MODULE 1

CA 1

DFEINITION OF TERMS

PENOLOGY - study of punishment for crime or of criminal offenders. It includes the study of control and
prevention of crime through punishment of criminal offenders. The term is derived from the Latin word
“POENA” which means pain or suffering. Penology is otherwise known as Penal Science. It is actually a
division of criminology that deals with prison management and the treatment of offenders, and
concerned itself with the philosophy and practice of society in its effort to repress criminal activities.
(pag-aaral ng parusa para sa krimen o ng mga kriminal na nagkasala. Kabilang dito ang pag-aaral ng
pagkontrol at pag-iwas sa krimen sa pamamagitan ng pagpaparusa sa mga kriminal na nagkasala.
Ang termino ay nagmula sa salitang Latin na "POENA" na nangangahulugang sakit o pagdurusa. Ang
Penology ay kilala rin bilang Penal Science. Ito ay talagang isang dibisyon ng kriminolohiya na
tumatalakay sa pamamahala ng bilangguan at pagtrato sa mga nagkasala, at nag-aalala mismo sa
pilosopiya at kasanayan ng lipunan sa pagsisikap nitong supilin ang mga aktibidad na kriminal.)

Penal Management - Refers to the manner or practice of managing or controlling places of confinement
as in jails or prisons.

CORRECTION - A branch of the Criminal Justice System concerned with the custody, supervision and
rehabilitation of criminal offenders. It is that field of criminal justice administration which utilizes the
body of knowledge and practices of the government and the society in general involving the processes
of handling individuals who have been convicted of offenses for purposes of crime prevention and
control. It is the study of jail/prison management and administration as well as the rehabilitation and
reformation of criminals.
(Isang sangay ng Criminal Justice System na may kinalaman sa pag-iingat, pangangasiwa at
rehabilitasyon ng mga kriminal na nagkasala. Ito ang larangan ng pangangasiwa ng hustisyang
kriminal na gumagamit ng kalipunan ng kaalaman at kasanayan ng pamahalaan at ng lipunan sa
pangkalahatan na kinasasangkutan ng mga proseso ng paghawak sa mga indibidwal na nahatulan
ng mga pagkakasala para sa layunin ng pag-iwas at pagkontrol sa krimen. Ito ay ang pag-aaral ng
pamamahala at pangangasiwa ng kulungan/kulungan gayundin ang rehabilitasyon at repormasyon
ng mga kriminal.)
- It is a generic term that includes all government agencies, facilities, programs,
procedures, personnel, and techniques concerned with the investigation, intake, custody, confinement,
supervision, or treatment of alleged offenders.
(Ito ay isang pangkaraniwang termino na kinabibilangan ng lahat ng ahensya ng gobyerno, pasilidad,
programa, pamamaraan, tauhan, at pamamaraan na may kinalaman sa pagsisiyasat, pagkuha, pag-
iingat, pagkulong, pangangasiwa, o pagtrato sa mga pinaghihinalaang nagkasala.)

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.
(Ang pag-aaral at pagsasanay ng isang sistematikong pamamahala ng mga kulungan o mga
kulungan at iba pang mga institusyong may kinalaman sa pag-iingat, paggamot, at rehabilitasyon ng
mga kriminal na nagkasala.)

Historical Perspective on Corrections

13th Century – Securing Sanctuary. In the 13th C, a criminal could avoid punishment by claiming
refugee in a church for a period of 40 days at the end of which time he has compelled to leave the realm
by a road or path assigned to him.
1468 (England) – Torture as a form of punishment became prevalent.
16th Century – Transportation of criminals in England, was authorized. At the end of the 16 th C,
Russia and other European Countries followed this system. It partially relieved overcrowding of prisons.
Transportation was abandoned in 1835.
17th C to late 18th C – Death Penalty became prevalent as a form of punishment.

GAOLS - (Jails) – pretrial detention facilities operated by English Sheriff.

Galleys – long, low, narrow, single decked ships propelled by sails, usually rowed by criminals. A type of
ship used for transportation of criminals in the 16th century.
Hulks – decrepit transport, former warships used to house prisoners in the 18 th and 19th century. These
were abandoned warships converted into prisons as means of relieving congestion of prisoners. They
were also called “floating hells”.

The Primary Schools of Penology

1. The Classical School – it maintains the “doctrine of psychological hedonism” or “free will”. That the
individual calculates pleasures and pains in advance of action and regulates his conduct by the result of
his calculations.
2. The Neo-classical School – it maintained that while the classical doctrine is correct in general, it
should be modified in certain details. Since children and lunatics cannot calculate the differences of
pleasures from pain, they should not be regarded as criminals, hence they should be free from
punishment.
3. The Positivist/Italian School – the school that denied individual responsibility and reflected non-
punitive reactions to crime and criminality. It adheres that crimes, as any other act, is a natural
phenomenon. Criminals are considered as sick individuals who need to be treated by treatment
programs rather than punitive actions against them.

Redress (Compensation) of a Wrong Act

Retaliation (Personal Vengeance) – the earliest remedy for a wrong act to any one (in the
primitive society). The concept of personal revenge by the victim’s family or tribe against the family or
tribe of the offender, hence “blood feuds” was accepted in the early primitive societies.
Fines and Punishment – Customs has exerted effort and great force among primitive societies.
The acceptance of vengeance in the form of payment (cattle, food, personal services, etc) became
accepted as dictated by tribal traditions.

EARLY CODES
Babylonian and Sumerian Codes
a. Code of King Hammurabi (Hammurabic Code) – Babylon, about 1990 BC, credited as the
oldest code prescribing savage punishment, but in fact, Sumerian codes were nearly one hundred years
older.
Roman and Greek Codes
a. Justinian Code– 6th C A.D. , Emperor Justinian of Rome wrote his code of law.
An effort to match a desirable amount of punishment to all possible crimes. However, the law did not
survive due to the fall of the Roman Empire but left a foundation of Western legal codes.
The Twelve Tables (XII Tabulae), (451-450 BC) – represented the earliest codification of Roman
law incorporated into the Justinian Code. It is the foundation of all public and private law of the Romans
until the time of Justinian. It is also a collection of legal principles engraved on metal tablets and set up
on the forum.

b. Greek Code of Draco – In Greece, the Code of Draco, a harsh code that provides the same punishment
for both citizens and the slaves as it incorporates primitive concepts (Vengeance, Blood Feuds).
The Greeks were the first society to allow any citizen to prosecute the offender in the name of
the injured party.

The Burgundian Code (500 A.D) – specified punishment according to the social class of
offenders, dividing them into: nobles, middle class and lower class and specifying the value of the life of
each person according to social status.

Early Codes (Philippine Setting)

The Philippines is one of the many countries that cane under the influence of the Roman Law.
History has shown that the Roman Empire reached its greatest extent to most of continental Europe
such as Spain, Portugal, French and all of Central Europe.
Eventually, the Spanish Civil Code became effective in the Philippines on December 7, 1889, the
“Conquistadores” and the “Kodigo Penal”(The Revised Penal Code today, 1930) was introduced by the
Spaniards promulgated by the King of Spain. Basically, these laws adopted the Roman Law principles
(Coquia, Principles of Roman Law, 1996).
Mostly tribal traditions, customs and practices influenced laws during the Pre-Spanish
Philippines. There were also laws that were written which includes:
a. The Code of Kalantiao (promulgated in 1433) – the most extensive and severe law that
prescribes harsh punishment.
b. The Maragtas Code (by Datu Sumakwel)

Early Prisons:
Mamertine Prison – the only early Roman place of confinement which is built under the main
sewer of Rome in 64 B.C
The most popular workhouse was the BRIDEWELL WORKHOUSE (1557) in London which was
built for the employment and housing of English prisoners.
Walnut Street Jail – originally constructed as a detention jail in Philadelphia. It was converted
into a state prison and became the first American Penitentiary.
Early prisons in the Philippines:
In 1847, the first Bilibid Prison was constructed and became the central place of confinement for
Filipino Prisoners by virtue of the Royal decree of the Spanish crown.
In 1936, the City of Manila exchanges its Muntinlupa property with the Bureau of Prisons
originally intended as a site for boys’ training school. Today, the old Bilibid Prison is now being used as
the Manila City Jail, famous as the “ Mayhalique Estate”.
Saint Bridget’s Well- England first house of correction

Hospicio De San Michelle- the fisrt home for a delinquent boys ever established. It was built by Pope
Clemet XI in Rome for housing of incorrigible youths under 20 years of age.

Underground Cistern-Use to detain offenders undergoing trial in some cases and to hold sentenced
offender where they were starved to death

Sing-Sing Prison- the shower baath was Gdgwtto constructed as to drop volume of water on the head
of the offender caused so much pain and extreme shock that prisoners immediately sank into comas
due to the shock and sudden drop in body temperature.

Alcatraz Prison- Openeed 1934 and closed on March 31 1963 but it was costly an operation. When it
closed it has 260 inmates. Presently a toursit destination in New York

The Two Rival Prison System in the History of Correction

A. The Auburn Prison System

• The prison system called the “Congregate System”.

• The prisoners are confined in their own cells during the night and congregate work in
shops during the day. Complete silence was enforced.

B. The Pennsylvania Prison System

• The prisons system called “Solitary System”.

• Prisoners are confined in single cells day and night where they lived, they slept, they ate
and receive religious instructions. Complete Silence was also enforced. They are
required to read the Bible.

Chateu D’ If- in 1524 a fortress was built on rocky islet near the french port of Marseilles. In 1850 it was
taken into use as a state prison for those convicted of serious political and religious crimes.

Maison De Force- was in Belgium the inmates were whipped and had to adhere to the rule of silenece
Custdy Oriented Prison- Prisoners \re punsihed by confining them only in their cells and isolating them
from the rest of the society

Treatment- Oriented Prison- It involved educational ,vocational , counseling and other services which
were made availbale to the inamte.

PUNISHMENT

It is the redress that the state takes against an offending member of society that usually involve
pain and suffering. It is also the penalty imposed on an offender for a crime or wrongdoing.

Ancient Forms of Punishment

1. Death Penalty – affected by burning, beheading, hanging, breaking at the wheels, pillory and
other forms of medieval executions.

2. Physical Torture – affected by maiming, mutilation, whipping and other inhumane or barbaric
forms of inflicting pain.

3. Social Degradation – putting the offender into shame or humiliation.

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.

Other similar forms of punishment like transportation and slavery.

Early Forms of Prison Discipline:

• Hard Labor - productive works.

• Deprivation – deprivation of everything except the bare essentials of existence

• Monotony – giving the same food that is “off” diet, or requiring the prisoners to perform drab or
boring daily routine.

• Uniformity – “ we treat the prisoners alike”. “ the fault of one is the fault of all”.

• Mass Movement – mass living in cell blocks, mass eating, mass recreation, mass bathing.

• Degradation – uttering insulting words or languages on the part of prison staff to the prisoners
to degrade or break the confidence of prisoners.

• Corporal Punishment – imposing brutal punishment or employing physical force to intimidate a

delinquent inmate.
• Isolation or Solitary Confinement – non-communication, limited news, “ the lone wolf”.

Contemporary Forms of Punishment:

1. Imprisonment – putting the offender in prison for the purpose of protecting the public against
criminal activities and at the same time rehabilitating the prisoners by requiring them to
undergo institutional treatment programs.

2. Parole - a conditional release of a prisoners after serving part of his/her sentence in prison for
the purpose of gradually re-introducing him/her to free life under the guidance and supervision
of a parole officer.

3. Probation – a disposition whereby a defendant after conviction of an offense, the penalty of

which does not exceed six years imprisonment, is released subject to the conditions imposed by
the releasing court and under the supervision of a probation officer.

4. Fine – an amount given as a compensation for a criminal act.

5. Destierro – the penalty of banishing a person from the place where he committed a crime,
prohibiting him to get near or enter the 25-kilometer perimeter.

JUSTIFICATIONS OF PUNISHMENT

1. Retribution – the punishment should be provided by the state whose sanction is violated, to
afford the society or the individual the opportunity of imposing upon the offender suitable
punishment as might be enforced. Offenders should be punished because they deserve it.

2. Expiation or Atonement – it is 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. Punishment is imposed to warn potential offenders that they can
not afford to do what the offender has done.

4. Incapacitation and Protection – the public will be protected if the offender has being held in
conditions where he can not harm others especially the public. Punishment is effected by
placing offenders in prison so that society will be ensured from further criminal depredations of
criminals.

5. Reformation or Rehabilitation – it is the establishment of the usefulness and responsibility of the

offender. Society’s interest can be better served by helping the prisoner to become law abiding
citizen and productive upon his return to the community by requiring him to undergo intensive
program of rehabilitation in prison.
THE AGE OF ENLIGHTENMENT

18th Century is a century of change. 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 Pioneers:

William Penn (1614-1718)

• He fought for religious freedom and individual rights.

• He is the first leader to prescribe imprisonment as correctional treatment for major offenders.

• He is also responsible for the abolition of death penalty and torture as a form of punishment.

Charles Montesquieu (Charles Louis Secondat, Baron de la Brede et de Montesquieu)

• (1689- 1755) A French historian and philosopher who analyzed law as an expression of justice.
He believe that harsh punishment would undermine morality and that appealing to moral
sentiments as a better means of preventing crime.

VOLTAIRE (Francois Marie Arouet)

• 1694- 1778) He was the most versatile of all philosophers during this period. He believes that
fear of shame was a deterrent to crime. He fought the legality-sanctioned practice of torture.

Cesare Bonesa, Marchese de Beccaria (1738-1794)

• He wrote an essay entitled “An Essay on Crimes and Punishment”, the most exiting essay on law
during this century. It presented the humanistic goal of law.

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.

• Bentham was the one who devise the ultimate PANOPTICAN PRISON – a prison that consists of a
large circular building containing multi cells around the periphery. It was never built.

John Howard (1726 – 1790)

• The sheriff of Bedforshire in 1773 who devoted his life and fortune to prison reform. After his
findings on English Prisons, he recommended the following: single cells for sleeping, segregation
of women, segregation of youth, provision of sanitation facilities, abolition of fee system by
which jailers obtained money from prisoners.
The Reformatory Movement:

1. Alexander Mocanochie – He is the Superintendent of the penal colony at Norfolk Island in

Australia (1840) who introduced the “Mark System”. A system in which a prisoner is required to
earn a number of marks based on proper department, labor and study in order to entitle him for
a ticket for leave or conditional release which is similar to parole.

2. Manuel Montesimos – 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.

3. Domets of France – established an agricultural colony for delinquent boys in 1839 providing
housefathers as in charge of these boys.

4. Sir Evelyn Ruggles Brise – The Director of the English Prison who opened the Borstal Institution
for young offenders. The Borstal Institution is considered as the best reform institution for
young offenders today.

5. Walter Crofton – He is the Director of the Irish Prison in 1854 who introduced the Irish system
that was modified from the Mocanochie’s mark system.

6. Zebulon Brockway – The Director of the Elmira Reformatory in New York (1876) who introduced
certain innovational programs like the following: training school type, compulsory education of
prisoners, casework methods, extensive use of parole, indeterminate sentence

The Elmira Reformatory is considered forerunner of modern penology because it had all
the elements of a modern system.

Juridical Conditions of Penalty

Punishment must be:

• Productive of suffering – without however affecting the integrity of the human personality.

• Commensurate with the offense – different crimes must be punished with different penalties
(Art. 25, RPC).

• Personal – the guilty one must be the one to be punished, no proxy.

• Legal – the consequence must be in accordance with the law.

• Equal – equal for all persons.

• Certain – no one must escape its effects.

• Correctional – changes the attitude of offenders and become law-abiding citizens.

• PENALTY - is defined as the suffering inflicted by the state against an offending member for the
transgression of law.

Duration of Penalties

• Death Penalty – Capital punishment

• Reclusion Perpetua – 20and one day to 40 years imprisonment

• life imprisonment- indivisible penalty, no definite period

• Reclusion Temporal – 12 years and 1 day to 20 years imprisonment

• Prision Mayor – 6 years and 1 day to 12 years

• Prision Correctional – 6 months and 1 day to 6 years

• Arresto Mayor – 1 month and 1 day to 6 months

• Arresto Menor – 1 day to 30 days

• Bond to Keep the Peace – discretionary on the part of the court.

IMPORTANT TERMS TO REMEMBER

1: CORRECTIONS

➢ A branch of the administration of the criminal justice system charged with theres possibility
for the custody supervision and rehabilitation of convicted offenders.
➢ It is the fourth and it is considered to be weakest pillar of the criminal justice in the Philippines
➢ It is considered to be the weakest pillar because of failure to deter individuals in committing
crimes as well as their formation of criminal offenders

2: CORRECTIONAL ADMINISTRATION
➢ Study of practice in systematic management concerned with the custody, treatment and
rehabilitation of criminal offenders.

3: CORRECTION AS A PROCESS
➢ Refers to the reorientation of the criminal offender to prevent him or her from repeating his
deviant (abnormal) or delinquent (criminal, felonious, wrong) actions without the necessary of
taking punitive actions but rather the introduction of individual measures of reformation.

