: PENALTY
 shall refer to the act that ensures the public
 The suffering that the state takes against (including families of inmates and their
the offending members for the victims) that national inmates are provided
transgression of law . with their basic needs, completely
incapacitated from further committing
19: PENAL MANAGEMENT criminal acts, and have been totally cut off
from their criminal networks (or contacts in
 It is the manner or practice or controlling the free society) while serving sentence
places of confinement like jails or prison inside the premises of the national
penitentiary.
20: PROSELYTIZING
 This act also includes protection against
 The act of prisoner trying to convert or illegal organized armed groups which have
induce another to change his religious the capacity of launching an attack on any
belief, sect or the like to another prison camp of the national penitentiary to
rescue their convicted comrade or to
21: CONTRABAND forcibly amass firearms issued to prison
guards.
 Any article, item or thing prohibited by law
and /or forbidden by jail rules 29; SUBSIDIARY IMPRISONMENT

22; DETAINEE 30: INSOLVENT


 A convicted offender who cannot pay a fine
that is imposed upon him 40: REHABILITATION

31; INSTRUMENT FO RESTRAINT  The task of changing an offenders „s


attitude so that he or she may not be
 A device contrivance ,tool, or instrument commit Another crime in the future
use to hold back ,keep in check or control
an inmate ,e.g handcuffs, leg irons 41: REINTEGRATION

32: OPERATION GREYHOUND  This refers to phased reentry into society


rather than the usual abrupt re- entry at the
 Operation conducted by the BJMP wherein end of a prison sentence
prisoner may be checked at any time ,His
beddings ,lockers and personal belongings 42: QUASI RECIDIVIST
may be opened at any time .in his
presence ,whenever possible  Any person who shall commit a felony after
having been convicted by final judgment
33: CONJUGAL VISIT before beginning to serve such sentence or
while serving the same ,shall be punished
 A privilege of a married male prisoner is by the maximum period of the penalty
visited by his wife and they are granted prescribed by law for the new felony.
time for their marital sexual obligation
43: HABITUAL CRIMINAL
34: HALF WAY
 These are group homes designed to help  A person is deemed to be a habitual
institutionalized people adjust to life in the criminal if within the period of 10 years
outside community from the date of his released or last
conviction of the crime of serious or less
35; CARPETA serious physical injury ,robbery ,theft
estafa or falsification ,he is found guilty of
 Inmate record or jacke, it contains the any of said crimes a third time or oftener
personal and criminal records of the
inmate. 44: RECIDIVIST

36; STRIP SEARCH  One who at the time of his trial for one
crime shall have been previously convicted
 A practice of searching a person for by final judgment of another crime
weapons or other contraband suspected of embraced in the same title of the Revised
being hidden on their body or inside their Penal code)
clothing ,and not found by performing a
frisk search ,by requiring the person to 45: REFORMATION
remove some or all of his or her clothing
.the search may involve an official  which is the rehabilitation component of the
performing an inmate person search and BuCor's present corrections system, shall
inspecting their personal effects and body refer to the acts which ensure the public
cavities (mouth,vogina,anus etc) A strip (including families of inmates and their
search is more intrusive than a frisk and victims) that released national inmates are
requires legal authority .Regulations no longer harmful to the community by
covering strip searches vary considerably becoming reformed individuals prepared to
,and may be mandatory in some situations live a normal and productive life upon
or discretionary in others . reintegration to the mainstream society.

37; SHAKE DOWN 46; SHOT DRILL

 Examination of an inmate for contraband  One form of punishment inflicted on


before admission prisoners ,which simply involved carrying
heavy loads from one place to another and
38; CONVICTION then returned to the same place over and
over again every day
 (Criminal law) a final judgment of guilty in a
criminal and punishment that is imposed 47: TREADMILL

39; CONVICTION. GUILTY VERDICT  Another method devise used to make the
 An act finding some body guilty of a crime prisoner suffer where the prisoner is
,or an instance of being found guilty continually made to continually climb stairs
.Prisoners are made to climb this treadmill exact punishment appropriate to each crime
continually during the day time with .no discretion would be left to the judge.
prisoner logging up nto 14,ooo feet of
stairs per day or the e e quivalent of three Freewill (Beccaria) –
to four stiff mountains climbed per day
 a philosophy advocating punishment severe
HISTORICAL PERSPECTIVE ON THE enough for people to choose, to avoid
DEVELOPMENT OF CORRECTIONS criminal acts

Correction Bentham of England

 is that branch of the administration of the  another exponent of classical school ,also
criminal justice charged with the responsibility holds that society must reward those who
for the custody, supervision and rehabilitation accept responsibility and punish those who
of the convicted offenders. do not.thus bringing pleasure and pain into
service of society.
 is the study of jail/prison management and
administration as well as rehabilitation and Hedonism (Bentham) –
reformation of prisoners.
 the belief that people choose pleasure and
Penology – avoid pain.

 From the Greek words “Poine” which B: The Neo-Classical School of Criminology
means Punishment and “Logus” – course
or study of crime prevention, prison, The criticisms against the classical school led to the
reformatory management and correction of foundation of the Neo-classical school of
criminals. criminology. Under the neo-classical doctrine, there
are situations or circumstances that made it
A: The Classical School of Criminology impossible to exercise freewill are reasons to
exempt the accused from conviction.
 The classical theory came about as a direct
result of two influences : The Neoclassical school does not represent any
1. it came about as a protest against the break with the classical view of human nature. It
abuses and discretionary power of merely challenges the classical position of absolute
judges freewill. Because of this, it led also to the proposition
2. it was also influenced by the that while the classical doctrine is correct in general,
philosophical school of thought it should be modified in certain details:

 It maintain the doctrine of psychological That children and lunatics should not be regarded as
hedonism and freewill .that individual criminals and free from punishment. It must take into
calculates the pleasures and pain in advance account certain mitigating circumstances.
of action and regulates his conduct by the
result of his calculation C: THE ITALIAN OR POSITIVE SCHOOL

 Cesare Beccaria (Cesare Bonesara  The school that composed of Italians who
Marchese de Beccaria) with Jeremy agreed that in the study of crime the
Bentham (1823) who proposed “Utilitarian emphasis should be on scientific treatment
Hedonism”, the theory, which explains that a of the criminal, not on the penalties to be
person always acts in such a way as to seek imposed after conviction .It maintained that
pleasure and avoid pain, became the main crime as any other act is a natural
advocates of the Classical School of phenomenon and is comparable to disaster
Criminology. or calamity. That crime as a social and moral
phenomenon which cannot be treated and
Cesare Beccaria checked by the imposition of punishment but
rather rehabilitation or the enforcement of
 In his “book , Crimes and Punishment”, he individual measures.
presented his key ideas on the abolition of
torture as a legitimate means of extracting  The Positivist School of Criminology rejected
confessions. He holds that justice consists of the Classical School's idea that all crime
equal treatment of all criminals for like resulted from a choice that could potentially
offenses. whereas the court of the day were be made anyone. Though they did not
dealing unequally with criminals according to disagree with the Classical School that most
their rank and influence .Becaria would have crime could be explained through "human
the legislature ,not the court determine the nature," they argued that the most serious
crimes were committed by individuals who
were "primitive" or "atavistic"--that is, who This theory advocates the study of the criminal
failed to evolve to a fully human and civilized rather than the crime .This school is interested
state. Crime therefore resulted not from primarily in the personality of the criminal himself in
what criminals had in common with others in order to determine the conditioning circumstances
society, but from their distinctive physical or that explain his criminality and in order to obtain light
mental defects. upon the problem of how he should be handled by
the social group.
ADVOCATED BY:
CORRECTIONAL SYSTEM
1) Lambroso- – The Italian leader of the
positivist school of criminology, was criticized The function of correction serves to rehabilitate and
for his methodology and his attention to the neutralize the deviant behavior of adult criminals
biological characteristics of offenders, but his and juvenile delinquents. This component of the
emphasis on the need to study offenders criminal justice system faces a three-side task in
scientifically earned him the “father of carrying out the punishment imposed on the
modern criminology.” convicted offender by the court, to deter, to inflict
retribution, and rehabilitate. The components of the
 The criminal in relation to Antropology correction effectuate their functions through different
,jurisprudence and psychiatry. programs, probation, commitment to an institution,
and parole.
 Lambroso in his book, sought to explain
crime in terms of physical make up of the Prisons are a major stock in the moral order of the
criminal. society. They symbolize the ultimate instrument of
punishment the state can wage against those who
 In studying the insane the patient ,and not renege on the social contract. Besides death,
the deceased ,should be the object of imprisonment remains society‟s most ominous
attention. response to the social disorder. Include among the
purposes of a civilized society are maintenance of
CLASSIFICATION OF CRIMINAL BY law and order and control of violence. To
LAMBROSO: accomplish this purpose, deviant individuals are
isolated.
a) Born criminals- there are born criminals
according to Lombroso, the belief that EVOLUTION OF CORRECTIONS
being criminal behavior is inherited.
b) Insane criminals- idiot, imbeciles, Code of Hammurabi (1750 BC) - the first formal
dementia, paralysis Pelegna,etc. law dealing with the concept of justice as Lex
c) Criminaloids- Not born with physical Taliones “An Eye for an Eye and a Tooth for a
stigma but who are of such mental makeup Tooth”.
that display anti social conduct
Mosaic Law – allowed extreme punishments
2) Ferri- Enrico Ferri was born in Italy in such as flogging or burning alive, offenders are
1856 ferri advocated the theory of entitled to freedom from torture and admission of
imputability and the Denial of freewill in guilt is admissible only when there is a confirmatory
1878 Ferri contributed to the emphasis of testimony from at least one witness.
of the social factors such as.
King Ur-Nammu’s Code – decreed the imposition
a) Physical factors- ,including of restitution and fines of execution, mutilation or
geographical,climate,temperature. other savage penalties. It holds the principle that
b) The anthropological factors including offender can be punished and victims can be paid
psychological by making the offender reimburse the value of
c) The social factors ,including economics whatever damages as the result of crime.
and political factors as well as age ,sex
education requirement Nicodemeans Ethics – written in 400 BC first
publication that explains crime and
3) Garofalo- He was born in Naples in corrective justice stating that “ Punishment is a
1852,from parents of Spanish origins mean of restoring the balance between pleasure
Garofalo thinks that crime can be and pain”
understood only as it is studied by 509 BC – a law was passed prohibiting flogging or
scientific method. the criminal is not free execution unless affirmed by the Centuriate
moral agents but is product of his own Assembly.
traits and his circumstances .
Underground cisterns – a form of prison used to
D: THE MODERN CLINICAL SCHOOL detain offenders undergoing trial in some cases and
to hold sentences offenders where they were to be
starved to death.
Ergastulum – Roman prison that was used to King Henry VII of England – he decreed corporal
confine slaves where they were attached to punishment for vagrants in 1531 and penal slavery
workbenches and forced to do hard labor in the in 1547 to depend the interests of the still dominant
period of their imprisonment. landlord class.

Justinian Code – Roman Emperor Justin put this Bridewell Institution in Bridewell, England –
code into law in 529 AD and became the standard established during the reign of King
law in all the areas occupied by the Roman Empire Edward VI, as a workhouse for vagabonds, idlers
particularly Europe. This code was a revision of the and rogues. The Bridewell was a reform of some
Twelve Tables of Roman Law that originated at bout sort over the traditional, already unworkable system
500 BC stating every crime and penalties for every of punishment. Vagrants and prostitute were given
offense listed in the said table. work while serving their sentence. After two
centuries this system lost its usefulness due to
Burgundian Code – code that introduced the banishment of offenders to the colonies.
concept of restitution but punishment was meted
according to the social class of the offenders. Lombroso, Beccaria and Betham – their efforts
Offender had to pay the specified value in order not changes the prison system based on solitary
to undergo physical sufferings as penalty. confinement and hard labor so that by 1779 a
penitentiary act was passed that mandated the
Pope Innocent VIII (1487) – issued Papal Bull that establishment of prison system.
allowed refugee offenders to be 3 driven out of the
sanctuary if they used this for committing crimes but Norfolk Prison at Wymondham, England – after
half centuries later, many sanctuaries closed and the Penitentiary Act of 1779 this prison was opened.
those still remaining have refused to accept
offenders of serious crimes such as rape, murder National Penitentiary of Milkbank – followed in
and robbery. 1821.

