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INSTITUTION-BASED

CORRECTIONS
BY
C/Supt. MERCEDES A.
FORONDA (Ret)
PhD, DPA
The Philippine Correctional has two
(2) Systems Based Approach,
namely:

Institution Based and


Community Based Approach
Both systems are being implemented on a
fragmentary basis by three (3)
Departments of the Executive Branch of
the government. These are:

Dept. Of Justice, Dept. of


Interior & Local Govt. ,
Dept. of Social Welfare &
Development
(1) Department of Justice
(DOJ)
takes care of the National Prisoners. The
National Prison and Penal Farms which is
being supervised and administered by the
Bureau of Corrections (BUCOR) This is headed
by a civilian Director. USEC Oscar Calderon,
formerly Chief, PNP. Tasked to rehabilitate
national prisoners so they can become useful
members of society upon completion of their
sentence
These are the prisoners whose penalty ranges
from THREE (3) YEARS and ONEDAY- UP to
include LIFE and DEATH penalties or a fine
of more than five thousand pesos, or
regardless of the length of sentence, to one
sentenced for violation of custom law or other
laws under the jurisdiction of the Bureau of
Customs or enforceable by One (1), or for
violation of immigration and election laws, or to
one sentenced to serve two (2) or more
sentence the total of which exceeds three years.
National Prisoners are also referred to under the
law as Insular Prisoners.
(2) The Department of the Interior and
Local Government (DILG)