4:CLASSIFICATION
➢ It is a method by which diagnosis, treatment ,planning and execution of treatment program
in individual case
➢ This of these refers to the assigning or grouping of offenders according to their sentence,
gender, age, nationality, health, criminal record, etc.

5: CRIMINAL JUSTICE SYSTEM

➢ It is the machinery used by a government to protect the society against criminality
and other peace and order problems.

6: CUSTODY
➢ Guarding and penal safe keeping
➢ The maintenance of care and protection accorded to people who by authority of law are
temporarily incarcerated (confined, imprison, locked up..) for violation of laws and also those
who were sentenced by the court to serve judgment.

7: CONTROL
➢ Control involves supervision of prisoners to insure punctual and orderly movement to and
from the dormitories ,place of work , church, hospitals recreational facilities ,in accordance with
the daily schedules .

8: COUNSELLING
➢ It Is defined as a relationship in which one endeavors to help another and solve his problem
of adjustment it is distinguished from advice and admonition in that it implies mutual consent .

9: CASE WORK
➢ In correctional work includes the professional service rendered by professionally trained
personnel in the description and social treatment of offenders .

10: CONTRABAND
➢ Is anything found in the possession of the prisoner contrary to rules and regulation

11: DISCIPLINE
➢ It 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.

12 INSTITUTION-BASED CORRECTION 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 facilities
based on these categorizations

13; DIVERSIFICATION
➢ The principle of separating homogenous type of prisoners that requires special treatment
and custody .
14: IMPRISONMENT
➢ The process putting of offenders in prison for the purpose of protecting the public and at the
same time rehabilitating them by requiring the latter to undergo institutional treatment Program

15: MORALE
➢ Is the mental condition of individuals or group regarding courage ,zeal, hope and confidence
in the present principle and way of life

16: PENOLOGY
➢ The study of punishment for the crime or of the criminal offenders
➢ Is a term derived from the latin word POENA which means pain or suffering
➢ Otherwise known as Penal science
➢ Can be defined as the division of criminology that deals with the prison management and
treatment of offenders and concerned itself with the philosophy and practice of society in its
effort to repress criminal activities

17:PUNISHMENT
➢ It is the redress that the state takes against an offending members for the transgression of
law .

18: PENALTY
➢ The suffering that the state takes against the offending members for the transgression of
law .

19: PENAL MANAGEMENT

➢ It is the manner or practice or controlling places of confinement like jails or prison

20: PROSELYTIZING
➢ The act of prisoner trying to convert or induce another to change his religious belief, sect or
the like to another

21: CONTRABAND
➢ Any article, item or thing prohibited by law and /or forbidden by jail rules

22; DETAINEE
➢ A person accused before a court or competent authority who is temporarily confined in jail
while undergoing investigation or waiting for final judgment.

23: ESCAPE
➢ An act of getting out unlawfully from confinement or custody by an inmate

24: INMATE
➢ It refers to either a prisoner or detainee confined in jail

25: PRISONER
➢ An inmate who was convicted by final judgment and classified as insular, city or Municipal .

26: 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
27: COMMITMENT ORDER
➢ A written order of the court or any other competent authority consigning an offender to jail or
prison for confinement

28: SAFE KEEPING

➢ The temporary custody of a person for his own protection .safety or care and his security
from harm ,injury
➢ shall refer to the act that ensures the public (including families of inmates and their
victims) that national inmates are provided with their basic needs, completely incapacitated from
further committing criminal acts, and have been totally cut off from their criminal networks (or
contacts in the free society) while serving sentence inside the premises of the national
penitentiary.
➢ This act also includes protection against illegal organized armed groups which have
the capacity of launching an attack on any prison camp of the national penitentiary to rescue
their convicted comrade or to forcibly amass firearms issued to prison guards.

29; SUBSIDIARY IMPRISONMENT

30: INSOLVENT
➢ A convicted offender who cannot pay a fine that is imposed upon him
31; INSTRUMENT FO RESTRAINT
➢ A device contrivance ,tool, or instrument use to hold back ,keep in check or control an
inmate ,e.g handcuffs, leg irons

32: OPERATION GREYHOUND

➢ Operation conducted by the BJMP wherein prisoner may be checked at any time ,His
beddings ,lockers and personal belongings may be opened at any time .in his presence
,whenever possible

33: CONJUGAL VISIT

➢ A privilege of a married male prisoner is visited by his wife and they are granted time for
their marital sexual obligation

34: HALF WAY

➢ These are group homes designed to help institutionalized people adjust to life in the outside
community

35; CARPETA
➢ Inmate record or jacke, it contains the personal and criminal records of the inmate.

36; STRIP SEARCH

➢ A practice of searching a person for weapons or other contraband suspected of being hidden
on their body or inside their clothing, and not found by performing a frisk search by requiring the
person to remove some or all of his or her clothing the search may involve an official performing
an inmate person search and inspecting their personal effects and body cavities
(mouth,vogina,anus etc) A strip search is more intrusive than a frisk and requires legal authority
.Regulations covering strip searches vary considerably and may be mandatory in some situations
or discretionary in others .
37; SHAKE DOWN
➢ Examination of an inmate for contraband before admission

38; CONVICTION
➢ (Criminal law) a final judgment of guilty in a criminal and punishment that is imposed

39; CONVICTION. GUILTY VERDICT

➢ An act finding some body guilty of a crime or an instance of being found guilty

40: REHABILITATION
➢ The task of changing an offenders attitude so that he or she may not be commit Another
crime in the future

41: REINTEGRATION
➢ This refers to phased reentry into society rather than the usual abrupt re- entry at the end of
a prison sentence

42: QUASI RECIDIVIST

➢ Any person who shall commit a felony after having been convicted by final judgment before
beginning to serve such sentence or while serving the same ,shall be punished by the maximum
period of the penalty prescribed by law for the new felony.

43: HABITUAL CRIMINAL

➢ A person is deemed to be a habitual criminal if within the period of 10 years from the date of
his released or last conviction of the crime of serious or less serious physical injury ,robbery
,theft estafa or falsification ,he is found guilty of any of said crimes a third time or oftener

44: RECIDIVIST
➢ One who at the time of his trial for one crime shall have been previously convicted by final
judgment of another crime embraced in the same title of the Revised Penal code)

45: REFORMATION
➢ which is the rehabilitation component of the BuCor's present corrections system, shall refer
to the acts which ensure the public (including families of inmates and their victims) that released
national inmates are no longer harmful to the community by becoming reformed individuals
prepared to live a normal and productive life upon reintegration to the mainstream society.

46; SHOT DRILL

➢ One form of punishment inflicted on prisoners ,which simply involved carrying heavy loads
from one place to another and then returned to the same place over and over again every day

47: TREADMILL
➢ Another method devise used to make the prisoner suffer where the prisoner is continually
made to continually climb stairs. Prisoners are made to climb this treadmill continually during the
day time with prisoner logging up into 14,ooo feet of stairs per day or the equivalent of three to
four stiff mountains climbed per day
THE BUREAU OF CORRECTIONS

Bureau of Prisons was renamed ,Bureau of corrections under Executive Order 292
passed during the Aquino administration .it states that the head of the Bureau of correction is the
director of prison who is appointed by the president of the Philippines with the confirmations of
commission on appointments . The Bureau of Correction has general Supervision and control
of all National and Provincial prisons or penitentiaries .It is charged with the safe keeping of
all insular prisoners confined therein or committed to the custody of the bureau
Inmates of the Bureau of Corrections are classified according to the following:

1) Detainee- those whose cases are or have other pending cases

2) Third class inmate .those who have been previously committed as a sentenced
prisoner for three times or more except cases involving nonpayment of fines or those classification
were reduced from a higher class.

3) Second class inmate –newly arrived inmates committed for the first time, or demoted
from a higher class or promoted from a lower class

4) First class inmate – one whose known character and credit for work while still in
detention earned classification to this class or one who was promoted from lower class and

5) Colonist- a classified first class inmate for at least one year immediately preceding his
classification as such and has served with good conduct, at least one fifth of his maximum
sentence ,or has served seven years in case of life sentence.

THE PHILIPPINE PRISON SYSTEM

1: In 1847, the construction of Bilibid Prison started .this institution become the central place of
confinement for Filipino prisoners .Prior to establishment of Bilibid prison Prisoners were
confined in jails under the jurisdiction of commandancias where law enforcement units were
stationed ,Commandancias were established in practically every province of the country .

2: In 1865, the Bilibid Prison was opened by virtue of a Royal Decree.

3: In 1936, the city of Manila exchanges its Muntinlupa property of 552 hectares with that of the
Bureau of Prison lot in manila : This Muntinlupa estate was originally intended as a site for the
boys training school ,but because it is far from Manila .the city government of Manila preferred
the site of the Old Bilibid prison. Famous as the May Halique state. And the oldest prison in
the Philippines is the fort Santiago.

NATIONAL PENITENTIARIES (Bureau of Corrections) ORGANIZATION

The Bureau of Corrections is under the Department of Justice. It is headed by the

Director of Corrections, who is authorized to exercise command, control and direction of the
following prison facilities and staff offices:

PRISON FACILITIES AND THEIR FUNCTIONS

There are seven (7) correctional facilities of the Bureau of Corrections, which are
located all over the country, administered by its Penal Superintendent.
1: THE NEW BILIBID PRISON (NBP) It is located in Muntinlupa, Cityl. This is where the Bureau
of Corrections Central Office is collocated. Within the complex are three (3) security camps
administered by a Penal Superintendent and assisted by an Assistant Superintendent in each
Camp. The three security camps are:

a) The Maximum Security Compound is for prisoners whose sentences are 20 years and
above, life termers or those under capital punishment, those with pending cases, those under
disciplinary punishment, whose cases are on appeal, those under detention and those that
do not fall under medium and minimum-security status.

b) The Medium Security Camp is for prisoners whose sentences are below 20 years
(computed from the minimum sentence per classification interpretation) and those
classified for colony assignment.
c) The Minimum Security Compound is an open camp with less restrictions and regimentation.
This is for prisoners who are 65 years old and above, medically certified as invalids and for
those prisoners who have six months or less to serves before they are released from prison.
Today the new Bilibid Prison operates two satellite Units ,namely,

a) The Bukang Liwayway Camp- it houses the minimum security prisoners.who work in the
various project of the institution
b) The Sampaguita Camp- it is located in Reception and Diagnostic Center and houses the
Medium security Unit and the Youth Rehabilitation Center.

Note the New Bilibid Prison is specialized in the industrial type of vocational training like
furniture shop ,shoe repairing auto mechanics, etc.

2: THE SAN RAMON PRISON AND PENAL FARM

In 1869,the authorities saw the need of establishing one prison separate from Bilibid for
those who fought the established government .So, San Ramon Prison and Penal Farm in the
southern tip of Zamboanga was established for the confinement of political offender.During
those days a rebel who was not shot was either sent to Guam or Marinas or to Zamboanga the
San Ramon Prison was named after its founder Ramon Blanco a Spanish captain in the Royal
Army . The San Ramon Prison has an area of 1.524.6 hectares .it houses the maximum, medium,
and minimum custody type of prisoners. The principal product of San Ramon Prison is copra
which is one of the biggest sources of income of the Bureau of Prison.

3: THE IWAHIG PENAL COLONYOn November 16 ,1904 ,foreman R.J. Shield with sixteen
prisoners left the Bilibid Prison by order of Governor forbes who was security of commerce and
police ,to establish the Iwahig Felony in Palawan .the idea was hatched on the suggestion of the
Governor Luke E wright who envisioned it to be an institution for incorrigibles .the first
contingent ,however ,revolted against the authorities .they hogtied their superintendent
,Mr,Madaras ,and could have killed him were it not for the timely succor of the Philippine Scouts
stationed in Puerto Prinsesa. When the Philippine commission, by virtue of Reorganization
act 1407 created the bureau of prison on November 1,1905 the authorities changed the policy
regarding Iwahig, so that instead of sending incorrigibles ,inmates who well behaved and
declared tractable were assigned to this colony . Today ,the Iwahig Penal colony enjoys the
reputation of being one of the best open institution in the world only mutual trust and
confidence between the wards and prison authorities keep them together there being no walls. At
present the Iwahig Penal colony is a minimum custody or open institution.it has an area of 36.000
hectares .the colony is divided into four sub colonies, namely:
1. Sta lucia sub colony
2. Inagawan sub colony
3. Montible sub colony
4. Central sub colony

The Iwahig Penal colony administer the Tagumpay settlement. The principal products
of the Iwahig Penal colony are rice, corn, copra, logs, minor forest product and cattle.

4: THE CORRECTIONAL INSTITUTION FOR WOMEN. In 1931, the correctional institution for
women was established on an 18 hectare piece of land in Mandaluyong Rizal by authority of Act
3579 which was passed on November 27 1929 . Prior to the establishment of this institution,
female prisoners were confined in one of the wings of Bilibid Prison. Later the position for a
female. Superintendent was created in 1934 .Today, the correctional Institution for women is an
institution under the Bureau of Prison ,managed by the female personnel ,except the perimeter
guard who are male .

Mandaluyong -The first correctional institution for women The institution conduct vocational
courses in dress making ,beauty culture, handicrafts, cloth weaving and slipper making.

Mindanao- it is the most recent facility organized in the bureau of correction s. it was only
inaugurated in September 18 2007, the second institution which was branched out from the first
and only penal establishment dedicated in rehabilitating female offenders, it is a satellite prison
facility under the supervision and direction of Davao prison and penal farm administration
pursuant to n administrative order issued by BuCor central office .caters female prisoners
sentence to suffer the penalty of 3 years I day and above and coming from the 26 provinces
comprising the six administrative regions in the whole Mindanao province.

5: THE DAVAO PENAL COLONYEstablished on January 21,1932 in accordance with Act No

3732 and Proclamation No 414 series of 1931 .the first contingent of prisoners that opened the
colony was led by General Paulino Santos its founder and the then director of Prison. the area
consist of 18.000 hectares. This is the combination of medium and minimum custody type of
institution The Davao Penal Colony manages the biggest abaca plantation in the whole country
The colony is divided into two sub colonies, namely.
(1)The Panabo sub colony and
(2)the kapalong- Sub colony each colony is headed by penal supervisor.

Note the colony also operates the Tanglaw Settlement

6: THE SABLAYAN PENAL COLONYANDFARM On Sept. 27 ,1954 the President of the

Philippines issued proclamation No 72 setting aside 16.000 hectares of the virgin lands in
Sablayan Occidental Mindoro for the Sablayan Penal colony . The first trail blazer was the
experience colony administrator from Iwahig Penal Colony headed by the assistant
superintendent of that colony Mr Candido Bagoisan .Today Sablayan penal colony enjoys of
being the youngest and fastest growing colony under the bureau This institution is an open or
minimum security type institution .it has an area of 16.408 .5 hectares .Rice is the principal
product of the colony

7:LEYTE REGIONAL PRISON (Abuyog Southern Leyte)

The Leyte Regional Prison, situated in Abuyog southern Leyte, was established a year
after the declaration of martial law in 1972 by virtue of Presidential Decree No 28. While its
plantilla and institutional plan were almost ideal, lack of funds made the prison unable to realize
its full potential and facilities are often below par compared with those of other established penal
farms.it has an inmate capacity of 500.it follows the same agricultural format as the main
correctional program in addition to some rehabilitation activities the prison admits convicted
offenders from region V1 and from the national penitentiary in Muntinlupa.

CORRECTIONAL CENTERS-A rehabilitation centers for youthful offenders whose ages ranges
from 9 to below 18 years of age to be committed to the care of the DSWD

Drug rehabilitation centers –these centers has been established for the treatment of drug
dependents the existing treatment and rehabilitation center is operated and maintained by the
NBI at Tagaytay City and being funded by the board

OLD BILIBID PRISON- Located in the May Halique estate in Oroquieta Street Sta.Crus,
Manila .Now known as Manila City Jail. with capacity of 600 prisoners.

THE RECEPTION AND DIOGNOSTIC CENTER. (RDC)

In line with the latest approach to treatment – the individualized or casework method –it is
necessary that prisoners must undergo a diagnostic examination, study and observation for the
purpose of determining the program of treatment and training best suited to their needs and the
institution to which they should be transferred. These processes take place in the Reception &
Diagnostic Center within the first sixty days of their commitment to prison. The Inmate Reception
and Diagnostic Center – is a prison facility within the Medium Security Camp Sampaguita
Compound of the New Bilibid Prison. It receives all newly committed national male prisoners
and it is the entry point of all incoming prisoners who will be subjected to
classification and distribution to the operating institutions. Con currently it has been charged with
the responsibility of providing education and training of inmates at the Medium Security
Compound of NBP.
BJMP OPERATIONAL MANUAL

Whereas, Republic Act No. 6975, otherwise known as the “Department of the Interior and Local
Government Act of 1990,” provides that the task of jail management and penology shall be the
responsibility of the Bureau of Jail Management and Penology (BJMP). As an institution, and
pursuant to the mandate earlier mentioned, the BJMP has defined through consultative and
participatory strategic planning sessions its vision, mission, powers, functions, values,
objectives and principles;

Whereas, in view of the number of challenges brought about by time and circumstances having
particular bearing on the bureau's operations, it behooves the BJMP to revisit its existing
Comprehensive Operations Manual make it more responsive to the bureau's mandate of
"Safekeeping and Development" of all district, city and municipal jail inmates;

Whereas, it has become imperative to ensure uniformity in the discharge of functions by all
BJMP personnel concerned; to ensure uniformity in the implementation BJMP policies, rules
and regulations; and to ensure uniformity in the treatment of inmates in BJMP-manned jails
including those over which BJMP may exercise operational jurisdiction, by virtue of a
Memorandum of Agreement (MOA);
NOW, THEREFORE, pursuant to Book IV of the Administrative Code of 1987, this second
edition of BJMP Comprehensive Operations Manual is hereby adopted for observance, and
guidance relative to ensuring humane safekeeping and development of inmates.