Pope Leo I – 440AD was the first Pope to fully Pentonville National Penitentiary – opened in
expressed approval for killing, otherwise human and 1842.
divine law would be subverted.
Alexander Solshenitsyn – a political prisoner who
Priscilian – 385 AD the first recorded Christian who popularized banishment is the Gulag Archipelago in
was put to death for being a heretic (Unorthodox) a novel.
but death as capital punishment was first used in
1022 in Orleans, France when thirteen heretics were Penal Code of Russia (1845) – punishes offenders
burned at the instigation of the church. Pope to hard labor of four years to life. Fortunate
Innocent II tried to wash his hands like a Pontius prisoners sentenced to hard labor were destined to
Pilate when it turned over heretics to the secular the factories or construction of fortresses.
authorities for proper punishment that included Sentences to labor in the mines were the unluckiest
death. of the destinations.
Pope Gregory IX – through his Papal Encyclical
“Encommunicamus” issued in 1231 that made part 2 Distinct Benefits of Banishment
of the Canon Law the burning of non-believers at the
stake. He also initiated the Inquisition that led to the 1. It allowed the transporting country to colonize
burning of hundreds of heretics. distant lands such as Australia, Canada, Africa and
all other far-flung colonies.
Pope Innocent IV – officially introduced torture to 2. It reduced number of criminals and the
the Inquisition procedure in 1252. concomitant reduction of criminality in the country of
origin.
Pope John Paul II – reversed the practice of death
as form of punishment, Pro-Life Pope in his Aside from banishment and hard labor offenders
Encyclical Tertio Millenio Adveniente, formally were also sentenced to provide hard labor for public
apologized to the past intolerance and use of works including the building of military fortifications
violence in the defense of truth and has challenged and as a result of these developments, Spaniards
to break away from the “culture of death”. also built fortifications in the Philippines and that
includes Fort Santiago in Manila and Fort Del Pilar
Gaols – other word for jails during early days, were in Zamboanga.
hard for poor prisoners but not for those who were
wealthy. This was because prisoners had to pay for Maine State Prison – underground facilities to
their accommodations, food and cost of incarcerate offenders contained cells in the 4 pits
administration and security. Beddings, blankets, similar to the underground cistern of long ago Rome
lights and everything were sold or rented to that were used to detain offenders undergoing trial
prisoners at very high rates. The jailer or gaoler was in some cases and to hold sentenced offenders
paid from payment of prisoners. where they will be starved to death. These pits were
entered through an iron gate in the ceiling during
late 1828. 3. Alexander Maconochie- Superintendent of
the penal colony at Norfolk Island in Australia
Connecticut State Prison – used a copper mine at ,introduced a progressive humane system to
Simsbury from 1773 to 1827 as prison facilities substitute for corporal punishment. When a
wherein prisoners worked in the mines during the prisoner earned a required number of marks
day and then their ankles and necks were shackled he was given a ticket of leave ,which is the
during nighttime to prevent escape. equivalent of parole .

Sing Sing Prisons – became famous or rather Maconochie introduced several other
infamous all over the world and was plot of progressive measures which aimed at
many movies filmed because of the Sing sing bath rehabilitating prisoners He introduced fair
which was inflicted aside from the floggings, denial deciplinary trials ,but churches, distributed
of reading materials and solitary confinement. The books, allowed plays to be staged ,and
shower bath was a gadget do constructed as to drop permitted prisoners to tend small gardens
a volume of water on the head of a locked naked .for his progressive administrations of
offender. The force of the icy cold water hitting the prisoners .Maconochie should be considered
head of the offenders caused so much pain and one of the fathers of modern penology.
extreme shock that prisoners immediately sank
into come due to the shock and hypothermia or 4. Sir Walter Crofton- Chairman of the
sudden drop of the body temperature. directors of Irish Prison .IN 1856, Crofton
introduced the Irish system ,latter called the
The Walnut Street Jail (1790) progressive stage system .

Originally constructed as a detention jail in a) The first stage of the Irish system
Philadelphia, it was converted into a state prison was solitary confinement for nine
and became the first American Penitentiary. It began months at a certain prison .the
the penitentiary system in the United States when prisoners at this stage were given
legislation was passed establishing the principle of reduced diet and allowed
solitary confinement, strict discipline, productive monotonous work .the prisoner
work and segregation of the more dangerous progress to a more interesting
offenders. work,some education,and better
(1830) treatment toward the end of first
stage.
Jail Penitentiary: Concept
b) The second stage was an
The term penitentiary came from the Latin word assignment to the public works at
“Paenitentia” meaning penitence, and was coined Spike Island .the prisoner worked his
by an English prison reformer, John Howard. It promotions through a series of
referred to a place where crime and sin may be grades according to a mark system
stoned for and penitence produced. ,and wore a badge of distinction to
show his status
given the work. Silence was also enforced.
“Sentenced to Solitary Confinement at Hard Labor” c) In the third stage the prisoner was
sent to lurk or Smithfield which was a
sort of preparation for release .here
In Europe ,several penal administrators can be the prisoner work without custodial
mentioned as among those who contributed to supervision and was expose to
progressive development of the reformatory ordinary temptation of freedom.
system d) The final stage was the release on
supervision under conditions
1. Manuel Montesinos- director of the prison equivalent to present day parole.
of Valencia ,Spain ,in 1835 ,divided prisoners
into companies and appointed prisoners as 5. In 1876, the New York state reformatory at
petty officers incharge. Academic classes of Elmira opened with Z. R. Brockway
one hour a day were given all inmates under introduced in Elmira in Elmira a New
20 years of age. institution program for boys from 16 to 30
years of age .
2. Domet of France- established and
agricultural colony for delinquents boys in  the new prisoner was classified as second
1839 .The boys were housed in cottages grade and was promoted to first grade after
with house fathers as incharge. the system six (6) months of good behavior Another six
was based on re education rather than force (6) months of good behavior in the first
.when discharged the boys were placed grade qualified him for parole. If the prisoner
under supervision committed a misconduct he was demoted to
third grade where he was required to show – land labor is more effective punishment
good conduct for one month before he could than death for serious offense. He fought for
be reclassified to second grade. religious freedom and individual rights. the
first leader to prescribed imprisonment as
Elmira Reformatory correctional treatment for major offenders.He
is also responsible of the abolition of the
 The Elmira Reformatory is considered as the death penalty and torture as a form of
forerunner of modern penology because it punishment.
had all the elements of a modern correctional
system, among which were a training 2) Isaac Newton – He published the book
school type, that is, compulsory entitled principia in 1687. Wherein he
education; case work method; and encouraged intellectuals to investigate
extensive use of parole based on the social and scientific phenomena methodically
indeterminate sentence. This was the first and objectively.
penal institution to remodel its penal
philosophy away from punitive and retributive 1. John Locke- wrote essay concerning
practices and veered them towards human understanding and his treatise of
reformation and treatment. Educational and government.
vocational were imparted to the prisoner as a
way to treat his lack of life skills to survive 2. Charles Montesquieu-(1689- 1755) He
according to the rules of ourside society. published a book entitled spirit of the
Parole also started in Elmira Reformatory, laws. A French historian who analyzed
after 12-month of good conduct prisoner, he law as an expression of justice. He
was eligible for parole. believed that harsh punishment would
undermine morality and that appealing to
6. Sir Evelyn Ruggles Brise – was the moral sentiment as better means of
Director of English Prisons who opened the preventing crimes, confronted religion
Borstal Institution after visiting Elmira and historical role of the church in the
Reformatory in 1897, such as Borstal political arrangement of the society.
Institutions are today considered as the best
reform institutions for young offenders. This 3. Voltaire(Francis Marie Arquuet) 1694 -
system was based entirelty on the 1778) He believes that shame was
individualized treatment. deterrent to a crime , fought the legality –
sanctioned practice of torture and was
7. John Howard – known as the Father of the most versatile philosopher during this
Penitentiary. Sheriff from Bedfordshire, period.
England who exercised the traditional but
neglected responsibility of visiting the local
prisons and institutions. He was shocked by 4. Cesare Bonesa ,Marqueuise De
what he saw, especially when he learned Becarria (1734 1794)- He wrote an
that the keepers were paid no regular salary essay entitled “ an essay on crimes and
but depended upon extracting a living from punishment”,which become the most
the prisoners; secondly, that large number of exiting on law during this century. And
persons who had been discharged by the presented the humanistic goal of law
grand jury or acquitted at their trials were still
detained owing to the fact that they had been 5. St Michael – emphasized the rehabilitate
unable to pay their discharge fees. For every concept and pioneered the segregations
prison inspected, he put into records of prisoners and forced silence to make
important details he observed, wrote and the prisoner contemplate their wrong
published a book that started the interest of doings. The conviction are chained in
reformers in English society. Many of his one foot and observing strict rule of
landmark recommendations were silence they listened to religious brothers
incorporated into the Penitentiary Act of 1779 giving religious teaching .many of the
and adopted as standard procedure in the practices pioneered in ST Michael were
first modern prison constructed in 1785 on later To be adopted in the United states
Norfolk, England. It was not until 1842 that in what in what Is now to be known as
Howard‟s idea of penitentiary was given the AUborn system of imprisonment.
recognition.

OTHER PERSONALITIES WHO CONTRIBUTED 6. Henry V111 –He alone who put to death
IN THE DEVELOPMENT OF REFORMATORY the 72.000 citizens by means of boiling to
SYSTEM death as a means of executing convicted
offenders
1) William Penn- (1614-1718) Founder of the
Quakers movement –great law of the quaker
7. Clifford Shaw- conducted a research on declaration of principles so modern and
100.000 identified school truants, juvenile comprehensive in scope that when it was
in conflict with the law and adult revised in the prison congress in 1933 .few
offenders from Chicago school. amendments were made .since its
founding the association has held annual
congress of corrections and has taken
active leadership in reform movements in
COMPENSATION FOR WRONG ACT the filed of crime prevention and treatment
of offenders
1. Retaliation (Personal vengeance) the 2) In 1872,the first international prison
earliest remedy for wrong act to anyone the congress was held in London. It was
concept of personal vengeance by the victim attended by representatives of the
„s family or the tribe against the family or Government of the United states and
tribe of the offender Hence blood feuds was European countries as a result of this
accepted in the early primitive‟s society congress ,the International Penal and
Penitentiary commission ,an
2. Fines and punishment- Custom have international Government organization
exerted effort and great force among was established in 1875 with Headquarters
primitive societies ,the acceptance of at Hague .the IPPC held international
vengeance in the form of payment congress every five years in 1950 the
(cattle,food,personal services)as dictated IPPC was dissolved and its function were
by tribal traditions transferred to the social defense section of
3. Punishment is the redress that the state United Nations
takes against the offending members.
3) the Elmira Reformatory ,which was
EARLY FORM OF PRISON DISCIPLINE considered as the for runner of modern
penology ,was opened in Elmira ,New York
1. Hard labor- productive work in 1876.the features of Elmira were training
school type of institutional program ,social
2. Deprivation –deprivation of everything case work in the Institution and extensive
except the essential existence. use of parole

3. Monotony- giving the same food that is off 4) The first separate institution for women
diet ,or requiring the prisoners to perform were established in Indiana
drab or boring daily routine. Massachusetts

4. Uniformity –treats prisoner alike “the fault of


one is the fault of all‟ PHILIPPINE PRISON AND JAILS
ORGANIZATION ,POWERS AND
5. Mass movement –mass living in cellblocks FUNCTIONS
,mass eating ,mass recreation.mass bathing
Prison defined
6. Degredation- uttering insulting words or
language on the part of the prison staff for  Penitentiary an institution for the
the prisoners to degrade break the imprisonment (incarceration) of person
confidence of the prisoners convicted of major/serious crimes

7. Corporal punishment -imposing brutal  A building usually with cells ,or other
punishment or employing physical torture to established for the purpose of taking safe
intimidate a delinquent inmate custody or confinement of criminals

8. Isolation or solitary confinement- the lone  A place of confinement for those charged
wolf- non communication limited news with or convicted of offenses against the
laws of the land
THE GOLDEN AGE OF PENOLOGY
Jail defined
The period from 1870 to 1880 was called the
Golden Age of Modern Penology because of the  a place of detention for those awaiting final
following significat event disposition of criminal action and the
service of short sentences usually up to
1) In 1870, the National Prison association three years.
,now American correctional association
,was organized and its first annual Jail vs Prison
congress was held in Cincinati Ohio .in
this congress the association adopted a JAIL PRISON
1; As to term Less than More than 3 demoted from a higher class or promoted
of penalty three years years from a lower class
2. As to Convicted or All convicted 4) First class inmate – one whose known
inmate pending trial character and credit for work while still in
3. As to As far as It is under the detention earned classification to this class
administra provincial jail bureau of ,or one who was promoted from lower
tion is concerned correctiont class and
it is under the 5) Colonist- a classified first class inmate
administration for at least one year immediately
of Provincial preceeding his classification as such and
government,in has served with good conduct ,at least one
case of fifth of his maximum sentence ,or has
Municipal and served seven years in case of life
City District sentence.
Jail ,it is
under THE PHILIPPINE PRISON SYSTEM
supervision of
the Bureau of 1: In 1847, the construction of Bilibid Prison
Jail started .this institution become the central place
Management of confinement for Filipino prisoners .Prior to
and Penology establishment of Bilibid prison Prisoners were
4. As to head District Jail Prison Penal confined in jails under the jurisdiction of
of under the colony and commandancias where law enforcement units
institution BJMP is penal ,it is were stationed ,Commandancias were established
headed by the headed by the in practically every province of the country .
warden superintendent
2: In 1865, the Bilibid Prison was opened by virtue
NOTE; The population of jail and prison including of a Royal Decree.
penal farms and penal colonies except the
personnel are called inmates, Prisoners with the 3: In 1936,the city of Manila exchanges its
exception of jails whose inmate are undergoing Muntinlupa property of 552 hectares with that of
trial of their respective cases are also called the Bureau of Prison lot in manila : This
detainees Muntinlupa estate was originally intended as a site
for the boys training school ,but because it is far
THE BUREAU OF CORRECTIONS from Manila .the city government of Manila
preferred the site of the Old Bilibid prison. Famous
Bureau of Prisons was renamed ,Bureau of as the May Halique state. And the oldest prison
corrections under Executive Order 292 passed in the Philippines is the fort Santiago.
during the Aquino administration .it states that the
head of the Bureau of correction is the director of NATIONAL PENITENTIARIES
prison who is appointed by the president of the (Bureau of Corrections)
Philippines with the confirmations of commission
on appointments . ORGANIZATION