takes care of the municipal, city and district


Jails. The Provincial Jails and sub-provincial
jails are operated by the Provincial Local
government Units under the supervision
and management by their respective
governors in each province and whose
penalty ranges from SIX (6) MONTHS and
ONE DAY UP TO THREE(3) YEARS;
the local jails namely, the Municipal jails,
City jails and District jails are under the
supervision and administration of the
Bureau of Jail Management and
Penology (BJMP) and whose penalty
ranges from ONE (1) DAY to SIX (6)
MONTHS for Municipal Jail inmates,
and for City Jail inmates whose penalty
ranges from ONE (1) DAY TO THREE
(3) YEARS. The district jail may be created
thereat if the monthly jail population is less
than ten (10) inmates
What is a district Jail?
DISTRICT Jail is a consolidation of
all inmates in two or four municipal
jails whose inmate population is less
than 10 monthly provided it will be
located near the Metropolitan Trial
Court or Regional Trial Court
.Purposely to maximized the
manpower and other logistical
requirements.
(3) The Department of Social Welfare
and Development (DSWD)
takes care of the sentenced Youth
offenders. which are located in the
ten (10) Regional Youth
Rehabilitation Centers nationwide.
 There are ten (10) rehabilitation centers for youth
offenders, nine of which are for boys while only one is for
girls. Of the nine centers for boys one is the National
Training School for Boys which also happens the be the
largest RRCY. This is located in Sampaloc, Tanay, Rizal and
it caters to youth offenders coming Regions IV, V and NCR.
The only RRCY for girls is also the National Training School
for Girls located at Marillac Hills, Alabang, Metro Manila.
 The eight other RRCYs are located in Barangay Urayong,
Bauang, La Union for those coming from Region I, II and
the Cordilleras; Barangay Ayala, Magalang, Pampanga for
Region III; Nueva Valencia in the island province of
Guimaras for Region VI; Barangay Candabong, Argao, Cebu
for Region VII; Barangay Sto Nino, Leyte for Region VIII;
Barangay Anastacio Polanco, Dipolog, Zamboanga del
Norte for Region IX; Gingoog City for Region X; and
Barangay Bago Oshiro, Davao City for Region XI. Youth
offenders from Caraga Region are sent either to Dipolog,
Gingoog or Davao depending on which is most accessible.
RA 9344- Juvenile Justice
and Welfare Act of 2006
Under the law children 15 years old
and below would be exempted from
criminal liability while youth offenders
ages 15 to 18 years old could only be
criminally charged if they committed
the crime with discernment.
It also provides the immediate turnover of
children in conflict with the law to social
workers upon apprehension.
If detention is necessary, the youth offenders
would be transferred to youth detention
homes set up by the local governments and
non-government organizations.
The law also created the Juvenile Justice and
Welfare Council under the Department of
Justice that would oversee its implementation
and advise the President regarding the
protection of youth offenders.
The first penal institution in the country was
established even before the effectivity of the
Spanish Penal Code and while the
Recompilation laws were still the existing laws
of the islands. This prison facility is the Bilibid
Prison which was constructed in 1847.in
Azcarraga, Manila.. it was only recognized and
formally designated as an Insular
Penitentiary through Royal Decree issued
in 1865. The physical layout was constructed
in conformity with the dominant concept of
criminology existing in Europe
Twenty-two (22) years after the establishment
of the Bilibid Insular Penitentiary, the
San Ramon Prison and Penal Farms was
established 1869 in the Southern tip of
Zamboanga. The Zamboanga Peninsula was
also a banishment site for political non-
conformists coming from Luzon and the
Visayas. This is one of the reasons why our
own national hero , Dr. Jose P. Rizal who
fought for reforms, which the island colonial
authorities found objectionable and subversive
to their tastes, was exiled in Dapitan.
San Ramon Prison and Penal Farms was
named in memory of its founder, Ramon
Blanco, a Spanish Captain in the Royal
Army
It was closed during the Spanish-American
War of 1898 but reopened in 1904 after the
victorious American grabbed possession of the
Philippines from Spain and the Americans have
established control over this colony. The land
area is 1,524.6 hectares The principal product
is copra, which is the biggest sources of
income of the Bureau of Prisons.
In 1904, another penal colony was
established in Iwahig, Palawan on the order
of Governor Forbes, then the incumbent
Secretary of Commerce and Police. The
establishment of this penal facility was made
on the suggestion of Governor Luke E.
Wright., who felt the need for an institution
designed for incorrigible offenders. An
American construction foreman left Bilibid on
November 16,1904 with 16 prisoners and
sailed to Palawan to start building the colony
thereat
However, this contingent turned
against their custodian, hogtied
their Superintendent and the short
lived revolt was quelled with the
timely arrival of Philippine Scout
reinforcement from Puerto
Princesa., the provincial capital.
In November 1, 1905, Reorganization
act 1407 was passed into law
mandating the Philippine Commission
to create the Bureau of Prisons under
the department of Commerce and
Police. Later, jurisdiction was assigned
to the Dept. of Instruction., the
predecessor of the Dept. of
Education. Finally to the Dept. of
Justice.
The Iwahig Penal Colony, as a
destination for maximum security
incorrigible prisoners. Instead,
convicts who were well behaved and
pliable were assigned to this facility.
The reason to convert the 38,611
hectares of fertile lands into
production areas for revenue and as
a means to prisoner rehabilitations
Today, this Penal institution is
considered as one of the most open
penal institution in the world. It was
from this facility that the term “Prison
without Wall” had its beginning. Iwahig
was divided into four (4) sub-colonies
for a more practical consideration of
easier administration and mangement.
These sub-colonies are 1. Santa
Lucia, 2. Inagawan, 3. Montible, 4.
Central.
Each sub-colony operates as an
autonomous institution under the
management of a Penal supervisor. The
colony allocated 1,000 hectares, which
was distributed to release inmates who no
longer had any desire to return to their
original homes and who instead want to
settle for good in Palawan. This is the
Tagumpay Settlement. The prisoners
were awarded six (6) hectares farm
lots as homestead.
On November 27,1929, Republic Act 3579 was
passed into law establishing the Correctional
Institution for Women. This Penal institution
was constructed on an 18-hectare piece of land,
in Mandaluyong. Before the construction of this
women institution
Prisoners were confined in portion of the Bilibid
Prison. In 1934, the position of Female
superintendent was created to
superintendent the operation of this penal
facility. Today, the institute is run entirely by
female personnel with the exception of the
perimeter guards who are male.
New Bilibid Prison was constructed in
1936 in Muntinlupa in a 552 hectares of
land and in 1941 the actual transfer of
Muntinlupa facility was established. This
site was previously acquired by the city to
become the site for the Boys Training
School. The Bilibid Prison in Manila was
renamed Old Bilibid Prison to avoid
confusion and presently known as Manila
City Jail. This was constructed by virtue of
Proclamation 414 in 1931 as an enabling Order
to Commonwealth Act No. 3732. these official
edicts were also the official basis for the opening
of the Davao Penal Colony.
The New Bilibid Prison houses
maximum security convicts including the
death row, the electric chair chamber
when it was still in use and now the
lethal Injection chamber. It is
considered as one of the biggest prisons
in the world in terms of the number of
prisoners population. The central office
of the Bureau of Corrections are also
housed here.
Outside the compound and within the reservation,
three (3) other Satellite Prisons are situated. These
are the minimum security camp called Camp
Bukang Liwayway, the name implying the
coming release of prisoners destined here.
Miminum Security inmates are those with
severe physical handicap as certified by the
chief prison medical officer, 65 years old and
above and not on appeal or without pending case;
those who served at least ½ of their minimum
sentence or 1/3 of their maximum sentence
excluding Good Conduct Time Allowance and those
with only 6 months to serve before expiration of
maximum sentence.
The second is Camp Sampaguita, which
houses medium security prisoners.
Medium Security inmates are those with
less than 20 years sentence, remand
inmates or detainees below 20 years
sentence, 18 years old and below regardless
of case or sentence, those who have 2 or
more escape records but have served 8 years
since recommitment, those with one record
of escaped but have served five (5) years as
maximum security and upon recommendation
of the superintendent
The Director of Corrections may grant GTCA to
an inmate for good behavior with no record
or disciplinary infraction or violation of prison
rules and regulations. GCTA is the statutory
reduction of a prisoner’s sentence for good
behavior during confinement under Article
97 of the Revised Penal Code. This is
automatically applied to all prisoners as long
as he does not commit violations of prisons
rules and regulations. GCTA is a kind of right
that can only be denied if the prisoner
breaks the rules and only after due process
is observed
Good conduct entitles the inmate to the
following deductions from his sentence:

1. In the first two years of incarceration, 5


days deduction for each month of good
behavior.
2. From the 3rd to 5th year, 8 days
deduction for each month of good
behavior
3. From 6th year to 10 years, 10 days
deduction for each month of good
behavior; and
4. From the 11th year, 15 days deduction for
each month of good behavior.