RULE I

GENERAL PROVISIONS

Section 1. MANDATE - The Bureau of Jail Management and Penology was created on January
2, 1991 pursuant to Republic Act 6975, replacing its forerunner, the Jail Management and
Penology Service of the defunct Philippine ConstabularyIntegrated National Police. The BJMP
exercises administrative and operational jurisdiction over all district, city and municipal jails. It
is a line bureau of the Department of the Interior and Local Government (DILG).

Section 2. VISION - The BJMP envisions itself as a dynamic institution highly regarded for its
sustained humane safekeeping and development of inmates.

Section 3. MISSION - The Bureau aims to enhance public safety by providing humane
safekeeping and development of inmates in all district, city and municipal jails.

Section 4. POWERS -The BJMP exercises supervision and control over all district, city and
municipal jails. As such, it shall ensure the establishment of secure, clean, adequately equipped
sanitary facilities; and ensure the provision of quality services for the custody, safekeeping,
rehabilitation and development of district, city and municipal inmates, any fugitive from justice,
or person detained awaiting or undergoing investigation or trial and/or transfer to the National
Penitentiary, and/or violent mentally ill person who endangers him/herself or the safety of
others as certified by the proper medical or health officer, pending transfer to a mental
institution.

Section 5. FUNCTIONS -In line with its mission, the Bureau endeavors to perform the following
functions:

a. to enhance and upgrade organizational capability on a regular basis; thus, making all BJMP
personnel updated on all advancements in law enforcement eventually resulting in greater
crime solution efficiency and decreased inmate population;

b. to implement strong security measures for the control of inmates;

c. to provide for the basic needs of inmates;

d. to conduct activities for the rehabilitation and development of inmates; and

e. to improve jail facilities and conditions.

Section 6. Vision, Mission, Objectives and Functions of Directorate for Operations

a. Vision – A Directorate that will be instrumental in the humane safekeeping of inmates.

b. Mission – To enhance jail management by formulating policies and guidelines on humane

safekeeping of inmates and ensure their compliance in all district, city and municipal jails.

c. Objectives

- To monitor the compliance by wardens with the different operational policies

and regulations set forth by the bureau;
- To help enhance the security and safety of the inmates as well as the jail facilities;
- To equip the personnel with the necessary skills in the effective management of
jail security and safekeeping of inmates.
- To ensure that the bureau complies with its directives pertaining to jail
operations; and
- To ensure that the bureau complies with the principles relative to use of
different international instruments in the humane treatment of inmates.

d. Functions

- Advises and assists the BJMP chief on matters relating to the formulation and
execution of correctional programs, particularly as regard organization, training,
operation and planning;
- Formulates and implements policies, guidelines, and programs relating to
security, custody, discipline and control of offenders;
- Conducts periodic inspection of jail facilities and supervision over jail facility
personnel; reviews matters concerning penology such as custody, security,
discipline and control of offenders; and ensures that the same are properly and
religiously implemented;
- Formulates plans, programs, policies and guidelines for the effective nationwide
implementation of rehabilitation programs and services for all inmates;
- Coordinates with private and government agencies and solicits their assistance
and support for rehabilitation programs in jails nationwide; and
- Performs such other functions as the BJMP chief may direct.
Section 7. DISTRICT JAIL - In large cities or a group of clustered municipalities, a district
jail headed by a district warden may be established.

Section 8. CITY AND MUNICIPAL JAILS - The BJMP operates and maintains city and municipal
jails, each headed by a city or municipal warden, as the case may be.

Section 9. CORE VALUES -The BJMP’s officers and staff are guided by the following core values:

a. Commitment - strong sense of dedication to the ideals of the organization and to

the public that it serves;

b. Respect for Human Rights - to promote and protect the rights of our fellow human
beings;

c. Efficiency/Competence - mastery of important skills for delivery of quality services;

d. Cooperation - willingness to share efforts in implementing plans and achieving goals;

and

e. Teamwork - the combined effective action of all personnel.

Section 10. OBJECTIVES -The broad objectives of the Bureau are the following:

a. To improve the living conditions of offenders in accordance with the accepted standards set
by the United Nations;

b. To enhance the safekeeping, rehabilitation and development of offenders in preparation for

their eventual reintegration into the mainstream of society upon their release; and

c. To professionalize jail services.

Section 11. PRINCIPLES - The following principles shall be observed in the implementation of the
preceding sections:

a. Humane treatment of inmates;

b. Observance of professionalism in the performance of duties; and

c. Multi-sectoral approach in the safekeeping and development of inmates can be strengthened

through active partnership with other members of the criminal justice system and global
advocates of corrections.
Section 12. DEFINITION OF TERMS - As used in this Manual, the following terms are defined:

Alcoholics - those inmates who suffer from alcoholism or those engaged in the
improper compulsive intake of alcohol which may result in physical, social and
behavioral problems.

Bisexual - are those inmates who have a sexual attraction or sexual behavior toward
both males and females, and may also encompass sexual attraction to people of any
gender identity or to a person irrespective of that person’s biological sex or gender.

Carpeta - otherwise known as “inmate record or jacket”, contains the personal and
criminal records of inmates, documents related to his/her incarceration such as but not
limited to: commitment order, subpoenas, personal identification, orders from the
court, and all other papers necessarily connected with the detention of an inmate.

Child or Children in Conflict with the Law (CICL), also known as “Youth Offender” - a
person under eighteen (18) years old who is alleged as, accused of or adjudged as
having committed an offense under the Philippine laws.

Chief Custodial Officer - is the personnel in-charge in the overall supervision of all custodial
functions.

City Jail - is a facility or a place of confinement for those inmates who are sentenced with a
penalty from (1) one day to three (3) year imprisonment.

Clustering of Jails - the designation of a municipal or city Jail as a facility for one or more
adjacent municipalities in order to maximize the utilization of personnel and other
resources. The “host” city or municipality is named as a district to accommodate inmates
from the municipalities clustered to it.

Commitment Order - a written order of the court, or any other agency authorized by
law to issue, entrusting an inmate to a jail for the purpose of safekeeping during the
pendency of his/her case.

Contraband - any article, item, or thing prohibited by law and/or forbidden by jail rules
that would pose as security hazards or endanger the lives of inmates.
Conjugal Visitation – refers to the visit by the wife for a short period, usually an hour,
more or less, to her incarcerated husband during which they are allowed privacy and
are generally understood to have sexual contact.

Detainee - a person who is accused before a court or competent authority and is

temporarily confined in jail while undergoing or awaiting investigation, trial, or final
judgment.

District Jail - is a facility or a place of confinement for inmates coming from a city or
clustered municipalities who are waiting or undergoing trial or serving sentence of one
(1) day to three (3) years.

Drug Dependents - are those inmates who have a psychological craving for habituation
to and abuse of or physiologic reliance on a chemical/drug substance.

Drug Users - are those inmates who take substances/drugs that can alter their body
and mind works.

Escape-Prone Inmates - are inmates who are likely and have the tendency to escape
from the jail facility.

Gay - is a male homosexual inmate, who experiences romantic love or sexual attraction
to fellow male inmates.

High Risk Inmates in BJMP Jails - are those considered as highly dangerous or with high
probability of escaping or being rescued because of the gravity of the crimes they are
accused of or have a propensity for being troublemakers or initiators of jail riots and
disturbance and who require a high degree of control and supervision. Particularly
included herein are those charged with heinous crimes, such as murder, terrorism,
kidnap for ransom, violation of R.A. No. 9165, the imposable penalty for which is from
life imprisonment to death, etc. These also include those who have a record of
escaping from jails, recidivists, habitual delinquents, and those with severe personality
or emotional disorders that make them dangerous to their fellow inmates or the jail
personnel.
High Profile Inmates in BJMP Jails - are those who are not necessarily charged with
heinous crimes but are prominent figures in society or public figures whose cases have
drawn public interest.

Infirmed Inmates - are those inmates who are physically or mentally weak for a prolonged
period of time specifically caused by age or illness.

Inmate - is the generic term used to refer to a detainee or prisoner.

Inmates with Disability - are those inmates who have an impairment that may be
physical, cognitive, mental, sensory, emotional, developmental, or some combination
of these.

Inmates with Other Nationalities - are those inmates who are foreign nationals.

Instrument of Restraint - a device, contrivance, tool or instrument used to hold back,

keep in, check or control inmates; e.g., handcuffs.

Jail - is a place of confinement for city and municipal detainees/prisoners, any fugitive
from justice, or person detained awaiting or undergoing investigation or trial and/or
pending transfer to the National Penitentiary, and/or violent, mentally ill person who
endangers him/herself or the safety of others, duly certified as such by the proper
medical or health officer, pending transfer to a mental institution.

Jail Aide – is an inmate who requires less supervision than other inmates. Although
he/she may be assigned special tasks, he/she has no special privileges, and is not
allowed to work alone nor exercise any authority over other inmates.

Jail Incident -any untoward or uncommon actions, events, or conditions such as jail
break, riot, noise barrage, stabbing or assault upon personnel that occurs in jail and
perpetrated by any person, which may or may not have followed or depended upon
another action of grave or serious consequences such as escape, injury, death, fire,
flood, earthquake, or other calamity which affects the jail.

Jailbreak - the escape from jail by more than two (2) inmates by the use of force,
threat, violence or deceit or by breaching security barriers such as by scaling the
perimeter fence, by tunneling and/or by other similar means or by burning or
destructing of the facility or a portion of the facility with or without the aid of jail
officer or any other person.

Jail escape - it is an act of leaving from jail of an inmate through unofficial and illegal ways
or without any legal order from the authorities.

Jail Warden - person charged with the overall operational and administrative control of jail.

Illegal Contraband- are those that are unlawful in themselves and not because of some
extraneous circumstances (i.e. dangerous drugs, weapons, potential weapons,
explosives).

Lesbian - is a female homosexual inmate, who experiences romantic love or sexual

attraction to fellow female inmates.

Mentally ill - are those inmates who suffer from mental illness and afflicted with or
exhibiting irrationality and mental unsoundness.

Mittimus Order - a warrant issued by a court bearing its seal and the signature of the
judge, directing the jail or prison authorities to receive inmates for the service of
sentence.

Municipal Jail - is a facility or a place of confinement for those who are sentenced with
a penalty for a term not exceeding six (6) month imprisonment.

Nuisance Contraband - are those that may not be classified as illegal under the
Philippine laws but are forbidden by jail rules i.e. cellphone, money or other
commodities of exchange such as jewelry, appliances and gadgets, excessive wearing
apparels and sleeping paraphernalia, intoxicating liquors, cigarettes, pornographic
materials, gambling paraphernalia and other products that are considered as
instruments for vices since they threaten the security, fire safety, sanitation of the
facility, and the orderly activities of the jail.

Offender - refers to a person who is accused of violating or transgressing laws and

ordinances passed by competent authorities in the Philippines.
Officer - in general, the term officer shall refer to all uniformed personnel of the BJMP;
when referring to rank, however, the term officer shall refer to those holding the rank
of jail inspector and above.

Penology - a branch of criminology dealing with jail management and administration of

inmates.

Pregnant Inmates - a female inmate bearing a developing embryo, fetus, or unborn

offspring within her body.

Prisoner - an inmate who is convicted by final judgment.

Provincial Jail – is a facility or a place of confinement for inmates who are sentenced
with imprisonment from six (6) months and (1) one to three (3) year imprisonment.

Provincial Jail Administrator - refers to the official duly designated to head the BJMP
Provincial Jail Administrator’s Office and to oversee the implementation of jail services
of all district, city and municipal jails within its territorial jurisdiction.

Reformation - means amending or improving by changing inmate's behavior or

removing his or her faults or abuse and removing or correcting an abuse a wrong or
error.

Regional Director - refers to the official duly designated to head the BJMP Regional
Office, to oversee the implementation of jail services within his/her jurisdiction
covering provincial jail administrator’s offices, district, city and municipal jails, and to
ensure the enforcement of laws and regulations related to the functions his or her
office as mandated of him or her.

Regional Office- means an office, which has administrative and operational control
over its provincial jail administrator’s offices, district, city and municipal jails.

Rehabilitation - a program of activity directed to restore an inmate’s selfrespect and

sense of responsibility to the community, thereby making him/her a law-abiding citizen
after serving his/her sentence.
Safekeeping - refers to the temporary custody of a person for his/her own protection
from the community he or she comes from, and for the community he or she comes
from.

Senior Citizens Inmates - are those inmates who have reached sixty years old, or those
who have retired from work, and those who generally belong to the "old age" bracket.

Sex Offenders - are those inmates who committed crimes involving sex, including rape,
molestation, pedophilia, sexual harassment and pornography production or
distributions.

Sexual Deviates - inmates who have a type of mental disorder characterized by a

preference for or obsession with unusual sexual practices, as pedophilia,
sadomasochism, or exhibitionism or inmates whose sexual practices are socially
prohibited.

Suicidal Inmates - are those inmates who have a tendency to commit suicide or to harm
themselves.

Transgender - are those inmates whose gender identity or gender expression does not match
with their innate sexual identity.

Transfer -the delivery, notwithstanding his/her or their appeal, of an inmate or inmates

sentenced to more than three (3) year imprisonment, from any BJMP manned jail to
any of the Bureau of Corrections (BuCor) prisons or penal farms or the delivery of an
inmate/s from BJMP-manned jail to another jail facility.

RULE II

COMMITMENT AND CLASSIFICATION OF PRISONERS AND DETAINEES

A person can be committed to jail only upon the issuance of an appropriate order by a
competent court or authority so mandated under Philippine laws. This Rule enumerates courts and
authorities, and classifies inmates according to the conditions for their commitment.
Section 13. COMMITMENT - means entrusting for the confinement of an inmate to a
jail by a competent court or authority, for the purposes of safekeeping during the pendency of
his/her case.

Section 14.COURTS AND OTHER ENTITIES AUTHORIZED TO COMMIT A PERSON TO

JAIL- The following (courts and entities) are authorized to commit a person to jail:

a. Supreme Court;
b. Court of Appeals;
c. Sandiganbayan;
d. Regional Trial Court;
e. Metropolitan/Municipal Trial Court;
f. Municipal Circuit Trial Court;
g. Congress of the Philippines; and
h. All other administrative bodies or persons authorized by law to arrest and commit a
person to jail.

Section 15.CLASSIFICATION - refers to assigning or to grouping of inmates according to their

respective penalty, gender, age, nationality, health, criminal records, etc.

Section 16.CATEGORIES OF INMATES -The two (2) general categories of inmates are:

a. Prisoner - inmate who is convicted by final judgment; and

b. Detainee - inmate who is undergoing investigation/trial or awaiting final judgment.

Section 17.CLASSIFICATION OF PRISONERS - The four (4) main classes of prisoners are:

a. Insular Prisoner - one who is sentenced to a prison term of three (3) years and one (1) day
to reclusion perpetua or life imprisonment;

b. Provincial Prisoner - one who is sentenced to a prison term of six (6) months and one (1) day
to three (3) years;

c. City Prisoner - one who is sentenced to a prison term of one (1) day to three (3) years; and

d. Municipal Prisoner - one who is sentenced to a prison term of one

(1) day to six (6) months.

Section 18.CLASSIFICATION OF DETAINEES - The three (3) classes of detainees are those:
a. Undergoing investigation;
b. Awaiting or undergoing trial; and
c. Awaiting final judgment.