The Bureau of Correction has general The Bureau of Corrections is under the
Supervision and control of all National and Department of Justice. It is headed by the
Provincial prisons or penitentiaries .It is Director of Corrections, who is authorized to
charged with the safe keeping of all insular exercise command, control and direction of the
prisoners confined therein or committed to the following prison facilities and staff offices:
custody of the bureau
PRISON FACILITIES AND THEIR FUNCTIONS
Inmates of the Bureasu of Corrections are
classified according to the following: There are seven (7) correctional facilities of the
Bureau of Corrections, which are located all over
1) Detainee- those whose cases are or have the country, administered by its Penal
other pending cases Superintendent.
2) Third class inmate .those who have been
previously committed as a sentenced 1: THE NEW BILIBID PRISON (NBP)
prisoner for three times or more except
cases involving non payment of fines or It is located in Muntinlupa, Cityl. This is where
those classification were reduced from a the Bureau of Corrections Central Office is co-
higher class. located. Within the complex are three (3) security
3) Second class inmate –newly arrived camps administered by a Penal Superintendent
inmates committed for the first time ,or and assisted by an Assistant Superintendent in
each Camp. The three security camps are:
On November 16 ,1904 ,foreman R.J. Shield with
a) The Maximum Security Compound is for sixteen prisoners left the Bilibid Prison by order of
prisoners whose sentences are 20 years and Governor forbes who was security of commerce
above, life termers or those under capital and police ,to establish the Iwahig Felony in
punishment, those with pending cases, those Palawan .the idea was hatched on the suggestion
under disciplinary punishment, whose cases are of the Governor Luke E wright who envisioned it to
on appeal, those under detention and those that be an institution for incorrigibles .the first
do not fall under medium and minimum-security contingent ,however ,revolted against the
status. authorities .they hogtied their superintendent
,Mr,Madaras ,and could have killed him were it
b) The Medium Security Camp is for not for the timely succor of the Philippine Scouts
prisoners whose sentences are below 20 years stationed in Puerto Prinsesa.
(computed from the minimum sentence per
classification interpretation) and those classified When the Philippine commission ,by virtue of
for colony assignment. Reorganization act 1407 created the bureau of
prison on November 1,1905 the authorities
c) The Minimum Security Compound is an changed the policy regarding Iwahig, so that
open camp with less restrictions and instead of sending incorrigibles ,inmates who
regimentation. This is for prisoners who are 65 well behaved and declared tractable were
years old and above, medically certified as invalids assigned to this colony .
and for those prisoners who have six months or
less to serves before they are released from Today ,the Iwahig Penal colony enjoys the
prison. reputation of being one of the best open
institution in the world only mutual trust and
Today the new Bilibid Prison operates two satelite confidence between the wards and prison
Units ,namely, authorities keep them together there being no
walls.
a) The Bukang Liwayway Camp- it houses
the minimum security prisoners.who work in the At present the Iwahig Penal colony is a minimum
various project of the institution custody or open institution.it has an area of 36.000
hectares .the colony is divided into four sub
b) The Sampaguita Camp- it is located in colonies ,namely:
Reception and Diagnostic Center and houses the
medium security Unit and the Youth Rehabilitation 1. Sta lucia sub colony
Center. 2. Inagawan sub colony
3. Montible sub colony
Note the New Bilibid Prison is specialized in the 4. Central sub colony
industrial type of vocational training like furniture
shop ,shoe repairing auto mechanics, etc. The Iwahig Penal colony administer the
Tagumpay settlement.the principal products of
2: THE SAN RAMON PRISON AND PENAL the Iwahig Penal colony are rice, corn, copra,
FARM logs,minor forest product and cattle.

IN 1869,the authorities saw the need of 4: THE CORRECTIONAL INSTITUTION FOR


establishing one prison separate from Bilibid for WOMEN-
those who fought the established government
.So, San Ramon Prison and Penal Farm in the In 1931, the correctional institution for women was
southern tip of Zamboanga was established for established on an 18 hectare piece of land in
the confinement of political offender.During those Mandaluyong Rizal by authority of Act 3579
days a rebel who was not shot was either sent to which was passed on November 27 1929 . Prior
Guam or Marinas or to Zamboanga the San to the stablishment of this institution ,female
Ramon Prison was named after its founder prisoners were confined in one of the wings of
Ramon Blanco a Spanish captain in the Royal Bilibid Prison. later the position for a female.
Army . Superintendent was created in 1934 .Today ,the
correctionall Institution for women is an institution
The San Ramon Prison has an area of 1.524.6 under the Bureau of Prison ,managed by the
hectares .it houses the maximum, medium, and female personnel ,except the perimeter guard
minimum custody type of prisoners. who are male .

The principal product of San Ramon Prison is Mandaluyong -The first correctional institution for
copra which is one of the biggest sources of women The institution conduct vocational courses
income of the Bureau of Prison. in dress making ,beauty culture, handicrafts, cloth
weaving and slipper making.
3: THE IWAHIG PENAL COLONY-
Mindanao- it is the most recent facility organized Presidential Decree No 28. While its plantilla and
in the bureau of correction s. it was only institutional plan were almost ideal ,lack of funds
inaugurated in September 18 2007, the second made the prison unable to realize its full potential
institution which was branched out from the first and facilities are often below par compared with
and only penal establishment dedicated in those of other established penal farms.it has an
rehabilitating female offenders ,it is a satellite inmate capacity of 500.it follows the same
prison facility under the supervision and direction agricultural format as the main correctional
of Davao prison and penal farm administration program in addition to some rehabilitation activities
pursuant to n administrative order issued by bucor .the prison admits convicted offenders from region
central office .caters female female prisoners V1 and from the national penitentiary in
sentence to suffer the penalty of 3 years I day and Muntinlupa.
above and coming from the 26 provinces
comprising the six administrative regions in the CORRECTIONAL CENTERS
whole Mindanao province.
A rehabilitation centers for youthful offenders
5: THE DAVAO PENAL COLONY- whose ages ranges from 9 to below 18 years of
age to be committed to the care of the DSWD
Established on January 21,1932 in accordance
with Act No 3732 and Proclamation No 414 Drug rehabilitation centers –these centers has
series of 1931 .the first contingent of prisoners been established for the treatment of drug
that opened the colony was led by General dependents the existing treatment and
Paulino Santos its founder and the then director rehabilitation center is operated and maintained by
of Prison. the area consist of 18.000 hectares. the NBI at tagaytay City and being funded by the
board
This is the combination of medium and minimum
custody type of institution OLD BILIBID PRISON

The Davao Penal Colony manages the biggest Located in the May Halique estate in Oroquieta
abaca plantation in the whole country Street Sta.Crus ,Manila .Now known as Manila
City Jail. with capacity of 600 prisoners.
The colony is divided into two sub colonies,
namely. (1)The Panabo sub colony and (2)the THE RECEPTION AND DIOGNOSTIC CENTER.
kapalong- Sub colony each colony is headed by (RDC)
penal supervisor.
In line with the latest approach to treatment – the
Note the colony also operates the tanglaw individualized or casework method –it is necessary
settlement that prisoners must undergo a diagnostic
examination, study and observation for the
6: THE SABLAYAN PENAL COLONYAND purpose of determining the program of treatment
FARM and training best suited to their needs and the
institution to which they should be transferred.
On Sept. 27 ,1954 the President of the Philippines These processes take place in the Reception &
issued proclamation No 72 setting aside 16.000 Diagnostic Center within the first sixty days of their
hectares of the virgin lands in Sablayan commitment to prison.
Occidental Mindoro for the Sablayan Penal
colony . The Inmate Reception and Diagnostic Center – is
a prison facility within the Medium Security Camp
The first trail blazer was the experience colony Sampaguita Compound of the New Bilibid
administrator from Iwahig Penal Colony headed by Prison. It receives all newly committed national
the assistant superintendent of that colony Mr male prisoners and it is the entry point of all
Candido Bagoisan .Today Sablayan penal colony incoming prisoners who will be subjected to
enjoys of being the youngest and fastest growing classification and distribution to the operating
colony under the bureau institutions. Con currently it has been charged with
the responsibility of providing education and
This institution is an open or minimum security training of inmates at the Medium Security
type institution .it has an area of 16.408 .5 Compound of NBP.
hectares .Rice is the principal product of the
colony THE STAFF AND THEIR FUNCTION

7:LEYTE REGIONAL PRISON (Abuyog 1) The Psychiatrist – The psychiatrist


Southern Leyte) examines the prisoner and prepares an
abstract of his findings. The abstract
The leyte Regional Prison ,situated in Abuyog includes a brief statement of the mental
southern Leyte ,was established a year after the and emotional make-up of the individual
declaration of martial law in 1972 by virtue of with particular reference to abnormalities of
the nervous system and the presence of recommendations on transfer and type of
psychoses, psychopaths, neurotic custody of the prisoner.
tendencies, paranoid trends and other
special abnormalities.. ADMISSION PROCEDURES

2) The Psychologist – The psychologist 1) RECEIVING-


interviews the man and administers tests.
The psychological abstract presents a The New prisoner are receive either in the
statement of the psychologist‟s findings RDC or in a prison and later to transfer to
with regard to the mental level, general and the center and required to stay there for
special abilities, interest and skills of the not more than 60 days.The new prisoner
prisoner. The outstanding factors usually comes from a provincial or city jail
contributing to the maladjustment of the where he is immediately committed upon
individual are pointed out conviction by the court. He is transfer to
the national prison escorted by guards of
3) Sociologist – The prisoners is interviewed the committing jails
by the sociologist. Additional information is
obtained through correspondence with the The following document shall be presented
prisoner‟s friends, relatives, and social accordingly by the party escorting prisoner:
agencies. The objective facts of the a)Commitment order of the prisoner
personal history of the inmate are recorded b)Court decision of the case
in the social abstract, which also includes c) Information filed by the city
an analysis and interpretation of the /provincial fiscal
individual‟s social situation and d)Certificate of detention
relationships.
2) CHEKING OF COMMITMENT PAPERS
4) Education Officer or Counselor – The
prisoner is interviewed by the educational On arrival at the Reception center or prison
officer in order to determine his educational ,the receiving officer checks the
strengths and weaknesses and to commitment paper if they are in order .the
recommend suitable educational program commitment paper is in order if they bear
for him. the signature of the judge or

5) Vocational Counselor – The vocational To make sure if it contains the signature of


counselor, by interview, obtains a record of the judge or the signature of the clerk of
the man‟s former employment and tests court and seal of the court.
the man to determine his general and
special abilities, interests and skills 3) IDENTIFICATION

6) The Chaplain - The inmate is interviewed The next step is to establish the identity of
by the Chaplain and he is encouraged to the prisoner in order to be sure that the
participate in religious worship. person being committed is the same
person named in the commitment order
7) Medical Officer – A complete physical
examination is given each inmate at which The identity is established through the
time his medical history is obtained. The picture and the fingerprint of the prisoner
examination covers the major organs of the appearing on the commitment paper and
body, such as the lungs and the heart, and his prison number
includes tests of the blood and sense
organs. The doctor correlates the patients‟ 4) SEARCHING
previous health history with present
findings in the medical history and physical After accomplishing the above steps ,the
examination, plus recommendation for new prisoner is frisked and his personal
medical treatment. things searched ,weapons and other items
of contraband are confiscated and
8) Custodial-Correctional Officer The Chief deposited with the property custodian
of the correctional unit prepares the
custodial officers abstract which includes Money ,watches ,rings and other pieces of
all significant observations made by the jewelry are deposited with the trust fund
correctional officers of the inmate‟s officer under proper recording and receipts
behavior and interactions to various
situations in the dormitory, place of 5) ISSUANCE OF CLOTHES AND
recreation, work assignments, etc. The EQUIPMENT
report includes the custodial officer‟s
From the receiving office ,the new prisoner THE ADMISSSION SUMMARY:
goes to the supply room where he receives
the following: The written reports submitted by the staff of the
1. Two (2) regulation uniform suits and center regarding their findings on the prisoners are
two t- shirts compiled, and form the admission summary. The
2. One blanket admission summary becomes the nucleus of the
3. One mat and pillow cumulative case history of the prisoner.
4. One aluminumpalte
5. One mosquito net TRANSFER OUT OF THE CENTER

