CORRECTIONAL ADMINISTRATION

Joey V. Dignomo, M.S.Crim

Learning objectives

After completing this module, the learners should be able to:

1. Explain the constitutional limitation on punishment and concept of punishment

2. Discuss the various juridical condition of penalty and Social Justification of Penalty
3. Explain the purpose and goal of penalty
4. Define correction, correctional management, penology, and punishment
5. Early form of punishment
6. Justification of punishment
7. Theories in Justification of Penalties

Introduction

Institutional corrections facilities include prisons and jails. Prisons are housing facilities that confine
convicted felons with sentences typically longer than a year. Jails are administered by local law enforcement
and hold offenders with shorter sentences usually for 1 year or less and those awaiting trial.

Prison is a facility in which inmates (or prisoners) are forcibly confined and denied a variety of

freedoms under the authority of the state. Prisons are most commonly used within a criminal justice system:
people charged with crimes may be imprisoned until their trial; those pleading or being found guilty of
crimes at trial may be sentenced to a specified period of imprisonment. In simplest terms, a prison can also
be described as a building in which people are legally held as a punishment for a crime they have committed.

Prisons can also be used as a tool of political repression by authoritarian regimes. Their perceived

opponents may be imprisoned for political crimes, often without trial or other legal due process; this use is
illegal under most forms of international law governing fair administration of justice. In times of
war, prisoners of war or detainees may be detained in military prisons or prisoner of war camps, and large
groups of civilians might be imprisoned in internment camps

Constitutional Limitations on Punishment

1987 Philippine Constitution, Art. III Sec. 19 (1) Excessive fines shall not be imposed, nor cruel, degrading
or inhuman punishment inflicted. Neither shall death penalty be imposed, unless, for compelling reasons
involving heinous crimes, the Congress hereafter provides for it. Any death penalty already imposed shall be
reduced to reclusion perpetua.

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

Juridical Conditions of Penalty

1. The penalty must be productive of suffering without affecting the integrity of the human personality.

2.The penalty must be commensurate with the offense, that different crimes must be punished with different
penalties.

3. The penalty must be personal in that no one should be punished for the crime of another.

4.The penalty must be legal, that it is the consequence of a judgment according to law.

5.The penalty must be certain, that no one may escape its effects.

6. The penalty must be equal for all.

7.The penalty must be correctional.

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Social Justification of Penalty

Prevention – the state must punish the criminal to prevent or suppress the danger to the state arising from the
criminal acts of the offender.

Self-defense – the state has a right to punish the criminal as a measure of self-defense so as to protect society
from the threat and wrong inflicted by the criminal.

Reformation – the object of punishment in criminal cases is to correct and reform the offender.

Exemplarity – the criminal is punished by the state as an act to deter others from committing crimes.

Justice – that crime must be punished by the state as an act of retributive justice, a vindication of absolute
right and moral violated by the criminal.

Purpose of Penalty

Retribution or Expiation – the penalty is commensurate with the gravity of the offense as a matter of
payment for the damage done.

Correction or Reformation – as shown by the rules which regulates the execution of the penalties consisting
in deprivation of liberty, thereby giving chance for his reformation.

Social Defense – as shown by its inflexible severity to recidivist and habitual delinquents. Society must
provide the welfare of the people against any disorder in the community.

Goals of Sentencing

Retribution -is the act of taking revenge upon a criminal perpetrator.

Incapacitation - is the use of imprisonment or other means to reduce the likelihood that an offender will be
capable of committing future offenses.

Deterrence - is a means, which seeks to prevent others from committing crimes or repeating criminality.

Rehabilitation - is the attempt to reform a criminal offender, the state in which a reformed offender is said to
be rehabilitated.

Restoration - a goal of which attempts to make the victim whole again.

CORRECTION
 it undertakes the reformation and rehabilitation of offenders for their eventual absorption into the social and
economic streams of the community, through institutional and non-institutional or community-based
treatment programs.
 a branch of the Criminal Justice System concerned with the custody, supervision and rehabilitation of criminal
offenders.

CORRECTIONAL ADMINISTRATION
 the study and practice of a systematic management of jails or prisons and other institutions concerned with the
custody, treatment, and rehabilitation of criminal offenders
 also synonymous with Penal/Jail Management, which defined as the manner or practice of managing or
controlling places of confinement as in jails or prisons

PENOLOGY
 from the Latin “poena”; Greek “poine” means "punishment" and the Greek suffix - logia, "study of“.
 A division of criminology that deals with prison management and the treatment of offenders and with the
philosophy and practice of various societies in their attempts to repress criminal activities, and satisfy public
opinion via an appropriate treatment regime for persons convicted of criminal offences.
 It is also known as Penal Science
 It is the study of punishment for crime or of criminal.

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PUNISHMENT
 the authoritative imposition of an undesirable or unpleasant outcome upon a group or individual, in response to
a particular action or behavior that is deemed unacceptable or threatening to some norm.
 the redress (reparation) that the state takes against an offending member of society that usually involves pain
and suffering. 
 the penalty imposed on an offender for a crime or wrongdoing.

Ancient Forms of Punishment

1. Death Penalty
 effected by burning, beheading, hanging, breaking on the wheels and other forms of medieval executions.
a) Instant Death – hanging, beheading, and garroting were the most common means of merciful death.
b) Lingering Death – a slow death, often preceded by torture. Offenders who were to be hanged
sometimes had their arms and legs broken first; others were whipped or burned.

2. Physical Torture
 effected by maiming/ mutilation, flogging/whipping and other inhumane or barbaric forms of inflicting pain. 
a) Iron Maiden was a hollow form shaped like a human and made of an iron braced with iron strips used
in torturing suspect to admit the crime he committed. In this process, the more he denied, the more he
will sacrifice to death;
b) Shot drill - a form of punishment inflicted to prisoners by carrying heavy loads from one place to
another and then returned to the same place over and over again every day.
c) Treadmill - a form of punishment where the prisoner was continually made to constantly climb the
stairs;
d) American Siberia - prisoners were subjected to a sweat box, in which prisoners were put in a steel box
under the heat of the sun.

3. Public Humiliation
 putting the offender into shame.
a) Stocks held a prisoner in a sitting position, with feet and hands locked in a frame.   
b) Pillory was made to stand with his or her head and hands locked in place, prisoners   were frequently
pelted with eggs and rotten fruit.
c) Furca, a V-shaped yolk worn around the neck and where the outstretched arms of the convict were
tied.

4. Banishment or Exile
 the sending or putting away of an offender which was carried out either by prohibition against coming into a
specified territory such as an island to where the offender has been removed.
 Act of compelling a person to leave the country in which he resides and of which, usually, he is a citizen.
5. Branding
 Criminals were branded with a mark or letter signifying their crimes. 
 Brands, which were often placed on the forehead or another part of the face, served to warn others of an
offender’s criminal history.

6. Transportation
 relocation of criminals to one of the colonies.

7. Slavery
 The denial of the natural right of a person to do as he pleases and it consisted in the subjection of an individual
to the ownership of another

8. Imprisonment
 Early used of prison was also observed, like –
a) Underground Cistern, used to detain offenders undergoing trial in some cases and to hold sentenced
offenders where they were starved to death;
b) Ergastulum, used to confine slaves where they were attached to workbenches and forced to do hard
labor in the period of their imprisonment.
c) Gaols, are poorly constructed, unsanitary dump, airless, gloomy dungeons, foul smelling places of
detention in England in the  early eighteenth century. In this place, the inmates are poorly clothed,
without privacy, and the conditions so deplorable that diseases thrive
d) Prison Hulks, a prison hulk was a hulk used as a floating prison. This was known as “floating hells.”;
Old sailing ships (usually warship) that are no longer used for sea voyages or naval operations, but are
anchored in some English port, where they were used as a prisons or places of confinement of
convicted criminals.
e) Galleys, are long, low, narrow, single decked ships propelled by sails, usually rowed by criminals
when they are meted a sentence of transportation and sent to other territories and continents; a type of
ship used for transportation of criminals in the 16th century; Also known as “floating hells”
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f) Sing Sing Prisons, it was build by ELAN LYRD in 1825. It the real prison model where strict silence
was enforced among the inmates that even the movement of their lips would result them to being
beaten and flogged; Became famous in the world because of the Sing Sing bath which was inflicted
aside from the floggings, denial of reading materials and solitary confinement.  The shower bath was a
gadget so constructed as to drop a volume of water on the head of a locked naked offender.  The force
of icy cold water hitting the head of the offender caused so much pain and extreme shock that
prisoners immediately sank into coma due to the shock and hypothermia or sudden drop in body
temperature.
g) First House of Correction – Bridewell (1552), England obtain its first house of corrections about the
year 1552, when the authorities of London, England, selected what had began a place in St. Bridget’s
Well (later called Bridewell) for locking up, employing, and whipping beggars, prostitutes and night
walkers of all sorts.

Justification of Punishment

1. Retribution
 Sometime termed as Retaliation.
 The offender should “pay back” society for the harm he /she has done
 “Let the punishment fit the crime”, which is the principle that the severity of penalty for a misdeed or
wrongdoing should be reasonable and proportionate to the severity of the infraction.
2. Expiation or Atonement
 Punishment in the form of group vengeance where the purpose is to appease the offended public or group. 
3. Deterrence
 punishment gives lesson to the offender by showing to others what would happen to them if they violate the
law.
 This is based on the idea that punishment of an individual offender will deter him from committing the same
or other offenses in the future (specific deterrence) and will convince others that “crime does not pay” (general
deterrence).
4. Incapacitation and Protection
 punishment is effected by placing offenders in prison so that society will be secured from their further criminal
activities.
5. Reformation or Rehabilitation
 the establishment of the usefulness and responsibility of the offender to renew him as a law – abiding citizen
and productive member of the society upon his release

Theories in Justification of Penalties

1. Prevention
 the state must punish the criminal to prevent or suppress the danger to the state arising from the criminal acts
of the offender.
2. Self Defense
 the state has the right to punish the criminal as a measure of self – defense so as to protect society from the
threat and wrong inflicted by the criminal.
3. Reformation
 the object of punishment in criminal cases is to correct and reform the offender
4. Exemplarity
 the criminal is punished to serve as an example to deter others from committing crimes.
5. Justice
 the criminals must be punished by the state as an act of retributive, a vindication of absolute right and moral
law violated by the criminal.

THE AGE OF ENLIGHTENMENT 

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

The Golden Age of Penology

 The period from 1870 to 1880 was considered the golden age of penology because of the following significant
events:
a) The National Prisons Association in 1870 was organized in Cincinnati , Ohio ;
b) The first international prison congress was held in 1872 at London which established the international
penal and penitentiary commission and in 1875, its headquarters was established at Hague, the
Netherlands ;
c) The Elmira Reformatory was established in New York in 1876. 
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d) The first separate institutions for women were established in Indiana and Massachusetts.

Pioneers of Reformation:

Aristotle – (400 BC)

 an Athenian who first attempted to explain crime in his book “Nicomedian Ethics”.
 in this book, he wrote about corrective justice, stating that punishment is a means of restoring the balance
between pleasure and pain.
 he also explained the concept of restitution when he postulated that corrective justice is a means whereby the
suffering of the victim is compensated
William Penn (1614 – 1718)
 the Quaker leader of Pennsylvania passed in 1682, the “Great  Law”, embodying the comparatively humane
Quaker criminal code.
 Brought the concept of humanitarian treatment of offenders
 Forbid torture and the capricious use of mutilation and physical punishment
Charles Montesquieu (1689 – 1755)
 A founder of political science
 he is a French historian and philosopher who analyzed law as an expression of justice.
 His philosophy centered on the social contract whereby free independent individuals agree to form a
community and to give a portion of their individual freedom to benefit the security of the group.
 He also criticized inhumane punishment and argued that punishment should fit the crime
Voltaire (1694 – 1778)
 also known Francois Marie Arouet
 he was the most versatile of all philosophers during the period. 
 he believes that fear of shame was a deterrent to crime. 
 he fought the legality-sanctioned practice of torture.
John Howard (1725 – 1790), England
 he was sheriff of Bedfordshire in 1773 who devoted his life and fortune to prison reform
 “father of prison reform”
 he was the person responsible in presenting the terrible and harsh conditions of English Gaols to the authorities
 he was the first who advocated the establishment of a penitentiary
 Coined the term “penitentiary”
 after his findings on English Prisons, he recommended the following:
a) single cells for sleeping,
b) segregation of women,
c) segregation of youth,
d) provision of sanitation facilities,
e) abolition of fee system by which jailers obtained money from prisoners
 he was the greatest penal reformer
Sir William Blackstone
 he authored the Penitentiary Act of 1779, based on the published work of John Howard with respect  to prison
reforms.  This was the first law for the creation of penitentiary houses 
Jeremy Bentham (1748 – 1832)
 the greatest leader in the reform of English Criminal Law.
 he believes that whatever punishment designed to negate whatever pleasure or gain the criminal derives from
crime, the crime rate would go down. 
 the one who designed the “PANOPTICON Model”, a prison that consists a large circular building containing
multi – cells around the periphery.
Panopticon - Or inspection prison house
 A building plan made by “Jeremy Bentham”
 A tank like structure, covered by a glass roof. The cells were to be arranged around a central
apartment from which the custodians could keep all cells under close observation
 Adopted by Jacques Villain in 1771 and applied it to the Prison of Ghent in Belgium
Cesare Beccaria (1738 – 1794)
 In his book, “On Crimes and Punishment”, gave one of the first breakthrough in the laying of the foundations
of criminal science.
 He believed that the only justification of legal punishment was the protection of the society by prevention of
crime and that the principle of uniform maximum severity, particularly by capital punishment, was wrong and
ineffective.
 Concluded that in order that “punishment may never be an act of violence committed by one or many against a
private citizen, it is essential that it be public, speedy and necessary, as little as the circumstances will allow,
proportionate to the crime and established by law”.
Jacques Vilain
 He established the Prison of Ghent in the city of Ghent , Belgium in 1771. 
 In this house of correction, the prisoners were more systematically classified; women and children were kept
in separate cells and the inmates were taught useful trades.
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 He is considered the FATHER OF PENITENTIARY SCIENCE.
Manuel Montesinos
 The Director of Prisons in Valencia Spain (1835) who divided the number of prisoners into companies and
appointed certain prisoners as petty officers in charge, which allowed good behavior to prepare the convict for
gradual release.
Alexander Maconochie
 he is the Superintendent of the penal colony at Norfolk Island in Australia (1840)
 who introduced the “Mark System”.
Maconochie’s Mark System
 Introduced by Capt. Alexander Maconochie of the English Royal Navy after being appointed to the
Norfolk Island Penal Colony in 1840
 A system in which a prisoner is required to earn a number of marks based on proper deportment, labor
and study in order to entitle him for a ticket for leave or conditional release which is similar to parole.
 Fundamental principle of this system was based on the substitution of a specific task for the customary
time sentence. So instead of requiring the convicts to serve a fixed term, Maconochie gave them an
opportunity to reduce their sentences. Each prisoner upon arrival at the Norfolk Island was debited
with a number of marks proportional to the seriousness of his offense.
Walter Crofton
 He is the Director of the Irish Prison in 1854
 who introduced the Irish System that was modified from the Maconochie’s Mark system, which later called
the “progressive human system”
The Irish System
 The stages:
a) First, the prisoner must serve twelve months of solitary confinement
b) Second, work in association with other convicts, chiefly on outdoor or public works
c) Third, conditional release for a period of remission earned by hard work and good conducts
which was always liable for revocation
d) Crofton added a FOURTH, which was known as INTERMEDIATE PRISON, in this stage,
which was never less than six months, the prisoners lived in comparative freedom under the
supervision of a few armed guards. They worked together and were housed in unlocked
portable house/huts

Zebulon Brockway
 Believed that the reformation of prison inmates could be more successful through education and retraining
than through punishment and repression
 The first Director of Elmira Reformatory in New York (1876)
 Developed education as the institution’s keystone

Elmira Reformatory
 Built in 1876 in Elmira, New York, was considered as based on the idea of Brockway’s new concept of
a correctional institution.
 The Elmira Reformatory is considered forerunner of modern penology because it had all the elements
of a modern system with certain innovational programs like the following: training school type,
compulsory education of prisoners, social casework, and extensive use of parole.
 Elmira Correctional Facility, also known as "The Hill“
 By 1930, it was referred to generally as a “Junior Prison” wherein it became the prototype institution
conceived as a remedy for youthful offenders.

Sir Evelyn Ruggles Brise

 The Director of the English Prison who opened the Borstal Institution for young offenders.
 After visiting Elmira Reformatory in 1897, he established the Borstal Institution at England and is considered
as the best reform institution for young offenders which was based entirely on individualized treatment, both in
the institution and during the period of aftercare

New York House of Refuge

 the first juvenile reformatory which was opened in January 1825 and located in New York City;
 its purpose was to protect children from degrading association with hardened criminals in the country and state
prison. Boston, founded its house of refuge in 1826 and Philadelphia in 1828. New Orleans erected its
Municipal Boys’ Reformatory in 1845 and Massachussettes in 1847.

Frederic – Auguste Demetz of France

 A person who established an agricultural colony for delinquent boys in 1839. The boys were housed in cottage
with housefathers as in charge. The system was based on re-education rather than force. When discharged, the
boys were placed under the supervision of a patron.

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The First English Prison
 due to the effort and revelations of the terrible conditions of English gaols crusader, John Howard and the new
theories, the construction of the Milbank Penitentiary was started in 1812, and was finished in 1821 as the
first English Prison. 
 Was a huge, gloomy and many towered prison, which looked like a thick – spoke wheel, containing three miles
of corridors and hundreds of cells

The Two Rival Prison Systems in the History of Correction

1. Auburn Prison
 Enforced a system called “congregate system”, wherein the prisoners are confined in their own cells during the
night and congregate work in shops during the day
 Complete silent was enforced. 
2. Pennsylvania Prison
 Enforced a system called “solitary system”, wherein prisoners are confined in single cells day and night where
they lived, slept, ate and receive religious instructions.
 complete silence was also enforced
 they are required to read the Bible

The Walnut State Prison

 The first prison in the United State was the Walnut Street Jail in Philadelphia, which was converted into a state
prison by virtue state laws approved from 1789 to 1794.
 It establishes the principle of solitary confinement by the construction of an additional building which houses
the worst type of prisoners in separate cells.

PHILIPPINE CORRECTIONAL SYSTEM

 Composed of the institutions in the government, civil society, and the business sector that are involved in the
confinement, correction, and restoration of person charged with or convicted of delinquent acts or crimes. The
public sector formulates sound policies and delivers direct correctional services; the civil society provides
support services, advocacy, and social mobilization; and the business sector offers opportunities for improved
efficiency and public sector exit options

Corrections
 The fourth pillar of the Philippine Criminal Justice System composed of two major and equally significant
components:
a) Institution – Based Corrections (Institutional Corrections)
b) Community – Based Corrections (Non – Institutional Corrections)

Two Systems-Based Approaches to Corrections:

1. Non – Institutional Approach (Community – Based Treatment)

 a convicted person is allowed to serve his sentence in the community (outside the prison)
2. Institutional – Based Approach
 a convicted person will serve his sentence in the institutional institution (inside the prison)

The Correctional System in the Philippines

 is composed of six agencies under three distinct and separate departments of the national government:

1. DEPARTMENT OF INTERIOR AND LOCAL GOVERNMENT

 under this are the Bureau of Jail Management and Penology (BJMP) which runs the city, municipal, and
district jails; and the provincial jails through their respective provincial governments.
2. DEPARTMENT OF SOCIAL WELFARE AND DEVELOPMENT
 under this is Juvenile and Justice Welfare Council which takes care of sentenced but suspended children in
conflict with the law.
3. DEPARTMENT OF JUSTICE
 under this are the Bureau of Corrections, Parole and Probation Administration and the Board of Pardons and
Parole which takes care of national prisoners.

Department of Justice (DOJ)

 Under the Department of Justice, the offices that are tasked to carry out the mission of corrections rest with:
a) Bureau of Corrections (BuCor),
b) Board of Pardons and Parole (BPP), and
c) Parole and Probations Administration (PPA).

Bureau of Corrections (BuCor)

 The principal task is the rehabilitation of national prisoners.
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Board of Pardon and Parole
 recommends to the President the prisoners who are qualified for the grant of executive clemency and also
grant parole to qualified prisoners.
Parole and Probation Administration
 It conducts post – sentence investigation of petitioners for probation as referred by the courts, as well as pre –
parole or pre – executive clemency investigation to determine the suitability of the offender to be reintegrated
in the community instead of serving their sentence inside an institution or prison.
 exercises general supervision over all parolees and probationers and promotes the correction and rehabilitation
of offenders outside the prison institutions.

Department of the Interior and Local Government (DILG)

 It manages inmates who are undergoing investigation, awaiting or undergoing trial, awaiting final judgment,
and those who are convicted by imprisonment of up to three years.
 Under this department are:
a) Bureau of Jail Management and Penology (BJMP),
b) Provincial Local Government Unit.
c) Philippine National Police (PNP)

Bureau of Jail Management and Penology

 take charge of all district, city and municipal Jails
Provincial Local Government Unit
 Operates the provincial jails
Philippine National Police
 It maintains detention facilities in its different police stations
Department of Social Welfare and Development (DSWD)
 operates Regional Rehabilitation Centers and assumes responsibility for the restorative part of the corrections
system by maintaining centers for the care and restoration of abused women and children who are in conflict
with the law.