Section 19. INMATES SECURITY CLASSIFICATION -The following are the classifications of
inmates according to security risk each may pose:

a. High Profile Inmate - those who require increased security based on intense media
coverage or public concern as a result of their offense such as but not limited to those
who have been involved in a highly controversial or sensationalized crime or those
who became prominent for being a politician, government official, multi-million
entrepreneur, religious or cause-oriented group leader and movie or television
personality.

b. High Risk Inmate - those who are considered highly dangerous and who require a
greater degree of security, control and supervision because of their deemed
capability of escape, of being rescued, and their ability to launch or spearhead acts
of violence inside the jail. This includes those charged with heinous crimes such as
murder, kidnapping for ransom, economic sabotage, syndicated or organized crimes,
etc. Also included are inmates with military or police trainings or those whose life is
in danger or under imminent threat.

c. High Value Target (HVT) - a target, either a resource or a person, who may either be
an enemy combatant, high ranking official or a civilian in danger of capture or death,
typically in possession of critical intelligence, data, or authority marked as an
objective for a mission and which a commander requires for the successful
completion of the same.

d. Security Threat Group - any formal or informal ongoing inmates’ group, gang,
organization or association consisting of three or more members falling into one of
the following basic categories: street gangs, prison gangs, outlaw gangs, traditional
organized crime, aboriginal gangs, subversive groups and terrorist organizations.

e. Subversive Group - a group of persons that adopts or advocates subversive principles

or policies tending to overthrow or undermine an established government.

f. Terrorist Group - a group of persons that commits any of the following: piracy and
mutiny in the high seas or in the Philippine waters, rebellion or insurrection, coup
d’état, murder, kidnapping and serious illegal detention, crimes involving
destruction, arson, hijacking, violation of laws on toxic substances and hazardous and
nuclear waste control, violations of atomic energy regulations, anti-piracy and
antihighway robbery, illegal and unlawful possession, manufacture, dealing in,
acquisition or disposition of firearms, ammunitions or explosives.
g. Violent Extremist Offender (VEO) - a person whose political or religious ideologies
are considered far outside the mainstream attitudes of the society or who violates
common moral standards and who has adopted an increasingly extreme ideals and
aspirations resorting to the employment of violence in the furtherance of his/her
beliefs.

h. Medium Risk Inmates -those who represent a moderate risk to the public and staff.
These inmates still require greater security, control and supervision as they might
escape from and might commit violence inside the jail.

i. Minimum Risk Inmates (Ordinary Inmates) - those inmates who have lesser
tendencies to commit offenses and generally pose the least risk to public safety. In
most cases, they may be first time offenders and are charged with light offenses.

Section 20. REQUIREMENTS FOR COMMITMENT - No person shall be committed to any

jail facility without the following required documents:

a. Commitment Order;
b. Medical Certificate - recent medical certificate taken within 24 hours prior to
admission;
c. Complaint/Information;
d. Police Booking Sheet; and
e. Certificate of Detention from PNP and/or NBI.

RULE III

RECEPTION AND RELEASING PROCEDURES, CLASSIFICATION BOARD, DISCIPLINARY BOARD

AND PUNISHABLE ACTS OF INMATES

One of the Guiding Principles of the United Nations Standard Minimum Rules for the
Treatment of Prisoners states that “Imprisonment and other measures which result in cutting off an
offender from the outside world are afflictive by the very fact of taking from a person the right of
self-determination by depriving him/her of his/her liberty. Therefore, the prison system shall not,
except as incidental to justifiable segregation or the maintenance of discipline, aggravate the
suffering inherent in such a situation”. Hence, a well-planned and organized reception of detainees
is critical to achieving this. The inmate’s first impression of the correctional process greatly
influences his/her attitude and behavior toward the custodial and rehabilitative regimens he/she
must undergo during confinement and perhaps, to some extent, affect his/her outlook and
adjustment after his/her release. This Rule provides guidance on the reception and disciplinary
aspects of jail management.

Section 21. RECEPTION PROCEDURES - A decent and humane program of confinement

starts with a systematic reception of inmates for commitment to the BJMP’s jail facilities. The
following procedures should therefore be observed:
A. Gater - He or she checks the credentials of the person bringing the inmate/the committing
officer to determine his/her identity and authority. Also, he or she reviews the
completeness of the following documents before the person bringing an inmate/the
committing officer is allowed to enter the facility. The documents mentioned earlier refer
to the:

1. Commitment Order;
2. Medical Certificate – recent medical certificate taken within 24 hours prior to admission;
3. Complaint/Information;
4. Police Booking Sheet; and
5. Certificate of Detention from PNP and/or NBI.

Additionally, the "gater" shall subject the person to be committed and his/her
escorts for search and inspection as prescribed. Finally, he or she (gater) refers the
person to be committed and his or her escorts to the Records Unit.

B. Records Unit- This unit examines the completeness and authenticity of the requirements
for Commitment (Commitment Order, Booking
Sheet, Arrest Report and Information) before it refers the inmate for physical examination
by the Health Unit.

C. Health Unit:

1. Checks the authenticity of the entries in the medical certificate; conducts

thorough physical examination of the inmate to determine his or her true
physical condition; and asks searching questions to determine injury/injuries
found to have been sustained by the inmate after the conduct of medical
examination or those injuries not diagnosed prior to commitment in jail. Inmate
is required to undress while undergoing medical examination. A female inmate
shall be examined by female health personnel. A male inmate may be examined
by either male or female health personnel;

2. In case of any discrepancy found during physical examination but same

discrepancy is not indicated in the medical certificate, the committing officer
shall be required to secure another medical certificate of the inmate. The
commitment of an inmate shall be held in abeyance pending the submission of
a new medical certificate with findings congruent to the medical findings of the
jail physician/nurse. The reason for the deferment of commitment shall be
recorded in the jail blotter. In case the committing officer fails to return the
inmate to jail within twenty-four (24) hours, the reasons for the deferment of
commitment and the grounds thereof shall be reported immediately to the court
that issued the commitment order;
3. In the absence of a jail nurse/medical personnel, the receiving officer shall refer
the person to be committed to the nearest government health facility for
medical evaluation (check the medical certificate and observe the mental
alertness, physical abnormalities and the overall appearance of the inmates);
and

4. If no discrepancy is found during physical examination, the inmate shall be

referred back to the Records Unit.

D. Records Unit -Receives the inmate and the documents from the committing officer and
conducts the following:

1. Start the booking procedures:

a. Accomplish the jail booking sheet;

b. Strip-search the inmate to check for any birth marks, tattoos, etc;
c. Encode the inmate's information to the NIMS;
d. Fingerprint and photograph the inmate with mug shot background; and
e. List the names of the visitors authorized by the inmate.

2. Apprise the inmate in a dialect that he/she understands of the provisions of Art
29 of the RPC which was further amended by R.A.
10592; (Refer to ANNEX “A”)

3. Facilitate the signing of the Detainee’s Manifestation if he/she agrees to abide

by the same disciplinary rules imposed upon convicted inmates. Otherwise, the
warden issues a certification under oath manifesting that the inmate was
apprised of the provision of Art 29 of the RPC as amended and refused to abide
by the same; and

4. Store all documents in the Inmate’s Carpeta.

E. Property Custodian

1. Checks the inmate’s belongings for presence of contraband. Discovery of any

contraband shall be treated in accordance with existing policies.

2. Takes all cash and other personal properties from the inmate, lists them down
on a receipt form with duplicate, duly signed by him/her and countersigned by
the inmate. The original receipt should be given to the inmate and the duplicate
be kept by the Property Custodian.

3. Keeps all cash and other valuables of the inmate in a safety vault. Said cash and
valuables may be turned over to any person authorized by the inmate.
4. Refers the inmate to the desk officer.

F. Desk Officer - books the newly committed inmate in the jail blotter; assigns the
inmate to a reception area, if any, where he/she shall be scheduled for orientation
on jail rules and regulation, and shall undergo risk assessment and classification,
evaluation and conduct of further medical evaluation/screening by the Medical
Officer.

G. Assistant Warden or Officer of the Day - Orients the newly committed inmates on
jail rules and regulations using the Inmate’s Orientation Sheet.

H. Jail Warden - Coordinates with concerned agencies regarding the case of inmate for
speedy disposition and to furnish them with copies of the available needed
documents. The jail warden shall see to it that all concerned agencies and persons
will be informed of the commitment of the inmate in his/her jail by submitting a
written report. Through his/her paralegal officer, he/she shall ensure that the courts
and prosecutors’ office are attending to the case of the inmate by constantly
coordinating with them for the purpose of speeding up the disposition of the case.
For this purpose, the sharing of nonconfidential information with the concerned
agencies is encouraged.

The following agencies/persons shall be notified by the warden upon commitment of the
inmate:

1. Presiding Judge - (monthly submission of list of committed

inmates to the presiding judge is mandatory) 2. Executive Judge/
Clerk of court - (monthly submission of
committed inmates is mandatory)

3. PNP - mandatory
4. NBI - mandatory
5. Family - mandatory
6. PAO lawyer - in case of indigent inmate
7. IBP legal aide - in case of indigent inmate and unavailability
of PAO lawyer
8. Private lawyer - upon request
9. Priest or religious
minister - upon request
10. Private physician - upon request
11. Commission on
Human Rights - as needed/to submit list of committed
inmates monthly
12. Public physician - as needed
13. Psychologist/
Psychiatrist - as needed
14. Embassy - mandatory in case of foreign national/alien
15. DSWD - mandatory in case of CICL
16. Court/
Other branches - in case of multiple cases

Section 22. CLASSIFICATION BOARD - Each jail shall maintain a classification board, if
facilities and personnel are available, to be composed of the following:

Chairperson - Assistant Warden

Member - Chief, Custodial/Security Office

Member - Medical Officer/Public Health Officer

Member - Jail Chaplain

Member - Inmates Welfare and Development Officer

Section 23. DUTIES AND FUNCTIONS OF THE CLASSIFICATION

BOARD - The Classification Board is tasked to conduct background investigation of inmates to

determine the cell assignment, the appropriate rehabilitative program, the type of supervision
and degree of custody and restrictions applicable to the inmate/s. The investigation shall focus
on the following:

a. Facts and data of the present case;

b. Inmate's recent criminal history and the facts about the inmate's attitudes and
behavior while confined in other institutions, if the inmate is a recidivist or a habitual
delinquent;
c. Biography or life history;
d. Medical History;
e. Vocational, recreational, educational and religious background/interests; and
f. Psychological characteristics as evaluated by the psychiatrist and psychologist.

The inmate is required to appear before the Classification Board for validation of
his/her profile. Upon completion of the classification assessment, the inmate is then apprised
of his/her cell assignment and welfare programs appropriate for him/her. He/she is asked if
he/she is willing to undergo this program for his/her own good. If he/she is willing, the Board
will see to it that the program planned for the inmate is followed. Then the inmate is assigned
to his/her cell according to the approved classification.
Section 24. CLASSIFICATION PROCESS

a. Admission of Inmate - Once the inmate has undergone the

registration process; he/she will be temporarily housed at the Inmate Classification and
Counseling Unit (ICCU) in jails where it is available. The inmate shall stay at the ICCU for a
minimum period of thirty (30) days but not exceeding sixty (60) days or until the completion of
the classification process. At the ICCU, the newly committed inmate will undergo assessment
by the different health professionals.

b. Medical Examination - The jail medical Officer or the jail officer

designated nurse of the Health Unit will conduct a thorough physical examination on the newly
committed inmate and will note down significant bodily marks, scars, tattoos and lesions based
on the medical certificate presented by the committing officer. He or she must ensure that
his/her findings are congruent to the medical certificate presented. Any discrepancy shall
warrant further investigation by and reporting of the same to the CHR.

c. Results of the medical examination shall be recorded and shall bear

the signature of the physician or nurse who conducted the examination. Medical issues will be
attended to accordingly.

d. Dental Examination - The jail dentist shall perform a thorough

dental examination and recording of his or her findings. The record shall bear the signature of
the dentist who conducted the examination. Dental issues that need immediate attention shall
be so attended to accordingly.

e. Psychological Examination - The jail psychologist-in-charge

shall conduct psychological examination to determine the inmate’s psychological state at the
time of examination. Results will be recorded in the psychologist’s logbook or in the health
assessment card/HAS and shall bear the signature of the psychologist who conducted the
examination.

f. Social Case Study - The jail social worker at the ICCU shall
conduct in-depth interview with the newly admitted inmate, an interview that considers the
"who the inmate is" from birth up to the present including his/her familial, educational, social,
vocational and other issues that has an impact on his/her personality. The findings will be
recorded and shall bear the signature of the social worker who conducted the assessment. In
jails without ICCU, the interview will be done by the social worker-in-charge upon the order of
the court or as requested by the medical officer, the psychiatrist or the duly designated jail
warden for specific purposes.
g. Risk Assessment - A risk assessment tool shall be utilized to
determine the level of violence/risk the inmate poses, either external or internal. This will help
in the proper classification and segregation of inmates and in the design of specific
development plans.

h. Psychiatric Evaluation - Using the results of the psychological

examination, social case study, and risk assessment, the psychiatrist conducts a psychiatric
evaluation to determine the present mental state of the inmate and to diagnose any existing
psychiatric illness for further treatment. The result will be recorded and shall bear the signature
of the psychiatrist who conducted the examination.

The inmate shall undergo psychiatric evaluation under the following

conditions:

1. The jail psychologist refers the inmate for further evaluation;

2. The court orders the psychological/psychiatric evaluation of the inmate;
3. The inmate was/is manifesting behavioral oddities;
4. The inmate discloses or admits upon inquiry by the admitting health staff that
he/she had previous psychiatric consultation or had undergone psychiatric
treatment;
5. The inmate discloses or admits upon inquiry by the admitting health staff that
he/she had attempted to commit or had committed suicide or that he or she has
noticeable body marks or scars indicating history of suicidal behavior;
6. The inmate discloses or admits that he or she has a history of recent torture, or
he or she has been a victim of physical abuse or domestic violence;
7. The inmate discloses upon inquiry by the health staff that he/she has recently
ingested/abused illicit substances or that he or she is an alcohol or other illicit
substance dependent;
8. The disciplinary board referred the inmate for further evaluation and
management; and
9. The inmate is a recidivist for heinous crimes or was charged of a sexual offense
or was considered as violent sex offender.

The working diagnosis will be recorded at the inmate’s health

assessment card and the details of the examination will be written in the psychiatrist’s logbook
provided by the jail health unit. Every examination result shall bear the signature of the
examining psychiatrist.

i. Case Management - Each inmate will be assigned to a specific

case manager who may either be a psychologist, a social worker or a nurse. The case manager
shall be responsible for the consolidation of all the results and shall make the proper decision
as to the classification of the inmates and the identification development programs for each
inmate.

j. Inmate Orientation and Counseling - While undergoing

assessment, the inmate shall be oriented on the basic jail rules and regulations. He/she shall be
introduced to the different development programs that would best promote his/her personal
growth.

In this phase, the newly committed inmate shall likewise undergo

counseling for him/her to develop better coping skills thereby preventing psychological imbalance in
the early phase of incarceration.

k. Inmate Evaluation and Classification - Using the different

tools of assessment, the newly committed inmate will now be classified based on the level of risk
and present physical, mental and emotional state.

l. Proper Cell Assignment and Development Plans - After the

inmate has undergone all the assessments, his/her case manager shall consolidate all the
results. Based on the results of the final evaluation, the inmate may then be assigned to the cell
that is deemed best for his/her growth and well-being.

m. The newly committed inmate is encouraged to participate in

the recommended development programs.

n. Monitoring - After the inmate has been transferred to his/her

assigned cell and has been attending the prescribed development programs, the case manager
shall periodically monitor, and change and enhance inmate's development program/s
depending on his or her behavioral progress.

Section 25. DISCIPLINARY BOARD - A disciplinary board shall be organized and maintained for
the purpose of hearing disciplinary cases involving any inmate who violates jail rules and
regulations. It shall be composed of the following:

Chairperson - Assistant Warden

Member - Chief, Custodial/Security Office

Member - Medical Officer/Public Health Officer

Member - Jail Chaplain

Member - Inmates Welfare and Development Officer

Member - Inmates’ Representative

If the above composition is not feasible because of personnel limitation, the warden
shall perform the board’s functions and he shall act as the summary disciplinary officer.

Section 26. DUTIES AND FUNCTIONS OF THE DISCIPLINARY

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

Section 27. AUTHORIZED DISCIPLINARY ACTIONS/MEASURES FOR INMATES - The

Board is authorized to impose any of the following disciplinary ACTIONS/MEASURES:

1. For Detainees:

a. Admonition or verbal reprimand;

b. Restitution or reparation;

c. Temporary or permanent cancellation of all or some recreational privileges;

d. Reduction of visiting time;

e. Close confinement in a cell for a period not exceeding seven (7) days in any calendar
month, provided that this disciplinary action shall be imposed only in the case of an
incorrigible inmate, and when other disciplinary measures had been proven
ineffective; and

f. Transfer to another BJMP jail in the area, in coordination with the Court.

2. For Prisoners:

a. Admonition or verbal reprimand;

b. Restitution or reparation;

c. Additional job functions/community service within the jail premises;

d. Temporary or permanent cancellation of some or all recreational privileges;

e. Reduction of visiting time;

f. Close confinement in a cell for a period not exceeding seven (7) days in any calendar
month, provided that this disciplinary action shall be imposed only in the case of an
incorrigible inmate, and when other disciplinary measures had been proven
ineffective;

g. Transfer to another BJMP jail in the area in coordination with the Court;

h. Suspension of visiting privileges for a period not exceeding one (1) month, provided
that this sanction shall not apply to the lawyer, physician or religious minister serving
the needs of the prisoner.

i. Permanent cancellation of visiting privileges with respect to persons not included in

the definition of immediate family under RA 7438, provided that this sanction shall
not apply to the lawyer, physician or religious minister serving the needs of the
prisoner.