6) ASSIGNMENT TO QUARTERS When the admission summary is completed it is


for warded to the director of prison for approval of
After the prisoner is issued his clothings the tentative program prepared for the prisoner
and beddings he is sent to quarantine unit ,after which the prisoner is then transferred to the
.the quarantine may be a unit of the prison operating institution
or a section of the RDC
THE OPERATING INSTITUTION
THE QUARANTINE UNIT
The prisoner is transferred from the Reception and
The new prisoners spends from seven to ten days Diagnostic Center to the operating institution with
in the quarantine unit .during this period he is a tentative plan of treatment already prepared.
given thorough physical examination including The stay of the prisoner in the general service unit
blood test, X- rays ,inoculation and vaccination is a sort of orientation period for him. He is given
.one purpose of the quarantine is to ensure that lectures on the rules and regulations; and he is
the prisoner is not suffering from any contagious assigned to different work projects to afford him
decease. The result of the examinations are various experiences which will guide him in the
submitted to the chief of the center in written form choice of a permanent vocational program.
.this report form part of the diagnostic record of the
prisoner THE ADMISSION CLASSIFCATION MEETING

7) BRIEFING/ ORIENTATION The purpose of the admission classification,


sometimes called initial classification meeting, is to
The orientation of the prisoners take place within plan a program for and with the inmate which will
the first few days in the center,the prisoner will be be realistically directed toward his rehabilitation. A
informed of the rules and regulation to be member of the Committee, usually the case
observed while in the center. worker summarizes the diagnostic material, which
is the Admission Summary prepared by the
ORIENTATION PROCEDURES Reception Center, and presents the important
factors to be considered in program planning.
1) Giving a prisoners a booklet of rules and Usually, the prisoner appears before the
regulation and explaining the rules to them Committee so he can be available for interview
and consultation regarding major decisions to be
2) Conducting the group meeting of center made by the Classification Committee on his
inmates to explain the purposes of assignments. The Committee decisions cover all-
treatment program important phases of the inmates‟ life in the
institution.
3) Holding session with the chief and
individual members of the center staff to RECLASSIFICATION
explain the basic purpose of the center and
what the inmate should do in order to profit The prisoner appears before the Classification
most from their experience Committee periodically after his initial
classification to keep current his treatment and
STAFF CONFERENCE training program. Because human personality
and behavior are constantly changing.
When the prisoner is through with all tests, Reclassification is necessary to assure that
interviews and examinations, he is ready for the individual needs are not overlooked, and it must
staff conference, sometimes called “guidance continue from the time of admission classification
conference” or “case conference”. The inmate until the inmate is released.
appears before the Center‟s staff in conference to
plan out with him his tentative program of REHABILITATION SERVICES
treatment and training. Every member of the staff
gives an oral summary of his findings and his Purpose- to change inmates pattern of criminal
recommendation on what to do with the prisoner behavior and reform them into a law abiding and
pertaining to his field. productive citizens through the implementation of
rehabilitation in jails ..
Local Government Units located in ten sites Nation
THE TREATMENT PROGRAMS wide

The treatment of inmates shall be focused on the B. Community-Based Approach


provision of services designed to encourage them
to return to the fold of justice and enhance their Not all convicted offenders have to serve their
self respect dignity and sense of responsibility as sentence behind bars. Some are allowed to stay in
follows : the community, subject to conditions imposed by
the government. They are either granted
a) Provision for basic needs of inmates probation, parole, conditional pardon and
b) Health services recognizance.
c) Education and skills training
d) Religious services ,guidance and A: THE INSTITUTIONALIZED TREATMENT
counseling services PROGRAM
e) Recreation sports, and entertainment
f) Work program ,such as livelihood projects 1: EDUCATIONAL PROGRAM
g) Visitation services
h) Mail services The educational program of a correctional
institution is one of the most important phases of
The Philippine Correctional System has two (2) the treatment and training of prisoners .there is no
approaches in treating criminal offenders common plan of education for all.

a) The Institution based treatment program CLASSES OF PRISON EDUCATION


and
b) Community-Based treatment program. a) General and Academic education

The institution-based has three (3) levels: the  The eradication of illiteracy among
National, provincial, and sub-provincial jails prisoners is one of the best contribution
and the district, city and municipal jails while that the correctional system can offer to
the community-based approach has probation, society.
parole, conditional pardon and release on
recognizance as mode of release. b) Vocational education

A. Institution-Based Approach  The vocational education program is


usually geared to institutional maintenance
Presently there are three (3) Executive work and the prison industries project
Departments that supervise and control the
numerous institutional facilities nationwide, which  To provide prisoners necessary skills after
provides incarceration and rehabilitation to their released
offenders. These are the Department of Justice
(DOJ), which take care of the National  Courses may include radio mechanics
prisoners, Department of the Interior and ,auto mechanics, horticulture, shoemaking,
Local Government (DILG) which take care of tailoring, carpentry ,electronics,
the Municipal ,City and Provincial prisoners
and the Department of Social Welfare and 2: WORK PROGRAM
Development (DSWD).which take care of
sentenced Youthful Offenders These are program conducive to change
behavior in morale by training prisoners for a
Under the DOJ .the offices that are tasked to useful occupation
carry out the mission of correction rest with
the Bureau of Correction (BUCOR) ,the Board ClASSIFICATION OF PRISON WORK
of Pardon and Parole (BPP) and the Parole and PROGRAMS
Probations administration(PPA)
1) Educational assignments-

The BPP recommends to the president the prisoners may be assigned to either
prisoner who are qualified for parole , pardon or general education ,vocational or physical
other form of executive clemency .the PPA ,on the education
other hand exercises general supervision over all
parolees and probationers and promotes the 2) Maintenance assignment-
correction and rehabilitation of offenders outside
the prison institution .under the DILG are the these assignment involve labor related to
BJMP and PLGU . the BJMP take charge of care and up keeping of the institutional
district ,City, and Municipal Jails nationwide while properties
the provincial jails are operated by the Provincial
3) Agricultural and industrial assignment The medical and health requirements of a prisoner
include mental and physical examinations
4) Un assignable- ,observations diagnosis and treatment of patients
,immunization and protection of the inmate
Prisoners who are nearly to leave the populations as well as the staff against hazards
institution ,awaiting transfer ,those in ,visiting prisoners in segregations sections
disciplinary status and those who are ;sanitary inspections, consultation with culinary
chronologically ill with mental disabilities . and other officials and participations in training
,classification. Disciplinary and other program.
3: RELIGIOUS SERVICE IN PRISON
TREATMENT OF SPECIAL NEEDS OR
Chaplain is the most important person in the UNUSUAL OFFENDERS
rehabilitative setup of a correctional institution .it is
the chaplain administrators claim ,who points to 1: FEMALE
the prisoners their relationship to god and their
fellowmen ,and who by work example ,leads them 1) The female quarters /dorm should be
most effectively toward complete rehabilitation. separated from male
2) No male inmate shall be allow to enter the
Men and Nations have found that they can not live female dorm
without the guiding ,sustaining and inspiring power 3) Only work suitable to their age and
of religion .if this is true of people in normal society physical condition should be assigned to
,it is doubly true of men who are confined in female inmate
correctional institution
2: DRUG USERS DEFENDANT AND ADDICT
FUNCTION OF THE CHAPLAIN
a) Drug users should be segregated from
1) Conduct of sacramental ministry- other inmate especially during the
2) Conduct a religious instruction withdrawal period
3) Ministry to inmate families and related b) Maintain close supervision to suicide or
concern person self prevent attempt to commit suicide and
4) Ministerial service to the staff and the self motivation.
operational personnel c) Conduct a regular search of the inmate „s
5) Interpretation ministry to the community quarters and maintain constant alertness to
prevent the smuggling of narcotics and
ADMINISTRATIVE FUNCTION OF THE other dangerous drug
CHAPLAIN
3: ALCOHOLICS
1) Member of the RDC staff
2) Member of the classification committee a) Place alcoholic in quarter separates from
3) Render evaluation other inmates and maintain close
supervision to guards
4: RECREATIONAL PROGRAM b) Against suicide attempt
c) Any symptoms of abnormal behaviour
Recreational programs are important part of the Should be reported immediately to the jail
rehabilitation program A good prison administrator Physician or warden
should provide wholesome ,healthy activities for d) Exercise close supervision to guard
men confined in his institution. against the smuggling of liquor and other
intoxicating drinks or product containing
Usually the recreation program should be alcohol
designed to meet the needs d is conducted during
free time schedule ,affording opportunity for each 4: MENTALLY ILL
man to decide for himself whether or not he
desires to participate on voluntary basis . a) The mentally ill should be under the close
The recreation program should be designed to supervision of a jail medical personnel
meet the needs and interest of all inmates. b) Place the mentally ill in separate cells and
special restrain room provided for violent
5; LIBRARY SERVICE cases
c) Close supervision to guard against suicide
The prison library plays an important role in the attempt and violent attack on others
improvement of prisoners in practical and cultural d) The mentally ill should be transferred as
aspects of social living . soon as feasible to mental institution for
proper psychiatric treatment
6: HEALTH AND MEDICAL SERVICE
5: SEX DEVIATES
a) Homosexual should be segregated b) Jail break
immediately to prevent them from c) Noise barrage
influencing other inmate or being d) Hostage taking
maltreated or abuse by other inmates e) Epidemics
b) Sex deviates should be separated from f) Food poisoning
other inmates for close supervision control g) Rescue
h) Bombing
6: SUICIDAL INMATES i) Power failure
j) Water shortage
a) The suicidal inmate should be given close k) others
and constant supervision
b) Search their quarters and premises for
tools /materials that can be used for
suicide NATURE AND TRENDS OF PUNISHMENT
c) They should be subjected to frequent strip
search PUNISHMENT

7: THE HANDICAPED,AGED ,AND INFIRMED  is a means of social control it is a device to


cause people to become cohesive and to
a) These inmates should be house separately induce conformity .people believe that
and closely supervised to protect them punishment is effective as a means of
from maltreatment or abuse by other social control but this belief is doubtful
inmates. there no question, however, that some
b) Special treatment should be given to these form of punishment are more effective in
inmates who shall be required to work in one in one society than in another.
accordance with their physicall capabilities
for their own upkeep and to maintain the DEFINITION OF PUNISHMENT-
sanitation of their quarters and surrounding
 the general concept of punishment is that it
8: NON PHILIPPINE CITEZEN INMATES is the infliction some sort of pain on the
offender for violating the law .this definition
 The warden shall report in writing to the is not complete in the sense that it does
bureau of immigration and the respective not mentioned the condition under which
embassies of the detained foreigners the punishment is administered or applied ,in
following: the legal sense ,it is more individual
 Name of foreigners redress or personal vengeance
 Name of jail ,Punishment, therefore ,is defined as the
 Nationality.number of alien certificate of redress that the state takes against an
registration, if any offending member.
 Age/sex
 Offense charged ANCIENT FORMS OF PUNISHMENT
 Case number
 Court/branch The form of punishment in primitive society
were the following:
EMERGENCY PLAN
1) Death penalty
Emergency Plan For both natural and man made
calamities and other form of jail disturbance shall death penalty was carried out by
be formulated to suit the physical structure and hanging,burning,immersing in boiling
other factors peculiar to every jail ,such as. oil,feeding to wild animals and in many
other barbaric ways .
NATURAL CALAMITIES
2) Corporal punishment/physical torture –
a) Fire
b) Flood was inflicted the offender by flogging,
c) Earthquake mutiliation, disfiguation ,and maiming.
d) Tsunami
e) Landslide 3) Public humiliation and shaming
f) Typhoon
g) Volcanic eruption were effected by the use stocks and pillory
h) Others ,docking stool ,branding ,shaving off the
hair. Etc.
MAN MADE CALAMITIES
4) Banishment or exile –
a) riot
sending or putting away an offender which common justification of punishment are retribution
was carried out either by prohibition ,expiation or atonement, deterrence, protection
against coming into specified territory ,for and reformation.
over ten years the person will be exiled
and this is derived from the vote of citIzens 1. Retribution-

RECENT/CONTEMPORARY FORMS OF In primitive days punishment of the


PUNISHMENT transgressor was carried out in the form of
personal vengeance .Since there were no
1. Imprisonment written laws and no courts .the victim of a
crime was allowed to obtain his redress in
Putting offenders in a prison for the the way he saw fit .often times the
purpose of protecting the public and at the retaliatory act resulted to infliction of
same time rehabilitating them by greater injury or loss than the original
undergoing institutional treatment crime, so that the latter victim was perforce
programs. afforded his revenge. Punishment
therefore became an unending vendetta
2. Parole – between the offender and the victim .latter
.an attempt was made to limit retaliation to
is defined as a procedure by which the degree of injury inflicted ,thus the
prisoners are selected for release on the philosophy of eye for an eye evoked.
basis of individual response and progress
within the correctional institution and a 2. Expiation- or Atonement-
service by which they are provided with
necessary guidance as they serve the this theory or justification of punishment
remainder of their sentence in the free was also advocated during the prehistoric
community. days .As population increased .the social
group become more complex A sort of
3. Probation common understanding and sympathetic
feeling develop in the group .An offense
it is a procedure under which a defendant committed by a member against another
found guilty of a crime is release by the member of the same clan or group aroused
court without imprisonment subject to the the condemnation of the whole group
condition imposed by the court and subject against the offending member .the group
to the supervision of the probation officer. would therefore demand that the offender
be punished .when punishment is
4. Fine exacted visibly or publicly for the
purpose of appeasing the social group,
An amount given as reparation or the element of expiation is present.
indemnification for a criminal act. Expiation therefore is group vengeance
as distinguished from retribution which
5. Destierro is personal vengeance.