GUIDE QUESTIONS

I- Identification

1. is a facility in which inmates (or prisoners) are forcibly confined and denied a variety of freedoms

under the authority of the state.
2. that no one should be punished for the crime of another.
3. that it is the consequence of a judgment according to law.
4. the state has a right to punish the criminal as a measure of self-defense so as to protect society
from the threat and wrong inflicted by the criminal.
5. the criminal is punished by the state as an act to deter others from committing crimes.
6. that crime must be punished by the state as an act of retributive justice, a vindication of absolute
right and moral violated by the criminal.
7. the penalty is commensurate with the gravity of the offense as a matter of payment for the
damage done
8. is a means, which seeks to prevent others from committing crimes or repeating criminality.
9. is that it is infliction of some sort of pain on the offender for violating the law.

10. the manner or practice of managing or controlling places of confinement as in jails or prisons

11. It is also known as Penal Science

12. a branch of the Criminal Justice System concerned with the custody, supervision and rehabilitation of
criminal offenders.

13. effected by maiming/ mutilation, flogging/whipping and other inhumane or barbaric forms of inflicting
pain.
14. Act of compelling a person to leave the country in which he resides and of which, usually, he is a citizen.
15. effected by burning, beheading, hanging, breaking on the wheels and other forms of medieval executions.
16. relocation of criminals to one of the colonies.
17. This was known as “floating hells.”

18. first house of corrections in London England about the year 1552
19. “father of prison reform”

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20. who introduced the “Mark System”.

II. Multiple Choice

1. “Poena” is a ________ terminology

a. Greek b. Latin c. French d. Italian
2. Considered as the weakest pillar of the Philippine Criminal Justice System
a. Law Enforcement b. Prosecution c. Court d. Correction
3. A terrorizing effect on the would be criminal and violators
a. Retribution b. Atonement c. Deterrence d. Incapacitation
4. Knows as the “floating hells”
a. galley b. canoe c. galleon d. hulk
5. This system the concept of “congregate confinement” where individual inmates is confined in their own cells
during night time and congregate in shops during the day –
a. Auburn System c. Contract System
b. Pennsylvania System d. Cottage System
6. Authored the “Nicomedian Ethics”
a. Aristotle b. William Penn c. Voltaire d. Manuel Montessimos
7. Responsible to cater the development of prisoners sentenced to two years of imprisonment –
a. Bureau of Jail Management and Penology c. Board of Pardons and Parole
b. Bureau of Corrections d. Parole and Probation Administration
8. Prisoners sentenced for 5 years imprisonment –
a. insular b. provincial c. city d. municipal
9. Authorized disciplinary punishment for inmates, except –
a. reprimand c. close confinement
b. cancellation of privileges d. solitary confinement
10. Privilege of the inmates include, except:
a. visitation c. to provide with meals
b. to read books d. to participate in livelihood training

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Chapter II

INSTITUTIONAL BASED CORRECTION

Learning objectives

After completing this module, the learners should be able to:

1. Identify the General Classes of Inmates, classification of prisoners, and types of detainees.
2. Different Penal Facilities that Operates Nationwide
3. Define what is prison and jail.
4. History of Correctional Institution of Bureau of Prison
5. Rank, Position and Title
6. PRISON FACILITIES (BUCOR)

Institution-based Correctional Practices

 Offenders found guilty and sentenced by the courts for confinement are categorized based on their length of
sentence into either a municipal, city, provincial or national prisoner and they will be sent accordingly to either
a municipal, city, provincial jails or national prison facilities based on these categorizations.       

Two(2) General Classes of Inmates:

1. Prisoner 2. Detainee

Prisoner
 An inmate who is convicted by final judgment.
Detainee
 An offender who is accused before a court of law or competent authority who is under preventive
imprisonment or temporarily confined in jail or prison while undergoing investigation or trial or awaiting final
judgment;

Four Classification of Prisoners:

1. Insular/national prisoners 3. City prisoners
2. Provincial prisoners 4. Municipal prisoners

Types of Detainees:
1. Undergoing investigation 3. Awaiting final judgment/sentencing
2. Undergoing trial

Insular/National prisoners
 those whose sentence is more than three years and are sent to the BUCOR. (3 years and one day to life
imprisonment/death)
Provincial prisoners
 those sentenced to six months and one day up to three years of imprisonment and sent to serve in the
Provincial jails having jurisdiction of their sentence.
Municipal prisoners
 those sentenced up to six months (1 day to 6 months) of imprisonment and will serve time at the jail of the
municipality where the offender is convicted.
City prisoners
 those who were convicted in city courts and sentenced to a maximum of three years will be sent to serve their
time in City jails and District jails in some clustered areas. (in effect, city jails are the same as a municipal and
provincial jail combined)

Different Penal Facilities that Operates Nationwide

1. Prisons and Penal Farms 3. Municipal, City, District Jails

2. Provincial Jails 4. Regional Rehabilitation Center for CICL

“Prison”
 Any correction facility managed by the BUCOR to safe-keep and rehabilitate the prisoner convicted by the
final judgment, whose sentence exceeds three (3) years, or who is sentenced to serve two (2) or more prison
terms and who aggregated sentences exceed three (3) years;
“Jail”

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 A detention or correctional facility managed by the BJMP or the local government unit mandated by law to
safe-keep and rehabilitate a prisoner who is under preventive of imprisonment or who is sentenced to not
more than three (3) years of imprisonment by order of a court of a law or competent authority;

Prisons and Penal Farms

 There are seven (7) correctional facilities located nationwide under the direct supervision and control of the
Bureau of Corrections, they are the following:
1) New Bilibid Prison (NBP) in Muntinlupa City
2) Correctional Institution for Women (CIW) in Mandaluyong City (the other one in Mindanao)
 There are five (5) Prisons and Penal Farms situated in the different provinces outside Metro Manila. These are
administered and managed by the Penal Superintendent:
3) Iwahig Prison and Penal Farm in Puerto Princesa City, Palawan;
4) Leyte Regional Prison in Abuyog Leyte;
5) Sablayan Prison and Penal Farm in Sablayan, Occidental Mindoro;
6) San Ramon Prison and Penal Farm in Zamboanga City (Zamboanga del Sur); and
7) Davao Prison and Penal Farm, in Panabo, Davao (Davao del Norte) 

Provincial Jails
 The Provincial Jail System was first established in 1910 under the American regime. 
 Each of the country’s provinces has a Provincial Jail to serve as penal facility for prisoners who are
categorized under the law as provincial prisoners and all types of detainees.
 For provinces whose jails are overcrowded, a sub – provincial jail was created
 Provincial Jails are under the supervision and control of Provincial Governments and headed by a Provincial
Jail Warden. 
 Although the Local Government Units, which include the Provincial Government, are under the supervision of
the Department of Interior and Local Government, the Provincial Jails operate independently and
autonomously from the Bureau of Jail Management and Penology.
 The Memorandum-Circular dated March 7, 1994 issued by the Secretary of Peace and Order of the
Department of Interior and Local Government regarding the Manual of Operations for Provincial Jails are
basically similar to the correctional procedures and practices of the BJMP. 
District, City and Municipal Jails
 The Bureau of Jail Management and Penology (BJMP) of the Department of Interior and Local
Government (DILG) is an agency tasked under the Corrections Pillar to supervise sentenced municipal, city
and district prisoners as well as detainees whose cases are still pending in court.
 The methodology of its supervision is closely patterned after that of the Bureau of Corrections.
Regional Rehabilitation Center for CICL
 These correctional facilities are maintained and operated by the Department of Social Welfare and
Development (DSWD).
 a 24-hour residential care facility managed by the Department of Social Welfare and Development (DSWD),
LGUs, licensed and/or accredited NGOs monitored by the DSWD, which provides care, treatment and
rehabilitation services for Children In Conflict with the Law (CICL).
 There are ten (10) rehabilitation centers for youth offenders; nine (9) of which are for boys while only one (1)
is for girls.
 Of the nine (9) centers for boys one is the National Training School for Boys which also happens to be the
largest RRCY. This is located in Sampaloc, Tanay, Rizal and it caters youth offenders coming Regions IV, V
and NCR.
 The only RRCY for girls is the National Training School for Girls located at Marillac Hills, Alabang, Metro
Manila.
The National Training School for Boys (NTSB)
 located in Barangay Sampaloc, Tanay Rizal
 a rehabilitation center for youth offenders, or Children in Conflict with the Law (CICL) , that
provides them with therapy, counseling, non-formal education and vocational skills training. 
 The vocational skills training program includes welding, automotive repair, practical
electronics, computer literacy, and agro-farming, which are conducted in the productivity
center.
National Training School for Girls
 Located in Marillac Hills, Alabang, Muntinlupa City, Metro Manila.
 is a rehabilitation center for girls aged 7 to 17 years old who are victims of abuse, exploitation,
human trafficking and in conflict with the law and have been turned over by the courts to the
Department of Social Welfare and Development (DSWD).
 Through the partnership of the different government agencies, private sector and generous
individuals, the temporary shelter provides quality formal elementary and secondary education
and proper counselling for the residents.
 The eight (8) 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;
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 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.
History of Correctional Institution of Bureau of Prison

Pre-Colonial and Spanish Regimes

 During the pre-colonial times, the informal prison system was community-based, as there were no national
penitentiaries to speak of.
 Natives who defied or violated the local laws were meted appropriate penalties by the local chieftains.
 Incarceration in the community was only meant to prevent the culprit from further harming the local residents.
 The formal prison system in the Philippines started only during the Spanish regime, where an organized
corrective service was made operational. Established in 1847 pursuant to Section 1708 of the Revised
Administrative Code and formally opened by Royal Decree in 1865, the Old Bilibid Prison was constructed as
the main penitentiary on Oroquieta Street, Manila and designed to house the prison population of the country.
 This Prison became known as the “Carcel y Presidio Correccional” and could accommodate 1,127 prisoners.
 The Carcel was designed to house 600 prisoners who were segregated according to class, sex and crime while
the Presidio could accommodate 527 prisoners.
 Plans for the construction of the prison were first published on September 12, 1859 but it was not until April
10, 1866 that the entire facility was completed.
 The prison occupied a quadrangular piece of land 180 meters long on each side, which was formerly a part of
the Mayhalique Estate in the heart of Manila.
 It housed a building for the offices and quarters of the prison warden, and 15 buildings or departments for
prisoners that were arranged in a radial way to form spokes.
 The central tower formed the hub. Under this tower was the chapel.
 There were four cell-houses for the isolated prisoners and four isolated buildings located on the four corners of
the walls, which served as kitchen, hospital and stores.
 The prison was divided in the middle by a thick wall. One-half of the enclosed space was assigned to Presidio
prisoners and the other half to Carcel prisoners.
 On August 21, 1869, the San Ramon Prison and Penal Farm in Zamboanga City was established to confine
Muslim rebels and recalcitrant political prisoners opposed to the Spanish rule.
 The facility, which faced the Jolo sea had Spanish-inspired dormitories and was originally set on a 1,414-
hectare sprawling estate.

The American and Commonwealth Government

 When the Americans took over in the 1900s, the Bureau of Prisons was created under the Reorganization Act
of 1407 dated November 1, 1905 as an agency under the Department of Commerce and Police.
 It also paved the way for the re-establishment of San Ramon Prison in 1907 which was destroyed during the
Spanish-American War. On January 1, 1915, the San Ramon Prison was placed under the auspices of the
Bureau of Prisons and started receiving prisoners from Mindanao.
 Before the reconstruction of San Ramon Prison, the Americans established in 1904 the Iuhit penal settlement
(now Iwahig Prison and Penal Farm) on a vast reservation of 28,072 hectares. It would reach a total land area
of 40,000 hectares in the late 1950s.
 Located on the westernmost part of the archipelago far from the main town to confine incorrigibles with little
hope of rehabilitation, the area was expanded to 41,007 hectares by virtue of Executive Order No. 67 issued by
Governor Newton Gilbert on October 15, 1912.
 Other penal colonies were established during the American regime. On November 27, 1929, the Correctional
Institution for Women (CIW) was created under Act No. 3579 to provide separate facilities for women
offenders while the Davao Penal Colony in Southern Mindanao was opened in 1932 under Act No. 3732.

Transfer of Bilibid Prison to Muntinlupa

 The increasing number of committals to the Old Bilibid Prison, the growing urbanization of Manila and the
constant lobbying by conservative groups prompted the government to plan and develop a new site for the
national penitentiary, which was to be on the outskirts of the urban center.
 Accordingly, Commonwealth Act No. 67 was enacted, appropriating one million (P1,000.000.00) pesos for the
construction of a new national prison in the southern suburb of Muntinlupa, Rizal in 1935.
 The old prison was transformed into a receiving center and a storage facility for farm produce from the
colonies.
 It was later abandoned and is now under the jurisdiction of the Public Estates Authority.
 On November 15, 1940, all inmates of the Old Bilibid Prison in Manila were transferred to the new site.

Developments after World War II

 Under Proclamation No. 72 issued on September 26, 1954, the Sablayan Prison and Penal Farm in Occidental
Mindoro was established.
 The Leyte Regional Prison followed suit under Proclamation No. 1101 issued on January 16, 1973.

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BUREAU OF CORRECTION (BuCor)
 When the Americans took over in the 1900s, the Bureau of Prisons was created under the Reorganization Act
of 1407 dated November 1, 1905 as an agency under the Department of Commerce and Police.
 Later, jurisdiction was assigned to the Department of Public Instruction, the predecessor of the Department of
Education.
 Finally, it nested under the wings of the Department of Justice to which it belongs till the present time.
 Under Executive Order No. 292, is the creation of Bureau of Corrections.
 On May 24, 2013, President Benigno S. Aquino III signed into law Republic Act No. 10575, otherwise known
as “The Bureau of Corrections Act of 2013”.

Organization and Key Positions

 The BuCor shall be headed by a Director who shall be assisted by three (3) Deputy Directors:
a) one (1) for administration,
b) one (1) for security and operations and
c) one (1) for reformation,
 all of whom shall be appointed by the President upon the recommendation of the Secretary of the DOJ:
 the Director and the Deputy Directors of the BuCor shall serve a tour of duty not to exceed six (6) years from
the date of appointment:
 in times of war or other national emergency declared by Congress, the President may extend such tour of duty.

Rank, Position and Title

1) The Head of the BuCor, with the rank of Undersecretary,

shall have the position and title of Director General of Corrections.
2) The second officers in command of the BuCor, with the rank of Assistant Secretary,
shall have the position and title of Deputy Directors of Corrections.
3) The third officer in command of the BuCor, with the rank of Chief Superintendent,
shall have the position and title of Corrections Chief Superintendent.
4) The fourth officer in command of the BuCor, with the rank of Senior Superintendent,
shall have the position and title of Corrections Senior Superintendent.
5) The fifth officer in command of the BuCor, with the rank of Superintendent,
shall have the position and title of Corrections Superintendent.

PRISON FACILITIES (BUCOR)

1) New Bilibid Prison

 The new institution had a capacity of 3,000 prisoners and it was officially named the New Bilibid Prison on
January 22, 1941.
 The prison reservation had an area of 587 hectares, part of which was arable.
 The prison compound proper had an area of 300 x 300 meters or a total of nine hectares. It was surrounded
by three layers of barbed wire.
 The NBP in Muntinlupa City is the main insular penitentiary designed to house the prison population of the
Philippines.
 It is the central office, from where the seat of administration and organizational power emanates.
 It is a regular prison housing 60% of the country's’ insular prisoners
 It houses the following Camps – the MAXIMUM Security Camp, MEDIUM Security Camp (Camp
Sampaguita), and the MINIMUM Security Camp (Bukang Liwayway).
 NBP offers various work and livelihood programs, education thru formal, non-formal and vocational to
inmates at these camps.
 It also housed the, “Inmate Reception & Diagnostic Center” (RDC in NBP). Also known as “Reception
and Education Center” situated inside the Sampaguita Camp. This was established by virtue of
Administrative Order # 11 by the Secretary of Justice in 1953. This is a separate institution which serve as a
place where scientific diagnostic study and analysis of the prisoner’s personal problem, criminal or non-
criminal background, as well as the possibilities of his rehabilitation by a team of experts, are studied,
evaluated and the program of activities he will follow when he is transferred to the prison institution he is
assigned in accordance with the classification he is classified – whether as maximum, medium or minimum
security prisoner.

2) Correctional Institution for Women

 On November 27, 1929, after a series of negotiations started by Prison Director Ramon Victorio, the Philippine
Legislature passed Republic Act No. 3579 into law establishing the CIW.
 On February 14, 1931, the women prisoners were transferred from the Old Bilibid Prison to the building in
Welfareville Compound, Nueve de Pebrero, Mandaluyong City
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 This penal institution for women was constructed on an 18-hectare piece of land.
 In 1934, the position of female Superintendent was created to superintend the operations of this penal facility.
 Today, the institution is run entirely by female personnel with the exception of the perimeter guards who are
male.
 Its old name, “Women’s Prison,” was changed to “Correctional Institution for Women.” This was in keeping
with emerging trends in penology, which emphasized correction rather than punishment.

Correctional Institution for Women in Mindanao (CIWM)

 It is the most recent facility organized in the Bureau of Corrections. 
 Located at Juan ACENAS Sub-Colony, in STO. Tomas, Davao del Norte & is now accepting female
inmates coming from all over the Mindanao region.
 The CIW Mindanao is a milestone project, the first facility to be established outside of Luzon after 70
years.
 It was only inaugurated in September 18, 2007, the second institution which branched out from the
first and only penal establishment dedicated in rehabilitating female offenders.  (The first, which was
founded in 1932 is the Correctional Institution for Women situated in Mandaluyong City, Metro
Manila). 
 It was during the incumbency of Secretary of Justice Agnes VST Devanadera when it was formally
opened.
 established through the initiative of the gender advocacy of the Women Network group (WOMYNET)
and other women organization in Davao City
Note: 
The CIWM is a satellite prison facility under the supervision and direction of Davao Prison and Penal
Farm administration pursuant to an administrative order issued by BuCor central office.

3) Davao Prison and Penal Farm

 Davao Penal Colony (DaPeCol) now known as the Davao Prison and Penal Farm was the first penal settlement
founded and organized under Filipino administration.
 The settlement, which originally had an area of approximately 30,000 hectares in the districts of Panabo and
Tagum, Davao del Norte, was formally established on January 21, 1932 by virtue of Act No. 3732.
 The colony is subdivided into three sub-colonies: the Panabo Sub-colony, the Kapalong Sub-colony, and the
Abaca Decorticating Plant.
 The Abaca Decorticating Plant takes charge of the production of abaca, which is the main industry of the
colony.
 The colony has also a settlement site, the “Tanglaw Settlement”, for released prisoners who no longer wish to
return to their homes but choose to remain in the colony as homesteaders.

4) Iwahig Prison and Penal Farm

 The Iuhit Penal Settlement now known as Iwahig Prison and Penal Farm, the largest operating institution
under the BuCor, was established on November 16, 1904 in Puerto Princesa City, province of Palawan in a
28,072 hectares of land on the order of Governor Forbes.
 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 and made as depository for the prisoners who
could not be accommodated at the Bilibid Prison.
 The institution had for its first Superintendent Lt. George Wolfe, a member of the U.S. expeditionary force,
who later became the first Prisons Director.
 The settlement was at first beset by outbreaks and attempted escapes on the part of the prisoners.
 But under the supervision of Col. John White of the Philippine Constabulary who became superintendent in
1906, the colony became a successful settlement.
 Through the Department’s efforts, the Philippine Commission passed Act No. 1723 in 1907 which defined the
status of the settlement as a penal institution.
 The land areas expanded to 40,000 hectares in the late 1950’s and expanded again to 41,007 hectares by virtue
of Executive Order No. 67 issued by Governor Newton Gilbert on October 15, 1912.
 Iwahig is subdivided into four zones or districts: Central sub-colony, where the headquarters and main
buildings of the colony are located and which has an area of 14,700 hectares; Sta. Lucia with 9,685 hectares;
Montible with 8,000 hectares and Inagawan sub-colony with 13,000 hectares.
 In 1955, Administrative Order No. 20 was promulgated by the President and implemented by the Secretary of
Justice and the Secretary of Agriculture and Natural Resources. This order allowed the distribution of colony
lands for cultivation by deserving colonists. Lots granted did not exceed six hectares.
 This penal institution is the shinning symbol of the prison system in the Philippines for it acquired for itself an
international recognition as the first and most successful open penal institution in the world.
 It was from this facility that the term “prison without walls” had its beginnings.

5) Sablayan Prison and Penal Farm

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 Sablayan Prison and Penal Farm located in Occidental Mindoro was established on September 27, 1954 under
Proclamation No. 72.
 The penal colony has a total land area of approximately 16,190 hectares.
 Three sub-colonies were later organized. One is a reservation which this day remains part of a protected
rainforest. Another is in a coastal area. The third was used by the national government as a relocation site for
refugees from the eruption of Mt. Pinatubo eruption in 1991.
 Aside from non-formal education offered by the penal colony, a work program in agro-industrial production is
also being catered to the inmates.
 Horticulture is the main line of production, private sectors participation is encourage thru joint ventures in rice
and corn areas and upland for other cash crops.

6) San Ramon Prison and Penal Farm

 According to historical accounts, the San Ramon Prison was established in San Ramon, Baranggay Talisayan,
Zamboanga City on August 21, 1870 through a royal decree promulgated in 1869. Established during the
tenure of Governor General Ramon Blanco, a Spanish captain in the royal army (whose the prison was named
after) as Colonia Penal de San Ramon, the facility was originally established for persons convicted of political
crimes.
 Considered the oldest penal facility in the country with an aggregate area of 1,524.6 hectares.
 The area occupied by the San Ramon Prison and Penal Farm was designated as part of the Zambo Ecozone
and Freeport pursuant to Proclamation No. 111 and 112 proclaiming the mountanious area of Upper Bonguiao
and Curuan as its relocation site.
 The Zamboanga City Economic Zone (Zambo Ecozone) created pursuant to R.A. No. 7903 dated July 25,
1994.