GTCA may also be granted to a detainee to


be deducted from his sentence if
convicted provided that he voluntarily
offers to perform labor as maybe assigned
to him during his detention period. Such
voluntary offer must be in writing.
An inmate whose sentence is life
imprisonment but is on appeal is not
entitled to GCTA.
GCTA cannot be revoked without a just
cause. GCTAs revoked for a just cause
may be restored at the discretion of the
Director of Correction upon
recommendation of the Superintendent

In addition to the GCTA, a prisoner may


also be entitled to another five days per
month deduction from the sentence he
has to serve when he has been classified
as a trusty or penal colonist.
This is provided by Act. No. 2489,
otherwise known as the Industrial Good
Time Law. Life imprisonment is also
automatically reduced to thirty years
imprisonment upon being classified as a
trusty or penal colonist.
Under section 98 and 158 of the Revised
Penal Code, Special Time Allowance (STA)
for loyalty equivalent to one-fifth of the
sentence shall be deducted from the
inmates sentence if, after the inmate
abandoned prison due to disorder arising
from conflagration, earthquake, explosion,
or similar catastrophes, or during a mutiny
in which the inmate did not participate
voluntarily submits himself to the
authorities within forty-eight hours
following the issuance of a proclamation
announcing the ending of the calamity.
Under Article 99 of the Revised Penal
Code (RPC) GCTAs and STAs are
granted by the Director of Corrections
- The Youth Rehabilitation
Center for juvenile offenders is
also situated here.
And the third facility is the
Reception and Diagnostic Center
that receives newly committed
prisoners coming from the jails
nationwide. Inmates accepted by
the RDC will be studied and
classified, the purpose of which, is
the formulation of the
individualized treatment program
designed to achieve the most
successful rehabilitation
Upon admission, the inmate or
detainee if he has a pending case, will
be put in quarantine in a designated
cell at the RDC for a minimum of five
(5) days during which he shall be
administered the ff. Physical
exam,mental, orientation, private
interview and etc.
The Davao Penal Colony was
established in January 21,1932 by
virtue of Republic Act 3732 and
Proclamation No. 414. Retired
General Paulino Santos, the
incumbent Prisons Director at the
time the first contingent of
prisoners that opened the colony
that covers an area about 18,000
hectares.
The Japanese transferred the
prisoners who were destined here to
the Inagawan sub-colony if
Iwahig Penal Colony. Before the
Japanese left the facility due to the
return of the Americans, they
destroyed all its buildings,
machineries and industries. By
August ,1946, however, the colony
was able to re-establish its pre war
status.
At present the Davao Penal Colony houses
medium and minimum security prisoners.
They work in the open fields escorted by the
colony custodial force. It is now the biggest
abaca plantation in the country.. It is a
major banana producer having secured a
joint venture agreement with Tagum
Development Company. In a 3,000
hectares banana plantation. These
banana products are exported to Japan,
Saudi Arabia, Egypt and many other
countries.
Davao Penal Colony has two (2)
sub-colonies: (1) Panabo and (2)
kapalong with each under a penal
supervisor. It has also a settlement
site for released prisoners who no
longer wish to return to their homes
but choose to remain in Davao as
homesteaders. This settlement area
is called Tanglaw Settlement.
Reception Diagnostic Center which was
established in 1953 by virtue of
Administrative order no. 11 issued by
the Secretary of Justice. The Center was
established to enable the Bucor to
conduct a more effective rehabilitation
of prisoners committed to the Bureau’s
care through a more scientific study and
diagnoses of each and every prisoner
committed to the Bureau.
On September 17,1954, the president
of the Philippines issued Proclamation
No. 72 allocating 16,000 hectares of
land in Sablayan, Occidental Mindoro
for the setting up of another penal
colony. The Sablayan Penal Colony
and Farm was established to met the
increasing population of prisoners
that is already causing serious
congestion.
In those times, the New Bilibid Prison
that was supposed to confine only
3,000 had a population more than
twice that capacity. The actual land
area is 16,408.5. The principal
activity is agriculture and rice is
the main product.
The last Penal facility to be built
by the Bureau of prisons is the
Leyte Regional Prison in
Abuyog. This was established in
January 16,1973 on the orders
issued under the Martial law by
President Ferdinand E. Marcos
The Bureau of Jail Management and
Penology was created pursuant to
Republic Act 6975 signed on December
13,1990 and became known as the DILG
Act of 1990.
On December 10,1974, Presidential
Decree no. 603 otherwise known as the
Child and Youth Welfare Code of 1974
was promulgated. This Code became the
magna Carta for Children and was the
first in the entire ASEAN region.
Before P.D.603 went into effect,
however, there is already a long
existing law covering the
probationary treatment of juveniles
in conflict with the law.
This is Commonwealth Act no.
3203 that went into effect on
December 3,1924. This is the first
youth offenders law of the land
this law established the Welfare
Institutions, which took
responsibility of taking charge of all
government child-caring
institutions, Home for the Aged and
Infirm as well the Philippine training
School for Boys. They were put
under the supervision of the office
of Public Welfare Commission.
All these facilities were centralized and
located at what was known as Welfareville in
Mandaluyong. It has fifty (50) hectares land
with forty (40) buildings. Five (5) of the
buildings were for orphanage of different
types of orphaned children, homes for the
homeless, neglected, displaced and
abandoned boys picked up by the Police, the
Philippine Training School for Boys and the
Philippine Training School for Girls which
serve for confinement institution for youths in
conflict with the laws, and home for the aged
and infirm.
On November 29,1969 the Philippine
training School for Boys was transferred
to Sampaloc, Tanay, Rizal where it
continues to stay to this day. It was
named Vicente Madrigal
Rehabilitation Center, in honor of
the one who donated the land.
Eventually, however, it returned to its
old official name, the National
training School for Boys.
On the other hand, the
Philippine training School for
Girls transferred to Alabang,
Muntinlupa City which became
the MARILLAC HILLS up to this
day.
Safekeeping Functions