–Penalty of banishing a person from the 3. Deterrence-


place where he committed a crime
,prohibiting him to get near or enter not It is commonly believed that punishment
less than 25 kilometers but not more than gives lesson to the offender ;that it shows
250 kilometers. other what would happen if they violate the
law and that punishment hold crime in
IN WHAT CASES DESTIERRO IMPOSED? check .this is the essence of deterrence as
a justification for punishment .
In the following:
1. Serious physical injuries or death under  Becarria
exceptional circumstances
2. In case of failure to give bond for good An exponent of the classical school of
behavior criminology and whose writings at the end
3. As penalty for concubine of the 18 century renovated the punitive
4. In cases where after reducing the penalty justice system of Europe contended that
by one or more degree destierro is the the intent of punishment should not be to
proper penalty. torture the criminal or to undo the crime but
to prevent others from committing a like
JUSTIFICATION OF PUNISHMENT offense.

The theories or justIfications of punishment vary 4. Protection-


from one stage of civilization to another .the most
Protection as a justification of 2. torture,
punishment came after prison wee fully 3. maiming and
established .People believe that by 4. banishment
putting offender in prison society is 5. Shot drill
protected from his further criminal 6. treadmill
depredation. If this were so ,vicios and
dangerous criminal should be made to the Jail was introduced in Medieval Europe as a
serve long terms of imprisonment place of confinement of persons arrested and
.Recidivism and habitual delinquency laws undergoing trial ,and for corporal punishment and
are expected to attend this ends. banishment were the penalties for offenses which
today are punishable by imprisonment .
5. Reformation-
After convicted offender were chained to galleys to
this is the latest justification of man the ships of war :
punishment .under this theory society
can best be protected from crime if the 1. England
purpose of imprisonment is to reform or 2. France and
rehabilitate the prisoner .Advocates of 3. Spain use transportation system of
this theory contend that since punishment punishment by indenturing their convicts to
does not deter ;in as much as penal colonies where they served as
imprisonment does not not protect society slaves until they completed the service of
from further commission of crime because their sentence.
the greater portion of the criminal
population is at large and because Transportation of offenders to penal colonies was
prisoners stay in prison for a short time practiced principally by Europe Countries that
,from 3 to 5 years only society interest can had acquired distant colonies because of the need
best be served by helping the prisoner to import labor into these colonies .England, more
become a law abiding and productive than any other imperialistic country in Europe ,
citizen upon his return to the community by made extensive use of transportation .England
making him undergo an intensive program began transportation of prisoners in 1718 by
of rehabilitation in prison. sending her convicts to the American colonies
until the American Revolution when the colonies
TRENDS OF PUNISHMENT obtained their independence ,England diverted her
convicts to Australia and New Zealand
The principal trends of punishment are in the
development of exemptions England abandoned transportation of prisoners in
the last half of the 19 century ,after much
1. pardon and agitations and protest on the part of the colonies .
2. commutation; decline in the severity of
punishment ;the growth of imprisonment DEVELOPMENT OF PRISON
and its modifications ;
3. good conduct and time allowance, Prison evolved as a substitute for
4. indeterminate sentence
5. ,suspended sentence and 1. transportation
6. probation ,conditional release 2. ,exile,
7. parole, short sentences and 3. public degradations
8. fines 4. particularly corporal punishment, and
5. death penalty.
EXEMPTIONS FROM PUNISHMENT
In the United States where prison were first
The bases of exemption are usually established imprisonment was introduced as a
substitute for corporal punishment and death
1. social penalty when, by the provision of the Pennsylvania
2. Absence of mens rea (that is absence of Reform Law of 1790, corporal punishment was
guilty mind or unlawful intent) abolished and the list of offenses punishable by
3. Age of the offender death was reduced to only one offense .that of
4. The mental condition of the offender. first degree murder. As the United States and
Europe curtailed the use of death penalty ,prisons
DEVELOPMENT OF MODERN CORECTIONAL and penitentiaries were constructed to take care of
CONCEPTS AND STANDARD the unexecuted and unpardoned criminals .long
sentences required prisons and penitentiaries that
were not places of detention for those awaiting
Early forms of Punishment- The earliest form of trial or short sentences but for a lengthy stay of
punishment were offenders convicted of serious crimes.
1. death ,
THE AUBORN AND PENNSYLVANIA SYSTEM before and in the early 1930‟s the operations of
industries inside the penal institution was therefore
Two rival prison systems appeared in the scene ,considered a noble innovation that helped support
during the early history of imprisonment ,namely the prisons. Nearly every prison ,therefore ,was
.the Auborn and Pennsylvania prison system converted into factory engaged in the manufacture
,were establish in 1819 and 1829 respectively: of articles which were sold in open market for
profit .
1. the features of Auborn system were
confinement of the prisoner in a single cell At about time ,it was observed that there was a
at night and congregate work in shops sudden increased of criminality in the United
during the day. states some people attributed the increase of
criminality to the depression . The united states
 Note: The United states which constructed congress created a congressional committee to
their prisons patterned them after the investigate the cause of the high incident of
Auborn system. crime ,the findings of the committee were that the
rise in criminality was caused by the increase in
2. the features of the Pennsylvania system recidivism and repeatership in crime and that the
were confinement of the prisoners in their increase in recidivism and habitual delinquency
own cell day and night. was attributed to the abandonment of the
rehabilitation program in penal institution in
 Note: European countries adopted the favor of operation of industries as a remedial
Pennsylvania system measure ,congress passed a law in 1934 ,which
in effect ,prohibited the sale of prison made
THE REFORMATORY MOVEMENT articles to the public and limited their use to
government owned institutions and agencies
This consisted in the introduction of certain .this law put an end to the Industrial Prison
reforms in correctional field by certain persons, movement.
gradually changing the old punitive philosophy of
punishment (Mass treatment, enforced silence, THE INTERNATIONAL PENAL AND
idleness, regimented rules and severe PENITENTIARY COMMISSION
punishment) to a more humane treatment of
prisoners with innovative institutional programs. The first international organization in the field was
the international Penal and penitentiary
Note: Penal administrators who contributed to the commission established in 1875 .this organization
development of progressive reformatory system was responsible for holding international penal
were mentioned in chapter 11. and penitentiary congresses every five years .the
last congress was held in Hague in August 1950.
THE DECLINE OF REFORMATORY MOVE The commission developed publication studies
MENT and international exchange of information .and
devoted a great deal of attention to the formulation
The reformatory system movement subsided of basic or minimum standard of practice in the
gradually following the opening of Elmira because treatment of offenders
of the founders lack of faith in the effectiveness of
the program .the defect of the system was laid on THE FIRST JUVENILE COURTS
the lack of attempt to study criminal behavior from
which to base treatment by 1910 it was generally The first juvenile courts which was established in
conceded that the reformatory system in the Chicago in 1899 ,was based on the principles
United states was a failure in practice .it was not long used in England ,although England put up her
until 1930 that the reformatory idea was revived as own juvenile courts some years later when the
the direct result of the revamp of the educational child act of 1908 was passed
program of the Elmira reformatory.
THE LEAGUE OF THE NATIONS
THE INDUSTRIAL PRISON MOVEMENT
Limited its scope in the social field to the problem
The Elmira reformatory movement was succeeded of traffic women and children .Gradually the
by the industrial prison movement. US common league broadened the scopes of its activities in the
wealth preferred the Auborn prison system to filed and soon assume responsibility regarding
the Pennsylvania prison system because of its child welfare.
congregate work program . .the value of prison
labor began to be recognized in every prison The question of the treatment of adult offenders
system because of the contribution that the work was actually taken up by the league of nations in
programs in prison become more deeply felt.state 1930.
government could hardly afford to provide the
funds with which to run the prisons because of the
economic depression that hit the united states
In 1934 the league of nations adopted the b. Correction / Reformation – as shown by
standard minimum rules for the treatment of the rule which regulate the execution of the
prisoners ,drafted by IPPC. penalties consisting in deprivation of liberty.

THE UNITED NATIONS PROGRAMME c. Social Defense- Shown by its inflexible


severity to recidivist and habitual
The social commission of the United Nations in the delinquencies.
first session in 1946 ,expressed the view that the
United Nations should assume the responsibility THEORIES JUSTIFYING PENALTY
for the international action in the field of crime
prevention and treatment of offenders the following are theories justifying penalties
,negotiations between the United nations and the
International Penal and Penitentiary commission a) Prevention- the state must punish the
led to an agreement for the dissolution of the latter criminal to prevent or suppress the danger to
body and for the transfer of its function to the the state arising from the criminal act of the
United nations .this plan of integration was offender.
approved by the IPPC on august 12 ,1950 .The
IPPC was actually dissolved on October 1. 1951 b) Self defense- the state has a right to punish
the criminal as a measure of self defense so
PENALTIES as to protect society from the threat and
wrong inflicted by the criminal.
PENALTY DEFINED
c) Reformation - the object of punishment in
 Penalty is the punishment imposed by lawful criminal cases is to correct and reform the
authority upon a person who commits a offender.
deliberate negligent act.
d) Exemplarity – the criminal is punished to
 Penalty is the suffering that is inflicted by serve as an example to deter others from
the state for the transgression of law committing crimes.

CONCEPT OF PENALTY e) justice - by the state as an act of retributive


justice ,a vindication of absolute right and
Penalty in its general sense signifies pain ;especially moral law violated by the criminal .
considered in the juridical sphere ,it means suffering
undergone ,because of the action of human society THE CLASSES OF INJURY CAUSE BY THE
,by one who commits a crime CRIME

1) Social Injury – Repaired through the


DIFFERENT JURIDICAL CONDITIONS OF imposition of the corresponding penalty.
PENALTY Offended party cannot pardon the offender
so as to relieve him of the penalty.
1. Must be Productive of Suffering, without
however affecting the integrity of the human 2) Personal Injury – Repaired through
personality. indemnity. it can be waived by the offended
2. Must be Commensurate with the offense. party.
Different crimes must be punished with
different penalties MEASURES OF PREVENTION THAT ARE NOT
3. Must be Personal- No one should be CONSIDERED AS PENALTY
punished with the crime of the.
4. Must be legal Legal- It is a consequence of a 1) The arrest and temporary detention of
judgment according to law. accused person (preventive imprisonment)
5. Must be Certain – No one may escape its as well as their detention by reason of
effects. insanity or imbecility or illness requiring their
6. Must be Equal to all confinement in a hospital.
7. Must be Correctional.
2) The commitment of a minor to a
THREE FOLD PURPOSE OF PENALTY reformatory institution

The Three-fold purpose penalty: 3) Suspension from employment or public


office during the trial or n order to institute
a. Retribution / Expiation – penalty is proceedings.
commensurate with the gravity of the
offense. 4) Fines and other corrective measures
which ,in the exercise of their administrative
or disciplinary powers ,superior officials may 3. Suspension,
impose upon their subordinate 4. Destierro.