7) Leyte Regional Prison

 The LRP was created on January 16, 1973 under Proclamation No. 1101 in Abuyog, Leyte.

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Chapter III

COMMITMENT OF INMATES

Commitment
 means the entrusting of inmates for confinement to a Jail or Prison authorities by a competent court and
entities for investigation, trial and/or service of sentence.

The Court and entities authorized to commit a person to prison or jails:

1) Supreme Court
2) Court of Appeals
3) Sandiganbayan
4) Regional Trial Court
5) Metropolitan/Municipal Trial Court
6) Municipal Circuit Trial Court
7) Congress of the Philippines
8) All administrative bodies or persons authorized by the law

Requirements for Commitment:

1) Commitment order/mittimus 3) Complaint/Information

2) Medical certificate 4) Police booking sheet

Commitment order
 A written order of a court of law or any other competent authority committing a person to jail or prison for
confinement;
Mittimus
 A warrant issued by a court bearing its seal and signature of the judge, directing the jail or prison authorities to
receive inmates for custody or service of sentence imposed therein.

How is commitment, admission and classification is done?

a) Convicts committed to the BUCOR for confinement are brought for admission at the Reception and
Diagnostic Center (RDC).
b) The RDC at the New Bilibid Reservation in Muntinlupa will receive prisoners coming from all over the
country except those sentenced by courts having jurisdiction for the provinces of Zamboanga del Norte,
Zamboanga del Sur, Basilan, Sulu, and Tawi-Tawi who will be brought to the San Ramon Prison and Penal
Farm which also has an RDC facility inside the colony.
c) Inmates accepted by the RDC will be studied and classified, the purpose of which, is the formulation of an
individualized treatment programs designed to achieve the most successful rehabilitation.
d) Sentenced prisoners slapped with the death penalty are not eligible for admission and classification at the
RDC. The Supreme Court rings them directly to the Death Row where they will wait automatic review of their
case.
e) Female inmates for incarceration as national prisoners or those with more than three years maximum sentence
will be brought directly to the Correctional Institute for Women, Mandaluyong City, Metro Manila, and will
also undergo classification at the RDC facility there.

Admission of inmates:
 An inmate shall be admitted in the RDC of a prison upon presentation of the following documents:
1) Mittimus/Commitment Order of the court;
2) Information and Court decision in the case;
3) Certification of detention, if any; and
4) Certification that the case of the inmate is not on appeal.
 A female inmate shall be received only at the CIW

Procedures:
 Upon admission in the RDC, an inmate shall be placed in quarantine for at least five (5) days during which he
shall be:

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1) given physical examination to determine any physical illness or handicap or mental ailment and to
segregate those suspected of having an infectious or contagious disease. If found sick, the inmate shall
be immediately confined in the prison hospital;
2) oriented with prison rules; and
3) interviewed by counselor, social worker or other program staff officers. The interview shall be
conducted in private.
 After the quarantine period, the inmate shall remain in the RDC for a period not exceeding fifty five (55) days
where he shall undergo psychiatric, psychological, sociological, vocational, educational, religious and other
examinations.
 The result of said examinations shall be basis for the inmate’s individualized treatment program.
 Thereafter, he shall be assigned to a prison facility as may be recommended by the Chief of the RDC.
These are the:
1) New Bilibid Prison
 For those sentenced to death regardless of place of conviction.
 Also, for those from the New Capital Region, Regions I,II,III,IV, and V.
2) Sablayan Prison and Penal Farm (SPPF)
 From the Mindoro Province
3) Iwahig Prison and Penal Farm (IPPF)
 From the province of Palawan and Region IV-A
4) San Ramon Prison and Penal Farm (SRPPF)
 From ARMM and Region XII
5) Davao Prison and Penal Farm (DPPF)
 From CARAGA, Region IX,X and XI
6) Leyte Regional Prison (LRP)
 From Regions VI,VII,VIII
 Upon admission, the inmate will be issued two regulation uniform, two t – shirts, one pair of slippers, a
blanket, mat, pillow with case, mosquito net, and one set mess kit, but this depends on supply availability
 The inmate may bring his own clothes and other personal items essential for his well-being inside the facility
provided that the volume of his possessions he will bringing-in will not compromise safety and the situation of
his fellow inmates.
 Electrical equipment like television set, radio, cassette, video players, electric fans and the like may be allowed
to be brought in by the Chief of RDC as long as this will not be exclusively used by the owning inmate but
will be shared with others
 Unauthorized items brought by the inmate will be placed to the custody of the guard in – charge thereof
properly receipted to be returned upon release or disposed later at the inmates request or ordered condemned
by the Superintendent after two years.
 A Classification Board is tasked to classify inmate as to security status and for privilege entitlement.

CLASSIFICATION OF INMATES

Classification
 refers to assigning or grouping of inmates according to their sentence, gender, age, nationality, health, criminal
records, etc.
 a method by which diagnosis, treatment planning and execution of the treatment programs are coordinated in
the individual case study.
 It is a process of determining the needs and requirement of prisoners for assigning them to programs according
to their needs and existing resources.

The Classification Board shall have the following composition:

1) Chairman – Penal Superintendent,
2) Vice-Chairman – Chief, Reception and Diagnostic Center,
3) Member
a) Chief Overseer. Medical Officer,
b) Chief, Education Section,
c) Agro-Industries Section,
4) Secretary

The Classification Process is adopted to determine the work assignment, type of supervision and custody which will be
applied to the prisoners.

The Four separate but coordinated Procedures in Classification: 

1) Diagnosis 3) Execution of the Treatment Program
2) Treatment 4) Re-Classification

Diagnosis
– Prisoner’s case history is taken and his personality is being studied through examination and observations
Treatment Planning
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– The Center’s Staff will formulate a tentative treatment program which is best suited to the needs and interest
of  the prisoner as based on its findings.
Execution of the Treatment Program
– It consists in the application of the treatment program or policies of the Classification Committee.
Re-Classification
– The treatment program is kept current with the changing needs and with new analysis on the prisoner based on
any information not available at the time of the initial classification Committee Meeting about the prisoner’s
case and will continue from the time of First Classification up to his release.

The Classification Board will classify inmate as to security status, and as to entitlement to prison privileges:

Classification of inmates as to security status:

1) Maximum security
2) Medium security
3) Minimum security

Classification of inmates as to entitlement to privileges:

1) Detainee
2) Third class inmate
3) Second class inmate
4) First class inmate

Maximum Security Inmates

 are those sentenced to death,
 20 years minimum sentence,
 remand inmates or detainees with 20 years minimum sentence,
 sentence under review by the Supreme Court,
 sentence under appeal,
 those with pending cases,
 recidivists, habitual delinquents and escapees, those under disciplinary punishment or safekeeping, and
 those who are criminally insane or with severe personality or emotional disorders and are a danger to others.
 Inmates still confined at RDC are automatically categorized as maximum-security inmate.
 Building 14 (Considered the Super Maximum Compound of the Bureau of Correction) where incorrigible
prisoners from the maximum compound where being placed and separated for intense disciplinary approaches.

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 sentence,
 those who have 2 or more escape records but have served eight years since recommitment, and
 those with one record of escape but have served five years since recommitment, and
 those sentenced to life imprisonment who have served at least 5 years as maximum security and upon
recommendation of the Superintendent.

Minimum 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 have served at least ½ of their minimum sentence or 1/3 of their maximum sentence excluding
Good Conduct and Time Allowance (GCTA), and
 those with only 6 months to serve before expiration of maximum sentence.

Color of the Uniform of Inmates:

a) Maximum Security - Tangerine c) Minimum Security – Brown
b) Medium Security - Blue d) Detainee - Gray

Inmates classified as to entitlement to privileges:

1) Detainee/Detention Prisoner
2) Third Class Prisoner:
a) Previously committed for three or more times as a sentenced prisoner, provided that imprisonment of
non-payment of fine shall not be considered.
b) Those who has been reduced from a higher class of degree of custody.
3) Second Class Prisoner:
a) Any newly arrived prisoner;
b) A prisoner demoted from first class;
c) One promoted from the third class. 
4) First Class Prisoner:

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a) Whose known character and credit for work while in detention had earned assignment to this class
upon start of sentence;
b) One who had been promoted from the second class. 
5) Colonist or Trusty
a) Be at least a first class inmate and has served one (1) year immediately preceding the completion of
the period specified in the following qualifications;
b) one who has served 1/5 of his maximum sentence with good conduct, or seven (7) years in the case of
life sentence

A Colonist is entitled to the following privileges:

a) 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. 
b) Automatic reduction to 30 years if sentence is life imprisonment.
c) To bring his family or the woman he will marry to live with him.
d) Reasonable amount of clothing and ordinary household supplies from the government commissary as
special reward to deserving colonist; and
e) To wear civilian clothes on such special occasions as maybe designated by the Superintendent
f) Inmates who demonstrate good behavior shall be entitled to a 5-minute phone call to an authorized
individual every 90 days.  The call shall be monitored, and the caller shall properly identify himself as
an inmate.
g) An infant born to an inmate mother may be allowed to stay with the mother for not more than One (1)
year after which, if the mother fails to place the child in a home of her own, the Superintendent shall
make arrangements with the DSWD. 

Inmates who are spouses:

 Husband and wife inmates may be allowed to serve their sentence together in a prison and penal farm as soon
as both are classified as colonists.

Revocation of colonists status:

 The grant of colonists status may, for cause, be revoked anytime by the Superintendent with the approval of
the Director.

BUREAU OF JAIL MANAGEMENT & PENOLOGY (BJMP)

 Primarily, its clients are detainees accused before a court who are temporarily confined in such jails while
undergoing investigation, waiting final judgment and those who are serving sentence promulgated by the court
3 years and below.
 As provided for under R.A. No. 6975, the Jail Bureau is mandated to take operational and administrative
control over all city, district and municipal jails.
 The Bureau has four major areas of rehabilitation program, namely:
a) Livelihood Projects,
b) Educational and Vocational Training,
c) Recreation and Sports, and
d) Religious/ Spiritual Activities.

 These were continuously implemented to eliminate the offenders' pattern of criminal behaviour and to reform
them to become law-abiding and productive citizens.
 On January 2, 1991, the Bureau of Jail Management and Penology was created thru Republic Act 6975 as a
line Bureau under the Department of Interior and Local Government.
 The Jail Bureau is the upgraded version of its forerunner, the Office of Jail Management and Penology of the
defunct PC/INP last headed by Brig. Gen. Arsenio E. Concepcion.
 As mandated by law,  the  BJMP shall operate under the reorganized  Department of  the  Interior  and  Local
Government.
 Starting  from  scratch with  500 personnel in 1991 the BJMP weaned from its mother PC/INP as a mere
component,  to become a full-fledge bureau. 
 Director Charles S. Mondejar  took his oath of office on July 1 of 1991 as  the first Chief  of  the Bureau.  

Organization and Key Positions:

R.A. No. 9263

- An Act providing for the professionalization of the Bureau of Fire Protection and the Bureau of Jail
Management and Penology amending certain provision of R.A No. 6975. March 10, 2004.
R.A. No. 9592
- An Act extending for five (5) years the reglementary period for complying with the minimum educational
qualification and appropriate eligibility in the Bureau of Fire Protection (BFP) and the Bureau of Jail
Management and Penology (BJMP), amending for the purpose certain provision of Republic Act No. 9263,
otherwise known as the “Bureau of Fire Protection and Bureau of Jail Management and Penology
Professionalization Act of 2004" and for other purposes. May 8, 2009.
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 provides that the Bureau shall be headed by a Chief who is assisted by two (2) Deputy Chiefs, one (1) for
Administration and another for Operations, and one (1) Chief of Directorial Staff, all of whom are appointed
by the President upon the recommendation of the DILG Secretary from among the qualified officers with the
rank of at least Senior Superintendent in the BJMP.
 Organization and Key Positions
 The Chief of the BJMP carries the rank of Director and serves a tour of duty that must not exceed four (4)
years, unless extended by the President in times of war and other national emergencies.
 Officers who have retired or are within six (6) months from their compulsory retirement age are not qualified
to be appointed as Jail Director or designated as BJMP Chief.
 Organization and Key Positions

“Warden”
 The head of the district, municipal and city jails under the BJMP or of the provincial and sub-provincial jails
under the office of the Provincial Governor.

Requirement for Commitment

1) Commitment Order 3) Police Booking Sheet
2) Medical Certificate

INMATES CLASSIFICATION UNIT (ICU)

 is a unit that receive, study, classify the inmates committed to the jail and composed of trained Inmates Welfare
and Development Personnel (IWDP).
 It performed the following functions: (1) Admission and Registration; (2) Identification Process; (3) Body
Search and Property Receipting; (4) Quarantine; and (5) Assignment of Inmates.
 The procedures it undertakes are: systematic reception, identification and case studies; intake of the initial
interview; inmate assessment; inmate’s welfare and development plan; evaluation scheme; discharge and
follow-up care.

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:

1) The jail Desk Officer 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(s) that all law enforcement procedures,
including the verification for standing warrant/criminal record of the arrested person before physical presentation
in court, must have been undertaken prior to the inmate’s transfer/commitment to the jail. It is understood therefore
that other standing warrants must have been served when a person is admitted for jail custody.
2) 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.
3) 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.
4) The admitting jail officer takes all cash and other personal property from the inmate, lists them down on a receipt
form 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.
5) All cash and other valuables of the inmate must be turned over to the Property Custodian for safekeeping and
covered by official receipts.
6) The inmate is then fingerprinted and photographed.
7) The admitting jail officer accomplishes a jail booking report attaching thereto the inmate’s photograph for
reference.
8) 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.
9) The jail Medical personnel or the Local Health Officer immediately conducts a thorough medical examination of
the inmate.
10) 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.
11) 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.
12) Upon commitment, the inmate should be briefed or oriented on the jail rules and regulations by the Chief Custodial
Officer or the Officer of the Day prior to classification and segregation.

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13) 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.
14) The warden establishes and maintains a record of all inmates, consisting of information on the inmate’s name and
alias(es), 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 the case of a prisoner, 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 the date he/she
was received for confinement.
a) In the case of a detainee, the record shall indicate the Criminal case number in the 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.
15) Upon completion of the reception procedures, the detainee is assigned to his/her quarters.
16) The detainee should be issued all the materials that he/she will be using during his/her confinement, if such
materials are available.
17) 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. 6127 and further amended by R.A. No.
10592 regarding his/her preventive imprisonment.

“Preventive Imprisonment”
 is a temporary confinement in jail or prison while undergoing investigation or trial or awaiting final judgment;

Duty to Inform Detainees of the Credit for Preventive Imprisonment.

 It shall be the duty of the chief of the BJMP, Jail Warden or the Director of the BUCOR having custody the
detention prisoner to inform that the period of his preventive imprisonment shall be deducted from the
term of his imprisonment in accordance with Article 29 of the Revised Penal Code, as amended.

Who are Entitled?

 An accused who has undergone preventive imprisonment shall be credited, either full or four-fifths (4/5)
term, for his actual detention or service of his sentence, provided he is not disqualified under Article 29 of
the Revised Penal Code, as amended, and under the following section.

Who are Disqualified?

 The grant of credit of preventive imprisonment shall not apply to the following;
a) An accused who is recidivist as defined under Article 14 (9), Chapter 111, Book 1 of the
Revised Penal Code;
b) An accused who has been convicted previously twice or more times of any crime; and
c) An accused who, upon being summoned for the execution of his sentence, has failed to
surrender voluntarily before a court of law.

“Recidivist”
 A person who, at the time his trial for one crime, shall have been previously convicted by final
judgment of other crime embraced and the same title of the Revised Penal Code, as amended;

18) 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.

“Detainee’s Manifestation”
 A written declaration of a detained prisoner, with the assistant of a counsel, stating his voluntary
agreement to abide by the same disciplinary rules imposed upon a convicted prisoner for the purpose
of availing the full credit of the period of his preventive imprisonment;

Effect of Detainee’s Manifestation.

 An accused who has undergone preventive imprisonment shall be credited with the full time during
which he has undergone preventive imprisonment if;
a) He agrees voluntarily, in writing, to abide by the same disciplinary rules imposed upon
convicted prisoners; if
b) Such undertaking is executed with the assistance of the counsel.

19) If the inmate refuse to abide by the same disciplinary rules imposed upon convicted inmates, the Warden issues a
Certification under oath to the effect that the detainee was apprised of the provisions of Article 29 of the Revised
Penal Code, as amended.

“Detainee’s Waiver”

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 A written declaration of a detained prisoner, with the assistant of a counsel, stating his refusal to abide
by the same disciplinary rules imposed upon a prisoner convicted by final judgment and thus be
entitled to a credit of four-fifths (4/5) of the time during preventive imprisonment;

Effect of Detainee’s Waiver.

 An accused who has undergone preventive imprisonment and who does not agree to abide by the same
disciplinary rules imposed upon prisoners convicted by final judgment shall be credited by the service
of his sentence with four-fifths (4/5) of the time during which he has undergone preventive
imprisonment if;
a) He shall do in writing
b) With the assistance of counsel.

Provisional Release while under Preventive Imprisonment

 Whenever an accused has undergone preventive imprisonment for a period equal to the imposable
maximum imprisonment of the offense charged to which he my be sentenced and his case is not yet
decided, he shall be released immediately without prejudice to the continuation of the trial thereof or
the proceeding on appeal, if the same is under review, except for the following:
a) Recidivist
b) Habitual Delinquent
c) Escapee
d) Person charged with heinous crimes
 If the maximum penalty to which the accused may be sentenced is destierro, he shall be released after
thirty (30) days of imprisonment.

“Destierro”
 A penalty in which a person shall not be permitted to enter the place or places designated in
the sentence, or within radius therein specified, which shall not be more than 250 and not less
than 25 kilometer from place designated;
 The computation of preventive imprisonment for purposes of immediate release shall be the actual
period of detention with good conduct time allowance; provided, however, that if the accused is absent
without motu propio order the re-arrest of the accused.

GCTA of an Accused Qualified for CPI.

 An accused who is qualified for Credit for Preventive Imprisonment shall also be qualified to avail the
benefit of 5 good conduct time allowance provided for under Article 97 of the Revised Penal Code, as
amended, and pursuant to the procedures laid down in Rules

Deduction for Credit for Preventive Imprisonment when Impossible Penalty is Reclusion Perpetua.
 Credit for preventive imprisonment for the penalty of reclusion perpetua shall be deducted from thirty
(30) years.

20) 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.
a) 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.

Identification/Simple Recall

1. Any correction facility managed by the BUCOR to safe-keep and rehabilitate the prisoner convicted by the
final judgment, whose sentence exceeds three (3) years, or who is sentenced to serve two (2) or more prison
terms and who aggregated sentences exceed three (3) years;
2. A detention or correctional facility managed by the BJMP or the local government unit mandated by law to
safe-keep and rehabilitate a prisoner who is under preventive of imprisonment or who is sentenced to not more
than three (3) years of imprisonment by order of a court of a law or competent authority;
3. Jails are under the supervision and control of Provincial Governments and headed by a Provincial Jail Warden. 
4. is an agency tasked under the Corrections Pillar to supervise sentenced municipal, city and district prisoners as
well as detainees whose cases are still pending in court.
5. a 24-hour residential care facility that provides care, treatment and rehabilitation services for Children in
Conflict with the Law (CICL).
6. known as “The Bureau of Corrections Act of 2013”.
7. Considered the oldest penal facility in the country with an aggregate area of 1,524.6 hectares.
8. means the entrusting of inmates for confinement to a Jail or Prison authorities by a competent court and
entities for investigation, trial and/or service of sentence.

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9. A warrant issued by a court bearing its seal and signature of the judge, directing the jail or prison authorities to
receive inmates for custody or service of sentence imposed therein.
10. A written order of a court of law or any other competent authority committing a person to jail or prison for
confinement.
11. refers to assigning or grouping of inmates according to their sentence, gender, age, nationality, health, criminal
records, etc.
12. the agency of the government that was created thru Republic Act 6975 as a line Bureau under the Department
of Interior and Local Government, Primarily, its clients are detainees accused before a court who are
temporarily confined in such jails while undergoing investigation, waiting final judgment and those who are
serving sentence promulgated by the court 3 years and below.
13. An Act providing for the professionalization of the Bureau of Fire Protection and the Bureau of Jail
Management and Penology amending certain provision of R.A No. 6975. March 10, 2004.
14. The head of the district, municipal and city jails under the BJMP or of the provincial and sub-provincial jails
under the office of the Provincial Governor.
15. is a temporary confinement in jail or prison while undergoing investigation or trial or awaiting final judgment
16. A penalty in which a person shall not be permitted to enter the place or places designated in the sentence, or
within radius therein specified, which shall not be more than 250 and not less than 25 kilometer from place
designated;
17. A written declaration of a detained prisoner, with the assistant of a counsel, stating his voluntary agreement to
abide by the same disciplinary rules imposed upon a convicted prisoner for the purpose of availing the full
credit of the period of his preventive imprisonment;
18. A person who, at the time his trial for one crime, shall have been previously convicted by final judgment of
other crime embraced and the same title of the Revised Penal Code, as amended;
19. is a temporary confinement in jail or prison while undergoing investigation or trial or awaiting final judgment;
20. The treatment program is kept current with the changing needs and with new analysis on the prisoner based on
any information not available at the time of the initial classification Committee Meeting about the prisoner’s
case and will continue from the time of First Classification up to his release.