RULE I
COMMITMENT AND
CLASSIFICATION OF
PRISONERS OR DATAINEES
 A person can be committed to jail
only upon the issuance of an
appropriate order by a competent
court or authority so mandated
under Philippine laws. This Rule
enumerates these courts and
authorities, and classifies inmates
according to the conditions for their
commitment.
Section 1. COURTS AND OTHER
ENTITIES AUTHORIZED TO COMMIT A
PERSON TO JAIL – The following (courts
& entities) are authorized to commit a person
to jail
A. Supreme Court
B. Court of Appeals
C. Sandiganbayan
D. Regional Trial Court
E. Metropolitan / Municipal Trial Court
F. Municipal Circuit Trial Court
G. Congress of the Philippines
H. All other administrative bodies or persons
authorized by law to arrest and / or commit
a person to jail
Section 2. CATEGORIES OF INMATES
– The two (2) general classes of inmates
are:
A. Prisoner – inmate who is convicted by
final judgment

B. Detainee – inmate who is undergoing


investigation / trial or awaiting trial /
sentencing
Section 3. CLASSIFICATION OF
PRISONERS – The four (4) main
classifications of prisoners are:

A. Insular Prisoner – one who is sentenced


to a prison term of three (3) years and
one (1) day to death

B. Provincial Prisoner – one who is


sentenced to a prison term of six (6)
months and one (1) day to three (3)
years.
c. City Prisoner – one who is sentenced to
a prison term of one (1) day to three (3)
years.

d. Municipal Prisoner – one who is


sentenced to a prison term of one (1) day
to six (6) months.
Section 4. CLASSIFICATION OF
DETAINEES – The Three (3) types of
detainees are those:

A. Undergoing investigation

B. Awaiting or undergoing trial; and,

C. Awaiting final judgment


Section 5. INMATES SECURITY
CLASSIFICATION – The following are the
classification of inmates according to security
risk
A. High Risk Inmates

B. High Profile Inmates

C. Ordinary Inmates
Section 6. REQUIREMENTS FOR
COMMITMENT – The following are the
requirements for commitment:

A. Commitment Order

B. Medical Certificate

C. Complaint / Information

D. Police Booking Sheet


RULE II
RECEPTION PROCEDURES,
CLASSIFICATION AND
DISCIPLINARY BOARDS AND
PUNISHABLE ACTS OF INMATES
One of the Guiding principles of the United
Nations Standard Minimum Rules for the
Treatment of prisoners states that
“Imprisonment and other measures which
result in cutting off an offender from the
outside world are afflictive by the very fact of
taking from a person the right of self-
determination by depriving him / her liberty.
Therefore, the prison system shall not, except
as incidental to justifiable segregation for the
maintenance of discipline, aggravate the
suffering inherent in such a situation”,
Hence, a well-planned and organized
reception of datainees is critical to
achieving this. The inmate’s first
impression of the correctional process
greatly influences his / her attitude and
behavior toward the custodial and
rehabilitative regimens he / she must
undergo during confinement, and
perhaps, to some extent, affect his / her
outlook and adjustment after his / her
release. This rule provides guidance on
the reception and disciplinary aspects of
jail management.
Section 1. Reception Procedures –
A decent and humane program of
confinement starts with a systematic
reception of inmates for commitment
to the BJMP’s jail facilities. The
Following procedures should therefore
be observed:
A. The Jail Desk Officer carefully checks
the credentials of the person(s) bringing
in the inmate to determine his/her/their
identity and authority. The officer also
ascertains from the person that all law
enforcement procedures, including the
verification for standing warrant /
criminal record of the arrested person
therefore before physical presentation in
court, must have been undertaken prior
to the inmate’s transfer / commitment to
the jail.
This is understood therefore that other
standing warrants must have been
served when a person is admitted for
jail custody.
B. The jail Desk Officer carefully
examines the arrest report and the
authenticity of the commitment
order or mittimus in due form to
determine whether the inmate has
been committed under legal
authority as provided for by Section
3, Rule XIII of the Rules of Court.
C. Person arrested by virtue of a
Warrant of Arrest must secure a
Commitment Order from the
Court where the Warrant of Arrest
is issued before he can be
committed to jail.
D. The admitting jail officer all cash
and other personal property from
the inmate, lists them down on a
receipt from in duplicate, duly
signed by him / her and
countersigned by the inmate. The
original receipt should be kept for
the record and the duplicate copy
should be given to the inmate.
E. All cash and other valuables of
the inmate must be turned over
to the Property Custodian for
safekeeping and covered by
official receipts.
F. The inmate is then fingerprinted
and photographed.