5) Deprivation of rights and the reparations D. Light penalties:


which the civil law may be establish in penal
form 1) Arresto menor,
2) Public censure.
WHEN IS AN ACCUSED CONSIDERED
PREVENTIVELY IMPRISONED D. PENALTIES COMMON TO THE THREE
PROCEEDING
1) Offense charged is non-bailable , or
2) Even if bailable, he cannot furnish the a. Fine, and
required bond b. Bond to keep the peace

WHEN IS AN OFFENDER PREVENTIVELY Accessory Penalties


IMPRISONED ENTITLES TO DEDUCTION FROM a. Perpetual or temporary absolute
PENALTY IMPOSED disqualification
b. Perpetual or temporary special
1. Full Time- if he agrees voluntarily in writing disqualification
to abide by the same disciplinary rules c. Suspension from public office, the right to
imposed upon convinced prisoners. vote and be voted for, the profession or
calling,
2. 4/5 or 80% of the time – if he does not d. Civil interdiction,
agree to such rules mentioned aboved e. Indemnification,
f. Forfeiture or confiscation of instruments and
WHO ARE NOT ENTITLED TO DEDUCTION proceeds of the offense,
g. Payment of costs.
1. Recidivists
2. Habitual Delinquents THE GENERAL CLASSIFCATION OF PENALTIES
3. Those who, upon being summoned for the
execution of their sentence, failed to 1. Principal penalties – those expressly
surrender voluntarily. imposed by the court in the judgment of
conviction.
WHAT IS SUBSIDIARY IMPRISONMENT
2. Accessory penalties – those that are
A: Personal penalty prescribed by law in deemed included in the imposition of the
substitution of the payment of fine embodied in the principal penalties.
decision when the same cannot be satisfied
because of the culprit‟s insolvency. (People v. THE PRINCIPAL PENALTIES ACCORDING TO
Jarumayan, 52 O.G. 248) DIVISIBILITY

1. Indivisible penalties – those which have no


CLASSIFICATION OF PENALTIES fixed duration. Includes: death and
reclusion perpetua.
Scale,
Principal Penalties 2. Divisible penalties – those that have fixed
duration and are divisible into three periods.
A. Capital punishment: Includes: reclusion temporal down to arresto
menor.
1. Death
THE PENALTIES ACCORDING TO THEIR
B. Afflictive penalties: GRAVITY

1. Reclusion Perpetua, 1. Capital


2. Reclusion temporal, 2. Afflictive
3. Perpetual or temporary absolute 3. Correctional
Disqualification, 4. Light
4. Perpetual or temporary speciaL
Disqualification, Fines: May be imposed as an alternative or single
5. Prision mayor. penalty.

C. correctional penalties: 1. Afflictive – over P6,000


2. Correctional – P200 to P6,000
1. Prision correctional 3. Light – less than P200
2. Arresto mayor,
DURATION AND EFFECT OF PENALTIES
CIVIL INTERDICTION DEFINED
THE DURATION OF PENALTIES
Civil interdiction is an accessory penalty. Civil
interdiction shall deprive the offender during the tie
Penalty Duration of his sentence:
Reclusion perpetua 20 years and 1 day to 1. The rights of parental authority or
40 years guardianship either as to the person or
Reclusion temporal 12 years 1 day to 20 property of any ward;
years 2. marital authority;
Prision mayor and 6 years 1 day 12 3. The right to manage his property; and
temporary years 4. The right to dispose of such property by any
disqualification act or any conveyance inters vivos.
Prision Correctional 6 months I day to 6
Suspension and years RULES ON COMPUTATION OF PENALTIES
Destiero
Arresto mayor 1 month and id ay to 1. Offender is in prison - duration of the
6 months temporary penalties is from the day on which
Arresto menor 1 day to 30 days the judgment conviction becomes final.
Bond to keep the Discretionary on the
peace court 2. Offender not in prison – duration of penalty
consisting in the deprivation liberty is from
DISTINCTION BETWEEN THE PENALTY OF the day that the offender is placed at the
RECLUSION PERPETUA AND LIFE disposal of judicial authorities for the
IMPRISONMENT enforcement of the penalty.

Reclusion perpetua Life imprisonment


3. Other Penalties – duration is from the day
Pertains to the penalty Pertains to the penalty
imposed for violation of imposed for violation of on which the offender commences to serve
his sentence.
the RPC special laws
It has fixed duration It has no fixed duration
EFFECT OF PENALTIES
It carries with it It does not carry with it
accessory penalties accessory penalties
1. Perpetual or Temporary Absolute
Although reclusion , it has remained to be
Disqualification for public Office:
perpetua has been an indivisible penalty.
given a fixed duration, Indivisible penalties
a) Deprivation of public offices and
have no durations.
employment, even if by election.
b) Deprivation of the right to vote or to be
WHAT IS THE NATURE THE PENALTY OF elected.
DESTIERRO c) Disqualification for the offices or public
employments and for the exercise of any
A: Destierro is a principal penalty. It is a rights mentioned.
punishment whereby a convict is vanished to a d) Loss of right to retirement pay or pension for
certain place and is prohibited from entering or any office formerly held.
coming near that place designated in the sentence
not less than 25 kilometers but not to extend beyond Perpetual absolute disqualification lasts during the
250 kilometers lifetime of the convict.
PENALTIES WHICH ARE CONSIDERED BOTH Temporary absolute disqualification lasts during the
PRINCIPAL AND ACCESSORY PENALTIES term of the sentence, and is removed after the
service of the same.
1. Perpetual or temporary absolute
disqualification; 2 .Perpetual or Temporary Special
2. Perpetual or temporary special Disqualification for Public Office,profession or
disqualification; Calling:
3. Accessory Penalties
a) Deprivation of the office, employment
Accessory penalties need not be stated in the profession or calling affected.
sentence. b) Disqualification for holding similar offices or
employments perpetually during the term of
The accessory penalties follow the principal penalty the sentence.
imposed for the crime as a matter of course; they
are automatically imposed even though they are not 3. Perpetual or Temporary Special
stated in the judgment. Disqualification of the Right to Suffrage:
BUREAU OF JAIL MANGEMENT AND
a) Deprivation of the right to vote or to be PENOLOGY
elected to any public office. (BJMP)
b) Cannot hold any public office during the
period of the disqualification. INTRODUCTION

4. Suspension from Public Office Profession  Are important element on our nation „s
Calling or the Right to Suffrage correctional system ,serving at the most
commonly used type of confinement in 1166
a) Disqualification from holding such office or King Henry 11 of England ordered every
exercising such profession or sheriff to establish a goal pronounced jail in
calling or right of suffrage during the term of his shire for the purpose of sewing offenders
the sentence. until they could be brought before the king, s
b) If suspended from public office, he cannot court .
hold another office having similar functions
during the period of suspension.  Furthermore ,jailers were often unsalaried
,earning a living by collecting fees from those
5. Civil Interdiction: they kept incarcerated in 1577 in England
,Workhouses or Bridewells also evolved
1. Deprivation of the rights of parental authority during this time .providing additional profit to
or guardianship of any ward. greedy jailers who hired out their prisoner to
2. Deprivation of martial authority. local merchants.
3. Deprivation of the right to manage his
property and of the right to dispose of such
property by any act or any conveyance inter BUREAU OF JAIL MANAGEMENT AND
vivos. PENOLOGY

6. Bonds to Keep Peace: The bureau of Jail management and Penology was
created pursuant to RA 6975 signed on December
Offender must present to sufficient sureties who 13 1990 and became known as the DILG Act of
shall undertake that the offender will not 1990.
commit the offense sought to be prevented, and in
case such offense be committed, they will pay the Anather agency tasked under the Corrections Pillar
amount determined by the court; or to supervise sentenced Municipal and city Prisoner
a) Offender must deposit such amount with the as well as detainees awaiting trial or awaiting court
clerk of court to guarantee said undertaking; decisions are the BJMP .the methodology of its
or supervision is closely patterned after that of bureau
b) Offender may detained if he cannot give the of corrections
bond, for a period;
Under section 60 , the Bureau of jail Management
Not to exceed 6 months- for grave or less grave and Penology ,hereinafter referred to as Jail bureau
felony, or ,is hereby created initially consisting of the existing
officer and none uniform members of the office of
Not to exceed 30 days- for a light felony the Jail Management and Penology as constituted
under Presidential Decree No &65 under defunct
Bond to keep peace is different from bail bond which Philippine Constabulary /Integrated National Police.
is posted for the provisional release of a person
arrested for accused of a crime. Jails

the distinctions between bond to keep the  are institution for the confinement of person
peace and bond for good behavior? who are awaiting final disposition of their
criminal cases and also for the service of
Bond to keep the Bond for good those convicted and punished with shorter
peace behavior sentences, usually up to three years.
Failure to post a bond it is light only.
to keep the peace is The legal effect Types of Jails:
imprisonment either for of failure to post a bond
six months or 30 days, for good behavior is not 1) Lock-up Jails- is a security facility for the
depending on weather imprisonment but temporary detention of person held for
the felony committed is destierro under Article investigation or awaiting preliminary
grave or less grave on 284. investigation.
one hand,
2) Ordinary jail – houses both offenders
waiting court action and those serving short
sentence usually up to three All this facilities were centralized and located at what
years./Provincial Jail was known as Welfareville in Mandaluyong, which
was still then part of the province of Rizal .
3) Workhouse, jail farm,Camp - jail farm/camp Welfareville a fiftyhectare land with forty –(40)
houses- minimum custody offenders serving building . Five of the building were for the homeless
short sentence with constructive work neglected displaced and abandoned boys picked up
programs. by the Police ,The Training School for boys and the
confinement institution for youth in conflict with the
PROVINCIAL AND SUB-PROVINCIAL JAILS laws ,and a home for the aged and the firm.

Provincial Jail System was first established in 1910 On November 29, 1969 the Philippine Training
under American Regime. Each of the seventy-six School for boys was transferred to Sampaloc,
(76) provincial jails supervised and control by their Tanay,and Rizal where it continues to stay to this
respective provincial government. day .it was named Vicente Madrigal
Rehabiliatation Center . (VMRC) in honor of the
The Provincial Jail of Cebu with the Dancing one who donated the land Eventually ,However, it
Inmate returned to its old official name ,the National training
Schools for Boys.
 Known as Cebu Provincial detention
Rehabilitation Center (CPDC) On the other hand, the Philippine Training School for
 Is a maximum security prison in Cebu, girls transferred to Alabang which became the
Cebu Province. Marillac Hills up to this day, However ,in view of
 Byron Garcia the warden who created the theincreased incidence of child abuse and
dancing program for inmates exploitation .Marillac Hills now only has a cattage for
 Becomes famous you tube sensation for youthful offenders
their thriller dance video ,performed a stage
tribute for their idol ,Michael Jackson
 Their choreographer Gwendolyn Lador Presidential Decree 765 –
 Garcia first uploaded of prisoner‟s
choreography was the Algorithm March but enacted last July 16, 1975 creating the Office of
this was almost entirely ignored ,but the next the Jail Management and Penology under B/Gen.
upload thriller had a massive response Laquian, during that time 18-22% of the annual
income of the local government were given to
Sub-Provincial Jails. PC/INP as their salaries and allowances. The city
and municipal jails were under the supervision and
There are twenty-one (21) sub-provincial jails and control of the local PC/INP and supported by the
it was also established and constructed by the local government financially.
Provincial Government to house prisoners whose
prison term ranges from six (6) months and one (1) Republic Act 6975 – “DILG Act of 1990”,
day to three (3) years and other inmates undergoing
court proceedings which creates the PNP, Fire and Jail Services as
separate and distinct bureaus, on July 1, 1991,
THE CHILD AND YOUTH WELFARE CODE BJMP was created under the DILG to supervise and
control the administration and operation of all
Another land Mark legislation regarding correction is district, city and municipal jails
the one pertaining to youth offenders .On December .
10, 1974,Presidential Decree No .603 otherwise
known as Child and Youthful Welfare Code of 1974
was promulgated .this code became the Magna POWER ,FUNCTION AND ORGANIZATION OF
Carta for Children and was the first in the entire JAIL BUREAU (BJMP)
ASEAN region.
POWER
Before P.D. 603 went into effect ,however ,there is
already a long existing law covering the probationary  The BJMP exercises supervision and control
treatment of juveniles in conflict with law .this is over all cities and Municipal Jails . The
commonwealth Act No 3203 that went into effect on Provincial Jails shall be supervised and
December 3, 1924. This the first youth offender;s controlled by the provincial Government
law of the land .This law established the welfare within its jurisdiction ,whose expenses shall
institutions,which took responsibility of taking charge be subsidized by the national Government
of all Government child caring institution.Home for for not more than 3 years
the aged and infirm as well as the Philippine training NOTE:
School for boys they were put under supervision of
the office of Public Welfare Commission  RA No 9263 –An act providing for
professionalization of the BFP and BJMP
 Director Charles s Mondejar took his oath of
office on July 1 of 1991 as the first chief of 3. Property and supply branch
the Bureau.
 At Present Director Rosendo Moro Dial  Take charge of safekeeping of equipments
Ceso 111 and supplies