Discussion: Explain briefly

1. In your own understanding distinguish between jail and prison

2. Differentiate between commitment order and mittimus order

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Chapter IV

CLASSIFICATION PROCEDURES

Classification Board:
a) Chairman – Deputy Warden
b) Member – Chief, Custodial/Security Officer
Member – Medical Officer/Public Health Officer
Member – Jail Chaplain
Member – Inmates Welfare and Development Officer

Duties and functions of the Classification Board:

1) 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.
2) The investigation shall focus on:
a) Facts and data of the present case;
b) Earlier criminal history and if he/she is recidivist or habitual delinquent
c) Biography or life history;
d) Medical history;
e) Vocational, recreational, educational and religious background/interests; &
f) Psychological characteristics as evaluated by 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 is 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.

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:
a) Chairman – Deputy Warden
b) 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.

Duties and functions of the Disciplinary Board:

1) The Board is tasked to investigate the facts of an alleged misconduct referred to it.
2) It shall hold sessions as often as necessary in a room which may be provided for the purpose.
3) All cases referred to it shall be heard and decided within forty-eight (48) hours from the date of receipt of the case.

Authorized disciplinary punishment for inmates:

The Board is authorized to impose any of the following disciplinary punishments:
1) Reprimand
2) Temporary or permanent cancellation of some privileges;
3) Cancellation of visiting privileges;
4) Extra-fatigue duty for sentenced inmates;
5) Close 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
6) Transfer to another BJMP jail in the area, in coordination with the Court.

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7) 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.

Limitations on disciplinary punishment for inmates:

The Disciplinary Board shall consider the following limitations when imposing disciplinary punishment:
1) No pregnant inmate or one who breastfeeds a baby shall be subjected to any disciplinary punishment.
2) No infirmed or handicapped inmate shall be meted out punishment which might affect his/her health or
physical well-being.
3) Corporal punishment, confinement in dark or inadequately ventilated cells and any form of cruel, unusual,
inhuman, or degrading punishment are absolutely prohibited.
4) 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.
5) 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.
6) Instruments of restraint, such as handcuffs, leg irons and straitjackets are not to be applied as a 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.
7) Breaches of discipline shall be handled objectively and decisions shall be executed firmly and justly.
8) As a general rule, every violation of discipline shall be dealt with accordingly. In extreme cases 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.

Punishable Acts

A. Minor Offenses
1) Selling or bartering with fellow inmate(s) those items not classified as contraband;
2) Rendering personal service to fellow inmate(s);
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 reasons; 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 BJMP 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 his/her for the purpose of circumventing
jail rules;
11) Loitering or being in an unauthorized 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 or 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 himself/herself or other inmates;
8) Receiving, keeping, taking or drinking liquor and prohibited drugs;
9) Making, improvising, or keeping any kind of deadly weapon;
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10) Concealing or withholding information on plans of attempted escapes;
11) Unruly conduct and flagrant disregard of 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 himself/herself or others and/or allowing himself/herself to be the
subject of 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 court by the inmates in a jail/prison;
20) Affiliating with any gang or fraction 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 in 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

DIVERSIFICATION in prison:

Diversification
 is an administrative device of correctional institutions of providing varied and flexible types of physical plants
for more effective custody, security and control of the treatment programs of its diversified population.
 It also refers to the principle of separating homogenous type of prisoners that requires special treatment and
custody. Separation can be done through proper classification of inmates. It can be done either building special
institution for different classes of prisoners through proper segregation of inmates that is big institution can be
broken into smaller units.
 This aims to prevent prisoners from moral and physical contamination of one group by another, more effective
execution of treatment programs and prevent unnecessary custodial risks.

Treatment of Inmates with Special Needs:

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.

INMATES WITH SPECIAL NEEDS are:

1) Female 5) Sex Deviates
2) Drug Users/Dependents/Addicts 6) Suicidal Inmates
3) Alcoholic 7) Handicapped, Aged, Infirmed
4) Mentally – ill 8) Non – Philippines Citizen Inmates

Female
 The female quarters should be fully separated from the male quarters;
 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;
 No male inmate shall be allowed to enter the female quarters; and,
 Only work suitable to their age and physical condition should be assigned to female inmates.

Drug Users/Dependents/Addicts
 Inmates found to be drug users/dependents/addicts should be segregated from other inmates, especially during
the withdrawal period;
 Maintain close supervision of inmates to prevent attempts to commit suicide and self-mutilation;
 Only a qualified physician shall prescribe sedatives/stimulants deemed necessary for the inmate’s treatment;
 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,
 Conduct a regular search of the inmate’s quarters and maintain constant alertness to prevent the smuggling of
narcotics and other dangerous drugs.
Alcoholics

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 Place alcoholics in quarters separate from other inmates and maintain close supervision to guard against
suicide attempts;
 Any symptoms of abnormal behavior among inmates should be reported immediately to the jail physician; and
 Exercise close supervision to guard against the smuggling of liquor and other intoxicating drinks or products
containing alcohol.
Mentally-ill
 The mentally-ill should be under the close supervision of a jail medical personnel;
 Place the mentally-ill in separate cells and special restraint rooms provided for violent cases;
 Exercise close supervision to guard against suicide attempts or violent attacks on others; and
 The mentally-ill should be transferred as soon as feasible to mental institutions for proper psychiatric
treatment.
Sex Deviates
 Homosexuals should be segregated immediately to prevent them from influencing other inmates or being
maltreated or abused by other inmates; and’
 Other sex deviates should be separated from other inmates for close supervision and control.
Suicidal Inmates
 The suicidal inmate should be given close and constant supervision;
 Search their quarters and premises for tools/materials that can be used for suicide; and
 They should be subjected to frequent strip searches.
The Handicapped, Aged and Infirmed
 These inmates should be housed separately and closely supervised to protect them from maltreatment or abuse
by other inmates; and
 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.
Non-Philippine Citizen Inmates
 The Warden shall report to the Bureau of Immigration and the respective embassies of the detained foreigners
the following:
a) Name of Jail e) Offense Charged
b) Name of Foreigner f) Case Number
c) Nationality and the number of his/her g) Court/Branch
Alien Certificate h) Status of Case
d) Age/Sex

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Chapter IV

PRISON CUSTODY, SECURITY, AND DISCIPLINE

Concept of Custody and Security

One of the important phases of prison management is the custody and control of prisoners. The
rehabilitation program in prison cannot be carried out if prisoners are not effectively controlled. The primary
objective of the prison program is security but it is not the ultimate goal. The rehabilitation of prisoners,
which is the ultimate goal of imprisonment, can be attained if the necessary structure, personnel and
methods, which provide for security, are present. Security aims at the prevention of escapes, and control of
contraband and maintenance of good order. These objectives can be realized if custodial facilities including
buildings and equipment, walls, towers, gates, personnel and methods relating to escapes, contraband and
good order are given proper attention.

Escapes of whatever nature alarm the public. Some escapes are of the nature of "walk away" like the
absconding of minimum-security prisoners from their place of work or residential assignments outside the
walls. Surely this type of escape cannot be as alarming as when the prisoner actually makes a break from his
armed guard.

Contraband is anything found in the possession of the prisoner contrary to rules and regulations. What
constitutes contraband in one institution may not be contraband in another institution. Therefore, in view of
the non-uniformity of the definition of contraband, every institution should provide a rulebook where articles
declared as such are clearly listed.

Custody, Security and Control

The rehabilitation program of the institution cannot be carried out if prisoners riot or cause
disturbances. A well-rounded correctional program, having for its aim the rehabilitation of the prisoners must
be correlated with arid into a system of sound custody, security and control of prisoners. Some of the factors
considered essential in establishing sound custody, security and control of prisoners are the following:

An adequate system of classification of prisoners – Careful study, diagnosis and recommendations for
treatment documented into case histories give prison workers the knowledge they need to handle inmates.

Inspection of Security Facilities – Regular formalized inspections reinforced by constant observation of

physical plant; help assure its best use.

An Adequate System of Counting Inmates – There must be an adequate system of counting inmates to
make certain “all are present and accounted for” at prescribed periods, day and night.

Control of Firearm – A plan for firearms control must be made, specifying its purpose, use, safety
precautions, proper inventory, storage and standardization; all should be included in the plan for all
institutions.

Gas Control – A plan for gas control which specifies its purpose, use, safety precautions, proper inventory,
storage and standardization must be made.
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Control of Contraband – A plan for the control of contraband defines such items and provides for their
regulation.

Key Control - A plan for control of keys assures that all are accounted for and under control of free
personnel.

Tools and Equipment - A plan for control of those tools and equipment items that pose a threat to persons
or to the physical security of the plant must be developed.

Job Analysis - A comprehensive and up-to-date job analysis for all posts aids employees in understanding
their tasks.

Locking Devices – Proper locking devices must be kept in good operating condition.

Proper Cell Equipment - Proper cell equipment should be designed to minimize the necessity of permitting
custodial risks to leave their cells after lock-in.

Emergency Doors - Emergency doors must be provided into housing and to the areas where prisoners are
congregated.

Special Emergencies - Plans should be developed and be available to place into effect for operation during
special emergencies: (a) riots (b) escape (c) fire fighting (d) emergency lighting and stand-by power, and (e)
civil defense.

The best guaranty against riots, disturbances and escapes, however, is in well-organized program of
activities inside prison designed to attain the reformation of prisoners. Penologists considered, "Idleness is
the workshop of the devil." A well-balanced program of work, recreation and education will keep the
prisoners busy and away from mischief: On the other hand, if prisoners are idle or are treated inhumanely
they will surely escape or create disturbances.

Inspection of Security Facilities - All security facilities such as doors, bars, windows and locks should be
examined at least once a week to insure that they are in good condition. Custodial officers as well as other
employees of the institution should be trained to observe signs of deterioration in the security system: arid to
report immediately any weakness in the system.

Counting Inmates - Prisoners should be counted four times a day or oftener. During change of shifts, guards
on duty must be certain that all prisoners are present and accounted for. In counting prisoners at night, the
guard should "see flesh and hear voice" before recording them as present. The control room or master control
must indicate movements of prisoners, such as changes of residence or work assignments, transfers to
hospital and courts.

Firearm Control - There must be a written set of rules for the control of firearms, which every correctional
or custodial personnel should know by heart. Carelessness on the part of the employees or defects in the
system of firearm control may result to violent deaths of employees or prisoners. Employees should be
taught hew to handle all weapons they may be called upon to use. Members of the custodial force should be
required to qualify in marksmanship before entrance to duty and every year thereafter. The armory should be
located outside the prisoners’ housing and activity area, and guns should not be carried within close
proximity of prisoners. The use of gas for quelling riots is becoming popular, not only because it is effective
but also because it is, humane. The custodial force, therefore should know how and when to use tear gas
bombs or grenades.

Control of Keys - The keys to cells and dormitories should never be entrusted to prisoners. The correctional
officer on duty should never enter the housing unit of prisoners with the keys hanging on his belt. There must
be proper accounting of all keys at all times.

Control of Tools - Tools when not in use should be hanged on a shadow board. They should only be used by
inmates within enclosures or when under supervisions.

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Locking Devices - Proper locking devices must be kept in good operating' conditions. Individual door locks
to cells must be provided and the multiple locking devices to doors of individual cells should only be used in
cases of emergency such as fire or earthquake. Inside the housing unit, there should be a grill, cage or sally
port the purpose of which is to provide a place for officers to go into without exposing themselves to assault
in case of riots.

Special Emergencies - The prison should provide a standard operating procedure for control of riots and for
preventing fires and escapes. There should be a master riot plan and this plan should often be placed on the
dry run. This should also be true with' prevention of fires and escapes. Every penal institution should be
provided with emergency lighting stand-by power.

Prison Discipline

Discipline in prison is commonly thought of as a procedure to prevent escapes, riots and disorders,
and punishing those involved. This is not all that discipline attempts to accomplish in a prison. The main
objective of prison discipline is to inculcate habits, attitudes and values that will make the prisoner a peaceful
and useful member of society upon his release. Webster's dictionary defines discipline, thus: Discipline:
from the Latin, disce, to learn: discipulus, a disciple or learner. Training, education, and instruction: the
guidance and government of conduct or practice punishment inflicted for the purpose of correction and
training.

Discipline has also been defined as a continuing state of good order and behavior. It includes the
maintenance of good standards of work, sanitation, safety, education, personal health and recreation. It
insures that persons and groups go on time to their appointed place and that they maintain standards of
conduct which are necessary when large number of people live and work together or in any community,
institution or otherwise. The ultimate hope of institutional discipline is to develop self-reliance, self-control,
self-respect, self-discipline not merely the ability and the desire to conform to accepted standards for
individual and community life in a free society.

Elements of Prison Discipline

Morale - A high degree of morale within prison is the most valuable aid to a good custodial program.
Morale is the mental condition of individuals or groups regarding courage, zeal, hope and confidence in the
present principles and way of life. Morale is how people feel emotionally about their way of life and the
people with whom they live. Good personnel and a good treatment program make for good inmate morale
and self-discipline, which aid in the maintaining of proper custody and control. Good morale is not obtained
by arbitrary rules of hard work alone. It comes with the development of activities, which provide for the
inmate’s mental and physical needs, fair treatment, and reasonable opportunity to use his time constructively.
It requires leadership and a balance program in which work, training, recreation and other activities are
carried on with the common objective – the welfare and reformation of the individual.

Custody and Control

Custody is defined as guarding or penal safe-keeping. The custodial force must be trained in custodial
and security measures, locking and counting routines, procedures for searching prisoners and their living
quarters, and prevention of contraband. The prison guard whose duties were limited to guarding inmates and
maintaining discipline is now regarded as key personnel of the institution. The fact that he is most often in
contact with the prisoner at work, in quarters, and at school, places him in a position where he has the
greatest influence upon the prison.

Control involves supervision of prisoners to insure punctual and orderly movement to and from the
dormitories, places of work, church, hospitals, and recreational facilities, in accordance with the daily
schedules. Control does not mean that all prisoners be under close superv1don at all times. The use of passes
and the establishment of gates and checkpoints within the prison walls can likewise affect control.

Discipline the Concern of Every Prison Worker - Discipline is not the responsibility of the
custodial force alone but rather the concern of every prison worker. The staff of the institution in all phases
of the institutional program, all of which in their special ways are contributing to the general discipline of the
30
prisoners, accomplishes it. For example, the social worker contributes towards discipline by pointing out to
the prisoner his responsibilities to his family and to the community, and showing him how to fulfill them.
Work foremen and treatment personnel encourage and assist the prisoner to attain new goals, through
purposeful work activities and employment responsibilities.

Individualized Discipline - It is not enough that discipline be consistent, reasonable, objective, firm
and prompt. Since crime is multi-causative, the techniques and services required in correctional treatment
including the administration of discipline, must be correspondingly varied and, in terms of understanding the
inmate as a person.

Discipline must be considered on an individual basis - the prisoner must be carefully studied. His
social, psychological, psychiatric data prior criminal history adjustment to his institutional program and
disciplinary history must be carefully examined to see what kind of person he is, what can reasonably be
expected of him and what punishment or other treatment methods will be most effective. Group disciplinary
problems such as gang conflicts, strikes and disturbances, should be dealt with firmly and without hesitation
or vacillation. The gang leaders or agitators should be identified and segregated.

Preventive Discipline - discipline should not only be applied after a breach of law, rule or regulation
has been committed. More effective perhaps is the application of discipline at its preventive stage. Discipline
applied after an offense has been committed is negative discipline in the sense that in many cases punishment
does not deter. The positive approach is to work out a program of preventive discipline, which involves
prompt correction of minor deviations before they become serious violations. Minor violations if not
intentionally committed should be dealt with by the observing guard with a reprimand or warning. Custodial
officers should bear in mind that the certainty of dealing with misbehavior in prison is more effective in the
control of prisoners than the severity of the punishment. In many cases, correction or reinstruction of the
inmate may be achieved without .the necessity .of taking punitive action. Preventive discipline may be used
when the deviation is trivial, is due to ignorance or lack, of understanding or the result of careless or faulty
habits. A friendly word of advice may suffice to cause a prisoner to avoid future misbehavior. On the other
hand, in a similar situation, an employee lacking in interest and understanding approach, may by his
unprofessional, unfriendly, and even hostile attitudes and bearing, aggravate an inmate to a point where it is
mandatory to take disciplinary action for misbehavior.

Good Communication: Another important element of discipline is good communication. A good

communication system, which will convey what management wishes the prisoners done and what, the
inmates feel about the program and management important in prison management. A good communication
system will relieve the inmate's feelings of insecurity about his situation. A good communication system is
likewise essential in effecting new changes, which affect the masses of the inmate population.

Orientation-Admission: Good communication can be accomplished by subjecting all newly

committed prisoners to undergo admission-orientation procedures This usually takes place at the Reception
Center. The new inmate is given orientation lectures on the rules and regulations of the institution. He is
informed of the existing facilities of every institution within the prison system; he is told of what the institu-
tion expects of him; and he is advised of the opportunities for advancement that he could avail of within the
institution, such as the educational and correctional programs, the religious program, the recreational
program, and the opportunities in group development activities.

Manual and Rule Book: Manuals and rulebooks guide both the prisoners and employees in the
proper procedures of administration. They should be made available for reference to the prisoners as well as
the staff at all times. The rules and regulations should be stated in as simple a language as possible to be
understood by every prisoner.

Inmate Councils: One good means of maintaining communication in prison is the creation of Inmate
Councils. The inmate council is composed of duly elected representatives of the various housing units and
assignment groups. The council elects its officers and holds periodic meetings. The council acts as an
advisory body to the superintendent or warden in matters of administration. The council members
disseminate major changes of policies to their constituents, and in turn transmit to management the feelings
and attitudes of the inmate population towards any problem of the institution.
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Procedures in Disciplinary Cases

Disciplinary and punitive actions are the responsibility of the deputy superintendent for custody. In
small institutions, one disciplinary officer hears disciplinary cases, while in bigger institutions they are heard
by a board of discipline. A disciplinary board or committee is usually composed of the assistant
superintendent for custody as chairman, the physician and the psychologist as members.

Disciplinary cases are initiated by the report of the observing officer or employee. The report may
either be a behavior report or a misconduct report. The former type of report is intended to call attention to
inmate’s acts and attitudes which might otherwise be called misconduct - such behaviors as suspiciousness,
Withdrawal symptoms, lack of self-control, etc. Behavior reports also include exceptionally good work
habits, and attitudes. The negative as well as the positive behaviors of the inmate are useful in the appraisal
of what kind of person the prisoner is. The misconduct report carries every violation of law or rules. Every
case included in the misconduct report should be investigated, and heard by the disciplinary officer or
committee. If the case is so serious as to warrant it, or if there is danger that the offender will unduly
influence witnesses, he may be placed in confinement pending investigation but his confinement should .not
be in. a. punishment status. In the hearing, the inmate shou1d be given all opportunities to explain his case
and to call witnesses to testify on his behalf. A written record is made of every infraction reported and how it
is disposed of. Records of said infractions are entered in the prisoners’ disciplinary record card.

The following are some of the punishments usually imposed on prisoners convicted by the summary or
disciplinary board:

Counsel and reprimand - This is a mild form, of punishment imposed for trivial offenses. To a
prisoner who is aware that a clean record is: an asset to his speedy release mere counselor reprimand is
enough deterrence against a repetition of infractions.

Loss of Privileges - This is one effective control of misbehavior. Privileges are very precious to
prisoners. Prisoners look forward to visiting days, movie evenings; amateur hour program, and writing to
relatives and certainly they would not want to forfeit any of these privileges through misbehaviors.

Loss of Good Conduct Time Allowance - The penal code provides that for maintaining good record
in prison, the inmate is credited with 5 days or 8 days, up to 15 days good conduct time allowance for every
month that he serves. This allowance may be forfeited as punishment for misconduct. However, good
conduct time allowance already earned can no longer be forfeited.

Close Confinement - This is resorted to in extreme cases when lighter penalties are ineffectual. The
use of solitary confinement or "bartolina" is justified when there is danger that the offender may hurt himself
or others. It should not be considered as punishment when used "as an administrative measure" of preventing
him from influencing witnesses or of injury to himself or others.

Reduced Diet - Usually this punishment is carried out with punitive segregation. The United Nations
rules prohibit the use of this kind of punishment unless supervised by the prison physician. Cruel and
degrading forms of punishment are also prohibited by United Nations rules, including corporal punishment.
Except when there is danger of the inmate injuring himself or others, the use of handcuff and leg irons is
prohibited by the United Nations rules and regulations.

Counseling, Casework and Clinical Services

Counseling, casework and clinical services are essential parts of the total correctional program. To
function effectively as an integral part of the total correctional process, professional personnel assigned to
these services must clearly understand the mission, goals and objectives of the correctional system.

Counseling is defined as a relationship in which one endeavors to help another understand and solve
his problems of adjustment. It is distinguished from advice or admonition in that it implies mutual consent.
Counseling as used in working with offenders; encompasses the personal and group relationships undertaken
by the staff. It has its goals either the immediate solution of a specific personal problem or a long range effort
to develop increased self-understanding and maturity within the offender. Counseling may be part of the

32
activity of a professional casework or psychiatric staff, but is also the proper province of the teacher, the
work supervisor, and the group supervisor, and the group supervisor. In institutions particularly, the work
and quarters, supervisors have extensive contact with and influence upon inmate behavior. In the
performance of normal job functions, counseling is used commonly and quite often unconsciously.
Voluntary participation of the offender in a counseling relationship is desirable; but there is evidence that
group programs in which participation is mandatory can be effective.