G. The admitting jail officer


accomplishes a jail booking report
attaching, there to the inmate’s
photograph for reference
H. The newly admitted inmate shall
be thoroughly strip-searched. His /
Her clothing shall also be carefully
examined for contraband. He / she
is then checked for body vermin,
cuts, bruises and other injuries,
and for needle marks to determine
if he / she is a drug dependent.
I. The jail Medical Personnel or the
Local Health Officer immediately
conducts a thorough Medical
Examination of the inmate.
J. When it is not possible for the Jail
Medical Personnel to be in attendance
during the inmate’s admission, the
receiving officers shall observe the
mental alertness, overall appearance,
physical abnormalities, rashes,
scratches or other identifying marks of
the individual and note them down in
the inmate’s jail booking report. The
offender observed to be suffering from
any contagious disease is immediately
isolated.
K. A medical record is accomplished by the
Jail Medical Personnel or Local Health
Officer, showing the condition of the
inmate at the time of admission and to
include, if possible, his / her medical
history.

I. Upon commitment, the inmate should be


briefed or oriented on the jail rules and
regulation by the Chief Custodial Officer or
the Officer of the Day prior to
classification and segregation
M. The sentenced inmates shall be
provided with jail clothing. His /
Her personal clothing should be
properly received, cleaned and
stored safely until his / her
release. The detainee, for his /
her own safety, may be allowed
to wear civilian clothes.
N. The warden establishes and maintains
a record of all inmates, consisting of
information on the inmate’s name and
alias, if any; weight, height and body
marks or tattoos, if any; nationality
and, if a naturalized Filipino, his / her
previous nationality; previous
occupation / profession; prior criminal
convictions; and previous place of
residence
In case of a detainee, the record shall
also indicate the crime of which he /
she was convicted; the sentencing
court, his / her sentence and the
commencement date thereof;
institutional behavior and conduct,
and date he / she was received for
confinement
In case of a detainee, the record shall
indicate the Criminal Case number in
trial court where the case is pending;
or the Case number in the Appellate
court if the case is on appeal and the
status of the appeal; or the reason for
his / her detention.
O. Upon completion of the reception
procedures, the detainee is
assigned to his / her quarters.

P. The detainee should be issued all


the materials that he / she will be
using during his / her confinement,
if such materials are available.
Q. Upon receipt of a detainee, he / she shall
be apprised, preferably in the dialect
which he / she understands, that under
Article 29 of the Revised Penal Code, as
amended by the Republic Act No. 6125,
his / her preventive imprisonment shall be
credited in the service of his / her
sentence, consisting of deprivation of
liberty for the whole period he / she is
detained if he / she agrees voluntarily in
writing to abide by the same disciplinary
rules imposed upon convicted prisoners;
Provided, that he / she is not a
recidivist or has not been previously
convicted twice or more times of any
crime; and when, upon being
summoned for the execution of his /
her sentence, he / she surrendered
voluntarily.
R. If the inmate agrees to abide by the
same disciplinary rules imposed upon
convicted inmates, he / she shall be
asked to sign a Detainee’s
Manifestation. Otherwise, the warden
issues a Certification under oath to the
effect that the detainee was apprised
of the provisions of Article 29 of the
RPC, as amended, and that the
detainee refused to abide the rules
imposed upon convicted inmates.
S. An inmate who signs a Detainee’s
manifestation shall be treated as a
sentenced inmate insofar as work and
discipline are concerned. Any failure or
neglect to perform his / her assigned
work shall be sufficient cause for the
cancellation of the Manifestation.
Thereafter, he / she shall not be
treated as a convicted inmate cease to
earn the privilege granted.
T. A Detainee who is covered by a
Certification is not required to work
but he / she may be made to clean
his / her cell and perform such other
work as may be necessary for
hygienic or sanitary reasons. He /
She shall be credited with the service
of his / her sentence with four-fifths
(4/5) of the time during which he /
she was detained.
U. The warden submits the Detainee’s
Manifestation or Certification as the case may
be, to the proper court before the date set for
the arraignment of the inmate and the same
shall form part of the records of the case.