The Bureau shall exercise supervision and control 4. Budget and Finance branch
over all district, city and municipal jail to ensure
secured, clean, sanitary and adequately equipped  Take charge of all financial
jail for the custody and safekeeping of city and
municipal prisoners, any fugitive from justice or 5. Mess service branch
persons detained awaiting investigation or trial
and/or transfer to national penitentiary, and any  Take charged of preparation of daily menu
violent, mentally-ill person who endangers himself or
safety of others. 6. General service branch

Responsible for the maintenance and repair


Known as the Bureau of Fire protection and Bureau of jail facilities and equipments
of jail Management and Penology Act of 2004
amending certain provision of R.A. 6975 providing
funds therefore and for other purposes CUSTODY, SECURITY AND CONTROL,
MOVEMENT AND TRANSFER OF
WARDEN PRISONERS AND DETAINEES

 is responsible for the direction, coordination CONCEPT: The overall concept of jail security
and control of the personnel. operations encompasses both prevention and
 As well as security ,safety,discipline and well rehabilitation. These two efforts are inseparable
beings of inmates as neither can be accomplished without the
 May organize the following Units other. Jail security is necessary to safeguard the
lives of people residing within the vicinity, those
1. Intelligence and investigation team- it managing the jails, and inmates whose lives are
gathers, collect and submits intelligence to be rehabilitated to become constructive
information to the office of the warden members of the society.
on matter regarding the jail conditions
2. Jail inspectorate section –inspect jail DUTIES OF THE CUSTODIAL FORCE
facilities ,personnel ,and prisoners and
submit reports to the warden. Members of the custodial force shall have the
3. Public Relation office- Maintain public following duties and responsibilities:
relation to obtain the necessary and
adequate public support a) Supervise and maintain order and discipline
of inmates in housing units, those assembled
ASSISTANT WARDEN for religious services, entertainment and
athletics, during meals, classes, work details,
 Undertakes the development of a baths and visits;
systematic process of treatment b) Censor offender‟s mail;
 Chairman of the classification board and c) inspect security devices;
disciplinary board. d) Maintain inner and outer perimeter security;
e) Escort inmates to court, other authorized
ADMINISTRATIVE GROUPS places of confinements and to hospitals in
cases of emergencies;
1. Personnel management branch f) Insure custody and safety to those confine in
jail;
 Assignment of personnel g) Escort visitors within the jail premises;
 Procedures of selection h) Report any infringement of rules and
 Preparation of personnel report regulations to proper authorities;
 Individual records i) Inform the Warden of any emergency case;
j) Keep and maintain records of the inmates;
2. Record and Statistic Branch k) Perform such other duties as may be
assigned by competent authority.
 Keep and maintain booking sheets and
arrest reports SECURITY AND CONTROL
 Keep an orderly record of fingerprints and
photographs The following guidelines should be strictly
 Prepare/present statistical data of observed in jail, security and control:
equipments and supplies
a) Maintain strict control of firearms. Never report shall be rendered to the Warden
permit any firearm inside the jail except in and/or Deputy Warden for any unaccounted
some areas where firearms are authorized. inmate.
b) Maintain 24-hour supervision of inmates.
c) Maintain a system of key control, which shall DINING ROOM SECURITY
include an accurate listing of all keys and of
receipting them. Never permit the inmates to a) As a general precaution, individual mess
handle keys or to study them. utensils of inmates shall be made of plastics.
d) Secure firearms and anti-riot equipment in b) When dining rooms are provided, the
the armory where they shall be within easy inmates should be marched in column of
reach of the jail guard and yet afford two‟s along designated routes under the
maximum security against access by supervision of one or two jail personnel.
offenders. Other official‟s must be stationed along the
e) Supervise the proper use of tools and other route to direct the orderly movement of
potentially dangerous articles such as inmates to and from the mess hall.
bottles, acids, kitchen knives, etc., and keep c) There must be a roving supervisor to handle
them out of offenders reach when not in use. occasional disturbances or settle complaints.
f) Conduct regular inmates‟ count at least four d) After meals, all utensils used by the inmate
(4) times within the 24-hour a day-period. should be collected. This should be strictly
Establish procedures, which will ensure supervised by jail personnel to be sure that
beyond doubt, that every offender is no utensils are brought out of the dining
physically present or accounted for, at every room.
count. e) Forks, spoons and other kitchen utensils
g) Conduct frequent surprise searches of should be checked and accounted for after
offenders and their quarters to detect every meal.
contraband.
h) Conduct frequent inspections of security MAIL CENSORSHIP
facilities to detect tampering or defects.
i) Guard against escapes, assault on jail Communication with relatives, friends and
personnel and inmates‟ disturbances. lawyers are encouraged among inmates through
j) Develop plans dealing with emergencies like correspondence. However, this privilege will be
escapes, fires, assaults, riots, and noise extended to inmates subject to following
barrage. Make plans known and understood regulations:
by jail personnel.
k) Never allow a jail guard to open the inmates‟ a) Duly designated censor, a member of the
cells alone. At least, another guard should be custodial force will maintain and record all
present. incoming and outgoing mails of inmates;
l) Select carefully the inmates to be assigned b) The inmate‟s mail shall be opened and
as orderly or aide and maintain rigid control searched only by qualified, trained and
over their activities. No offender should be authorized jail personnel;
allowed to assume any of the authority, c) Letters containing currency, checks or
which belongs to the jail staff or shall any money should be marked with the amount
inmate be allowed to exercise authority, enclosed and deposited with the Trust
supervision and control over other prisoners. Officer or Property Custodian.
d) All greeting cards should be carefully
INMATE’S COUNT examined and fillers of any kind found
therein should be collected for laboratory
It is a part of the institutional procedure that at examination;
specified times during each 24-hour period, all e) Photographs clearly within the scope of the
inmates are physically counted, for this type of jail regulations should be marked on the
count, the general procedures are as follows: reversed side and placed in the envelop;
f) Prison slang, unusual nicknames and
a) Each inmate is counted physically at sentences with double meaning should be
specified times; carefully studied and analyzed to determine
b) During the count, all movements of inmates the real meanings;
shall cease until the count is completed; g) All letters containing statements concerning
c) The count must be accurate. A positive the security or reputation of the jail, like
verification must be made that the inmates attempts of escape, smuggling of contraband
are physically present; and statement that may affect the rules and
d) Result of each of a group of inmates is regulations etc., shall be forwarded to the
submitted to the Warden and/or Deputy Officer-in-Charge of mail censorship;
Warden; and h) All letters passed by censors should bear the
e) If the total jail count does not tally with the stamp at the top of each page and on the
total jail population in any given time, envelope.
verification shall be made. An immediate
i) Contents of inmate‟s mail should not be to pay for his transportation and meal
discussed with other jail personnel, except expenses and those of the jail officers
for official purposes; escorting him

MOVEMENT/TRANSFER OF INMATES RULES DURING MOVEMENT OR TRANSFER


OF INMATES
Circumstances that an inmate may be moved
or transfer 1. The responsibility for the security of the
inmate being moved or transfer shall remain
1. Subject to the conditions set forth by the with the custodian until received by another
succeeding rules and procedures an custodian ,whenever possible transfer shall
inmate may be brought out from jail in be made during the day .any movement or
any of the following instances transfer of inmates shall be treated
confidentially
a) To appear ,as a witness or as accused 2. Prior movements or transfer all jails officers
,before any court of justice ,during shall be given detailed instruction on their
preliminary investigation ,arraignment or duties and responsibilities to include specific
hearing of criminal case instruction that the most direct route to the
b) To appear as a witness with leave of court in destination must be followed
any investigation or formal inquiry conducted 3. An inmate being moved or transfer shall be
by a government agency or handcuffed and secured to any part of the
c) To view with leave of court the remains of a vehicle during transit to avoid being trapped
deceased relative within the second degree in case of accident
of affinity and consanquinity 4. Before any movement or transfer ,all inmates
d) To undergo with leave of court medical shall be inspected and searched foe
examinations or treatment in an outside dangerous weapons or objects ,which may
hospital clinic be used for escape or self destruction
2. No inmate may be transferred to another 5. As a general rule ,inmates under escort shall
institution only upon specific order of the always be under watchful eye of the jail
court having jurisdiction over him/her except officer. the jail officer shall always be closed
in cases of serious illness where enough to the inmate being escorted to be
hospitalization is necessary and the detainee able to respond effectively in case of
has to be immediately taken to the nearest emergency
hospital ,with tHe court subsequently notified 6. In case an inmate is move /transferred from
3. In any emergency or other compelling one jail to another facility or correctional
situations /necessities ,when transfer to the institution ,his/her carpeta must be forwarded
other jails of inmates involved is necessary to the jail where he/she is to be confined and
to ensure the safety and security of the duly received by the designated Records
inmates and personnel ,the warden can Custodian.
recommend to the Regional Director ,
verbally or in writing their immediate transfer The following basic security precautions shall
,on the first hour of the following working day be observed during the transfer or movement of
,the court concerned must be informed of the inmates:
said transfer
4. For those inmates who wish to view the a) Do not allow inmates to tinker with the
remains of a deceased relatives ,leaves of handcuffs
court shall first be obtained b) Always ascertain that the inmate does not
have crippled ,deformed or very small hands
However the warden may request that will allow him /her to slip the hand cuff
reconsideration from the court to recall and off
disapproved said order under any of the c) Adjust the cuffs properly for tightness to
following grounds avoid the need of adjustment while on route
d) Regard all inmates being moved /transferred
a) The deceased relative is lying in state in a as extremely notorious ,to avoid being
place beyond 3o kilometer radius from the careless
place of confinement of the inmate or, in any e) Do not allow an inmate to go to toilet or
case where the inmate cannot return to said washroom alone
place during day light hours f) A jail officer shall be extra careful not to sit
b) The detainee has a record of escape,and ,and stand ,or walk next to inmate while
c) The detainee is classified as high risk high carrying a gun as it can easily grabbed from
profile and the jail ahs inadequate resources him
and those of the jail officers escorting him g) Stopping alone the highway while in transit is
5. Before leaving the jail for the authorized highly discouraged ,especially when moving
destinations ,the inmate shall turn over to the or transporting inmates by vehicle hired
warden such amount that may be necessary solely for the purpose and
h) Personal vehicle of the inmates shall not be Conjugal visits. ‑ A male inmate may
used for their movement or transfer enjoy conjugal visits from his spouse in
prisons where there are facilities therefor
LEAVES FROM JAIL under such conditions as may be
prescribed by the Director.
Leaves from jail shall be allowed only on very
meritorious cases, like the following: Visit of legal counsel. ‑ An inmate maybe
visited by his legal counsel of record at
1) Death or serious illness of spouse, father, reasonable hours of the day or night.
mother, brother or sister, or children; and
2) Inmates who are seriously ill/injured may be
given leave for hospitalization or medical PRIVILEGES OF AN INMATE
attendance under proper escort.
1. Attend or participate in any entertainment or
RIGHTS AND PRIVILEGES OF AN INMATE athletic activity within the prison reservation;
2. Read books and other reading materials in
An inmate shall have the following basic rights: the library;
3. Smoke cigar and cigarettes, except in
1. to receive compensation for labor he prohibited places
performs; 4. Participate in civic, religious and other
2. to be credited with time allowances for good activities authorized by prison authorities;
conduct and loyalty, and
3. to send and receive mail matter; 5. Receive gifts and prepared food from visitors
4. to practice his religion or observe his faith; subject to inspection.
5. to receive authorized visitors;
6. to ventilate his grievances through proper RIGHT OF A DETAINEE
channels;
7. to receive death benefits and pecuniary aid A detainee may, aside from the rights and privileges
for injuries. enjoyed by a finally convicted inmate, wear civilian
clothes and to grow his hair in his customary style.
NOTES:
PRIVILEGES OF A COLONIST
 Inmates shall be served meals three (3)
times a day. Breakfast shall be served not 1. Additional five days of GCTA for each
more than fourteen (14) hours after the calendar months on the top of the regular
previous day's dinner. five days GCTA granted under Article 97
of the RPC
 Foreign inmates ‑ Inmates of a foreign 2. Automatic reduction to 30 years if
nationality shall be allowed to sentence is life imprisonment
communicate with the diplomatic and 3. To bring his family or the woman he will
consular representatives of the State of marry to live with him .His family or
which he or she is a national. fiancee will be reimbursed their
transportation expenses in going to the
 Stateless inmates ‑ A national of a state facility to live with the inmate and return
without diplomatic or consular transportation expenses upon release.the
representation in the country and a refugee family may also be entitled to avail of
or stateless person shall also be allowed to prison facilities like hospitals,schools
communicate with the diplomatic and others for free ,family mebers
authorities of the state which takes charge ,however, are subject to the rules being
of his or her interests or any national or implemented in the facility
international authority tasked to protect 4. Reasonable amount of clothing and
such person. ordinary household supplies from the
government commissary as special
reward to deserving colonist and
Visiting days and hours. ‑ An inmate 5. To wear civilian clothes on such special
may be visited from Sundays to Thursdays occasions as may be designated by the
from 9:00 a.m. to 3:00 pm visitors shall not superintendent
be allowed to stay overnight in prison.
There shall be no visits on Fridays and Note : husband and wife inmates may serve their
Saturdays. Due to inmate wash days and sentence together in a prison and penal farm as
inspection and weekly muster and soon as both are classified as colonists
inspection of the members o of the
custodial force.
The superintendent may revoke3d the colonist 2) Sentenced prisoners-
status for cause with the concurrence of the
director of prisons  offenders who are committed to the
jail or prison in order to serve their
sentence after final conviction by
competent court,
COMMITMENT AND CLASSIFICATION  prisoners under jurisdiction of penal
OF INMATES institution