Group Counseling Personnel - Institutions can make productive use of a program of counseling
which employs educational, custodial, and industrial, maintenance, and other operational personnel as group
leaders and give individual attention to inmates. There is considerable untapped potential in the large
numbers of institutional personnel who can have major impact on relieving inmate tensions and contributing
to ultimate social readjustment of offenders. The most effective informal counseling program consists of the
intelligent and harmonious use of personal relationships between staff and inmates m the operation of day-to-
day assignments in the institution. The natural small living group, such as camps, dormitories and other small
housing units~ provide an excellent setting for the development of a counseling relationship between
custodial staff and inmates, as do small work groups or crews.

Vocational Counseling - A critical need in institutional programming is professional vocational

counseling. Involved here is a technical specialty within the general counseling field, which requires broad
knowledge of occupations, vocational potentials, aptitudes and interests, and conditions of employability in
the community. Increasingly, institutions are turning their attention to vocational training and productive
enterprise. This is sound, both from the standpoint of institutional activities and job stability after the inmate
is released.

To accomplish the most effective assignment, and training of inmates, each correctional system
should employ skilled vocational counselors to contribute to the initial study and recommendations. The
assessment of vocational potential can then be used by both inmates and staff to determine initial assignment
and periodic progress review. Based upon an allotment of three hours per case in the reception unit for
review, analysis and report, there should be one vocational counselor provided for every 40 cases per month.
This would allow' approximately one-fourth of his time for administrative duties and staff development
projects.

Vocational counselors are also needed to make periodic progress reviews, to guide occupational and
training reassignments, and to give consultations to administrative staff, trade foremen vocational and
academic teachers. The use of Dictionary of Occupational Titles can greatly simplify and considerably
enhance the assignment practices within the institution as well as the release planning for employment.
Based upon a minimum of 15 inmates per case per month, an appropriate ratio of vocational counselors is
one to every 300 inmates. This ratio allows for approximately one half times to be devoted to administrative
routine, staff consultation, classification committee work, and other allied duties. In terms of both short-
range productivity and long-range benefits, skilled vocational counseling is an economical use of personnel.

Casework in correctional work includes the professional services rendered by professionally trained
personnel in the description and social treatment of offenders. Casework consists of working with one
individual at a time, with the aims of:

obtaining clear case description or social history,

solving immediate problems involving family or other personal relationships,

exploring carefully long-range problems of social adjustment and assisting the individual toward acceptable
solutions,

offering supportive guidance and information to inmates who are nearing release from the institution,

offering supportive guidance and professional assistance to offenders on probation or parole.

Casework Services
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While the entire correctional process should be seen as-an integrated activity, for logical outline, the
areas for use of counselors can be divided into six sections which have certain operational significance:

1. pre-sentence investigation (probation)

2. reception process
3. general institutional program
4. specialized use in severe disciplinary cases and segregation
5. pre-release activity
6. post-institutional care (parole)
Whatever his specific assignment, the counselor should be a person specially trained either by graduate
academic preparation or through specialized and intensive correctional casework training programs, in the
understanding of basic human needs, problem behavior, social conditions relevant to criminality, and
community and social agency resources.

It is essential that the counselor have a broad understanding of anti-social behavior and a general
knowledge and understanding of research procedures. The counselor should be motivated by a personal
desire to assist individuals who exhibit varying, and sometimes serious, degrees of such behavior.

As part of the casework program, relationship with colleges and universities should be established to
provide for field instruction for students and advanced course work by full-time employees.

Reception Process - Case study, evaluation and description is an essential function of the caseworker.
Skills in analysis, thorough reporting, and clear writing are essential in the production of a case history used
throughout the correctional process as a basis for program planning and treatment. Participation in.-the
orientation of the newly received inmate: to the correctional system is also a function of the, reception unit
caseworker who may, accomplish this purpose most successfully in groups. During reception process one
function of the caseworker is to deal with special problems, which arise during the intake period. Often this
is a time of considerable personal and family stress requiring the resolution of economic and personal
problems. Specialized casework skills in handling new stress problems and knowledge of appropriate referral
sources are required

Workload Standard - A minimum standard workload figure for processing new cases is 30 per
month, for the caseworker exclusively occupied in this area. As part of the standard, there should be a
provision for at least one case supervisor for every six to eight caseworkers. These workloads are based on
an average allotment of approximately four hours per case for study, description, analysis and
recommendation and an additional allowance of one-fourth work time for administrative routine training and
staff development. It is most important to recognize that the treatment potential of the caseworkers is
commensurate with the amount of face-to-face-contact with the client. As administrative details increase, the
treatment potential correspondingly decreases. These should be regarded as absolute minimum figures.

Institutional Activities - Perhaps the most basic institutional casework activity is long-term case and
group work with inmates judged to be amenable to professional casework services. At the present time there
is insufficient knowledge upon which to determine a known percentage of inmates who might be responsive
to- the intensive casework services.

During the institutional period, the caseworker becomes involved in aiding in-mates with a wide
range of problems. Many of these concern themselves with difficulties of institutional adjustment, but there
are others, which have their origin in the community. Among the latter are divorce complaints, matters
relating to the care and custody of minor children, and issues concerned with handling the inmate's financial
assets. It is important to recognize that many of the latter matters may involve the offender's legal rights and
the caseworker should provide the approve channels. The Preparation and writing of progress reports for
review towards release is also a usual and important assignment. The caseworker also serves as a consultant
to institutional line personnel. He contributes to personnel training, and also helps interpret the treatment
needs of individuals.

Pre-release Activities - Pre-release planning for individual inmates and group programming in
advance of release is frequently one of the more neglected activities in correctional administrations.
Normally the counselor will be assigned the responsibility for planning and execution of specific pre-release
34
programs for orientation and, information to inmates preparing to leave the institution. These programs will
stress employment, living relationships, adjustment factors in the outside community, recreational interests,
etc.

Pre-release programming for individual inmate requires review of the admission study and
institutional progress and proper interpretation to the field counselor and the inmate as to expected problem
areas and proposals for most effective release arrangements.

Clinical Services

Clinical services provide the most intensive diagnostic and treatment activities aimed at

discovering the causes of individual maladjustments,

applying psychiatric techniques with offenders towards effecting improved behavior

offering guidance and support to other staff members in their management of offenders

The staff members ordinarily employed in clinical services work are psychiatrists, clinical psychologists,
trained caseworkers, psychiatric nurses, occupational therapists, and other specifically trained technicians.
The clinical services personnel are particularly concerned with offenders with deep-seated emotional
problems.

Clinical services generally include the, functions of psychiatrists, psychologists, psychiatric social
workers, and ancillary personnel such- as -psychiatric nurses, occupational therapists, and correctional
officers with specialized training Clinical services personnel should have appropriate education and
certification for their specialties. Where possible, residency-training programs should be established in
correctional, institutional and field activities.

In this discussion, the emphasis will be placed on describing the important uses to which clinical
services personnel can be assigned in the correctional process.

Reception Process - Intelligence and personality tests administered by qualified clinical

psychologists. They are required as a basic part of the diagnostic process and program planning. Intelligence
and vocational aptitude test should be selected carefully with the psychologist's guidance, and should be
administered routinely. Serious thought should be given to periodic supplementary testing and re-evaluation.
The emotional state of the inmate upon intake can lead to misinterpretations and faulty program planning.
Personality tests on a group basis and projecting techniques should be administered selectively. The role of
the clinical psychologists also includes the continuing assessment of the testing battery and introduction and
modification of tests where needed.

Each inmate passing through the reception process should receive at least a screening interview by a
clinical psychologist. On a selective basis more intensive interviews will be necessary for a proportion of the
inmates. The interview will be used as a supplement to the interpretation of the personality and projective
tests as well as intelligence scores and to assist in the preparation of the full admission summary.

On referral, psychiatrists should make assessments of psychopathology, organic disturbances, and

other factors related to diagnosis and treatment planning. The wide range of offender types is such that it is
not necessary to have a mental status report on every inmate. Mental status reports will be necessary,
however, for a substantial number of inmates to determine appropriate placement and treatment plan.

Institutional Programs - Clinical services personnel have a significant role in individualized and
group treatment of psychotic inmates, severe neurotics, and other individuals demonstrating bizarre behavior
in the institution or in their institution or in their history before entry. As a minimum requirement there
should be provision for full clinical service to the population designated as psychotic and other inmates
showing major personality disturbances, which may be amenable to treatment or psychiatric management.
35
As consultants, clinical personnel, including psychiatrists, psychologists, and psychiatric social
workers can play a key role in the general treatment programs of the institution. This function would include
providing consultant services for line personnel working as counselors, for discipline and classification
committee decisions and for general programming. The in-service training program for all personnel should
include sessions on personality theory to be conducted by clinical services personnel.

As specialized assignment, individual and group treatment by clinical services personnel maybe
provided in segregation units and to the general population for the very difficult cases evidencing major
disturbances in the institutional community. The segregation unit thus should be seen primarily as an
adjustment center with- a close integration of custodial, counseling, casework and clinical services activity.

Occupational therapy programs employing professionally trained occupational therapists should be

part of the institutional program for inmates with emotional, mental or physical handicaps requiring special
attention. Workload standards should be established through consultation with the appropriate professional
associations. Where occupational therapists have been used in both mental hospitals and prisons, there have
been dramatic examples of improvement of severely diagnosed individuals. In addition, the occupational
therapist programs are very useful in diagnosis and evaluation of long-term needs for inmate programming.

Pre-release Activity - In preparing for release to inmates, the clinical services group serves an
important function by m akin an assessment of psychopathology and the implications of such assessment for
behavior in the general community. In addition to the general assessment one of the most important functions
to be served by the clinical services group, especially in cases having psychotic or bizarre histories is in the
prescription for appropriate post-release programming that is transmitted to the parole service.

Post-Institutional Care - Consultant clinical services should be available for the use of parole
supervisors in assessing progress, supervision needs for most effective parole management of large numbers
of parolees demonstrating unusual personality disturbance or with histories of unpredictable behavior.

As part of parole treatment and management, outpatient parole diagnostic and treatment clinics
should be developed in the major metropolitan areas. In many instances the paroling authorities are of the
opinion that men may be released with relative assurance of safety to the community provided there is a
continuing clinical assessment and treatment of offenders with unusual histories. The functions of the
outpatient clinic would include on-going treatment of cases showing positive response and the evaluation of
especially difficult cases at the time of key decisions.

SEX PROBLEMS IN PRISON

Sex is one of the most challenging problems that confront the administrators of our prisons today.
The problem is normally related to diseases of mental abnormality and emotional instability that emerge in
definite criminal conclusions. Despite evident progress in many avenues of correction, there are certain areas
of behavior with which the pris6n system has not been able to cope. One of them is the problem of sexual
adjustment in all institutions where inmates are deprived of social or sexual contact.

With the exception of few prisons where conjugal visits are allowed, inmates generally manifest
deviant sexual behavior, namely: nocturnal sex dreams (emissions), masturbation and sodomy. Male prisoner
are randomly distributed according to social status and general life style from the pauper to the opulent,
although the prisoners who make up the bulk of population are drawn from the deprived sections of society.
As a consequence, sexual experience of these men and the meaning that sex has for them differs significantly
from other sectors living in free community.

A number of dimension of these substantial differences are to be found in the sexual activity and
attitudes of men who have differing amounts of education and social origin. Imprisoned men and men of
delinquent histories generally have wider sexual experience than men living in conventional and non-
delinquent lives.

36
Reasons for the Deviation

Drawing on the knowledge about the dimensions of prior sexual adjustment of men who go to prison,
the first major sense of experience is actually how little sexual activity of any sort secure within the prison,
thus, even after the shock of imprisonment has worn off, which often for recidivist this occurs quickly, there
is no sudden burst of sexual activity of any type. Confirming these impressions are the low order of sexual
complaint as found in the list of grievances presented by the prisoners. Partly, this is due to the tight custody
in the institution and the fact that the prisoners move and live in close proximity and except for certain
moments of the day, there is very little privacy. Another cause is man in prison finds himself without
appropriate stimuli, which suggest opportunities for sexual activity. The absence of females and 'the absence
of social situation that call for sexual responses, such as being out of town, ogling and drinking, serve as
effective inhibitors of -sexual responsiveness.

Homosexuality

Homosexuality is the most common form of sexual perversion in prison. Dr. Paul Tappan states that
the homosexuality is a type of sex perversion that must be reckoned with by prison authorities because of its
immensity and violent consequences. There are two factors that encourage homosexual behavior in Prisons.
The first is deprivation of opportunity for normal sex outlet, and as a result of this denial, Prisoners have no
alternative but (1) to strive for complete continence, a state which is very difficult for many to achieve, or (2)
to indulge in onanism; or (3) to engage in homosexual practices. The other basic factor encouraging
homosexual behavior is found in the fact that every normal person has "erotic zone" in his body aside from
his genital region which if stimulated gives the person under certain condition, full gratification or
completion of sex act. Hence, every person is neurotically and potentially capable of gaining sexual
gratification from homosexual practices. Considering the unique situation the prisoners are placed, it is
therefore not surprising that a number of them are indulging in homosexual practices.

How Homosexuality begins

When members of one sex are gathered together in isolation from the opposite sex many will
discover homosexual practices. The tragedy in this situation is not the act itself, but in the fact that many
persons otherwise sexually normal learn the habits of homosexual practices and experience, and carrying
these practices with them, remain homosexual by preference when they are discharged from prison or other
situation that encourage homosexuality. Homosexual persons may be divided into two categories, (1) one
composed of persons who have learned "accidentally" to indulge in perverted acts, (2) the other composed of
persons who had their inclinations ingrained as one of their fundamental personality traits.

Characteristics of Prison Homosexuals

An obvious example of a difference between the inmate or congenital homosexual and the “average” or
"normal" person is found in reversed secondary sex characteristics as having broad hips, a female hairline
large breast, effeminate voice and features, for male; the female invert homosexual will have a masculine
hairline and a deep voice. This, of course, is not true of the accidental homosexual. There are
indications that homosexuality is such more prevalent that many assume. There is ample evidence that
homosexual relationships are of transitory nature, occurring perhaps only once or twice over of a unique,
social situation like a man in prison where homosexuality is prevalent.

There are varying estimates of the number of males who have homosexual contact during their
periods of confinement, but the range is probably between 30 and 45 percent, depending upon the intensity
of custody in the institutions, the social origins of the population, and the duration of individual sentence.
Homosexuality in prison is quite a different phenomenon than homosexual experience in the outside
community. In the prison context, homosexuality is an imitation of normal sex life with the very sexual
activity suggesting masculine and feminine role components, thus a passive male prisoner submits to this
sexual activity of another active male prisoner by coercion because either of fear or indebtedness. There are
other male prisoners who have developed preferences for male companions from their own experience and
who enter prison as homosexual.

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The aggressor provides protection, a measure of affection and perhaps gifts in case of older inmates.
The passive inmate provides sexual access, affection, and other pseudo-feminine services. In cases of long-
term inmates, these relationships may be conceived as pseudo marriage resulting to a greater degree of
sexual reciprocity. To some extent, this relationship creates problems of sexual jealousy, which erupts into
violence.

Woman and Homosexuality

Homosexual behavior is not restricted to male institution only but is found in women's reformatories
and in girls’ correctional institutions as well. Many of the females sent to these places have not developed
inhibitions and thus find the situation almost unbearable. They easily turn to various forms of erotic
behavior, and as in the male institutions debauch the more sensitive and feminine of their fellow prisoners. It
is practically difficult for administrators of prisons to control this problem in the institution largely because
the inmates have more freedom than male prisoners. Women's reformatories are usually of the cottage type
with large campuses where friendships between girls and women have very little restraint. The sexual
adjustment of women to imprisonment is then strongly linked to the general goals to which most are
socialized in the larger society. The frequencies of any sexually ameliorative behaviors such as masturbation
and homosexuality are considerably less frequent for women than men in prison.

Female prisoners appear to form into pseudo families with articulated roles of husband and wife.
These family systems seem to arise from these sources. One source is a process of compensation: the
majority of female prisoners are from several disordered homes and the creation of the pseudo family often
compensate for this deficiency. Another source results from the socialization of women, who instead of
forming a gang for self-defense as male prisoners do, tend to form pseudo family. Finally, pseudo family
operates to stabilize relationships in the institutions and to establish orders of dominance and s submission
among female prisoners. It is the result of these relationships that homosexuality is being practiced by female
prisoners.

Control of Prison Homosexuals

No satisfactory solutions have been found to sex problems in prison except to reduce the
opportunities for such practices. For, instance, having only one prisoner in each cell, providing physical
exercise during the day to encourage sleep at bedtime and by adequately supervising all congregations of
prisoners where they are in the situation which affords an opportunity for homosexual practices. Several
attempts have likewise been made to segregate, the most obvious sex, offenders especially homosexual to be
removed from the congregation but still there is a tendency to co-opt other prisoners to take their place.

Probably the only long-term solution is to adopt the policy of home visits at intervals during
incarceration and to provide alternative modes of self-expression for these social and Psychological needs
because of the current structure of male prison, result in homosexuality. The answers to homosexuality are:

1. encourage those who actually desire to change to take psychiatric treatment

2. permit them unmolested to seek out their kind as they wish in free community
3. conjugal visit for married prisoners

Masturbation

Some of the most successful aphrodisiacs are the absence of anxiety the presence of available sexual
cues, an adequate diet, and plenty of rest. Of these, only the latter two are commonly found in the prison
environment and, in some cases only the last one. One of the sources of sexual cues is fantasy, those
remembered or desired sexual experience that commonly serves as the basis of masturbation, which is self-
gratification. These fantasies then begin to facilitate further masturbation and a continuing commitment of
sexual outlet. Masturbation serves primarily as a mechanical release of felt physical tension. The prisoners
learn and rehearse sexual style in the context masturbation. As it is indulged secretly, its extent cannot be
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more than estimated. If the inmate is to some degree cultured, he may turn to various avocations or hobbies
like pacing his cell floor and memorizing verses in the Bible and passages in poetry, to drain of his sexual
hunger.

Sodomy

Another sex problem prevalent in prison is sodomy. Sodomy as a manifestation of sexual perversion
is the direct result of the denial of normal contact with opposite sex that is a part of the society outside. In a
situation where homosexuality is not practiced by inmates due to absence of passive partners or there are no
known homosexual in a cell, prisoners sometimes indulge in sodomy, or sex relation with another male,
which is a criminal offense.

Conjugal Visit

The program of involving the practice of permitting inmates, some opportunities of normal sex life
has been tried with success in several countries throughout the world especially in Latin American countries,
like Salvador, Mexico, Columbia, Argentina and Brazil. In some countries notably Sweden home furlough,
which is the inmate's rights and not a privilege, meets the need for normal sex practice. A policy of
permitting the families of prisoners to move to a prison compound has long been in operation in several
countries. It was the practice at least during 1930's in U.S.S.R., especially in Bolshevo prison near Moscow.

In Columbia, the inmate leaves the prison under guard, wearing civilian clothes, wife in a certified
rooming house or in his own house if he lives in the city where the prison, specifically set aside for the
purpose of the visit. Prostitutes are banned. In Mexico City, a special hotel-like building was erected for
overnight visit of men's wives. This is likewise true in progressive Mexican "Islas Marias" prison colony in
the Pacific Ocean. Perhaps the most dignified type of conjugal visiting was established in Argentina in 1947.
In the National Penitentiary in Buenos Aires, each inmate who maintains good behavior is entitled to
periodic visits from his wife in a specially built structure intended for the purpose.

In the United States of America such practice of conjugal visit has not been officially sanctioned by
state authorities, although clandestine conjugal visits have existed for many years in Mississippi State
Penitentiary located at Parchman in Yazoo-Mississippi Delta, popularly known as Parchman Institution.
Here, it emphasizes not only the bringing of visitors into prison during Sunday's but it allows the inmates to
keep contact with their families by leaving the prison themselves. Under the visiting leave program at
Parchman called "Holiday Suspension Program" each year from December 1 until March 1, selected inmates
who have been in the penitentiary at least 3 years with good behavior records may go home for a period of
10 days.

There are numerous problems that arise in connection with the privilege of allowing conjugal visits in
prison. Among them are

the possibility of common-law wives to visit their common-law husbands which create resentment and
jealousy on the part of legitimate wives

prostitutes to call on some inmates which would result to the spread of venereal diseases

that it is unfair to unmarried inmates

Relatively however, this practice of conjugal helps a lot. It keeps marriages from breaking up,
reduces homosexuality, makes inmates more cooperative, helps rehabilitate inmates, makes inmates easier to
control, and makes inmates work harder.

Conjugal Visit in the Philippines

In the Philippines, the practice of conjugal visiting was not allowed in the earlier part of its prison
system. However, the policy of the government specially the Bureau of Prisons is to-allow the families of
some prisoners who attain the status of colonists or trustees to live with them at government expense in penal
colonies such as in Davao Prison and Penal Farm Iwahig Prison and Penal Farm, and Sablayan Prison and
Penal Farm The colonists and their families are given a piece of land to cultivate and are encouraged to raise
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poultry and livestock for their own personal use. The colony post- exchange sells their product. When
released, the prisoners, if they so desire to live in the colony, are reclassified as homesteaders and are given 6
hectares homestead lot in the Tagumpay and Tanglaw Settlements. Only Iwahig and Davao Prisons and
Penal Farms, so far, are operating land settlements where homestead lots are distributed to released
prisoners. There are community resources such as, school, church, recreation center, post exchange, hospital
and clinics for the colonists and their families.