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 a particular month and subsequent months depending upon the gravity of the
offense.

Section 28. LIMITATIONS ON DISCIPLINARY PUNISHMENT FOR INMATES - The

Disciplinary Board shall consider the following limitations when imposing disciplinary
punishment:

a. No female inmate shall be subjected to any disciplinary punishment which might

affect her unborn or nursing child;

b. No infirm or handicapped offender shall be meted out punishment, which might

affect his/her health or physical well-being;

c. Corporal punishment, confinement in dark or inadequately ventilated cells and any

form of cruel, unusual, inhumane or degrading punishment are absolutely
prohibited;
d. When necessary, the jail physician shall visit the detainee/prisoner undergoing
punishment and shall advise the warden of the need for the termination of the
punishment imposed upon the inmate on grounds of the inmate's physical or mental
health;

e. 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 offender from injuring himself or
others;

f. Breaches of discipline shall be handled without anger or emotionalism and decisions

shall be executed firmly and justly; and

g. As a general rule, any violation of jail rules and regulations or misconduct committed
by the inmate 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 he or she has taken to the disciplinary
board.

Section 29. PROCEDURES IN THE HEARING OF DISCIPLINARY CASES - The following

procedures shall be followed in the hearing of disciplinary cases:

a. The aggrieved inmate or any person (visitor, inmate or personnel) reports the
violation to the Desk Officer;

b. The desk officer shall immediately submit a written report to the warden and the
latter shall direct the Investigation Unit to conduct an investigation within twenty-
four (24) hours upon receipt of the directive. The Investigation Unit shall submit to
the Warden their report together with their recommendations;

c. The warden shall evaluate the report and if he/she believes that there is no sufficient
evidence to support the alleged violation, he/she shall dismiss the case. If he/she
believes that sufficient evidence exists, he/she shall decide the case and impose the
necessary penalty in case of minor violations. If the offense is less grave or grave,
he/she shall endorse it to the disciplinary board for hearing or decide it
himself/herself as a in his or her capacity as summary disciplinary officer in the
absence of a disciplinary board;

d. The inmate shall be confronted of the reported violation and asked how he/she
pleads to the charge. If he/she admits the violation or pleads guilty, the Board or the
Warden, as the case may be, shall impose the corresponding authorized disciplinary
action;
e. If the inmate denies the charge, a summary hearing shall be held giving the
opportunity for both parties to present their testimonies and those of their
witnesses, if any, and to present evidence to shed light on the case;

f. After the hearing, the board shall decide with the merits of the case as bases;

g. Whether the inmate is found guilty or not, he/she should be advised to obey the
rules and regulations strictly and be reminded that good behavior is indispensable
for his/her early release and/or the granting of privileges; and

h. Decisions of the Board are subject to review and approval by the warden whose
decision should be final and executory.

Section 30. PUNISHABLE ACTS - An inmate is strictly prohibited from committing any of the
following acts:

1. MINOR OFFENSES:

a. Selling or bartering with fellow inmate(s) those items not classified as

contraband;

b. Rendering personal service to fellow inmate(s);

c. Untidy or dirty personal appearance;

d. Littering or failing to maintain cleanliness and orderliness in his/her quarters

and/or surroundings;

e. Making frivolous or groundless complaints;

f. Taking the cudgels for or reporting complaints on behalf of other inmates;

g. Reporting late for inmate formation and inmate headcount without

justifiable reasons; and

h. Willful waste of food.

2. LESS GRAVE OFFENSES:

a. Failure to report for work detail without sufficient justification;

b. Failure to render assistance to an injured personnel or inmate;

c. Failure to assist in putting out fires inside the jail;

d. Behaving improperly or acting boisterously during religious, social and other group
functions;

e. Swearing, cursing or using profane or defamatory language directed at other persons;

f. Malingering or pretending to be sick to skip work assignment;

g. Spreading rumors or malicious intrigues to besmirch the honor of any person,

particularly BJMP personnel;

h. Failure to stand at attention and give due respect when confronted by or reporting to
any BJMP personnel;

i. Forcing fellow inmates to render personal service to him/her and/or to others;

j. Exchanging uniforms or wearing clothes other than those issued to him/her for the
purpose of circumventing jail rules;

k. Loitering or being in an unauthorized place;

l. Using the telephone without authority from the desk

officer/warden;

m. Writing, defacing, or drawing on walls, floors or any furniture or equipment;

n. Withholding information, which may be inimical or prejudicial to the jail administration;

o. Possession of lewd or pornographic literature and/or photographs;

p. Absence from cell, brigade, place of work during headcount, or at any time without
justifiable reason; and

q. Failure to turn over any implement/article/s issued after work detail.

3. GRAVE OFFENSES:

a. Making untruthful statements or lies in any official communication, transaction, or

investigation;

b. Keeping or concealing keys or locks of places in the jail which are off-limits to
inmates;

c. Giving gifts, selling, or bartering items with jail personnel;

d. Keeping in his/her possession money, jewelry, cellular phones or other
communication devices and other items classified as contraband under the rules;

e. Tattooing others or allowing him/her to be tattooed on any part of the body, or

keeping any paraphernalia to be used in tattooing;

f. Forcibly taking or extorting money from fellow inmates and visitors;

g. Punishing or inflicting injury or any harm upon himself/herself or other inmates;

h. Receiving, keeping, taking or drinking liquor and prohibited drugs;

i. Making, improvising or keeping any kind of deadly weapon;

j. Concealing or withholding information on plans of attempted escapes;

k. Unruly conduct and flagrant disregard for discipline and instructions;

l. Escaping, attempting or planning to escape from the institution or from any guard;

m. Helping, aiding or abetting others to escape;

n. Fighting, causing any disturbance or participating therein and/or agitating to cause

such disturbance or riot;

o. 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;

p. Willful disobedience to a lawful order issued by any BJMP personnel;

q. Assaulting any BJMP personnel;

r. Damaging any government property or equipment;

s. 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;

t. Affiliating with any gang or faction whose main purpose is to foment regionalism or
to segregate themselves from others;

u. Failing to inform the authorities concerned when afflicted with any communicable
disease, such as tuberculosis, sexually-transmitted diseases, etc.;
v. Engaging in gambling or any game of chance;
w. Committing any act which violates any law or ordinance, in which case, he/she shall
be prosecuted criminally in accordance with law; and

x. Committing any act prejudicial to good order and discipline.

Any personnel, especially warden, found to be allowing and tolerating any violation
mentioned above will be immediately relieved from his/her designation without prejudice to
his or her being administratively charged.

Section 31. MODES AND GUIDELINES FOR 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;
b. Order of the Court;
c. Parole;
d. Pardon; and
e. Amnesty.

2. Before an inmate is released, he/she shall be properly identified to ensure that

he/she is the same person received and is subject of release. His/her marks and
fingerprints shall be verified with those taken when he/she was received. Any
changes or differences in his/her distinguishing marks and scars shall be investigated
to ascertain his/her 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 via

telephone. The release of an inmate by reason of acquittal, dismissal of case,
payment of fines and/or indemnity, or filing of bond, shall take effect 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/she was charged with, the criminal
case number and such other details that will enable the officer in charge 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 unreasonable delay;

5. Under proper receipt, all money earned, other valuables held and entrusted by the
inmate upon admission, shall be returned to him/her upon release; and

6. The released inmate shall be issued a certification of discharge from jail by the
warden or his/her authorized representative.
Section 32. PROCEDURE ON RELEASING - The procedures shall be observed when inmates are
to be released from detention.

1. Desk Officer

Upon receipt of release order, the desk officer shall coordinate with the
paralegal officer for verification of the authenticity of said order.

2. Paralegal Officer

Verifies the authenticity of the release order.

3. Records/Admin Officer

a. Starts processing inmate’s release.

b. Checks inmate records to ensure that the data in the release order coincide
with the data in the inmate’s carpeta (spelling of name, offense, Criminal
Case Number, etc.).

c. Checks that the inmate has no other pending case/s.

d. Routes the release paper to different signatories.

4. Property Custodian

1. Checks on the receipt of property and returns to the inmate his/her deposited items.

2. Makes sure that returned items of the inmate are duly received and properly recorded.

5. Desk Officer

Records the release of inmate and the condition of the inmate upon his/her release.

6. Jail Warden

Reports to concerned agencies/persons the release of inmate for aftercare program. Upon
release of the inmate, the warden shall notify the following agencies/persons:

Barangay Captain - mandatory

Priest or religious minister - mandatory

Family - if release is not witnessed by any member of immediate

family

Court - in case of convicted inmate

RULE IV

TREATMENT OF INMATES WITH SPECIAL NEEDS

The United Nations Standard Minimum Rules for the Treatment of Prisoners provides that
“so far as possible, separate institutions or separate sections of an institution shall be used for the
treatment of the different classes of prisoners”. The BJMP has adhered to this principle since its
creation. However, the rise in criminality in recent years, coupled with the passage of more stringent
laws (especially for drug-related offenses) and the adoption of better crime solution methods
resulted in a marked increase in inmate population in BJMP detention centers. The lack of funds to
expand existing jails or to build new ones aggravates the situation. This rule, therefore, provides
guidance to wardens and jail officers treating unusual inmates or those with special needs, given the
limited resources.

Section 33. 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 separate from those used for males, and male youth offenders should not be mixed
with adult offenders. However, given the reality relative to 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 make for such
inmates, in keeping with this rule. It is assumed that the inmates have been properly evaluated
and classified for this purpose.

Section 34. HANDLING INMATES WITH SPECIAL NEEDS - The following guidelines shall be
observed in handling inmates with special needs:

1. Female

a. The female dorm should be completely separated from the male dorm;

b. A female personnel shall be designated to keep the keys of the female dorms;

c. Only work suitable to their age and physical condition should be assigned to female
inmates;
d. No male inmate shall be allowed to enter the female dorm;

e. Male personnel must provide female inmate with utmost privacy and respect for
personal space;

f. No male jail personnel should be allowed to enter the female dorm except in emergency
cases or when necessary;

g. Searches shall be performed by a female personnel trained in the conduct of appropriate

searching methods, shall be made in accordance with established rules, and shall be
provided with privacy during the procedure;

h. Medical/physical examination shall be performed by female health personnel. In the

absence of a female health staff, the examination shall be performed by a male health
personnel in the presence of a female staff; and

i. Female inmates shall be provided with the opportunity to avail themselves of all
programs and activities male inmates are provided with.

2. Drug Users/Dependents/Alcoholics

a. Inmates found to be drug users/dependents/alcoholics should be segregated from other

inmates, especially during the withdrawal period;

b. Inmates undergoing drug/alcohol withdrawal must be referred to the jail psychiatrist,

physician or nurse for evaluation and management;

c. 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;

d. Maintain close supervision over inmates to prevent attempts to commit suicide or self-
mutilation by designating a jail personnel trained to manage such cases; and

e. Conducts a regular search of the inmate’s dorm and maintain constant alertness to
prevent the smuggling of narcotics, liquors and other dangerous drugs.

3. Mentally-ill

a. Inmates manifesting signs and symptoms of mental illness must be referred to the jail
psychiatrist for evaluation and treatment;

b. Disturbed inmates (mentally-ill inmates) should be transferred to mental institutions for

proper psychiatric treatment upon the issuance of a court order;
c. Close supervision and medical management of mentally-ill inmates should be maintained
by a jail medical personnel;

d. Place the mentally-ill inmates in separate dorms or in a special restraint room provided
for violent cases; and

e. Maintain close supervision over inmates to guard against suicidal attempts or violent
attacks on others.

4. Lesbian, Gay, Bisexual, Transgender (LGBT)

a. Segregate LGBTs to prevent their maltreatment and abuse by other inmates and to
prevent them from maltreating and abusing other inmates.

5. Sex Offenders

a. Inmates charged with sexually-related crimes should be segregated to prevent them

from taking advantage of other inmates; and

b. Maintain close supervision and control.

6. Suicidal Inmates

a. Inmates manifesting signs and symptoms of depression/suicidal tendency must be

referred to the jail psychiatrist for evaluation and management;

b. Inmate who attempts to commit or has attempted to commit suicide must be transferred
to a government psychiatric hospital immediately upon issuance of court order;

c. Maintain close supervision over suicidal inmates at all times and designate personnel
trained to handle such cases; and

d. Subject them to frequent strip/frisk searches, and greyhound operation for

tools/materials that can be used for suicide.

7. Sex Deviates

a. Homosexuals should be segregated immediately to prevent them from influencing other

inmates or being maltreated or abused by other inmates; and

b. Likewise, other sex deviates should be separated from other inmates for closer
supervision and control.

8. Escape-Prone Inmates
a. Escape-prone inmates should be held in the most secure quarters, preferably in single-
inmate cells, to minimize their contact with one another;

b. Their conduct/behavior should be closely watched/observed during and after visiting

hours and their activities, closely monitored;

c. They should be frequently strip searched and their quarters frequently inspected;

d. Special attention should be given to the examination of items recovered from strip
searches; and

e. Telephone calls must be restricted and only calls that can be monitored through an
extension line shall be allowed.

9. Inmates with Disability

a. Inmates with disability should be segregated and closely supervised to protect them
from maltreatment and any form of abuse by other inmates, personnel and visitors;

b. Individual case management and special activities should be developed and conducted
to address distinct of the inmates;

c. Collaboration with other government agencies should be done to ensure that disabled
inmates are provided with the services and benefits contemplated under the Magna
Carta for disabled persons; and

d. Tasks related to self-care of inmates with disability shall be supervised and assisted to
avoid potential self-harm or accidents.

10. Children in Conflict with the Law (CICL)

Pursuant to the RA 9344, CICL shall not be confined in jails. Hence, serious efforts shall be
exerted by Wardens to immediately transfer the custody of any CICL to a Youth
Detention Home or Youth Rehabilitation Center.

a. Upon admission, CICL shall be subjected to a thorough physical examination. The results
of such examination shall form part of the records of the case of the CICL;

b. Provide a separate detention cell for CICL;

c. Continuously coordinate with the Public Attorney’s Office (PAO) for the provision of
paralegal assistance to expedite CICL cases;

d. Continuous coordination and follow-up of CICL cases should be made facilitate the
provision of appropriate intervention programs by the DSWD;

e. The “Law on Proportionality" in the implementation of rehabilitation programs should

be observed making said rehabilitation programs distinct and different from those given
to adult inmates;

f. Unless absolutely necessary, a child in conflict with law should not be handcuffed nor
other instruments of restraint applied on him/her, when he or she attends hearings or
when he or she is brought to the hospital or is transferred to other institutions;

g. The use of vulgar or profane words should be avoided in dealing CICL;

h. CICL should not be required to wear prison uniforms; and

i. Upon release from confinement, the records of the CICL shall be sealed, and at an
appropriate time, expunged.

11. Senior Citizen Inmates

a. Senior citizen inmates should be segregated and close supervised to protect them from
maltreatment and other forms of abuse by other inmates;

b. Individual case management strategies should be developed and adopted to respond to

the special needs of elderly inmates;

c. Collaboration with other government agencies and community-based senior citizen

organizations should be done to ensure that the services due the senior citizen inmates
are provided; and

d. Senior citizen inmates should be made to do tasks deemed fit and appropriate, their age,
capability, and physical condition considered.

12. Infirm Inmates

a. Inmates with contagious diseases must be segregated to prevent the spread of said
contagious diseases;

b. Infirm inmates should be referred to the jail physician or nurse for evaluation and
management; and
c. Infirm inmates must be closely monitored and provide with appropriate medication and
utmost care.

13. Pregnant Inmates/Female Inmates with Infants

a. Pregnant inmates must be referred to jail physician or nurse for pre-natal examination;

b. They should be given tasks that are deemed fit and proper, their physical limitations,
considered;

c. During active labor, pregnant inmates should be transferred nearest government

hospital;

d. Treatment of mother and her infant/s shall be in accordance with the BJMP Policy (Refer
to DIWD Manual); and

e. Female inmates with infants shall be provided with ample privacy during breastfeeding
activity.

14. Inmates of Other Nationalities

a. The Warden shall report in writing to the Bureau of Immigration and the respective
embassies of the detained foreigners the following:

1) Name of Jail;
2) Name of Foreigner;
3) Nationality and the number of his/her Alien Certificate of Registration, if any;
4) Age/Sex;
5) Offense Charged;
6) Case Number;
7) Court/Branch;
8) Status of Case; and
9) Additional data information.