COMMITMENT. – Means the entrusting for 3) Prisoners who are on safe keeping.
confinement of an inmate to a jail by competent
court or authority for investigation, trial and/or  Includes non criminal offenders who
service of sentence. are detained in order to protect
community against their harmful
COURT AND ENTITIES AUTHORIZED TO behavior
COMMIT PERSON TO A JAIL Ex mentally deranged individuals
,insane person.
The following (courts and entities) are authorized to
commit a person to jail: WHEN JUDGEMENT BECOMES FINAL
A JUDGEMENT BECOMES FINAL
1. Supreme Court
2. Court of Appeal 1. When the period for perfecting an appeal has
3. Regional Trial Court lapsed
4. Metropolitan/Municipal Trial Court 2. When the sentence is partially or totally
5. Municipal Circuit Trial Court satisfied or served
6. Board of Transportation 3. When the accused expressly waived in
7. Deportation Board writing his right to appeal and
8. Commission .of Election 4. When the accused applies for probation
9. National Prosecution Service
10. Police Authorities WHEN JUDGEMENT OF ACQUITTAL BECOMES
11. All other administrative bodies as maybe FINAL
authorized by law
A judgment of acquittal becomes final immediately
CLASSIFICATION- after promulgation and cannot be recalled for
correction or amendment any modification thereof
Refers to assigning or grouping of inmates will result in double jeopardy
according to their sentence, gender, age, nationality,
health, criminal records, etc. CLASSIFICATION OF SENTENCED PRISONERS

WHO IS A PRISONER The four (4) main classes of prisoners are, namely:

 A prisoner is a person who is under the 1. Insular/National Prisoner – One who is


custody of lawful authority .A person who by sentenced to a prison term of three (3) years
of his criminal sentence or by decision and one (1) day to death.
issued by a court ,may be deprived of his
liberty or freedom 2. Provincial Prisoner – One who is sentence
 A prisoner is any person detained /confined to a prison term of six (6) months and one (1)
in jail or prison for the commission of criminal day to three (3) years. Or those detain
offense or convicted and serving in a penal therein waiting for preliminary investigation of
institution their case cognizable by the RTC
 A person committed to jail or prison by a
competent authority for any of the following 3. City Prisoner – One who is sentence to a
reasons .to serve a sentence after conviction prison term of one (1) day to three (3) years.
trial o-investigation Or a fine of not more than 1.000 pesos or
both or Those detain therein whose cases
GENERAL CLASSIFCATION OF PRISONERS are filed with the MTC or those detain therein
whose cases are cognizable by the RTC and
1) Detention Prisoners under Preliminary investigation

 those detain for investigation 4. Municipal Prisoner – One who is sentence


,preliminary hearing ,or awaiting trial. to a prison term of one (1) day to six (6)
A detainee in lock up jail they are months. Those detain therein whose trial of
prisoners under the jurisdiction of their cases are pending with the MTC
courts .
5. Sentenced youth offender-are sent to (8) years since they were recommitted.
Regional rehabilitation centers operated by Those with one (1) record of escape must
DSWD. serve five (5) years; and First offenders
sentenced to life imprisonment. They may be
CLASSIFICATION OF DETAINEES – classified as medium security if they have
served five (5) years in a maximum security
The three (3) types of detainees are those : prison or less, upon the recommendation of
the Superintendent.
a) Undergoing investigation;
b) Awaiting or undergoing trial ; and e) Those who were detained in a city and/or
c) Awaiting final judgment. provincial jail shall not be entitled
to said classification.
CLAASIFICATION OF PRISONERS ACCORDING
TO DEGREE OF CUSTODY 3. Minimum security ‑This shall include those
who can be reasonably trusted to serve their
Classification of inmates as to security risk. sentences under less restricted conditions.
1. Maximum security - This shall include
highly dangerous or high security risk Under this category are.
inmates as determined by the Classification
Board who require a high degree of control a) those with a severe physical handicap as
and supervision. Under this category are; certified by the chief medical officer of
the prison;
An inmate shall be assigned to any of the b) those who are sixty‑five (65) years old
following security groups: and above, without pending case
and whose convictions are not on
a) those sentenced to death; appeal;
b) Those whose minimum sentence is c) those who have served one‑half (1 /2) of
twenty (20) years their minimum sentence or one‑third
imprisonment;
(1/3) of their maximum sentence,
c) Remand inmates or detainees whose
excluding Good Conduct Time Allowance
sentence is twenty (20)
(GCTA) as provided in Chapter 4,
years and above and
Part III hereof; and
d) those whose sentence are under
d) Those who have only six (6) months more
review by the Supreme Court or the
to serve before the expiration of their
Court of Appeals;
maximum sentence.
e) Those with pending cases;
f) Recidivists, habitual delinquents and
Correctional institutions are mostly diversified on the
escapees;
basis of degree of custody, among which are the
g) those confined at the RDC
following:
h) Those under disciplinary punishment
or safekeeping;
1. Super Security Facility:
i) Those who are criminally insane or
j) those with severe
A small portion of any prison population
personality or emotional disorders
consists of incorrigibles, recidivists, escape
that make them dangerous to fellow
artists, and chronic troublemakers. This
inmates or the prison staff.
category of prisoners should be confined in a
unit or institution separate from the general
2. Medium Security- this shall include those
population. Ideally they should be confined
who cannot be trusted in less -secured areas
in a super maximum type of prison, like
and whose conduct or behavior require
Alcatraz, where escape is quite impossible.
minimum supervision
2. The maximum Security Institution:
Under this category are:
This type of institution is characterized by
a) Those whose minimum sentence is less than
thick wall enclosures, 18 to 25 feet high. On
twenty (20) years imprisonment,
top of the wall are catwalks along which the
b) Remand inmates or detainees whose
guards patrol at night. At corners and
sentences are below twenty (20)
strategic places are tower posts manned by
years;
heavily armed guards. The housing units
c) Those who are eighteen (18) years of age
within the walls are of the interior cell block
and below, regardless of the
type. Inmates confined in this type of
case and sentence;
institution are not allowed to work outside the
d) Those who have two (2) or more records of
institutions but are assigned to industrial
escapes. They can be classified as medium
shops within the prison compound.
security inmates if they have served eight
6) Grandparents
3. The Medium Security Institution:
The inmate may be allowed more or less three (3)
two layers of wire fence usually enclose this hours to view the deceased relative in the place
type of institution. The inner fence is 12 to 14 where the remains lie in state but shall not be
feet high with curb and the outer fence is 8 to allowed to pass any other place in transit, or to join
12 feet high. The two fences are from 18 to the funeral cortege.
20 feet apart. Usually the top portion of the
fence is provided with barbed wire. The Distance of travel.
perimeter fence requires a minimum number
of personnel to guard it. The housing units The privilege maybe enjoyed only if the deceased
consist of outer single cells, honor rooms, relative is in a place within a radius of thirty (30)
squad rooms and dormitories. The inmates kilometers by road from the prison. Where the
may be allowed to work outside the fence distance is more than thirty (30) kilometers, the
under guard escorts. privilege may be extended if the inmate can leave
and return to his place of confinement during the
4. The minimum Security Institution: daylight hours of the same day.

This type of institution is usually without a APPLICATION TO VIEW THE REMAINS OF A


fence, and if there is one, its purpose is to DECEASED RELATIVE SUPPORTING
keep away the civilian population from DOCUMENTS
entering the institution rather than preventing
escapes. There are no bars or keys to A minimum or medium security inmate may, upon
neither dormitories nor armed guards within written application, be allowed by the
the institution. Superintendent to view the remains of the following
relatives upon written application and submission of
5. The Special Security Facility: the original or certified true copies of the death
certificate, the burial permit
About two percent of an Unselected prison and the documents specified hereunder:
population will consist of incorrigibles,
intractable, and dangerous persons who are 1. Wife or husband (marriage certificate);
so difficult to manage that they are a source 2. Child (birth certificate of child and marriage
of constant disturbance and difficulty even in certificate of the inmate);
the typical maximum security institution. 3. Brother/sister (birth certificate of
brother/sister and birth certificate of the
The color of the uniform of an inmate shall be inmate);
based on his security classification, as follows: 4. Father/mother (birth certificate of the
inmate);
Maximum security - Tangerine 5. Grandchild (birth certificate of grandchild and
Medium security Blue of the latter's parent who may be son or
Minimum security Brown daughter of the inmate);
detaine Gray 6. Grandparent (birth certificate of the inmate
and of his/her parent who is the
PRISONER AUTHORIZED TO GO OUT OF THE son/daughter of the deceased grandparent).
PRISON
OUTSIDE MOVEMENT OF DEATH CONVICT
A prisoner may be taken out of prison in any of the
following instances. A death convict shall not be allowed to leave his
place of confinement except for the urgent
1) For appearance in court or other government treatment or diagnosis of a life threatening or
agencies. serious ailment, if the diagnosis cannot be done
2) For medical treatment or examination or the treatment provided in the prison hospital.
3) For viewing the remains of relative
Basis of court appearance
Pursuant to Executive Order No. 70 only medium
and minimum security prisoners may be allowed The court appearance of an inmate shall be
to view the remains of the immediate members of based on a subpoena issued by the court as
their families within the second degree of endorsed by the Director.
consanguinity as follows:
EMPLOYMENT OF PRISONERS
1) Wife/Husband
2) Children The employment of prisoners has other values.
3) Brother and Sister Inmates who work contribute to their own support
4) Father or Mother and thereby reduce the tax burden on the free
5) Grandchildren
citizens who are required to bear the expense of pronouncement or death; and the removal of the
maintaining penal institutions. intravenous system,

Work not only lessens the boredom of institutional Administering of lethal drugs. –
life, but also is a means where by inmate‟s maintain
or regain, their self-respect. The injection of the lethal drugs to a death convict
shall be made by a person designated by the
Female inmate Director.

A female inmate shall only be assigned to work on Identity of relatives of death convict and of person
jobs suitable to her age and physical condition. She administering lethal injection - The identity of the
shall be supervised only by women officers. relatives of the death convict and the person who
were designated to administer the lethal injection
Old inmate shall be kept secret.

An inmate over sixty (60) years of age may be Selection and composition of media witnesses. –
excused from mandatory labor. The media witnesses shall be selected from among
those present two (2) hours before the scheduled
take place until after the expiration of at least eight execution and shall be drawn from the following
(8) hours following the notification, but before sectors:
sunset.
a. Two (2) from newsprint (broadsheet);
During the interval between, and the notification and b. Two (2) from newsprint (tabloid);
execution, the convict shall, as far as possible, be c. Two (2) from TV;
furnished such assistance as he may request in d.two(2) from radio
order to be attended in his last moments by a priest e. two (2) from foreign press
or minister of the religion he professes and to
consult his lawyers, as well as in order to make a Expulsion of witness
will and confer with the members of his family or of
persons in charge of the management of his Any person who makes unnecessary noise or
business, of the administration of his property, or of displays rude or improper behavior during an
the care of his descendants. execution shall be expelled from the lethal injection
chamber.
Suspension of execution of the death sentence. Non-recording of execution - The Director shall not
– allow the visual, sound or other recording of the
actual execution by media or by any private person
Execution by lethal injection shall not be inflicted or group.

1. Upon pregnant woman Time for burial –


2. a woman within one year after delivery, nor
3. upon any person over seventy (70) years of The burial of death convict shall be held
age. In this last case, the death sentence immediately after execution in a common graveyard
shall be commuted to the penalty of for inmates. In case the cadaver of the convict is
reclusion perpetua with the accessory claimed by his relatives, his burial shall held not later
penalty provided in article 40 of the Revised than three (3) days after his body was released.
Penal Code.

Place of execution.

The execution by lethal injection shall take place in


the prison establishment and space thereat as may
be designated by the Director. Said place shall be
closed to public view.

Execution procedure –

Details of the procedure prior to, during and after


administering the lethal injection shall be set forth in
a manual to be prepared by the Director and
submitted to the Secretary for review and approval.
The manual shall contain details of, among others,
the sequence of events before and after the
execution; procedures in setting up the intravenous
line; the administration of the lethal drugs; the

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