CUSTODY, SECURITY and CONTROL

The following guidelines should be strictly observed in jail custody, security and control:

1) Conduct regular briefing for every shift, especially before any member of the custodial force assumes his/her duty
and before the escort personnel leave with inmates for court hearing and other authorized/lawful destination.
2) Maintain strict control of firearms. Never permit any firearm inside the jail except in some areas where firearms
are authorized.
3) Maintain 24-hour supervision of inmates;
4) Maintain a system of key control. Never permit the inmates to handle keys.
5) Secure firearms and anti-riot equipment in the armory wherein they can be within easy reach of jail officer yet
afford maximum security against access by inmates.
6) Supervise the proper use of tools and other potentially dangerous articles such as bottles, acids, kitchen knives,
etc., and keep them out of any inmates reach when not in use;
7) conduct regular inmates count, at least four (4) times within a 24-hours period. Establish procedures, which will
insure beyond doubt, that every inmate is physically present or accounted for, at every count.
8) Conduct frequent surprise searches of inmates and their quarter to detect contraband.
9) Conduct frequent inspections of security facilities to detect tampering or defects;
10) guard against escapes, assault on jail personnel and inmates disturbances;
11) Develop plans dealing with emergencies like escapes, fires, assaults and riots. Make these plans known and
understood by jail personnel;
12) Never allow gay and lesbian jail officer to perform search and custodial functions.
13) Never allow a jail officer to render successive shift of duty except in cases of emergencies;
14) Designate a gate supervisor for every shift who will be made administratively responsible and accountable for the
daily activities at the entrance gate of jail;
15) Never allow a jail officer to open the inmates’ quarter alone. At lease one (1) other jail officer should be present;
and,
16) Select carefully the inmates to be assign as jail aide and maintain rigid control over their activities. No inmate
should be allowed to assumes any authority which belongs to jail personnel or to exercise authority, supervision
and control over other inmate.

COUNTING PROCEDURES
It is imperative that at specified times during each 24-hour period, all inmates are physically counted. For this type of
count, the general procedures are as follows:

1) Count each inmate physically at specified times;

2) During the count, ensure that all movements of inmates cease until the count is completed;
3) The count must be accurate. Make a positive verification to ascertain that the inmates are physically present.
Counting a man on the basis of seeing any part of his clothing, hair or shoes is not a good counting procedure;
4) Submit a report of each count of a group of inmates to the Warden and/or Deputy Warden; and
5) If the total jail count does not tally with the total jail population at any given time, conduct a recount. Render an
immediate report to the Warden and/or Deputy Warden for any unaccounted inmate.

Inmates Count:
1) Formal Count – is a regular, required count of all residents in the institution. It is normally done five to six times
each 24-hour period.
2) Census /Informal Count – is a frequent but irregular check to verify that all residents under the supervision of an
officer are present. This count is often done on work details or programs.
3) Emergency Count – is taken due to unusual circumstances, such as escapes, riots, or disturbances.

MEAL SERVICE
1) Security must be considered in the serving of food inside the cells/ quarters.
2) A jail officer should not enter the inmates’ quarter to distribute food unless another officer is available to handle
the keys and control the entrance door.
3) If only one officer is on duty, it is essential that the door be locked to preempt being overpowered by the inmates.

DINING ROOM SECURITY

For jail facilities that have separate dining or mess halls, the following shall be observed:

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1) As a general precaution, individual mess utensils of inmates shall be made of plastic;
2) Inmates shall march in a column along designated routes under the supervision of one or two jail personnel.
Station other officials along the route to direct the orderly movement of inmates to and from the mess hall;
3) Food service supervisor shall be present during meals to handle any complaints;
4) After meals, inmates shall be responsible for the cleanliness and orderliness of the mess hall. This shall be strictly
supervised by jail personnel to ensure that no utensils are brought out of the dining room; and,
5) Check and accounts for all forks, spoon and other kitchen utensils after every meal.

MAIL CENSORSHIP
 To ease the strain of detention, inmates shall be encouraged to maintain wholesome contact with friends and
relatives through correspondence.
 However, the privilege of sending and receiving mail that is extended to inmates shall be properly supervised and
handled to obviate the possibility of smuggling contraband and to use this medium as a means of illicit
communication.

The following procedures shall be strictly observed when censoring mail:

1) Mail shall not be distributed to the inmates until an authorized jail personnel have examined it in the presence of
other inmates as witness;
2) Letters containing currency, checks or money shall be marked with the amount enclosed and deposited with the
Jail Property Custodian. The receiving officer shall list down the amount received on a receipt form in duplicate.
The original receipt signed by the receiving officer shall be kept for the record and the duplicate copy shall be
given to the inmate for his/her information;
3) Bring to the Warden’s attention any correspondence that does not conform to regulations or are detrimental to
security, order and discipline of the jail;
4) In the censoring of mail, jail slang, unusual nicknames and sentences with double meanings should be carefully
studied and analyzed to determine the real meanings;
5) All letters passed by censors should bear the censor’s stamp at the top of each page and on the envelope. The letter
should be placed back in the same envelop and resealed;
6) A listing of mail for inmates should be properly posted in a conspicuous place. A copy of such listing will also
form part of the records of the jail;
7) If the inmate fails to claim his/her letter within twenty four (24) hours after it has been posted, the mail shall be
delivered to them;
8) Do not discuss the contents of inmates’ mail with other jail personnel, except for official purposes; and,
9) All outgoing mails shall pass through the normal mail facility of the jail subject to the usual censorship.

EMERGENCY PLANS
 Emergency plans for both natural and man-made calamities and other forms of jail disturbances shall be
formulated to suit the physical structure and other factors peculiar to every jail, such as:

Man-Made Calamities/Disturbances Natural Calamities

a) Riot a. Fire
b) Jailbreak b. Flood
c) Noise Barrage c. Earthquake
d) Hostage-taking d. Tsunami
e) Epidemics e. Landslide
f) Food Poisoning f. Typhoon
g) Rescue g. Volcanic eruption
h) Bombing h. others
i) Power failure
j) Water Shortage
k) others

MOVEMENT/TRANSFER OF INMATES
Inmates may be moved or transferred under the following circumstances:

1) Subject to the conditions set forth by the succeeding Sections, an inmate may be brought out from jail in any of the
following instances:
a) To appear, as witness or as accused, before any court of justice during preliminary investigation,
arraignment or hearing of a criminal case;
b) To appear, as witness with leave of court in any investigation or formal inquiry being conducted by a
government agency;
c) To view with leave of court the remains of a deceased relative within the second degree of affinity or
consanguinity; and,
d) To undergo with leave of court medical examination or treatment in an outside hospital or clinic.
2) An inmate maybe transferred to another institution only upon specific order of the court having jurisdiction over
him/her, except in cases of serious illness where hospitalization is necessary, and the detainee has to be
immediately taken to the nearest hospital, with the Court subsequently notified.
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3) In any emergency or other compelling situations / necessities when the transfer to other jails of inmates involved is
necessary to ensure the safety and security of the inmates and personnel, the Warden can recommend to the
Regional Director verbally or in writing, their immediate transfer to another jail within the region provided that, on
the first hour of the following working day, the Court concerned must be informed of the said transfer.
4) For those inmates who wish to view the remains of the deceased relative, leave of court shall be first obtained.
a) However, the Warden may request reconsideration from the court to recall and disapprove said order under
any of the following grounds:
i. The deceased relative is lying-in-state in a place beyond thirty (30) kilometer radius from the place
of confinement of the inmate or, in any case, where the inmate cannot return to said place during
daylight hours;
ii. The detainee has a record of escape; and,
iii. The detainee is classified as high risk / high profile and the jail has inadequate resources to ensure
his / her safety and security.
5) Before leaving the jail for the authorized destination, the inmate shall turn-over to the Warden such amount that
may be necessary to pay for his transportation and meal expenses and those of the jail officers escorting him.

COOPERATION AMONG JAIL WARDENS ON TEMPORARY DETENTION OF INMATES

1) Jail Wardens must agree on the use of facilities for the temporary detention or imprisonment of an inmate from
other localities before, during and after trial.
2) Wardens effecting the movement / transfer of an inmate shall shoulder all expenses for transportation and other
incidental expenses of the same while confined in other jails.

Rules to be followed during movement / transfer of inmates:

1) The responsibility for the security of the inmate being moved / transferred shall remain with the custodian until
received by another custodian. Whenever possible, it should be made during daytime and it must be treated
confidentially.
2) All jail officers shall be given detailed instructions on their duties and responsibilities, to include that the most
direct route to the destination must be followed.
3) An inmate moved / transferred shall be handcuffed. When two or more inmates are transported, each must be
secured to the other.
4) All inmates shall be inspected and searched for dangerous weapons or objects which may be used for escape or
self-destruction.
5) The following basic security precautions shall be observed during the transfer of inmates:
a) Do not allow inmates to tinker with the handcuffs;
b) Regard all inmates as extremely notorious to avoid being careless;
c) Do not allow an inmate to go to a toilet or wash room alone;
d) A jail officer shall always walk one step behind and never in front of an inmate. The inmate shall always
precede the jail officer into an automobile..
e) Stopping along the highway while in transit is highly discouraged.
6) In case an inmate is moved / transferred from one jail to another facility or correctional institution, his Carpeta
must be forwarded to the jail where he is to be confined and duly received by the designated Records Custodian.

GOOD CONDUCT TIME ALLOWANCE (GCTA)

“Good Conduct”
 Refers to the conspicuous and satisfactory behaviour of a detention or convicted prisoner consisting of active
involvement in rehabilitation programs, productive participation in authorized work activities or
accomplishment of exemplary deeds coupled with faithful obedience to all prison/jail rules and regulations;
“Good Conduct Time Allowance”
 A privilege granted to a prisoner, whether detained or convicted by final judgment, entitling him to a reduction
of his jail or prison term for every month of actual detention or service of sentence as a reward for good
conduct and exemplary behavior;
Who are Entitled?
 The good conduct for the following shall be entitle them to the deductions describe hereunder from their
sentence as good conduct time allowance (GCTA) pursuant to Article 29 of the Revised Penal Code, as
amended:
a) A detention prisoner qualified for credit for preventive imprisonment for his good conduct and
exemplary behaviour; and
b) A prisoner convicted by the final judgment in any penal institution, rehabilitation or detention center
or any other local jail for his good conduct and exemplary behaviour.
Deductible Good Conduct Time Allowance
 A qualified prisoner, whether detained or convicted by final judgment, shall be entitled to the following
deduction from his sentence for good conduct:
a) During the first two years of imprisonment, he shall be allowed a deduction of twenty days for each
month of good behavior during detention;

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b) During the third to fifth year, inclusive, of his imprisonment, he shall be allowed a reduction of
twenty-three days of each month of good behavior during detention;
c) During the following years until the tenth year, inclusive for his imprisonment he shall be allowed a
reduction of twenty-five days for each month of good behavior during detention; and
d) During the eleventh and successive years of his imprisonment, he shall be allowed a deduction of
thirty days of his month of good behavior during detention.

TIME ALLOWANCE FOR STUDY, TEACHING AND MENTORING

 At any time during the period of imprisonment, an accused or prisoner convicted by final judgment shall be
allowed, in addition to the benefits provided for, another deduction of Fifteen (15) days, for each month of his
time rendered for –
a) Study b) Teaching; or c) Mentoring Services

Effect When Case of an Accused is on Appeal.

 An appeal by the accused shall not deprive him of his entitlement to the time allowances.

SPECIAL TIME ALLOWANCE FOR LOYALTY (STAL)

a) A deduction of one-fifth (1/5) of the period of his sentence shall be granted to any prisoner who,
having evaded his preventive imprisonment or the service of his sentence under the circumstances
mentioned in Article 158 of Revised Penal Code, gives himself up to the authorities within forty-eight
(48) hours following the issuance of the proclamation announcing the passing away of the calamity or
catastrophe referred to in said article.
b) A deduction of two-fifth (2/5) of the period of his sentence shall be granted in case said prisoner chose
to stay in the place of his confinement notwithstanding the existence of a calamity or catastrophe
enumerated in Article 158 of the Revised Penal Code.
 Provided that he has not committed other offense or any act in violation of the law or the act.

Officials authorized to grant TIME ALLOWANCES

Who Grants Time Allowances?
 Whenever lawfully justified, the following officials shall grant allowances for good conduct:
a) Director of the Bureau of Corrections
b) Chief of the Bureau of Jail Management and Penology; and/or
c) Warden of a Provincial, District, City or Municipal Jail

MODES AND GUIDELINES OF RELEASE

The following modes and guidelines shall be observed when inmates are to be released from detention.
 
1) An inmate may be released through:
a) Service of Sentence d) Pardon
b) Order of the Court e) Amnesty
c) Parole
2) Before an inmate is released, he shall be properly identified to ensure that he is the same person received and will
be released. His marks and fingerprints shall be verified with those taken when he was received. Any changes or
differences in his distinguishing marks and scars shall be investigated to ascertain his real identity in order to
prevent the mistaken release of another person.
3) No inmate shall be released on a mere verbal order or an order relayed by telephone. The release of an inmate by
reason of acquittal, dismissal of case, payment of fines and or indemnity, or filing of bond shall be effected only
upon receipt of the Release Order served by the Court Process server. The Court Order shall bear the full name of
the inmate, the crime he was charged with, the criminal case number and such other details that will enable the Jail
Officer to properly identify the inmate to be released.
4) Upon proper verification from the court of the authenticity of the Order, an inmate shall be released promptly and
without reasonable delay.
5) Upon proper receipt, all money and other valuables held in trust when first admitted shall be returned to the inmate
upon release.
6) The released inmate shall be issued a Certification of Discharge from jail by the Warden/ Wardress or his/her
authorized representative.

SEARCHES:

Purpose: Protect staff and residents and reduce the potential for escape by:
a) Controlling what the resident has in their possession.
b) Reducing Contraband
c) Controlling what enters the facility
Categories:
a) STRATEGIC – A planned search scheduled at specific times & locations.
b) TACTICAL – Searches conducted as a result of emergency or crises.
c) RANDOM – Searches conducted for no apparent reason, at any time.
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Search Levels:
a) CURSORY – Ongoing “visual“ search of a resident, person, place or thing.
b) INSPECTION – A “conditional standard” check of a resident, & place.
c) AMPLIFIED – A personal search of resident, place or thing.

Personal Searches:
Three Types of Body Searches
a) The Pat-frisk or Pat-down search c) The Cavity Search
b) The Strip Search

THE PAT-FRISK or PAT-DOWN SEARCH

– This is an external inspection of fully clothed resident. It is least intrusive search because the officer only feels
exterior surfaces to determine whether any items are concealed.
THE STRIP SEARCH
– this is more intrusive than a pat –frisk search because the naked body and its cavities are visually inspected
THE CAVITY SEARCH
– As residents became increasingly creative in their efforts to conceal contraband, the need for internal cavity
search emerged.

When is a pat-frisk search required?

a) When a resident moves from one area of the facility to another
b) After a resident leaves a work assignment.
c) When a resident returns to the supervision of a staff member after being in an unsupervised situation
such as a religious activity conducted by outside volunteer.
When is a strip search required? 
a) Upon initial admission or readmission to the facility.
b) After any contact visits
c) When you have reason to suspect that the resident has contraband

Note: Pat-down searches are used to control movement of contraband within the facility.
Strip searches are used to control the entry of contraband in the facility.

Area Search: Like body searches, an area search can be:

a) STRATEGIC – Set place and time
b) TACTICAL – The result of some emergency crises
c) RANDOM – No apparent reason. Unannounced or unexpected.

 The typical areas in a correctional facility which will need search in a regular basis is the housing unit or cell.

CELL SEARCH
(Prior to the search, make sure you have the appropriate equipment and adequate staff to control any resident/s that
may have to be removed from the housing unit and /or contained while search is in progress)

GREYHOUND OPERATIONS
Definition:
– Search and seizure operations to rid jail facilities of contraband
Purpose:
– Systematically eliminate contraband and such other materials in all BJMP-manned facilities that could have
adverse implications on its overall administration to ultimately put order in all jails, promote operational
efficiency and encourage adherence to prescribed operating policies.

MODELS OF CRIMINAL TREATMENT 

1) Control Model
 a prison management, which emphasizes prisoner obedience, work and education
2) Responsibility Model
 a prison management that stresses prisoners’ responsibility for their own action, not administrative control to
assure prescribed behavior.
 Proper classification of inmates, according to this model, permits placing prisoners in the least restrictive
prison consistent with security, safety, and humane confinement.
 Prisoners should be given a significant degree of freedom and be held to account for their actions
3) Custodial Model
 based on the assumption that prisoners have been incarcerated for the protection of society and for the purpose
of incapacitation, deterrence and retribution. 

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 It emphasizes maintenance, security and order through the subordination of the prisoner to the authority of the
warden.
 Discipline is strictly applied and most aspect of behavior is regulated
4) Rehabilitation Model
 security and housekeeping activities are viewed primarily as a framework for rehabilitative efforts. 
 Professional treatment specialist enjoys a higher status than other employees, in accordance with the idea that
all aspect of prison management should be directed towards rehabilitation with the rethinking of the goal of
rehabilitation.
5) Reintegration Model
 although an offender is confined in prison, that experience is pointed toward reintegration into society
 this kind of treatment gradually gives inmates greater freedom and responsibility during their confinement and
move them into a halfway house, work release programs, or community correctional center before releasing
them to supervision.
 this model is based on the assumption that it is important for the offender to maintain or develop ties with free
society
 the entire focus of this approach is on the resumption of a normal life

APPROACHES IN DEALING WITH CRIMINALS

1) Null Strategy
 says that “nothing should be done”, that prisoners should be allowed to become increasingly congested and
staff should remain to maintain them with the assumption that the problem is temporary and will disappear in
time.
2) Selective Incapacitation Strategy
 urge that expensive and limited prison space with the necessary number of staff to maintain them should be
used more effectively by targeting the individuals whose incarceration will do the most to reduce crime. 
 It shows that the incarceration of some career criminals has a pay off in the prevention of multiple serious
offenses.
3) Population-Reduction Strategy
 incorporates front door and back door strategies. 
 front door strategies divert offenders to non-incarcerative sanctions, among them are; community service,
restitution, fines, and probation. 
 while the back-door strategies such as detention, parole, work release and good behavior are devised to get
offenders out of the prison before the end of their terms in order to free space for new comers.
4) Construction Strategy
 building of new facilities to meet the demand for prison space for an advantageous prison management. 
 the approach comes to mind when legislators and correctional officials confront the problem on prison
crowding, sanitation and prison violence to expand the size, number of facilities and personnel.
5) Population-Sensitive Flow Control Strategy
 urges the sentencing be linked to the availability of prison space and management staff; that policies be
developed allowing the release of the prisoners when prison facilities become crowded and staff are greatly
outnumbered to manage prisoners. 
 each court be allotted a certain amount of prison space and staff members so that the judges and prosecutors
make certain decisions accordingly
 this strategy depends on the political will to release prisoners even in the face of public protest.

Total Institution
 “the prison, like other total institution, is a place of residence and work where a large number of like-situated
individuals, cut off from wider society for an appreciable period of time, together lead an   enclosed, formally
administered round of life”. 
 a prison must be such an institution in the sense that whatever prisoners do or not do begins and ends there;
completely encapsulates the lives of the people who work and live there
 every minute behind bars must be lived in accordance with the rules as enforced by the staff

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NON – INSTITUTIONAL BASED Correctional Practices
Joey V. Dignomo, M.S.Crim

Non – institutional Corrections

 Refer to that method of correcting sentenced offenders without having to go to prison

PROBATION

“Probation”
 a disposition under which a defendant, after conviction and sentence, is released to the supervision of a
probation officer subject to conditions imposed by the court.
 another form of non-institutional corrections practices that gives a sentenced convict the chance to reform and
rehabilitate himself without having to spend time in jails.
 does not confine to prison a sentenced prisoner but rather he will released and undergo personalized
community - based treatment
“Petitioner”
 a convicted defendant who files an application for probation.
“Probationer”
 a person placed on probation.
“Probation Officer”
 who investigates for the court a referral for probation or supervises a probationer or does both functions and
performs other necessary and related duties and functions as directed.
“Probation Order”
 order of the Trial Court granting probation.

HISTORY OF PROBATION

Matthew Davenport Hill

 18th century English barrister and judge
 who first initiated probation in England on 1841 by applying this to juvenile delinquents.
 considered the father of probation in England beginning in the year 1941, he has thus acted with regard to
juvenile offenders. 
 When there was ground for believing that the individual was not wholly corrupt when there was reasonable
hope of reformation and when there could be found persons to act as guardian, kind enough to take charge of
the young convict.

John Augustus
 Appreciated with this theory, was John Augustus, a shoemaker who serve as a responsible person for the
release of a confirmed drunkard from the Police Court of Boston. This offender in his custody turned “sober,
and industrious citizen and this resulted to the passage of first Probation Law in April 26, 1878 which was
signed by Governor Alexander B. Rice in Massachusetts.
 John Augustus was interceding with the courts to suspend the sentence of youthful offenders and alcoholics
and place them in his charge and help them find employment.  If the prisoner did well, Augustus would
recommend a sentence other than incarceration to the court, which usually accepted his recommendations. 
 John Augustus, the "Father of Probation," is recognized as the first true probation officer.
 PROBATION - A term coined by John Augustus, from the Latin verb “probare" - to prove; to test.
 In 1887, the City of Boston appointed the first government probation officer in the name of Edward H.
Savage, the former chief of police of Boston City. 

History of Probation in the Philippines

August 7, 1935
 Probation was first introduced in the Philippines during the American colonial period (1898–1945) with the
enactment of Commonwealth Act No. 4221 of the Philippine Legislature.
 This law created a Probation Office under the Department of Justice.