The same procedure shall be followed with


respect to all accused persons who have been
convicted but whose cases are pending appeal
before a higher court. The Detainees
Manifestation or Certification as the case may
be, shall form part of the records of the case.
V. Full credit for the preventive
imprisonment shall commence from
the date of the Detainee’s
Manifestation.
SECTION 2. CLASSIFICATION BOARD
Each jail shall maintain Classification board, if
facilities and personnel are available, to be
composed of the following.

Chairman - Deputy Warden


Member - Chief, Custodial/Security
Office
Member - Medical Officer/ Public
Health Officer
Member - Jail Chaplain
Member - Inmates Welfare and
Development
SECTION 3. DUTIES AND
FUNCTIONS OF THE
CLASSIFICATION BOARD

The Classification Board is tasked to


conduct background investigation of inmates
to determine the work assignment, type of
supervision and degree of custody and
restrictions under which an inmate must live
in jail. The investigation shall focus on:
A. Facts and data of the present case;

B. Earlier criminal history and if he / she is


a recidivist or habitual delinquent, the
facts about his / her attitudes and
behavior while confined in other
institutions.

C. Biography or life history;

D. Medical History
E. Vocational, recreational, educational and
religious background / interest; and,

F. Psychological characteristics as evaluated


by the psychiatrist and psychologist.
The inmate is required to appear before
the classification Board for a frank
discussion concerning his / her strengths
and weaknesses. After this, he / she is
informed of the program planned for him /
her. He / She is asked if he/ she is willing
to undergo this program for his / her own
good. If necessary, the Board will see to it
that the program planned for the inmate is
followed.
Section 4 . DISCIPLINARY BOARD
A disciplinary Board shall be
organized and maintained by jails for
the purpose of hearing disciplinary
cases involving any inmate who
violate jail rules and regulations. It
shall be composed of the following:
Chairman - Deputy Warden
Member - Chief, Custodial /
Security Officer
Member - Medical Officer /
Public Health Officer
Member - Jail Chaplain
Member - Inmates, Welfare and
Development Officer
Member - Inmate’s Representative

If the above composition is not feasible


because of personnel limitations, the
Warden shall perform the Board’s functions
as a Summary Disciplinary Officer
Section 5. DUTIES AND FUCTIONS
OF THE DISCIPLINARY BOARD
The Board is tasked to investigate the
facts of an alleged misconduct referred to
it. It shall hold sessions as often as
necessary in a room, which may be
provided for the purpose. All cases
referred to it shall be heard and decided
within forty-eight (48) hours from the date
of receipt of the case.
Section 6. AUTHORIZED DICIPLINARY
PUNISHMENT FOR INMATES
The Board is authorized to impose any of
the following disciplinary punishments:
A. Reprimand ;
B. Temporary or permanent cancellation of
some or all recreational privileges;
C. Cancellation of visiting privileges;
D. Extra-fatigue duty for sentenced
inmates;
E. Confinement in a cell, provided that this
punishment shall be imposed only in the
case of an incorrigible inmate, when other
disciplinary measures had been proven
ineffective; and,

F. Transfer to another BJMP jail in the area,


in coordination with the court.
In addition to the above-mentioned
punishment, the Disciplinary Board may
recommend to the Warden partial or full
forfeiture of Good Conduct Time
Allowance (GCTA) to be earned for that
month and subsequent months depending
upon the gravity of the offense.
Section 7. LIMITATIONS ON
DICIPLINARY PUNISHMENT FOR
INMATES
The Disciplinary Board shall consider the
following limitations when imposing
disciplinary punishment:

A. No pregnant inmate or one who


breastfeeds a baby shall be subjected to
any disciplinary punishment.
B. No infirmed or handicapped inmate shall
be meted out punishment which might
affect his / her health or physical well-
being.

C. Corporal punishment, confinement in


dark or inadequately ventilated cells and
any form of cruel, unusual, inhuman
degrading punishment are absolutely
prohibited.
D. Whenever the penalty of extra-fatigue
duty or solitary confinement imposed may
affect the health of the inmate, he / she
shall be made to undergo medical
examination to determine his / her
physical fitness to serve his / her
punishment.

E. When necessary, the Jail Physician shall


visit the inmates undergoing punishment
and shall advise the Warden for the
termination of the punishment on grounds
of physical or mental health.
F. Instruments of restraint, such as
handcuffs, leg irons and straitjackets are
not to be applied as the form of
punishment. They shall only be used as a
precaution against escape and on medical
grounds to prevent an inmate from
injuring himself or others.