RULE V

CUSTODY, SECURITY AND CONTROL, EMERGENCY PLANS, MOVEMENT

AND TRANSFER OF PRISONERS AND DETAINEES

Jail management and penology is concerned with the humane safekeeping and development of
inmates. Effective custody ensures that inmates are wellsecured in all areas of the detention facility and
properly escorted when attending their court hearings and other authorized/lawful destinations. This
Rule focuses on effective safekeeping.
Section 35. CUSTODY, SECURITY AND CONTROL

A. Each jail shall, as much as practicable, maintain the following minimum standards with
regard to security of the facility:

1. An established security perimeter. In every jail, there shall be a defined, controlled

security perimeter;

2. A secured office for personnel;

3. A secured visiting area for inmates’ visitors;

4. A secured multi-purpose area for inmates’ activities and an area for livelihood activities;

5. Armory and storage lockers for inmates’ valuable items and other equipment;

6. Operational closed circuit televisions (CCTV) strategically mounted to monitor jail

premises and all activities therein;

7. A two-way communication system to be used by the officer of the day, supervisor, desk
officer and other personnel on duty; and

8. Equipment necessary to sustain operability of utilities, communications, security and fire

protection equipment at all times.

B. To ensure that minimum standards in security and control are maintained, the following
policies, guidelines and procedures shall be strictly implemented in all jail facilities:

1. Each newly admitted inmate shall be thoroughly searched for weapons and
other contraband immediately upon arrival in the facility;

2. All inmates must be searched thoroughly by the duty personnel whenever they
enter or leave the security areas;

3. Conduct surprise searches on inmates and inspection of their quarters and other
areas accessible to inmates at least once a week to detect and flush out
contraband;

4. Maintain an updated written emergency operations plan such as but not limited
to natural and man-made calamities and other jail disturbances. These plans
must be made known to and understood by jail personnel through the conduct
of regular dry runs;

5. Maintain a journal of activities, emergency situations and unusual incidents;

6. Maintain a key control center for storing keys that is inaccessible to inmates and
unauthorized persons. There shall be an accounting system for issuing and
returning of keys. There shall be a reporting system for documenting and
repairing broken or malfunctioning keys or locks. Inmates shall be prohibited
from handling jail security keys;

7. There shall be one (1) full set of duplicate keys, secured in a place accessible only
to jail personnel for use in the event of an emergency. These keys shall be
marked for easy identification during adverse conditions;

8. Continuous inspection and maintenance of all locks. Replace locks as often as

possible and never allow inmates to install locking system in the cell gates and
to possess their own padlock for purposes of locking themselves in their cells
that will cause delay for personnel conducting regular cell search and inspection;

9. Maintain strict control of firearms such as, but not limited, to the following:

a. Never allow any personnel with firearms on areas of inmates and/or in any
area intended for inmates’ activities;

b. Never allow inmates in the workplace of personnel or in areas where

firearms are authorized; and

c. Secure firearms and anti-riot equipment in the armory located within easy
reach of jail personnel in case of emergencies but not accessible to inmates.

10. All firearms, ammunition, chemical agents, related security and emergency
equipment must be inventoried and tested at least quarterly to determine their
condition and expiration dates, as the case may be. This shall include regular
inspection of fire extinguishers and other detection and suppression systems
available;

11. All tools, toxic, corrosive and flammable substances and other potentially
dangerous supplies and equipment shall be stored in a locked area which is secure
and located outside the inmate’s area. Tools, supplies and equipment which are
particularly hazardous shall be used by inmates only under direct supervision;

12. Conduct daily inspections of all security facilities (i.e. closed circuit televisions,
ceilings, window grills, iron bars, etc.) and document all findings. Any tampering or
defects detected must be reported in writing to proper authority for immediate
action;

13. Regular conduct of "guard mounting" for all "incoming duty" of the Custodial Unit
and for the members of Escort Unit before their assumption of duty to remind and
update them of the
policies/guidelines pertaining to security and control;

14. Conduct regular count of inmates at least five to six (5-6) times within a 24-hour
period and strictly implement the established procedures in counting inmates (See
Section 35). Personnel conducting the count shall record the result;

15. Prohibit inmate’s visitor to stay inside jail premises beyond authorized visiting
period regardless of any reasons; (Refer to
ANNEX “B”)

16. Inmates shall be supervised at all times whenever they are outside their cells;
17. Never allow any personnel under the influence of intoxicating beverage to enter
the jail facility or to perform an official duty;

18. Carefully select the inmates to be utilized as jail aide and maintain rigid control
over their activities. Never allow inmate to be utilized for any janitorial services at
jail offices, restricted areas, and/or for errands outside the jail premises. In no case
shall an inmate be allowed to perform clerical duties or to have access to personnel
files and other official documents;

19. Never allow a jail officer to render successive shifts of duty except in cases of
emergencies;

20. Never allow jail personnel to open inmates quarters alone. At least one (1) other
jail officer should be present and guarding the gate;

21. Inmates should be taken out of jail only upon written order of the Court;

22. Ensure that all vehicles and persons entering the jail premises are properly
searched in accordance with the existing policies/procedures;

23. Regularly inspect and check the availability of emergency lights and other
emergency equipment and ensure that each personnel rendering night shift duties
has one (1) flashlight, nightstick/baton and whistle; and

24. As regard the use of force:

a. Use of force shall be limited to instances of justifiable self-defense, prevention

of self-inflicted harm, protection of others, prevention of riot, commission of
a crime, escape or other jail disturbance and to controlling or subduing an
inmate who refuses to obey a lawful command or order;

b. Use of force shall be limited to the amount of force necessary to control a

given situation and shall include a continuum of escalating force levels;
c. An examination and/or treatment by health personnel shall be provided to
prisoners or staff involved in a use of force incident when there is obvious
physical injury or there is a complaint of injury or request for medical
attention; and

d. Use of force incidents shall be recorded and reviewed by the Warden.

Section 36. INMATES COUNT - 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:

a. Count each inmate physically at specified times or as necessary;

b. During the count, ensure that all movements of inmates are stopped until the count
is completed;

c. The count must be accurate. Make a positive verification to ascertain that the
inmates are physically present. Refrain from conducting a count on the basis of only
having seen any part of his clothing, hair or shoes;
d. Submit a report of each count of a group of inmates to the warden and/or assistant
warden (officer of the day); and

e. If the total jail count does not tally with the total jail population at any given time,
conduct another count. Render an immediate report to the warden and/or assistant
warden (officer of the day) relative to any unaccounted inmate.

Section 37. SECURITY PROCEDURES DURING MEAL SERVICE -

Security must be considered in serving food inside the cells/quarters. A jail officer should not
enter the inmates’ quarters to distribute food unless another officer is available to handle the
keys and control the entrance door.

Section 38. DINING ROOM SECURITY - For jail facilities that have separate dining or mess halls,
the following shall be observed:

a. As a general precaution, individual mess utensils of inmates shall be made of plastic;

b. When dining rooms are provided, the inmates should march in columns of two’s along
designated routes under the supervision of jail personnel. Other officials to direct the
orderly movement of inmates to and from the mess hall must be stationed along the
routes;

c. Designate a roving supervisor to handle any disturbances or settle complaints;

d. After every meal, all utensils used by the inmates should be collected. Jail personnel should
strictly supervise this to ensure that no utensils are brought out the dining room; and

e. Check and account for all forks, spoons and other kitchen utensils after every meal.

Section 39. MAIL SERVICES AND CENSORSHIP - Mail service shall be provided to all inmates
provided that all outgoing and incoming mail matters are passed through a designated Censor
Officer in order to intercept any contraband or illegal articles and any information affecting the
security of the jail.
The following procedures should be strictly observed when censoring mail:

a. There shall be no limitation on the amount of incoming or outgoing mail or

correspondence when the inmates are responsible for the cost/s of postage;

b. Incoming inmates’ mail, correspondence and packages shall be opened and

inspected to intercept cash, checks, money orders and contraband. The censor
officer shall observe the documentary procedures in disposing of intercepted items;

c. Legal mail or correspondence shall be opened and inspected in the presence of the
inmate to intercept contraband;

d. Mails shall not be distributed to the inmates until the censors have examined them.
Mail shall only be opened and searched by qualified, trained and authorized jail
personnel in the presence of inmate addressee;

e. Any currency, checks or money found in the letter should be turned over to the Trust
Officer/Property Custodian. The receiving officer should indicate the amount
received on a "receipt form" in duplicate. The original receipt signed by the receiving
officer should be kept for the record and the duplicate copy should be given to the
inmate;

f. Carefully examine all greeting cards and collect fillers of any kind found therein for
laboratory examination;
g. Photographs that are clearly within the scope of jail regulations should be marked
on the opposite side and placed in the envelope;

h. Bring to the warden’s attention any item or correspondence or enclosure that does
not conform to regulations or are detrimental to security, order and discipline of the
jail;

i. In the censoring of mails, prison slang, unusual nicknames, and sentences with
double meanings should be carefully studied and analyzed to determine the real
meanings;
j. Refer to the warden all letters containing statements concerning the security or
reputation of the jail, like attempts to escape or smuggling/trafficking of contraband,
and statements that may affect existing rules and policies;

k. All letters passing through the scrutiny standards of the 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 envelope, resealed and given to the inmate;
l. A listing of mail for inmates should be properly kept and form part of the records of
the jail;

m. Do not discuss the contents of inmates’ mail with other jail personnel, except for
official purposes;
n. The inmate sending out any mail matter shall open his mail/package and have it read
and inspected by the designated censor officer, if the mail is clear for dispatch, the
inmate shall close and seal the mail and place the same in the outgoing mail box;
o. If the outgoing or incoming mail has contraband or harmful information, such matter
shall be registered as violation of jail rules and regulations and should be brought
before the Disciplinary Board for immediate adjudication;

p. The designated jail staff shall collect the inmates’ mail matters on a daily basis,
Monday through Friday;

q. Inmate’s letters or any other mail matter shall be sent as registered, certified,
"stamped" or marked "via special delivery" if he or she so desires at his or expense.
The letters will be processed in accordance with the procedures in handling mails;
and

r. An inmate under disciplinary segregation shall be allowed full correspondence

privileges, unless his or her misconduct involves a serious violation of
correspondence regulations.

Section 40. MOVEMENT/TRANSFER OF INMATES - Prisoners or detainees may be moved or

transferred safely and humanely by trained personnel who shall adopt the necessary level of
security, supervision, and control to ensure public safety under specific circumstances outlined
below:

A. Subject to the conditions set forth in the succeeding sections and by virtue of an
appropriate court order, an inmate may be brought out of jail under any of the
following instances:

1. To appear, as witness before any court of justice or prosecutor’s office

during preliminary investigation, arraignment or hearing of a criminal case;

2. To appear as witness in any investigation or formal inquiry being conducted

by a government agency;
3. To view the remains of a deceased relative within the second degree of
affinity or consanguinity; and

4. To undergo medical examination or treatment in a hospital or clinic.

B. An inmate may be 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 inmate has to be immediately taken to the
nearest hospital upon recommendation of the health officer. In this case, the jail
warden, or in his/her absence, the officer in-charge, shall immediately notify the
regional director and the court concerned within six (6) hours after the inmate is
brought to the hospital or within six (6) hours from the first hour of the following day
(BJMP Revised Policy on Hospitalization and Death of Inmates dated 29 July 2010);

C. In the case of inmates classified as high-risk/high-profile and detained in small and

remote jail facilities or in jails not considered as high security facility, their transfer
to a better secured jail shall be effected provided a prior request is made from the
executive judge who has administrative supervision over the court in the place
where the jail in which the inmate is detained for his/her immediate action, approval
and notification to the court’s Presiding Judge (See ANNEX “C” - Supreme Court
Administrative Circular Nr 68-2005);

D. In any emergency like riot or other jail disturbance that happens on a weekend and
when the immediate transfer to other BJMP-manned jails of inmates involved is
necessary to ensure the safety of other inmates and security of the jail, the warden,
under such compelling situation, can recommend to the regional director, verbally
or in writing, their immediate transfer to another jail, provided that, on the first hour
of the following working day, the court concerned must be informed of the said
transfer and a commitment order must be issued, otherwise, the return of the
transferred inmates is imperative. Provided, however, that those inmates who
instigated and led, and those involved in the disturbance or violence, disruptive
and/or riotous actions so created shall be classified as high-risk detainees and shall
be immediately transferred to a more secured facility in accordance with the
immediately preceding paragraph;

E. The same classification shall be applied to inmates who (a) have escaped, attempted
to escape or committed acts to facilitate an escape from custody; (b) demonstrated
physically or sexually assaultive behavior resulting in either attempt to sexually
assault any person, serious physical injury or death of any person; (c) assaulted or
attempted to assault another with a deadly weapon; (d) compelled or attempted to
compel another to perform sexual acts, engage in sexual conduct or sexual contact,
or submit to sexual contact all by means of force or threat of force; or (e) compelled
or coerced another, by force or threat of serious physical harm or death, to provide
anything of value, to perform any act, or to violate any statute or jail rule;
F. Inmates who wish to view the remains of a deceased relative within the second
degree of consanguinity or affinity and whose motion for that purpose was approved
by the court as proven by a valid court order issued to the warden shall be required
to submit a written request to the warden at least three (3) days before the date of
viewing and which request should be accompanied by the following documents:

1. Death Certificate of the deceased relative duly certified by the attending

physician or local civil registrar;

2. The appropriate certificate as indicated after the name of the deceased

relative, to wit:

a. Spouse - marriage contract;

b. Children - birth certificates of the deceased child and marriage certificate of the
inmate and his/her spouse;

c. Father or Mother - birth certificates of the inmate and his/her deceased parent;

d. Brother or Sister - birth certificates of the inmate and his/her deceased sibling;

e. Grandparent - birth certificates of the inmate and his/her parent who is the child
of the deceased grandparent; and

f. Grandchild - birth certificates of the inmate and his/her child who is the parent
of the deceased grandchild.

3. Sketch map of the place where the remains lie in state.

G. Immediately upon receipt of the court order, and with the inmate's written request
yet to be submitted, the warden shall order the Jail intelligence unit to conduct
reconnaissance operation in the area where the remains of the deceased still lie in
state, to assess any threat against the inmate and/or his/her security escorts, to
locate the place of burial, and to conduct route survey to establish a safer and better
route for the escorts;

H. In case of Muslim inmates, it shall be ascertained whether the date indicated in the
Court Order for the inmate or inmates to viewthe remains their deceased relative/s
within twenty-four (24) hours from the time of the death of his or her/their relatives.
This is view of Muslim customs and traditions, providing among others burying the
dead within twenty-four (24) hours after death.

I. The warden shall timely oppose the request and timely notify the court of his or her
inability to comply with the order allowing the inmate to be escorted out of the jail
to view the remains of a deceased relative in any of the following cases:
1. The deceased relative is lying-in-state in a place beyond thirty kilometer radius from
the jail or, in any case, where the inmate cannot return to said place during daylight
hours;

2. The inmate has a record of escape or attempted escape;

3. The inmate has two (2) or more pending criminal cases or is a material witness in a
pending criminal case;

4. The inmate is classified as high risk, high profile, high value or violent extremist
offender;

5. The inmate cannot be assured of his safety and security, or his escape is highly
possible; and

6. There is an intelligence report that the inmate will escape or will be rescued.

J. If approved, the inmate shall not be allowed to stay more than three (3) hours in the
place where the remains of the deceased relative lie in state. Further, in no case shall
the inmate be allowed to join the funeral cortege.

Section 41. COOPERATION AND COORDINATION AMONG JAIL

WARDENS REGARDING TEMPORARY TRANSFER OF INMATE - Jail Wardens

must agree on the use of facilities for the temporary detention of an inmate from other
localities before, during and after trial. Warden who shall effect the movement/transfer of an
inmate shall shoulder all the expenses for transportation and other incidental expenses of the
same while confined in other jails. The classification standards of the BJMP such as to the
inmate’s age, gender, or those with special needs, among others, shall be observed while
he/she is in temporary detention.