November 16, 1937

 after barely two years of existence, the Supreme Court of the Philippines declared the Probation Law
unconstitutional because of some defects in the law's procedural framework.

1972
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 House Bill No. 393 was filed in Congress, which would establish a probation system in the Philippines. This
bill avoided the objectionable features of Act 4221 that struck down the 1935 law as unconstitutional. The bill
was passed by the House of Representatives, but was pending in the Senate when Martial Law was declared
and Congress was abolished.
 Aware of the needs of the Criminal Justice System of the country, then Congressman Teodulo C. Natividad, the
first Probation Administrator, introduced in Congress House Bill 393 entitled “An Act Establishing Probation
in the Philippines”; Providing Probation Officers therefore and for Other Purposes”.

1975
 the National Police Commission Interdisciplinary drafted a Probation Law. After 18 technical hearings over a
period of six months, the draft decree was presented to a selected group of 369 jurists, penologists, civic
leaders and social and behavioral scientists and practitioners. The group overwhelmingly endorsed the
establishment of an Adult Probation System in the country.

July 24, 1976

 Presidential Decree No. 968, also known as Adult Probation Law of 1976, was signed into Law by the
President of the Philippines (President Ferdinand E. Marcos).

Teodulo C. Natividad
 Father of Probation in the Philippines.

THE PAROLE AND PROBATION ADMINISTRATION (PPA)

 an agency of the Philippine government under the Department of Justice responsible for providing a less costly
alternative to imprisonment of first-time offenders who are likely to respond to individualized community-
based treatment programs.
 supervises and controls all probationers and promulgates rules and procedures on probation process, subject to
the approval of the Secretary of Justice.
 the Probation Administration was renamed “Parole and Probation Administration” and given the added
function of supervising prisoners who, after serving part of their sentence in jails are released on parole pardon
with parole conditions
 The merging of supervision of parole and probation is mandated by Executive Order No. 292.  
 Effective August 17, 2005, by virtue of a Memorandum of Agreement with the Dangerous Drugs Board, the
Administration performs another additional function of investigating and supervising first-time minor drug
offenders who are placed on suspended pursuant to Republic Act No. 9165.

Grant of Probation
 the trial court may, after it shall have convicted and sentenced a defendant, and upon application by said
defendant within the period for perfecting an appeal, suspend the execution of the sentence and place the
defendant on probation for such period and upon such terms and conditions as it may deem best; Provided,
That no application for probation shall be entertained or granted if the defendant has perfected the appeal from
the judgment of conviction.
 "Probation may be granted whether the sentence imposes a term of imprisonment or a fine only. An application
for probation shall be filed with the trial court. The filing of the application shall be deemed a waiver of the
right to appeal.
 "An order granting or denying probation shall not be appealable."

Post-Sentence Investigation Report (PSIR).

 no person shall be placed on probation except upon prior investigation by the probation officer and a
determination by the court that the ends of justice and the best interest of the public as well as that of the
defendant will be served thereby.

Form of Investigation Report

 The investigation report to be submitted by the probation officer shall be in the form prescribed by the
Probation Administrator and approved by the Secretary of Justice.

Period for Submission of Investigation Report

 The probation officer shall submit to the court the investigation report on a defendant not later than sixty days
from receipt of the order of said court to conduct the investigation.
 The court shall resolve the application for probation not later than fifteen days after receipt of said report.  
 Pending submission of the investigation and the resolution of petition, the defendant may be allowed on
temporary liberty under his bail filed in the criminal case;
 Provided, that, in case where no bail was filed or that the defendant is incapable of filing one, the court may
allow the release of the defendant on recognizance to the custody of a responsible member of the community
who shall guarantee his appearance whenever   required by the court.

Criteria for Placing an Offender on Probation

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 In determining whether an offender may be placed on probation, the courts shall consider all information
relative to the character, antecedents, environment, mental and physical condition of the offender and
available institutional and community resources.
 Probation shall be denied if the court finds that:
a) the offender is in need of correctional treatment that can be provided most effectively by his
commitment to an institution;
b) there is an undue risk that during the period of probation, the offender will commit another crime; or
c) probation will depreciate the seriousness of the offense committed

Disqualified Offenders. – The benefits of this Decree shall not be extended to those;
a) sentenced to serve a maximum term of imprisonment of more than six (6) years;
b) convicted of subversion or any crime against the national security or the public order;
c) who have previously been convicted by final judgment of an offense punished by imprisonment of not less
than one month and one day and/ or fine of not less than Two Hundred  Pesos (P200.00);
d) who have been once on probation under the provisions of this Decree; and
e) who are already serving sentence at the time the substantive provisions of this Decree became applicable
pursuant to Sec.33 hereof.

Conditions of Probation
 Every probation order issued by the court shall contain conditions requiring that the probationer shall;
a) Present himself to the probation officer designated to undertake his supervision at such place as may
be specified in the order within seventy two (72) hours from receipt of said order;
b) Report to the probation officer at least once a month at such time and place as specified by said officer.
 The court may also require the probationer to:
a) cooperate with a program of supervision;
b) meet his family responsibilities;
c) devote himself to specific employment and not to change said employment without the prior written
approval of the probation officer;
d) undergo medical, psychological psychiatric examination and treatment and enter and remain in a
specified institution, when required for that purpose;
e) pursue a prescribed secular study or vocational training;
f) attend or reside in a facility established for instruction, recreation or residence of persons on probation;
g) refrain from visiting houses of ill-repute;
h) abstain from drinking intoxicating beverages to excess;
i) permit the probation officer or an authorized social worker to visit his home and place of work;
j) reside at premises approved by it and not to change his residence without its prior written approval; or
k) satisfy any other conditions related to the rehabilitation of the defendant

Effectivity of Probation Order

 a probation order shall take effect upon its issuance, at which time the court shall inform the offender of the
consequence thereat and explain that upon his failure to comply with any of the conditions prescribed in the
said order or his commission of another offense, he shall serve the penalty imposed for the offense under
which he was placed on probation.

Modification of Conditions of Probation

 During the period of probation, the court may, upon application of either the probationer or the probation
officer, revise or modify the conditions or period of probation.
 The court shall notify either the probationer or the probation officer of the filing such an application so as to
give both parties an opportunity to be heard thereon.
 The court shall inform in writing the probation officer and the probationer of any change in the period or
conditions of probation.

Control and Supervision of Probationer

 The probationer and his probation program shall be under the control of the Court that placed him on probation
subject to actual supervision and visitation by a Probation Officer.
 Whenever a probationer is permitted to reside in a place under the jurisdiction of another court, control over
him shall be transferred to the Executive Judge of the Regional Trial Court of that place, in such a case, a copy
of the probation order, the investigation report and other pertinent records shall be furnished said Executive
Judge.
 Thereafter, the Executive Judge to whom jurisdiction over the probationer is transferred shall have the power
with respect to him that was previously possessed by the court, which granted the probation.

Period of Probation
 The period of probation of a defendant sentenced to a term of imprisonment of not more than one year shall
not exceed two years, and in all other cases, said period shall not exceed six years.
 When the sentence imposes a fine only and the offender is made to serve subsidiary imprisonment in case of
insolvency, the period of probation shall not be less than nor be more than twice the total number of days of
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subsidiary imprisonment as computed at the rate established in Article thirty-nine of the Revised Penal Code,
as amended.
Republic Act No. 10159, April 10, 2012
 An Act amending Article 39 of Act No. 3815, as amended, otherwise known as the Revised Penal
Code
 Subsidiary Penalty. Instead of P8.00, it is now P426.00. (at the rate of one day for each amount
equivalent to the highest minimum wage rate prevailing in the Philippines at the time of the rendition
of judgment of conviction by the trial court)

Arrest of Probationers: Subsequent Disposition

 At any time during probation, the court may issue a warrant for the arrest of a probationer for any serious
violation of the conditions of probation.
 The probationer, once arrested and detained, shall immediately be brought before the court for a hearing of the
violation charged. The defendant may be admitted to bail pending such hearing.
 In such a case, the provisions regarding release on bail of persons charged with a crime shall be applicable to
probationers arrested under these provisions.
 In the hearing, which shall be summary in nature, the probationer shall have the right to be informed of the
violation charged and to adduce evidence in his favor. The court shall not be bound by the technical rules of
evidence but may inform itself of all the facts which are material and relevant to ascertain the veracity of the
charge. The State shall be represented by a prosecuting officer in any contested hearing.
 If the violation is established, the court may revoke or continue his probation and modify the conditions
thereof. If revoked, the court shall order the probationer to serve the sentence originally imposed. An order
revoking the grant of probation or modifying the terms and conditions thereof shall not be appealable.

Termination of Probation
 After the period of probation and upon consideration of the report and recommendation of the probation
officer, the court may order the final discharge of the probationer upon finding that he has fulfilled terms and
conditions of his probation and thereupon, the case is deemed terminated.
 The final discharge of the probationer shall operate to restore to him all civil rights lost or suspended as a
result of his conviction and to fully discharge his liability for any fine imposed as to the offense for which
probation was granted.
 The probationer and the probation officer shall each be furnished with a copy of such order.

Confidentiality of Records
 The investigation reports and the supervision history of a probationer obtained shall be privileged and shall not
be disclosed directly and indirectly to anyone other than the Probation Administration or the court concerned,
except that the court, in its discretion, may permit the probationer or his attorney to inspect the aforementioned
documents or parts thereof whenever the best interest of the probationer makes such disclosure desirable or
helpful.
 Provided, further, that, any government office or agency engaged in the correction or rehabilitation of
offenders may, if necessary, obtain copies of said documents for its official use from the proper court or the
Administration.

Probation Administration
 created under the Department of Justice
 referred to as the Administration, which shall exercise general supervision over all probationers.
 The Administration shall have such staff, operating units and personnel as may be necessary for the proper
execution of its functions.

Probation Administrator
 The administration shall be headed by the Probation Administrator, hereinafter referred to as the Administrator,
who shall be appointed by the President of the Philippines
 He shall hold office having good behavior and shall not removed except for cause.

Regional Office; Regional Probation Officer

 who shall be appointed by President of the Philippines in accordance with the Integrated Reorganization Plan
and upon the recommendation of the Secretary of Justice.

Provincial and City Probation Officers

 There shall be at least one probation officer in each province and city who shall be appointed by the Secretary
of Justice upon recommendation of the Administrator and in accordance with civil service law and rules.

Probation Aides
 citizens of good repute and probity to act as probation aides appointed by Probation Administrator
 to assist the Provincial or City Probation Officers in the supervision of probationers.

Appointment:  Term of Office

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 Probation aides shall not receive any regular compensation for services except for reasonable travel
allowance
 Probation Aides so appointed may hold office during good behavior for a period of two (2) years,
renewable at the end of each period.
Caseload
 The maximum supervision caseloads of a Probation Aide at any given time, shall be ten (10)
probationers on minimum case classification or three (3) probationers on maximum case classification
in addition to other duties.
Volunteer Probation Aide (VPA) Program
 is a strategy by which the Parole and Probation Administration may be able to generate maximum
citizen participation or community involvement.
 Citizens of good standing in the community may volunteer to assist the probation and parole officers
in the supervision of a number of probationers, parolees and conditional pardonees in their respective
communities. Since they reside in the same community as the client, they are able to usher the
reformation and rehabilitation of the clients hands-on.
 In collaboration with the PPO, the VPA helps pave the way for the offender, victim and community to
each heal from the harm resulting from the crime done. They can initiate a circle of support for clients
and victims to prevent further crimes, thereby be participants in nation-building

Outside Travel
 A Probation Officer may authorize a probationer to travel outside his area of operational/territorial jurisdiction
for a period of more than (10) days but not to exceed thirty (30) days.
 A Probationer who seeks to travel up to thirty (30) days outside the operational/territorial jurisdiction of the
Probation Office shall file at least five (5) days before the intended travel schedule, a Request for Outside
Travel with said office properly recommended by the Supervising Probation Officer on case and approved by
CPPO.
 If the requested outside travel is for more than thirty (30) days, said request shall be recommended by the
CPPO and submitted to the Trial Court for approval.

Violation of Confidential Nature of Probation Records

 The penalty of imprisonment ranging from six months and one day to six years and a fine ranging from
hundred to six thousand pesos shall be imposed upon any person who violates the confidentiality of such
records

Early Termination
 The following probationers may be recommended for the early termination of their probation period:
a) Those who are suffering from serious physical and/or mental disability such as deaf-mute, the lepers,
the crippled, the bed-ridden, and the like;
b) Those who do not need further supervision, like consistent and religious compliance with all the
conditions imposed in the order granting probation; positive response to the programs of the
supervision designed to their rehabilitation, etc.
c) Those who have to travel abroad or render public office.

Termination of the Probation Supervision Case

 The probation supervision  period may be terminated on any of the following grounds:
a) Successful completion of probation;
b) Probation revocation for cause;
c) Death of the probationer;
d) Early termination of the probation; or
e) Analogous cause(s) or reason/s on a case-to-case basis as recommended by the Probation Office and
approved by the Trial Court.
PAROLE and EXECUTIVE CLEMENCY

“Parole”
 refers to the conditional release of an offender from a correctional institution after he has served the minimum
of his prison sentence;
“Executive Clemency”
 refers to Reprieve, Absolute Pardon, Conditional Pardon with or without Parole Conditions and Commutation
of Sentence as may be granted by the President of the Philippines;
“Reprieve”
 refers to the deferment of the implementation of the sentence for an interval of time; it does not annul the
sentence but merely postpones or suspends its execution;
 temporary stay of the execution of a sentence
“Commutation of Sentence”
 refers to the reduction of the duration of a prison sentence of a prisoner;
 a heavier or longer sentence is reduced to a lighter or shorter term
“Pardon”
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 A form of executive clemency granted by the President of the Philippines as a privilege extended to a convict
as a discretionary act of grace
“Conditional Pardon”
 refers to the exemption of an individual, within certain limits or conditions, from the punishment which the
law inflicts for the offense he had committed resulting in the partial extinction of his criminal liability;
“Absolute Pardon”
 refers to the total extinction of the criminal liability of the individual to whom it is granted without any
condition.
 It restores to the individual his civil and political rights and remits the penalty imposed for the particular
offense of which he was convicted;
“Amnesty”
 A special form of pardon exercised by the President
 A general pardon extended to a certain class of people who are usually political offenders
“Board”
 refers to the Board of Pardons and Parole;
“Executive Director”
 refers to the Executive Director/Secretary of the Board;
“Director”
 refers to the Director of the Bureau of Corrections;
“Penal Superintendent”
 refers to the Officer-In-Charge of the New Bilibid Prison, the Correctional Institution for Women and the
Prison and Penal farms of the Bureau of Corrections;
“Prison Record”
 refers to information concerning an inmate’s personal circumstances, the offense he committed, the sentence
imposed, the criminal case number in the trial and appellate courts, the date he commenced serving his
sentence, the date he was received for confinement, the place of confinement, the date of expiration of the
sentence, the number of previous convictions, if any, and his behavior or conduct while in prison;
“Carpeta”
 refers to the institutional record of an inmate which consists of his mittimus or commitment order issued by the
Court after conviction, the prosecutor’s information and the decisions of the trial court and the appellate court,
if any; certificate of non-appeal, certificate of detention and other pertinent documents of the case;
“Petitioner”
 refers to the prisoner who applies for the grant of executive clemency or parole;
“Parolee”
 refers to a prisoner who is released on parole;
“Pardonee”
 refers to a prisoner who is released on conditional pardon;
“Client”
 refers to a parolee/pardonee who is placed under supervision of a Probation and Parole Officer;
“Release Document”
 refers to the Conditional Pardon/Absolute Pardon issued by the President of the Philippines to a prisoner or to
the “Discharge on Parole” issued by the Board;
“Summary Report”
 refers to the final report submitted by the Probation and Parole Officer on his supervision of a
parolee/pardonee as basis for the latter’s final release and discharge;

THE BOARD OF PARDON AND PAROLE

 created by virtue of Act No. 4103 known as the Indeterminate Sentence Law (December 5, 1933)
 is an agency under the Department of Justice (DOJ), tasked to uplift and redeem valuable human resources to
economic usefulness and to prevent unnecessary and excessive deprivation of personal liberty by way of
parole or through executive clemency.
 is the administrative arm of the President of the Philippines in the exercise of his constitutional power to grant
reprieves, commutations and pardons
 The Board shall be composed of the Secretary as Chairman and six (6) members consisting of:
a) The Administrator of the Parole and Probation Administration as ex-officio member,
b) a sociologist,
c) a clergyman,
d) an educator,
e) a person with training and experience in correction work,
f) and a member of the Philippine Bar;
 Provided, that one of them is a woman.
 The members of the Board shall be appointed by the President upon the recommendation of the Secretary and
shall hold office for a term of six (6) years, without prejudice to reappointment.

The Board undertakes the following:

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1) Looks into the physical, mental and moral records of prisoners who are eligible for parole or any form of
executive clemency and determines the proper time of release of such prisoners on parole;
2) Assists in the full rehabilitation of individuals on parole or those under conditional pardon with parole
conditions, by way of parole supervision; and,
3) Recommends to the President of the Philippines the grant of any form of executive clemency to prisoners other
than those entitled to parole.

The BPP may grant parole under special considerations for the following considerations:
1) Old age, provided the inmate is below sixty (60) years of age when crime was committed;
2) Physical disability such as when the petitioner is bed-ridden, deaf-mute, a leper, cripple or blind, provided
such physical disability is not present when the crime was committed;
3) Serious illness duly certified by a government physician; and
4) Similar circumstances which show that continued imprisonment will be inhuman or will pose grave danger to
the life of the petitioner.
5) Aliens granted parole by the BPP shall be turned over to the Bureau of Immigration and Deportation for
disposition, documentation and appropriate order.

Review upon petition or referral by the correctional and/or other agencies:

 a parole case may be reviewed by the Board upon petition or referral by the correctional and/or other agencies
if inmate is not otherwise disqualified

Grant of Parole
 A prisoner may be granted parole whenever the Board finds that there is a reasonable probability that if
released, he will be law-abiding and that his release will not be incompatible with the interest and welfare of
society.

Disqualifications for Parole – parole shall not be granted to the following inmates:
1) Those convicted of offenses punished with death penalty, reclusion perpetua or life imprisonment;
2) Those convicted of treason, conspiracy or proposal to commit treason or espionage;
3) Those convicted of misprision of treason, rebellion, sedition or coup d' etat;
4) Those convicted of piracy or mutiny on the high seas or Philippine waters;
5) Those who are habitual delinquents, i.e., those who, within a period of ten (10) years from the date of release
from prison or last conviction of the crimes of serious or less serious physical injuries, robbery, theft, estafa,
and falsification, are found guilty of any of said crimes a third time or oftener;
6) Those who escaped from confinement or evaded sentence;
7) Those who having been granted conditional pardon by the President of the Philippines and violated any of the
terms thereof;
8) Those whose maximum term of imprisonment does not exceed one (1) year or those with definite sentence;
9) Those suffering from any mental disorder as certified by a government psychiatrist/psychologist
10) Those whose conviction is on appeal
11) Those who have pending criminal case/s

Transmittal of Carpeta and Prison Record

 The Director or Warden concerned shall send a prisoner’s prison record and carpeta to the Board at least one
(1) month prior to the date when his case shall be eligible for review.
Notice to offended Party
 in addition to the publication in a newspaper of national circulation, the Board shall notify the offended party
or, in the event that the offended party is unavailable for comment or otherwise cannot be located, the
immediate relatives of the offended party.
 Said persons shall be given thirty (30) days from notice within which to communicate their comment to the
Board regarding the contemplated grant of parole to the prisoner.
 Provided, that, in matters of extreme urgency or when the interest of justice will be served thereby, such notice
may be waived or dispensed with by the Board. 
 In such case, the Board shall explain the reason for the waiver of such notice in the Board resolution
recommending parole/executive clemency.

Parole Supervision
 The period of parole supervision shall extend up to the expiration of the maximum sentence which should
appear in the Release Document.

Initial Report
 Within the period prescribed in his Release Document, the parolee shall present himself to the Parole Officer
specified in the Release Document for supervision.
 If the parolee fails to report within forty five (45) days from the date of his release from prison or jail, the
Parole Officer shall inform the Board of such failure for appropriate action.

Arrival Report
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 Within fifteen (15) working days from the date when the parolee reported for supervision, the Parole Officer
concerned shall inform the Board, through the Technical Service of the Parole and Probation Administration,
the date the client reported for supervision.

Mandatory Conditions of Supervision

 It shall be mandatory for a client to comply with the terms and conditions appearing in the Release Document

Review and Modification of Conditions

 The Board may, upon the recommendation of the Probation and Parole Officer, revise or modify the terms and
conditions appearing in the Release Document

Transfer of Residence
 A client may not transfer from the place of residence designated in his Release Document without the prior
written approval of the Regional Director subject to the confirmation by the Board

Outside Travel
 A Chief Parole Officer may authorize a parolee to travel outside his area of operational jurisdiction for a period
of not more than thirty (30) days.
 A travel for more than 30 days shall be approved by the Regional Director.

Travel Abroad and/ or Work Abroad

 Any parolee under active supervision/ surveillance who has no pending criminal case in any court may apply
for overseas work or travel abroad.
 However, such application for travel abroad shall be approved by the Parole and Probation Administration and
confirmed by the Board.

Death of client
 If a client dies during supervision, the Parole Officer shall immediately transmit a certified true copy of the
client’s death certificate to the Board recommending the closing of the case.
 However, in the absence of a death certificate, an affidavit narrating the circumstances of the fact of death
from the barangay chairman or any authorized officer or any immediate relative where the client resided, shall
suffice.