G. Breaches of discipline shall be handled


objectively and decisions shall be executed
firmly and justly.
H. As a general rule, every violation of
discipline shall be dealt with accordingly.
In extreme case where the violation
necessitates immediate action, the
Warden or the Officer of the Day may
administer the necessary restraints and
report the action taken to the Disciplinary
Board.
Section 8. PROCEDURES IN THE
HEARING OF DISCIPLINARY CASES

The Following procedures shall be


followed in the hearing of disciplinary
cases:
A. The aggrieved inmate informs any
member of the custodial force of the
violation; the latter in, turn officially
reports the matter to the Desk Officer. If
one of the jail employees knows the
violation committed by the inmate, a
brief description shall be made of the
circumstances surrounding or leading to
the reported violation and all facts
relative to the case;
B. The desk officer simultaneously informs
the Warden and shall immediately cause
the investigation. He / She submit to the
Warden his / her report together with his /
her recommendations;
C. The Warden evaluates the report if he /
she believes that there is no sufficient
evidence to support the alleged violation,
he / she shall dismiss the case. If he / she
believes that sufficient evidence exist, he /
she shall decide the case and impose the
necessary penalty in case of minor
violations. If the offense is less grave or
grave, he / she shall endorse it to the
Disciplinary Board for hearing or decide it
him / herself as a Summary Disciplinary
Officer if there is no Disciplinary board;
D. The inmate shall be confronted of the
reported violation and asked how he / she
pleads to charge. If he / she admits the
violation or pleads guilty, the Board of the
Warden, as the case may be, shall impose
the corresponding punishment;
E. If the inmate denies the charge, the
hearing shall commence with the
presentation of evidence and other
witnesses by the Desk Officer. The inmate
shall the be given the opportunity to
defend him / herself by his / her testimony
and those of his / her witnesses, if any,
and to present other evidences to prove
his / her innocence;
F. After hearing, the Board decides the case
on the merits;

G. Whether the inmate is found guilty or


not, he / she should be advised to obey
the rules and regulations strictly and be
reminded that good behavior is
indispensable for his / her early release
and / or granting of privileges; and.
H. Decisions of the Board or Summary
Disciplinary Officer are subject to review
and approval by the warden and/ or
higher authority, respectively. The inmates
may request by the Warden and / or
higher authority, respectively. The inmates
may request a review of findings of the
board or summary disciplinary officer and
the propriety of the penalty from the
National Headquarters, BJMP, whose
decision shall be final.
SECTION 9. PUNISHABLE ACTS
An inmate is strictly prohibited from
committing any of the following acts:
A. Minor Offenses

1. Selling or bartering with fellow inmate (s)


those items are not classified as contraband
2. Rendering personal service to fellow
inmates;
3. Untidy or dirty personal appearance;
4. Littering or failing to maintain cleanliness
and orderliness in his / her quarters and /
or surroundings;

5. Making frivolous or groundless


complaints;

6. Taking the cudgels for or reporting


complaints on behalf of other inmates;
7. Late in formation during inmate headcount
without justifiable reason; and,

8. Willful waste of food.


B. LESS GRAVE OFFENSES
1. Failure to report for work detail of
sentenced inmates without sufficient
justification;
2. Failure to render assistance to an injured
personnel or inmate;
3. Failure to assist in putting out fires inside
the jail;
4. Behaving improperly or acting
boisterously during religious, social and
other group functions;
5. Swearing, cursing or using profane or
defamatory language directed at other
persons;
6. Malingering or pretending to be sick to
escape work assignment;
7. Spreading rumors or malicious intrigues
to besmirch the honor of any person,
particularly BMJP personnel;
8. Failure to stand at attention and give due
respect when confronted by or reporting
to any BJMP personnel;
9. Forcing fellow inmates to render personal
service for him / her and / or to others;
10. Exchanging uniforms or wearing clothes
other than those issued to him / her for
the purpose of circumventing jail rules;
11. Loitering or being in an authorized place;
12. Using the telephone without authority
from the Desk Officer / Warden
13. Writing, defacing, or drawing on walls,
floors or any furniture or equipment;
14. Withholding information which may be
inimical or prejudicial to the jail
administration;
15. Possession of lewd or pornographic
literature and / or photographs;
16. Absence from cell, brigade, place of
work during headcount, or at any time
without justifiable reason and;
17. Failure to turn over any implement /
article issued after work detail
C. GRAVE OFFENSES

1. Making untruthful statements or lies in


any official communication, transaction,
or investigation.
2. Keeping on concealing keys or locks of
places in the jail which are off-limits to
inmates;
3. Giving gifts, selling, or bartering with jail
personnel
4. Keeping in his her possession money,
jewelry, cellular phones or other
communication devices and other items
classified as contraband under the rules;
5. Tattooing others or allowing him / her to
be tattooed on any part of the body, or
keeping any paraphernalia to be used in
tattooing;
6. Forcibly taking or extorting money from
fellow inmates and visitors;
7. Punishing or inflicting injury or any harm
upon him / herself or other inmates
8. Receiving, keeping, taking or drinking
liquor and prohibited drugs;
9. Making, improvising or keeping any kind
of deadly weapon;
10. Concealing or withholding information
on plans of attempted escapes;
11. Unruly conduct and flagrant disregard or
discipline and instructions;
12. Escaping, attempting or planning to
escape from the institution or from any
guard;
13. Helping, aiding or abetting others to
escape;
14. Fighting, causing any disturbance or
participating therein and / or agitating to
cause such disturbance or riot;
15. Indecent, immoral or lascivious acts by
him / her or others and / or allowing him /
herself to be the subject to such indecent,
immoral or lascivious acts;
16. Willful disobedience to a lawful order
issued by any BJMP personnel;
17. Assaulting any BJMP personnel;
18. Damaging any government property or
equipment;
19. Participating in kangaroo court, an
unauthorized or irregular court conducted
with disregard for or perversion of legal
procedures as a mock by the inmates in a
jail / prison.
20. Affiliating with any gang or faction
whose main purpose is to foment
regionalism or to segregate themselves
from others;
21. Failing to inform the authorities
concerned when afflicted with any
communicable disease, such as
tuberculosis, sexually-transmitted
diseases, etc;
22. Engaging in gambling or any game of
chance;
23. Committing any act which is an violation
of any law or ordinance, in which case, he
/ she shall be prosecuted criminally in
accordance with law and;