Section 42. RULES TO BE FOLLOWED WHEN TRANSPORTING

INMATES - When moving/transporting inmates, the following shall be observed:

A. General Precautions

1. Jail personnel shall not discuss with the inmate the transportation plans, schedules or
equipment to be used / adopted;

2. Inmates shall be notified of a trip only prior to the departure and shall not be allowed to
make any phone call;
3. Prior to movement/transport, all escort personnel shall be given detailed instructions
on their respective duties and responsibilities;

4. Whenever possible, transfer shall only be made during daytime;

5. Long distance transport of one (1) or more inmates shall be escorted by a minimum
of three (3) escort personnel and a back-up vehicle, if available;

6. If possible, personnel from Jail Intelligence Unit shall serve covert security by serving as
advance party of the convoy and shall conduct road scanning of the agreed route to
detect any threat to the inmate and his/her escorts while en route. Being familiar with
the area, the local intelligence unit of the nearest jail facility in the place of destination
shall also assist in long distance transport of inmates by way of conducting
reconnaissance operation prior to the scheduled arrival to determine any unusual
activities in the area which may affect the safe and secure transport of the inmate;

7. The most direct and shortest route to the destination shall be taken and no deviation
shall be allowed except when security consideration requires otherwise;

8. Using rented vehicle shall not be allowed when transporting inmates;

9. Team leader of the escort personnel must be equipped with a two-way radio and/or a
mobile phone;

10. Inmates under escort shall always be under the watchful eye of the escort personnel.
While in transit, the personnel shall stay close enough to the inmate to be able to
respond effectively in case of emergency. If on board a prisoners van, escort personnel
shall not seat inside the van but shall instead strategically position himself or herself in
the escort seat;

11. While en route, escort personnel shall ensure that the sliding bolt lock of the back door
of the van carrying the inmates is properly locked, observe people and vehicles getting
near their vehicle, and remain prepared for any eventuality;

12. Escort personnel shall observe and follow the established guidelines in escorting high-
risk/high-profile and VEO’s inmates;

13. Escort personnel shall be the first ones to disembark from the vehicle and shall position
in a safe distance to ensure clear vision of disembarking inmates. However, when
boarding the vehicle, it should be the inmate who shall first board the vehicle;

14. Escort personnel are justified in using deadly force to protect themselves and/or the
inmate/s from ambush or any deadly attack while in transport;
15. In case of an accident while en route, escort personnel shall secure and observe the
inmates inside the vehicle, let them stay inside the vehicle as much as possible. Apply
first aid to injured inmates when necessary, while waiting for law enforcement and
emergency assistance. The chief escort shall also be informed about the incident and be
updated of the development in the situation;

16. In the event that radio or mobile phone communication is not possible, escort personnel
may flag down any motorist, identify themselves and ask the motorist to notify the
nearest law enforcement agency for assistance;

17. In the case of minor serious vehicular problem that can be repaired on the spot, escort
personnel shall secure and observe inmates who shall remain inside the vehicle to the
extent possible;

18. Maximum security measure shall be observed at all times in providing escort to high risk,
high profile inmates and VEO’s following the ratio of one is to one plus one escort
supervisor;

19. The driver shall not leave the vehicle while in court or other authorized destination and
be watchful of any suspicious individual;

20. To avoid unnecessary stops while in transit, inmates should have relieved themselves
from personal necessity; and

21. The following basic security precautions shall be observed during transport of inmates:

a. Do not allow inmates to tinker with the handcuff;

b. Regard all inmates being transported as extremely dangerous;

c. Adjust the cuffs properly for tightness to avoid the need of adjustment while en
route and observe proper placement of handcuff which is either right to right or left
to left. High risk/ high profile inmates and VEO’s must be handcuffed at the back;

d. The escort shall always be on guard for any possible attack or ambush;

e. Escort personnel shall be extra careful not to sit, stand or walk next to an inmate
while carrying a gun to avoid being grabbed by the inmate;

f. Stopping along the highway while in transit is highly discouraged;

g. Keep inmates inside the vehicle except when necessary;

h. Thoroughly inspect restraint equipment for proper function and damage, and make
a thorough body search before placing the equipment on an inmate and before
removing an inmate from a holding area;
i. Keep inmates in sight at all times;

j. While in court premises, firearms shall be unloaded. However, when escorting the
inmate to and from the vehicle, the same shall be properly loaded with ammunitions;
k. Exercise good judgment as unexpected events not covered by policy or procedure
may occur on any transport. If in doubt, secure the inmate in a local law
enforcement/jail facility and call the chief escort or officer of the day for direction;

l. Never stop for a disabled motorist or road mishap while transporting inmates but
notify local enforcement unit or the highway patrol regarding the incident;

m. Avoid interfering with road incidences such as but not limited to robbery in progress
while transporting inmates unless it poses imminent threat against the inmate,
escort personnel or the public and if the same so occurs, the immediate evacuation
of the inmate from the area shall be primarily considered. In no case shall the inmate
and the vehicle be left unattended;

n. In case of involvement in a road accident and no traffic authority is present or cannot

arrive in a shortest possible times, the position of the vehicles and the damage
incurred including skid mark, if any, shall be immediately photographed or sketched
and before leaving, provide the driver of the other party a contact number of the jail.
Once the inmate was returned to the jail, immediately coordinate with the traffic
authorities having jurisdiction in the place of incident;

o. Secure inmates who damaged restraints, other equipment or vehicles and report
rule infraction;

p. Turn in vehicle inspection slip to the supply officer noting any vehicle deficiency or
problem upon conclusion of each transport; and

q. Turn in or check in all inmates, property/equipment and the necessary documents

to the concerned offices.

B. Chief Escort

1. Coordinates with the records section chief and determines the number and names of
inmates scheduled for court hearing as well as their respective destinations as approved
by the warden;

2. Conducts guard mounting and accounting of the members of escort unit and carefully
inspects their service firearms including other equipment to be used;
3. Coordinates with the custodial unit the list of inmates scheduled for court hearing and
assumes responsibility over them after they are properly accounted for and turned over
by the custodial unit;

4. Records in the Jail Blotter the purpose, date, time, branch of court and other destination
of each movement/transfer of inmates. Maintain a logbook or database for Escort Unit
indicating there in the same data to include the date and time of arrival as well as the
occurrence of untoward incident, if any, as well as the observation of any unusual
movement of inmates and other people en route;

5. Select escort personnel and designate a team leader who shall serve as the contact
person for the duration of the transport of inmates;

6. Accomplish the Daily Escort Slip indicating the names of assigned escort personnel for
each inmate;

7. Ensure the availability of marked transportation vehicle;

8. Supervise the conduct of strip searches on inmates prior to and after the inmates’
movement/transport;

9. Ensure that appropriate security measures are undertaken to maintain custody and
control of inmates to be transported;

10. Ensures that all inmates are properly dressed in accordance with prescriptions before
they are transported, and ensure that inmates carry only item/s duly inspected and for
which they have been granted permit to carry;

11. Ensures that the driver had checked the vehicle and ascertain BLOW
BAGETS is observed;

12. Monitors through handheld radio or mobile phone the situation and current location of
the inmates and their escorts while outside the jail facility;

13. In case of long distance transport of inmates, coordinates with the nearest local law
enforcement agencies/jail units having territorial jurisdiction over the destination; and

14. Maintain regular communication with the warden on all movements/transfers of

inmates.

C. Escort Personnel

1. Check the identity and receive the inmate named in the Daily Escort Slip duly signed by the Chief
Escort;
2. Keep/maintain a copy of current profiles and photos of all inmates being transported for
immediate submission to local law enforcement units in the event of an escape or other
emergency situations. For this purpose, the Records Section shall maintain a duplicate copy of
the current profiles and photographs of all inmates in their respective carpetas which shall be
prepared on the day prior to the date of scheduled hearing and be given to the Chief Escort prior
to the inmates transport;

3. Ensure the correct identification of all inmates being transported by comparing the face, name
and other important data with the photograph
and information on each inmate’s profile before leaving the facility;

4. Conduct visual inspection of the vehicle to ensure that it is clean, fueled, mechanically
serviceable and free of contraband or any other item that may impede the safe and secure
transport of inmates;

5. Ensure that all inmates are properly restrained before going out of the jail;

6. Ascertain whether an inmate has a crippled, deformed or very small hand that will allow him/her
to slip the handcuff off his hand;

7. Be armed with an authorized and duly permitted weapon and ammunitions;

8. Transport and secure the inmate as assigned;

9. Maintain radio or mobile phone contact with the Chief escort/Officer of the Day in the jail. Escort
team leader shall bring his mobile phone or check out one from the Supply Officer for use, if any;
and

10. Be updated of their location along the roadways to expedite the response from law enforcement
units in case of any eventuality.

D. Use of Restraints

In all instances, an inmate being moved shall be handcuffed. When two (2) or more
inmates are transported, each must be secured to the other. In no case shall an inmate be
handcuffed in any part of the vehicle during transit to avoid being trapped in case of an
accident. Use additional restraints, or limited restraints for special needs, when necessary
shall be authorized.

1. Techniques in Handcuffing:

Rear Position Front Position

- thumbs up - thumbs down
- palms out - palms out
- double locked - double locked
- key holes facing up - key holes facing up
- used for hostile or violent inmates - used for general
population

2. Guidelines for using restraint:

a. Never place a restrained inmate in an area where unrestrained inmates are located;

b. Never handcuff an inmate without double-locking both handcuffs;

c. Never handcuff a male inmate with a female inmate;

d. Never handcuff an adult inmate with a juvenile inmate;

e. Never handcuff a maximum risk inmate with a medium or minimum risk inmate;

f. Observe right to right/left to left when placing handcuff; and

g. Restraint shall never be used as a punishment.

E. Special Concerns

1. Illness En Route

a. In the event that an inmate becomes gravely ill while en route and there is no
medical assistance available, the escort personnel shall make an arrangement
for a medical examination at the nearest government hospital or medical facility

b. The escort personnel shall contact the Chief Escort or Officer of the Day for
further instruction; and

c. Should an escort personnel becomes ill during transport, the escort shall secure
the inmate/s in a nearest jail/police station and immediately notify the Chief
Escort or Officer of the Day.

2. Escape

a. If an inmate escapes during transport, the escort personnel shall exhaust all
means possible to immediately apprehend the inmate;
b. If more than one (1) inmate is being transported, at least one (1) personnel shall
remain with the inmates still in custody;

c. The escort personnel shall notify the nearest law enforcement unit and the Chief
Escort as soon as possible;

d. Personnel shall remain in the vicinity of the place where escape happened to
assist local law enforcement units; and

e. In the event that an escape or attempted escape has transpired in a public place,
escort personnel shall not fire warning shots. If time and opportunity allows and
no other person is near the escapee, the personnel may shoot provided a verbal
warning was made prior to the discharge of the firearm.

3. Meals

a. Escort personnel shall provide all meals and drinks en route with packed meals and
drinks;

b. Inmate meals shall be served to the inmate in the transport vehicle; and

c. The inmate shall be kept in restraint at all times;

4. Restroom Breaks

a. If possible, escort personnel shall coordinate restroom breaks with

the nearest local law enforcement units or jail facilities;

b. In case of emergency stop, escort personnel should avoid congested

areas; and

c. Escort personnel must inspect emergency stop areas before entry and keep
the inmate under visual supervision at all times without removing the
restraint.

F. Contact to the Public

1. Escort personnel shall maintain low profile and shall avoid public contact while in a the
company of an inmate;

2. Inmates shall not be allowed to make any phone call or contact with anyone while in
transport;
3. Unauthorized person shall not be allowed to get near the inmate. Only a lawyer or lawyers
and court personnel shall be permitted to converse with the inmate; and

4. No media interview shall be allowed for the inmate and/or escort personnel. (Based on the
case of ANDREA ROSAL)

Section 43. EMERGENCY PLANS/CONTINGENCY 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:

Natural Calamities Man-made Calamities/ Disturbances

a. Fire a. Riot
b. Flood b. Jailbreak
c. Earthquake c. Noise barrage
d. Tsunami d. Hostage-taking
e. Landslide e. Food poisoning
f. Typhoon f. Rescue
g. Volcanic eruption g. Biological attacks
h. Epidemics h. Bombing
i. Others i. Water shortage
j. Power failure
k. Others
Section 44. REGULAR DRY- RUN - To ensure that the contingency plans would be applied to
the letters, regular dry run shall be conducted taking into consideration the actual strength of
the jail per shift and the absolute reaction of personnel on off duty upon notice of
disturbance/s. Regional and provincial offices of the Jail Bureau shall adopt its own
contingency plans on how to react upon notice of any disturbance in the jail and on its own
offices. The same shall likewise conduct a regular dry-run to ensure effective and well-
organized reaction.

RULE VI

DUTIES AND RESPONSIBILITIES OF BJMP PERSONNEL IN THE FRONTLINE SERVICE

Section 45. DUTIES AND RESPONSIBILITIES OF BJMP PERSONNEL ASSIGNED IN JAILS -The
following are the specific duties and responsibilities of personnel assigned in a particular jail:

I. Jail Warden
1. The jail warden generally exercises supervision and control over all personnel in the
jail unit and the inmates in all matters related to the following:

a. Proper implementation of legal orders, rules and regulations and directives

on jail operation and administration;

b. Administration of sanctions and other disciplinary actions on inmates and

reporting to higher authority those personnel under his command who
willfully disobey lawful order and commit any infraction of law; and

c. Conduct of greyhound operations and inspections of jail facilities and

premises.

2. Looks after the welfare of his men through awards, commendations and the like:

a. Leads and enforces a high standard of discipline among his personnel;

b. Endeavors to promote personal and professional growth of subordinates;

c. Observes fairness and impartiality in dealing with personnel and inmates;

and

d. Always upholds human rights and observes the code of conduct.

3. Assumes responsibility for the formulation and implementation of emergency plans to

preclude occurrence of jail incidents and disturbances. He shall acts as adviser to the PA
as regard the implementation of plans, programs and policies of the Jail Bureau;

4. Delegates work activities to his subordinates and ensures their accomplishment through
effective monitoring system;

5. Ensures proper use and maintenance of equipment;

6. Coordinates with GOs or NGOs and/or the media groups;

7. Acts on other matters as his PA and/or RD may direct;

8. Submits spot reports, if necessary, to higher offices;

9. Turnover duties and responsibilities including supplies, logistical funds, organic equipment,
records, paraphernalia, books and magazines to the incoming jail warden upon relief or such
needed records, supplies and equipment to his designated OIC during his absence; and
10. Performs such other functions as higher offices may direct.

II. Assistant Warden

1. Assumes the duties and responsibilities appurtenant to the warden in the latter’s
absence;

2. Assists the jail warden in the implementation of plans, programs and policies of the Jail
Bureau;

3. Assists the jail warden in the supervision and monitoring of various projects, programs
and policies of the Jail Unit;

4. Assists the jail warden in the over-all management of the jail unit; and

5. Acts as chairman of the inmate’s disciplinary machinery.

III. Human Resource Management Officer (HRMO)

1. Supervises the implementation of administrative policies relative to the proper

wearing of uniform, attendance and participation in jail functions;

2. Implements programs for welfare development and uplift of morale and discipline;

3. Prepares the necessary reports for submission to PA and the Regional

Office;

4. Shall be responsible in the safekeeping of administrative and personnel records or

201 files;

5. Prepares office orders, details and disposition of personnel, memoranda,

administrative issuances and other communications as instructed;

6. Programs activities to jail information and education, trainings and seminars, and
sports development;

7. Evaluates the performance of each personnel; and

8. Coordinates with NGOs/LGUs as regard personnel development trainings.

IV. Custodial Unit

A. CUSTODIAL PROCEDURES
Custodial function is a highly sensitive and delicate job that requires personnel specialization,
prowess, and keen knowledge of the job and of the hazards involved. It also requires personnel
mental stability and physical attributes needed to perform at optimum level.

Incidents of escapes due to custodial lapses, however, cannot be attributed solely to the
absence of the factors mentioned earlier. These may boil down to laxity, lack of self-discipline,
and lack of dedication to sworn to job on the part of the personnel concerned.

It is a must that both dedication to the job and discipline be inculcated in the hearts and minds
of all personnel. These can be done thru regular meeting, PI & E and other ways to remind
personnel the essence of being a jail officers, the nature of the job they have chosen, the things
expected of them.

Custodial function therefore is not merely seeing to it that the personnel is/are physically
present or existent. More importantly, it refers to the personnel's conscious efforts ensure the
prevention of any untoward incidents that would tarnish the image of the Jail Bureau and/or,
and the prevention of destruction to lives and properties.

Custodial function is never easy. It involves an intrinsically great responsibilities, such as but
not limited to, strict adherence to rules, regulations, SOP’s, and memoranda, etc. by all
concerned. However, it can be made a hobby, notwithstanding the temptations, hardships and
dangers entwined with it.

The foregoing considered, a warden is required to be present on a 24/7 basis to supervise

personnel and direct the operations of his or her jail unit. Chaos, untoward incidents, and
unsound subordinates' decisions often result from the absence of an officer particularly during
emergencies.