Reports
 The Probation and Parole Officer concerned shall submit the following reports to the Board:
a) Progress Report when a parolee commits another offense during the period of his parole supervision
and the case filed against him has not yet been decided by the court
b) Infraction Report when the parolee has been subsequently convicted of another crime;
c) Violation Report when a parolee commits any violation of the terms and conditions appearing in his
Release document or any serious deviation or non-observance of the obligations set forth in the parole
supervision program.

Arrest of Parolee
 Upon receipt of the infraction report, the BPP shall immediately order the arrest of the parolee.

Effect of Recommitment of Parolee

 The parolee who is recommitted to prison by the Board shall be made to serve the remaining unexpired portion
of the maximum sentence for which he was originally committed to prison.

Review of Case of Recommitted Parolee.

 The Board may consider the case of a recommitted parolee for the grant of a new parole after the latter shall
have served one-fourth (1/4) of the unserved portion of his maximum sentence.

Termination of Parole Supervision

 Summary Report – After the expiration of the maximum sentence of a parolee, the Probation and Parole
Officer concerned shall submit to the Board, through the Chief Probation and Parole Officer, a Summary
Report on his supervision of a parolee. The clearances from the police, court, prosecutor’s office and barangay
officials shall be attached to the Summary Report.

Certificate of Final Release and Discharge

 Upon receipt of the Summary Report, the Board shall, upon the recommendation of the Chief Probation and
Parole Officer that the parolee has substantially complied with all the conditions of his Release Document,
issue to the parolee a Certificate of Final Release and Discharge (CFRD).

Effect of Certificate of Final Release and Discharge

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 Upon the issuance of a Certificate of Final Release and Discharge, the parolee shall be finally released and
discharge from the conditions appearing in his release document. However, the accessory penalties of the law
which have not been expressly remitted therein shall subsist.

Transmittal of Certificate of Final Release and Discharge

 The Board shall forwarded a certified true copy of the Certificate of Final Release and Discharge to the
parolee, the Court which imposed the sentence, the Probation and Parole Officer concerned, the Bureau of
Corrections, the National Bureau of Investigation, the Philippine National Police, and the Office of the
President.

General Guidelines for Recommending

EXECUTIVE CLEMENCY

The President …has the plenary power to grant executive clemency, except on the following three (3) constitutional
limitations to wit:
1) In cases of impeachment;
2) In cases involving of election laws, rules and regulations as provided for in Section 5, Paragraph C, Article IX
of the 1987 Philippine Constitution without the favorable recommendation of the Commission on Elections;
and
3) In cases where the conviction is on appeal or has not become final and executor;

Consideration of Cases for Executive Clemency

 The Board may consider cases for executive clemency upon petition, or referral of the Office of the President.

Extraordinary circumstances
 The Board shall recommend to the President the grant of executive clemency when any of the following
extraordinary circumstances are present:
a) the trial court or appellate court in its decision recommended the grant of executive clemency for the
prisoner;
b) Under the peculiar circumstances of the case, the penalty imposed is too harsh compared to the crime
committed;
c) Evidence which the court failed to consider, before conviction, which would have justified an acquittal
of the accused;
d) Inmates who were over fifteen (15) years but under eighteen (18) years of age at the time of the
commission of the offense;
e) Inmates who are seventy (70) years old and above whose continued imprisonment is inimical to their
health as recommended by a physician of the Bureau of Corrections Hospital and certified under oath
by a physician designated by the Department of Health;
f) Inmates who suffer from serious, contagious or life-threatening illness/disease, or with severe physical
disability such as those who are totally blind, paralyzed, bedridden, etc., as recommended by a
physician of the Bureau of Corrections Hospital and certified under oath by a physician designated by
the Department of Health;
g) Alien inmates where diplomatic considerations and amity among nations necessitate review; and
h) Such other similar or analogous circumstances whenever the interest of justice will serve thereby.

Other circumstances
 When none of the  extraordinary circumstances enumerated exist, the Board may nonetheless review and/or
recommend to the President the grant of executive clemency to an inmate provided the inmate meets the
following minimum requirements of imprisonment:

A.  For Commutation of Sentence, the inmate should have served:

1) at least one-third (1/3) of the definite or aggregate prison terms;
2) at least one-half of the minimum of the indeterminate prison term or aggregate minimum of the indeterminate
prison terms;
3) at least ten (10) years for inmates sentenced to one (1) reclusion perpetua or one (1) life imprisonment, for
crimes/offenses not punished under R.A No. 7659 (An Act to impose Death Penalty on certain heinous crime)
and other special laws;
4) at least thirteen (13) years for inmates whose indeterminate and/or definite prison terms were adjusted to a
definite prison term of forty (40) years in accordance with the provisions of Art. 70, RPC;
5) at least fifteen (15) years for inmates convicted of heinous crimes/ offenses as defined in RA No. 7659 or other
special laws, committed on or after January 1, 1994 and sentenced to one (1) reclusion perpetua or one (1) life
imprisonment;
6) at least eighteen (18) years for inmates convicted and sentenced to reclusion perpetua or life imprisonment for
violation of RA NO. 6425 or RA NO. 9165; and for kidnapping for ransom or violation of the laws on
terrorism, plunder and transnational crimes;

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7) at least twenty (20) years for inmates sentenced to two (2) or more reclusion perpetua or life imprisonment
even if their  sentence were adjusted to a definite prison term of forty (40) years in accordance with the
provisions of Art. 70, RPC;
8) at least twenty-five (25) years for inmates originally sentenced to death penalty but which was automatically
reduced or commuted to reclusion perpetua or life imprisonment.

B.     For Conditional Pardon,

1) an inmate should have served at least one-half (1/2) of the maximum of the original indeterminate and/or
definite prison term.

Republic Act No. 7309

An Act Creating a Board of Claims under the Department of Justice for Victims of Unjust Imprisonment or Detention
and Victims of Violent Crimes and for other purposes. (March 30, 1992)

Who may File Claims. – The following may file claims for compensation before the Board:
1) any person who was unjustly accused, convicted and imprisoned but subsequently released by virtue of a
judgment of acquittal;
2) any person who was unjustly detained and released without being charged;
3) any victim of arbitrary or illegal detention by the authorities as defined in the Revised Penal Code under a final
judgment of the court; or
4) any person who is a victim of violent crimes. For purposes of this Act, violent crimes shall include rape and
shall likewise refer to offenses committed with malice which resulted in death or serious physical and/or
psychological injuries, permanent incapacity or disability, insanity, abortion, serious trauma, or committed
with torture, cruelly or barbarity.
Award Ceiling
 For victims of unjust imprisonment or detention, the compensation shall be based on the number of months of
imprisonment or detention and every fraction thereof shall be considered one month; Provided, however, That
in no case shall such compensation exceed One Thousand pesos (P1,000.00) per month.
 In all other cases, the maximum amount for which the Board may approve a claim shall not exceed Ten
thousand pesos (P10,000.00) or the amount necessary to reimburse the claimant the expenses incurred for
hospitalization, medical treatment, loss of wage, loss of support or other expenses directly related to injury,
whichever is lower. This is without prejudice to the right of the claimant to seek other remedies under existing
laws.
When to File Claims
 Any person entitled to compensation under this Act must, within six (6) months after being released from
imprisonment or detention, or from the date the victim suffered damage or injury, file his claim with the
Department, otherwise, he is deemed to have waived the same.
Filing of Claims by Heirs
 In case of death or incapacity of any person entitled to any award under this Act, the claim may be filed by his
heirs, in the following order:
a) by his surviving spouse, c) natural parents,
b) children, d) brother and/or sister.
Resolution of Claims
 The Board shall resolve the claim within thirty (30) working days after filing of the application.
 The Board shall adopt an expeditious and inexpensive procedure for the claimants to follow in order to secure
their claims under this Act.
Appeal
 Any aggrieved claimant may appeal, within fifteen (15) days from receipt of the resolution of the Board, to the
Secretary of Justice whose decision shall be final and executory.

Presidential Proclamation No. 551.

 Declaring the last week of October and every year thereafter as “National Correctional Consciousness
Week,” signed on 15 March 1995, by then President Fidel V. Ramos.
 in order to achieve the rehabilitation of offenders as embodied in Book IV, Title III, Chapter 8, Section 26, of
the Administrative Code of 1987, it is appropriate and necessary to raise the level of program standards and to
continuously create awareness for public participation in the re-socialization and reintegration of prisoners,
probationers, and parolees into society as productive and law-abiding citizens;

PERTAINING LAWS
P.D. No. 968, July 24, 1976
 Establishing a Probation System, appropriating funds therefor and for other purposes
 Known as “Probation Law of 1976”

Amending P.D. No. 968

P.D. No. 1257 – December 1, 1977
BP No. 76 – June 13, 1980
P.D. No. 1990 – October 5, 1985
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Act No. 4103, December 5, 1933
 An Act to provide for an Indeterminate Sentence and Parole for all persons convicted of certain crimes by the
courts of the Philippine Islands; to create a Board of Indeterminate Sentence and to provide funds therefor; and
for other purposes.
 The Indeterminate Sentence Law

Amending Act No. 4103

Act No. 4225; Republic Act No. 4203 - June 19, 1965

Republic Act No. 6036, August 4, 1969

 An act providing that bail shall not, with certain exceptions, be required in cases of violations of municipal or
city ordinances and in criminal offenses when the prescribed penalty for such offenses is not higher than
arresto mayor and/or a fine of two thousand pesos or both.
 otherwise known as the “Law on Release on Recognizance”, which places under the custody of prominent
persons in the community for those who cannot post bail.
 bail shall not be required of a person charged with violation of a municipal or city ordinance, a light felony
and/or a criminal offense the prescribed penalty for which is not higher than six months imprisonment and/or a
fine of two thousand pesos, or both, where said person has established to the satisfaction of the court or any
other appropriate authority hearing his case that he is unable to post the required cash or bail bond, except in
the following cases:
(a) When he is caught committing the offense in flagranti;
(b) When he confesses to the commission of the offense unless the confession is later repudiated by him in
a sworn statement or in open court as having been extracted through force or intimidation;
(c) When he is found to have previously escaped from legal confinement, evaded sentence, or jumped
bail;
(d) When he is found to have previously violated the provisions of Section 2 hereof;
(e) When he is found to be a recidivist or a habitual delinquent or has been previously convicted for an
offense to which the law or ordinance attaches an equal or greater penalty or for two or more offenses
to which it attaches a lighter penalty;
(f) When he commits the offense while on parole or under conditional pardon; and
(g) When the accused has previously been pardoned by the municipal or city mayor for violation of
municipal or city ordinance for at least two times.
 Instead of bail, the person charged with any offense contemplated by Section 1 hereof shall be required to sign
in the presence of two witnesses of good standing in the community a sworn statement binding himself,
pending final decision of his case, to report to the Clerk of the Court hearing his case periodically every two
weeks.
 The Court may, in its discretion and with the consent of the person charged, require further that he be placed
under the custody and subject to the authority of a responsible citizen in the community who may be willing to
accept the responsibility.
 In such a case the affidavit herein mentioned shall include a statement of the person charged that he binds
himself to accept the authority of the citizen so appointed by the Court. The Clerk of Court shall immediately
report the presence of the accused person to the Court. Except when his failure to report is for justifiable
reasons including circumstances beyond his control to be determined by the Court, any violation of this sworn
statement shall justify the Court to order his immediate arrest unless he files bail in the amount forthwith fixed
by the Court.

Republic Act No. 6127, June 17, 1970

 An Act amending Article 29 of the Revised Penal Code, to give full time credit under certain conditions to
offenders who have undergone preventive imprisonment (detention prisoners) in the service of their sentences.

Batas Pambansa Bilang 85, September 20, 1980

 An Act authorizing the release of any offender or accused who has undergone preventive imprisonment equal
to or more than the possible maximum imprisonment to which he may be sentenced by amending the Revised
Penal Code.

Republic Act No. 10159, April 10, 2012

 An Act Amending Article 39 of Act No. 3815, as amended, otherwise known as the “Revised Penal Code”.
 Amendment on Art 39 of Revised Penal Code on Subsidiary Penalty. Instead of P8.00, it is now P426.00. (at
the rate of one day for each amount equivalent to the highest minimum wage rate prevailing in the Philippines
at the time of the rendition of judgment of conviction by the trial court)
 If the convict has no property with which to meet the fine mentioned in paragraph 3 of the next preceding
article, he shall be subject to a subsidiary personal liability at the rate of one day for each amount equivalent to
the highest minimum wage rate prevailing in the Philippines at the time of the rendition of judgment of
conviction by the trial court, subject to the following rules:
a) If the principal penalty imposed be prision correctional or arresto and fine, he shall remain under
confinement until his fine referred in the preceding paragraph is satisfied, but his subsidiary

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imprisonment shall not exceed one-third of the term of the sentence, and in no case shall it continue
for more than one year, and no fraction or part of a day shall be counted against the prisoner.
b) When the principal penalty imposed be only a fine, the subsidiary imprisonment shall not exceed six
months, if the culprit shall have been prosecuted for a grave or less grave felony, and shall not exceed
fifteen days, if for a fight felony.
c) When the principal penalty imposed is higher than prision correctional, no subsidiary imprisonment
shall be imposed upon the culprit.
d) If the principal penalty imposed is not to be executed by confinement in a penal institution, but such
penalty is of fixed duration, the convict, during the period of time established in the preceding rules,
shall continue to suffer the same deprivations as those of which the principal penalty consists.
e) The subsidiary personal liability which the convict may have suffered by reason of his insolvency shall
not relieve him from the fine in case his financial circumstances should improve."

Republic Act No. 10389

 An Act providing institutionalizing recognizance as a mode of granting the release of an indigent person in
custody as an accused in a criminal case and for other purposes.
 Recognizance Act of 2012
 Passed by legislative body on December 19, 2012 and was approved on March 14, 2013
 It is the declared policy of the State to promote social justice in all phases of national development, including
the promotion of restorative justice as a means to address the problems confronting the criminal justice system
such as protracted trials, prolonged resolution of cases, lack of legal representation, lack of judges, inability to
post bail bond, congestion in jails, and lack of opportunity to reform and rehabilitate offenders. In consonance
with the principle of presumption of innocence, the 1987 Philippine Constitution recognizes and guarantees
the right to bail or to be released on recognizance as may be provided by law. In furtherance of this policy, the
right of persons, except those charged with crimes punishable by death, reclusion perpetua, or life
imprisonment, to be released on recognizance before conviction by the Regional Trial Court, irrespective of
whether the case was originally filed in or appealed to it, upon compliance with the requirements of this Act, is
hereby affirmed, recognized and guaranteed.

Recognizance
 is a mode of securing the release of any person in custody or detention for the commission of an
offense who is unable to post bail due to abject poverty. The court where the case of such person has
been filed shall allow the release of the accused on recognizance as provided herein, to the custody of
a qualified member of the barangay, city or municipality where the accused resides.
Duty of the Courts.
 For purposes of stability and uniformity, the courts shall use their discretion, in determining whether an
accused should be deemed an indigent even if the salary and property requirements are not met. The courts
may also consider the capacity of the accused to support not just himself/herself but also his/her family or
other people who are dependent on him/her for support and subsistence.
 Other relevant factors and conditions demonstrating the financial incapacity of the accused at the time that
he/she is facing charges in court may also be considered by the courts for the purpose of covering as many
individuals belonging to the marginalized and poor sectors of society.

Release on Recognizance as a Matter of Right Guaranteed by the Constitution.

 The release on recognizance of any person in custody or detention for the commission of an offense is a matter
of right when the offense is not punishable by death, reclusion perpetua, or life imprisonment: Provided, That
the accused or any person on behalf of the accused files the application for such:
(a) Before or after conviction by the Metropolitan Trial Court, Municipal Trial Court, Municipal Trial
Court in Cities and Municipal Circuit Trial Court; and
(b) Before conviction by the Regional Trial Court: Provided, further, That a person in custody for a period
equal to or more than the minimum of the principal penalty prescribed for the offense charged, without
application of the Indeterminate Sentence Law, or any modifying circumstance, shall be released on
the person’s recognizance.

Requirements.
 The competent court where a criminal case has been filed against a person covered under this Act shall, upon
motion, order the release of the detained person on recognizance to a qualified custodian: Provided, That all of
the following requirements are complied with:
(a) A sworn declaration by the person in custody of his/her indigency or incapacity either to post a cash
bail or proffer any personal or real property acceptable as sufficient sureties for a bail bond;
(b) A certification issued by the head of the social welfare and development office of the municipality or
city where the accused actually resides, that the accused is indigent;
(c) The person in custody has been arraigned;
(d) The court has notified the city or municipal sanggunian where the accused resides of the application
for recognizance. The sanggunian shall include in its agenda the notice from the court upon receipt and
act on the request for comments or opposition to the application within ten (10) days from receipt of

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the notice. The action of the sanggunian shall be in the form of a resolution, and shall be duly
approved by the mayor,

Disqualifications for Release on Recognizance.

 Any of the following circumstances shall be a valid ground for the court to disqualify an accused from availing
of the benefits provided herein:
(a) The accused bad made untruthful statements in his/her sworn affidavit prescribed under Section 5(a);
(b) The accused is a recidivist, quasi-recidivist, habitual delinquent, or has committed a crime aggravated
by the circumstance of reiteration;
(c) The accused had been found to have previously escaped from legal confinement, evaded sentence or
has violated the conditions of bail or release on recognizance without valid justification;
(d) The accused had previously committed a crime while on probation, parole or under conditional
pardon;
(e) The personal circumstances of the accused or nature of the facts surrounding his/her case indicate the
probability of flight if released on recognizance;
(f) There is a great risk that the accused may commit another crime during the pendency of the case; and
(g) The accused has a pending criminal case which has the same or higher penalty to the new crime he/she
is being accused of.1âwphi1

Qualifications of the Custodian of the Person Released on Recognizance.

 Except in cases of children in conflict with the law as provided under Republic Act No. 9344, the custodian of
the person released on recognizance must have the following qualifications:
(a) A person of good repute and probity;
(b) A resident of the barangay where the applicant resides;
(c) Must not be a relative of the applicant within the fourth degree of consanguinity or affinity; and
(d) Must belong to any of the following sectors and institutions: church, academe, social welfare, health
sector, cause-oriented groups, charitable organizations or organizations engaged in the rehabilitation of
offenders duly accredited by the local social welfare and development officer.
 If no person in the barangay where the applicant resides belongs to any of the sectors and institutions listed
under paragraph (d) above, the custodian of the person released on recognizance may be from the qualified
residents of the city or municipality where the applicant resides.

Duty of the Custodian.

 The custodian shall undertake to guarantee the appearance of the accused whenever required by the court. The
custodian shall be required to execute an undertaking before the court to produce the accused whenever
required. The said undertaking shall be part of the application for recognizance. The court shall duly notify,
within a reasonable period of time, the custodian whenever the presence of the accussed is required. A penalty
of six (6) months to two (2) years imprisonment shall be imposed upon the custodian who failed to deliver or
produce the accused before the court, upon due notice, without justifiable reason.

Role of the Probation Officer.

 Upon release of the person on recognizance to the custodian, the court shall issue an order directing the
Probation Office concerned to monitor and evaluate the activities of such person. The Probation Office
concerned shall submit a written report containing its findings and recommendations on the activities of the
person released on recognizance on a monthly basis to determine whether or not the conditions for his/her
release have been complied with. The prosecution including the private complainant, if any, shall be given a
copy of such report.

Arrest of a Person Released on Recognizance.

 The court shall order the arrest of the accused, who shall forthwith be placed under detention, due to any of the
following circumstances:
(a) If it finds meritorious a manifestation made under oath by any person after a summary healing, giving
the accused an opportunity to be heard;
(b) If the accused fails to appear at the trial or whenever required by the abovementioned court or any
other competent court without justification, despite due notice;
(c) If the accused is the subject of a complaint for the commission of another offense involving moral
turpitude and the public prosecutor or the mayor in the area where the offense is committed
recommends the arrest to the court; or
(d) If it is shown that the accused committed an act of harassment such as, but not limited to, stalking,
intimidating or otherwise vexing private complainant, prosecutor or witnesses in the case pending
against the accused: Provided, That upon the issuance by the court of such order, the accused shall
likewise become the proper subject of a citizen’s arrest pursuant to the Rules of Court.

No Release on Recognizance After Final Judgment or Commencement of Sentence; Exception.

 The benefits provided under this Act shall not be allowed in favor of an accused after the judgment has
become final or when the accused has started serving the sentence: Provided, That this prohibition shall not
apply to an accused who is entitled to the benefits of the Probation Law if the application for probation is made
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before the convict starts serving the sentence imposed, in which case, the court shall allow the release on
recognizance of the convict to the custody of a qualified member of the barangay, city or municipality where
the accused actually resides.

Republic Act No. 10575, May 24, 2013

 An Act Strengthening the Bureau of Corrections (BuCor) and providing funds therefor
 Known as “The Bureau of Correction Act of 2013”.

Republic Act No. 10592, May 29, 2013

 An Act amending Art. 29, 94, 97, 98 & 99 of Act No. 3815, as amended, otherwise known as the Revised
Penal Code
 ART. 29. Period of preventive imprisonment deducted from term of imprisonment
 ART. 94. Partial extinction of criminal liability.
Criminal liability is extinguished partially:
i. By conditional pardon;
ii. By commutation of the sentence; and
iii. For good conduct allowances which the culprit may earn while he is undergoing
preventive imprisonment or serving his sentence."
 ART. 97. Allowance for good conduct
 ART. 98. Special time allowance for loyalty.
 ART. 99. Who grants time allowances

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