24. Committing any act prejudicial to good


order and discipline.
RULE III
TREATMENT OF INMATES
WITH SPECIAL NEEDS
The United Nations Standard Minimum
Rules for the Treatment of prisoner
provides that “so far as possible,
separate institutions or separate sections
of an institution shall be used for the
treatment of the different classes of
prisoners”. The BJMP has adhered to this
principle since its creation; however, the
rise in criminality in recent years, coupled
with the passage of more stringent laws
(especially for drug-related offenses)
And the adoption of better crime solution
methods, resulted to a marked increase
in inmate population in BJMP detention
centers. The lack of funds to expand
existing jails or to build new ones
aggravates the situation. This Rule,
therefore, provides guidance to Wardens
and Jail Officers on how to treat inmates
with special needs, given and limited
resources.
SECTION 1. BASIC POLICY
As a general rule, inmates with special needs should
not be held in jails with other regular inmates. For
example, female inmates should be confined in
institutions that are separate from those used for
males. However given the reality of budget
constraints, increasing inmate population,
insufficient facilities and inadequately-equipped
detention homes, Wardens and Jail Officers shall
endeavor to provide the best arrangement they can
for such inmates, in keeping with this Rule. It is
assumed that the inmates have been properly
evaluated and classified for this purpose.
SECTION 2. HANDLING INMATES
WITH SPECIAL NEEDS
The following guidelines shall be
observed in handling of inmates with
special needs:

A. Female

1. The female quarters should be fully


separated from the male quarters.
2. In larger jails, a female personnel may be
designated to keep the keys to the female
quarters and make the same available at
any time.

3. No male inmate shall be allowed to enter


the female quarters; and,

4. Only work suitable to their age and


physical condition should be assigned to
female inmates
B. Drug Users / Dependents / Addicts
1. Inmates found to be drug users /
dependents / addicts / should be
segregated from other inmates,
especially during the withdrawal period;
2. Maintain close supervision of inmates to
prevent attempts to commit suicide or
self-mutilation;
3. Only a qualified physician shall prescribe
sedatives / stimulants deemed necessary
for the inmate’s treatment;
4. Appropriate measures should be taken to
enable inmates to follow strictly the jail
physician’s advice regarding diet and other
medical interventions / treatments during
the withdrawal period; and,

5. Conduct regular search of the inmate’s


quarters and maintain constant alertness
to prevent the smuggling of narcotics and
other dangerous drugs.
C. Alcoholics
1. Place alcoholics in quarters separate
from other inmates and maintain close
supervision to guard against suicide
attempts;
2. Any symptoms of abnormal behavior
among inmates should be reported
immediately to the jail physician; and,
3. Exercise close supervision to guard
against the smuggling of liquor and other
intoxicating drinks or products containing
alcohol.
D. Mentally-ill
1. The mentally-ill should be under the close
supervision of a jail medical personnel;
2. Place the mentally-ill in separate cells and
special restraint rooms provided for
violent cases;
3. Exercise close supervision to guard
against suicide attempts or violent attacks
on others; and
4. The mentally-ill should be transferred as
soon as feasible to mental institutions for
property psychiatric treatment.
C. Sex Deviates
1. Homosexuals should be segregated
immediately to prevent them from
influencing other inmates or being
maltreated or abused by other inmates,
and,

2. Other sex deviates should be separated


from other inmates for close supervision
and control.
F. Suicidal Inmates
1. The suicidal inmate should be given
close and constant supervision;

2. Search their quarters and premises for


tools / materials that can be used for
suicide; and,

3. They should be subjected to frequent


strip searches.
G. The Handicapped, Age and Infirmed
1. These inmates should be housed
separately and closely supervised to
protect them from maltreatment or
abuse by other inmates; and,

2. Special treatment should be given to


these inmates who shall be required to
work in accordance with their physical
capabilities for their own upkeep and to
maintain the sanitation of their quarters
and surroundings.
I. Non-Philippine Citizen Inmates
1. The Warden shall report in writing to
the Bureau of Immigration and the
respective embassies of the detained
foreigners the following:
A. Name of Jail
B. Name of Foreigner
C. Nationality & number of her Alien Cert. or
Registration if any.
D. Age / Sex
E. Offense charged
F. Case Number

G. Court / Branch

H. Status Case

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