B. RULES AND SOP’S

1. Generally, all personnel should be equipped and clothed with BJMP CORE Values;

2. Custodial personnel shall render the maximum of 8 hours of operational tour-of-duty daily;

3. No personnel shall render less than 50 hours of official tour-of-duty weekly;

4. No personnel shall be allowed 1-day duty with 2-days off; or 2-day-duty with 3-day-off; or weekly
straight duty, especially in far flung jail units;
5. No personnel shall be permitted, allowed or authorized by the warden to act as his personal body
guard or as Intel officer without approval by higher headquarters. The designation of personnel
as personal body guard or intel officer of the warden, if any, shall be covered by a "Letter Order"
and not by a "unit office order only;

6. In-coming duty custodial shall be present 30 minutes before the turn-over to pave the way for
“guard mounting activity;"

7. No personnel shall leave his/her post unless properly relieved. All out-going personnel shall wait
for his/her reliever and the completion of the turn-over before going out;

8. Before the accounting of inmates, greyhound should be conducted, if necessary. Facility check
shall be religiously done. This includes thorough inventory of firearms for fire power, check of
vans for mobility, grills, padlocks, restraining devices, gates and walls to ensure safety and
prevent possible escapes by inmates;

9. During the accounting of inmates both in-coming and out-going shift supervisors and all
members of the in-coming custodial personnel shall personally account the inmates;

10. Accounting of inmates shall be done at least 6 times in a day. No personnel shall carry his gun
while in the designated “No Firearm” Zone inside the jail facility. No personnel shall enter the jail
building unless accompanied by his buddy;
11. It is a must for the in-coming desk officer to check "previous entries" in the Logbook as some
important details or information might have been forgotten by the out-going desk officer to relay
to the in-coming team;

12. Personnel manning designated post shall stay in his/her post for the most of their 8-hour tour-
of-duty. Only when he/she has to relieve himself that he/she is allowed to leave his post but shall
return immediately;

13. Personnel shall be vigilant at all times. No personnel take a nap or sleep while on his/her post
especially during 3rd shift duties or during unholy hours;

14. Shift supervisor shall conduct hourly inspection to ensure all duty personnel are intact, present
and alert in their designated post. He shall likewise ensure that no personnel are using cell phone,
tablet, i-pads or any gadgets that can disrupt their attention while on tour-of-duty;

15. Personnel assigned at the main gate of the facility shall be professionally strict and firm, keen
observer of the surrounding and shall open the gate only when safety is sure. They should see to
it visitors allowed to enter or to go out the jail are properly frisked or inspected and accounted.
They or he/she shall not by themselves or himself/herself deal with the media by but they or
he/she shall inform the warden or any authorized officer in the absence of the warden, for proper
action/disposition. They or he/she must ensure that no inmate shall escape at the gate and no
enemy and/or unauthorized person shall enter;

16. Cell control personnel must not allow any inmate to go out except during IWD activities
authorized by the warden. He shall personally open the cell gates or cells accompanied by other
personnel;
17. Roving guard-personnel shall from time to time inspect the facility building, walls, grills, and
surroundings. They shall assist the IWD personnel during activities of inmates outside cell;

18. Female searchers shall religiously implement strip searches of visitors suspected to be couriers
of contrabands but shall adhere to existing memos and SOP’s as regards the process;

19. Searchers shall be witty and resourceful in searching for contrabands as they are cleverly stashed
in unassuming items such as in chocolates, toothpastes tubes, bath soaps, sole of sandals or
shoes, etc;
20. Searchers shall exercise courtesy to visitors but must be firm in decision making as regards
his/her duty as searcher. Any item he/she has deemed suspicious shall be disallowed to be
brought inside the facility;

21. During visitation of inmates, the shift-in-charge shall assist the cell control officer who personally
supervises and control the exit of inmates from the cell building ensuring that only those who
called are allowed to go out;

22. Establishes Intel inmate operatives/assets for better monitoring of events or happenings inside
cells. Counter Intel operations to verify and evaluate gathered information shall be launched
accordingly.

23. Practice of and adhere to Jail Officers “COMMON SENSE” and “OPLAN GREYHOUND” are musts
all the among jail officers;

24. Never TRUST inmate. ZERO escape is everybody’s business; and

25. To secure IWD programs and activities and closely monitor them, close coordination between
the IWD unit officer and the chief security and custodial unit officer is highly necessary. The
notion that IWD programs and activities weaken the security is immaterial.

C. SPECIFIC FUNCTIONS

1. Officer-of-the-Day (OD)/ Chief Custodial Unit:

a. Assists, advises and recommends to the warden plans or strategies regarding jail
situation, personnel deployment and activities to be undertaken inside the jail facility;

b. Monitors in-coming communications from higher offices, courts, LGU’s, and other
offices;

c. Screens and checks all out-going communications;

d. Inspects on-duty custodial and escort personnel;

e. Fully supervises over personnel conducting IWD activities inside the jail facility;
f. Imposes and implements “No Cell Phone Use, Smoking, Gambling and Drinking” by
personnel while on operational Tour-of-Duty;

g. Strictly imposes the “No smoking, drinking and gambling” policy inside jail;

h. Recommends to the warden the formulation of OPLANs and assists him during dry runs
of the same;

i. Acts as Officer-in-Charge when the warden is on leave or on official business;

j. Performs other duties and functions as higher headquarter or the warden may direct;

k. Assists the higher authority in the proper implementation of policies, SOP’s, rules and
regulations pertaining to jail security;

l. Supervises and monitors the conduct of custodial unit personnel as they perform duties;
and

m. Prepares and submits to higher authorities necessary report/s to pertaining to jail

security and the conduct of custodial unit personnel.

2. Shift/Duty Supervisor:

a. Acts as model to his subordinates and emphasizes the promptness and

punctuality, cooperation, 100% attendance of his team members;

b. Spearheads the proper conduct of guard mounting before the actual assumption
of operational tour-of-duty;

c. Reminds his men about decency, dedication, professionalism and positive

attitude towards work;

d. Relays information to the officer-of-the-day, assistant warden and warden about

any abnormal occurrence/s during the operational tur-of-duty;

e. Assists his team members in any situation/s that calls/call for his official
intervention as senior NCJO;

f. Assists the assistant warden and the warden in the formulation of OPLAN and
during the conduct of dry runs;

g. Assists in the supervision of personnel during the conduct of IWD activities inside
the jail facility;

h. Shall be responsible for the discipline of his immediate subordinates; and

i. Performs other duties and functions as the warden may direct.

3. Desk Officer:

a. Observes strictly proper recording and entry of activities in the logbook and records
comprehensively and legibly all entries of events and activities in jail;

b. Accounts duty personnel before guard mounting;

c. Properly maintains the logbook and preserves all entries made;

d. Thoroughly checks entries in the logbook and notifies the out-going desk officer about
any discrepancy of entry in the logbook;

e. Asks the out-going desk officer about any unrecorded event or about event/s the out-
going desk officer failed to record in the official logbook;

f. Double checks the actual number of inmates recorded in the logbook before
proceeding to official headcount of inmates;

g. Records in the logbook the actual number of inmates accounted during the headcount;

h. Records all vehicles, individuals, calls or letters coming in and going out the jail facility;

i. Carefully checks and personally accounts for the names of inmates due for court
hearing and does the same checking, accounting and identification of the inmates
upon their return from the court;

j. Assists the gate guard when the latter opens or closes the gate and assists also in the
identification of out-going visitors after visiting hours;

k. Disseminates to all individuals concerned all instructions received from the jail warden
and higher authorities;

l. Courteously receives incoming telephone calls, letters, mails, and other items requiring
appropriate action or disposition;

m. Serves as the information officer of the unit;

n. Records daily activities in the journal including special events, occasions, activities of
personnel and inmates, VIP arrivals and unusual occurrences during the tour of duty;
o. Maintains the posting/publication of letter/special orders and other
"disseminations" in the bulletin board such as lost and found items, wanted persons,
etc;

p. Safe keeps and maintains a separate logbook for visitors;

q. Informs the warden about any infraction/violation made by the inmate/s while in
custody for appropriate investigation and disposition by the jail warden or the
disciplinary board;

r. Acts as control officer by sounding the alarm in case of escape or jail disturbances;
hence, alerting the personnel on duty including those not on duty; and receives
emergency instructions from the most senior officer on post or from the jail warden
upon his arrival;

s. Coordinates with other agencies/friendly forces in case of jail disturbances, such as

riot, escape, fire, etc;

t. Spearheads the headcount of inmates before the assumption of their tour of duty;

u. Assigns custodial unit members to different post and monitors them regularly;

v. Ensures the implementation of the Do’s and Don’ts in the security, control and custody
of inmates;

w. Prepares and submits necessary reports to higher authorities;

x. Supervises the proper use of water and lighting facilities in jail in the absence of the
personnel in-charge;

y. Books the newly committed inmate in the jail blotter and assigns the inmate to a
reception area, if any;

z. Ensures the conduct of search on newly admitted inmates and inmates returned by
escort unit before allowing them to return to their respective cell;

aa. Maintains a system of key control, which shall includes accurate listing and receiving
of all keys and prohibiting inmates from handling keys or scrutinizing them;

bb. Personally accounts for all keys before and after assumption of duty to determine
whether all keys are still intact;
cc. Ensures that keys to all emergency exits, cells, brigades, and stage places of fire-

fighting equipment are made available when needed; dd. Adheres to the Eleven

General Orders; and ee. Performs such other functions as higher authorities may

direct

4. Gate Supervisor:

a. Supervises/monitors the conduct of searchers and other duty personnel at the gate;

b. Ensures that the duty personnel at the gate are always courteous/polite to visitors;
c. Ensures strict implementation of the SOP on the conduct of body searches on jail
visitors and inspection of their belongings, and disallows visitor who refuses to be
searched to enter the jail facility;

d. Is responsible for the temporary safekeeping of firearms and other properties not
allowed inside jail facility and brought by organic and non-organic personnel and other
law enforcement personnel;

e. Supervises the inspection of all vehicles that pass through the gate, and makes sure
that all trips of official bureau van are for "official business" only;

f. Records activities/events at the gate;

g. Reports to proper authority any unusual incident in his AOR; and

h. Performs such other functions as higher authorities may direct;

5. Main Gate JNCO:

a. The main gate shall function as primary check point where anybody or material shall
be subjected to rigid inspection before he/she or it be allowed entry into the facility;

b. Must be alert, vigilant and keen observer at all times must not carry long firearm;

c. Must open the main gate only when necessary must keep the same securely locked at
all times;

d. Must ensure that hinges and padlocks are fully operational;

d. Must observe safety procedures by ensuring no inmate shall stay near the gate
at any time must not to talk to anyone except in line of duty;

f. Must ask who is at the gate, request for identification, ask the purpose of the
visit and name of inmate he/she intends to visit, and verify through the gate's
peephole whether or not it’s already safe to open the gate;

g. Informs the desk officer or any personnel about his decision to open the gate
and thereafter requests for their assistance;

h. Upon entry of visitor/s, the gate must be closed immediately and double
checking of the padlock must be done to ensure that it is properly locked;

i. Must advise non-organic personnel, friendly forces to deposit their firearms

before entering the facility;
j. No inmate shall be allowed near the main gate;

k. Ensures that no inmate shall escape through the gate;

l. Religiously adheres to the eleven (11) general orders during the tour of duty.

m. Requires/verifies ID, and checks individuals coming in and out the facility;

n. Counterchecks entrance stamp/security marks of visitors leaving the jail

premises;

o. Strictly implements policies/guidelines pertaining to gate security and control;

p. Thoroughly inspects all vehicles that enters and leaves the jail facility;

q. Immediately reports to the higher authority any unusual circumstances during

the tour of duty;

r. Counterchecks the list of inmates going outside the jail facility for legal purposes;
and

s. Performs such other functions as higher authorities may direct.

6. Secondary Gate Guard:

a. The secondary gate shall function as final check point before anybody or anything shall
be allowed entry the heart of the facility;

b. Must conduct physical and ocular inspection of all persons or vehicles allowed entry
through the main gate;

c. Must advice non-organic personnel, friendly forces or civilians to deposit their

belongings such as cell phones, video or camera and other gadgets not authorized inside
the facility;

d. Must inspect the van thoroughly and account inmates due for Court hearing before
opening the secondary gate;

e. Must inspect the van and inmates on their return from the Court before allowing their
entry; and
f. Must conduct thorough and proper inspection of all vehicles going out of the facility and
of all persons passing his post.

7. Main Cell Gate Control JNCO:

a. The main cell gate JNCO shall function as main check point before any inmate shall be
allowed to go outside;

b. Must not carry firearm while on TOD;

c. Must never leave his post unless he or she is going to relieve himself or herself or he or
she is properly relieved;

d. Must not entrust key to any inmate;

e. Must open the main cell gate only when necessary in the presence of a buddy;

f. Must devise a procedure ensuring systematic control of inmates coming in and out the
jail building;

g. Must keep note on the number and identification of inmates that went out to participate
in any jail activity;

h. Must strictly impose memorandum, and SOP as regard time. Inmates should be already
inside their respective cell at 1700H and ensure that no one shall be allowed to linger
outside;
i. Must refrain from playing games using electronic gadgets and must refrain from
engaging himself/herself with social media during his TOD;

j. Must refrain from taking any food or beverage offered by inmates especially during night
duties; and

k. Must not instantly open cell gate upon notice of commotions or receipt of emergency
calls from inmates as these information about commotions and emergency calls might
only be tactics or ploys to rattle the cell gate JNCO; hence, the need for him to assess
first the situation and apply contingency procedures as the need be.

8. Roving Guard:

a. Must not stay long in a place and nor remain thereat for the duration of TOD;

b. Must not bring firearm while in areas of the jail facility where carrying said firearm is not
allowed;

c. Refrain from utilizing inmates as jail aides rendering massage/or other personal services;

d. Shall assist the secondary guard in the inspection of inmates going out and coming in to
the jail facility;
e. Observes keenly the surroundings, behavior and actuations of inmates; checks
perimeter walls, fences, and barbed wires for any sign of breaches of security, and
removes objects that can be used to climb or scale the walls and other materials that can
be utilized for escape by inmates;

f. Tightly guards inmates requested to throw garbage or who simply hang their clothes in
the drying area;

g. Acts accordingly and immediately calls the attention of other personnel, officers and the
warden in in cases of any abnormal situation such as jail emergencies or disturbances as
well as emergencies brought about by natural or man-made calamities;

h. Conducts regular roving inspection of his/her area of responsibility to monitor the

movements/ activities of inmates and the jail situation as a whole;
i. Immediately reports to the desk officer any incident or any unusual situation observed;

j. Inspects regularly the jail security facilities, such as window grills, ceilings, walls, iron
bars, etc., and immediately reports to the desk officer any unusual observations for
proper disposition; and

k. Performs such other functions as higher authorities may direct.

9. Tower Guard:

a. Acts as the eyes of the whole facility for the duration of TOD; hence, must be very alert
and observant;

b. lmmediately alerts any personnel via handheld radio or sounds the alarm upon noticing
any unnatural event/s inside and outside of the facility;

c. Gives or sounds the alarm when calamity threatens the facility;

d. Instantly alerts all personnel in the event of any disturbance perpetrated by inmates and
that occurs more often when inmates are to perform tasks/activities in areas or places
outside their cells;

e. Using his utmost and sound discretion, fires warning shots during disturbances, attacks
from enemy forces, and when inmates are trying to escape by scaling the wall or when
inmates are in the act of actually destroying parts of the facility;

f. Must not allow any inmate to be in his designated place of assignment;

g. Religiously adheres to the eleven (11) general orders during the tour of duty;

h. Closely monitors the situation within his area of responsibility and immediately reports
to higher authority any unusual circumstances;

i. Alarms the higher authority as the need arises; and

j. Performs such other functions as higher authorities may direct.

D. SEARCHES – PROCEDURES

To attain 100 percent effectiveness of every search, it demands dedication, cunning, wit, and
firmness of every searcher. Searchers should possess qualities and characteristics that are
unbendable by temptations, threats or pressure, demands and intimidations by inmates,
visitors or colleagues in the uniform service. Basically, everything that goes in inside the jail
passes through searchers. Searchers comprise the first line of defense to thwart the entry of all
contrabands and the last line of defense when communications aimed to besmirch or
embarrass the jail bureau come from inside the jail.

It is a fact though, that contrabands were often slipped into the jail by erring personnel. It is
most imperative therefore that pre-emptive measures to ensure that proliferation of these
items will be curtailed once and for all.

Specific Functions of Searchers:

1. Searcher must aim for zero (0) contraband-slipping through him/her or smuggling into
the jail facility during his/her duty as searcher;

2. Must be professional, exercising prudence and sound judgment, respecting the rights of
visitors or personnel whom he or she subject to search;

3. Searcher shall be strict and firm in his/her decision but must his/her decision must be
within the purview of existing BJMP memoranda, rules, regulations and SOP’s;

4. Searcher must be impartial and must treat all visitors and personnel equally to avoid any
misunderstanding;

5. Observe courtesy to all visitors and/or personnel. Searcher must not be harsh and rude
during his/her duty and he or she must refrain from making any unnecessary comment/s
on all visitors;

6. Any visitor whom he/she has observed to be under the influence of intoxicating
beverages shall be disallowed inside the jail facility;

7. Letters and all communications shall be thoroughly read and censored. Those which may
affect security or emotion of inmates the visitor intends to visits should not be given to
the addressee;
8. He/she shall apprise any suspected visiting courier/s of contrabands of his/her or their
right before any bodily, strip or body cavity search will be done on him/her or them;

9. Strip or body cavity search shall be done professionally in the designated search
room wherein the searcher is accompanied by the duty personnel who supervises and
witnesses search conducted. The searcher must wear latex glove;

10. Whenever possible, the searcher must see to it that the person to be searched shall be
accompanied by another visitor who shall act as witness the procedures conducted;

11. Adheres to related laws (GAD and VAWC) as regard the procedures to be conducted and
is sensitive to the rights of the person to be subjected to search;

12. Searcher must not divulge any personal observation made on the subject’s body for
whatever legal purposes;

13. Let’s the visitors sign a waiver for the search he/she will undergo.
a. Refusal to sign any waiver means he/she shall not be allowed to enter the facility on
that day he/she shall be subjected to same procedure when he/she decides to return
for a visit on other date.
b. Refusal for a visitor to have his belongings searched shall be a ground to disallow
him/her entry to the facility.
c. Upon approval of the warden or his authorized representative, personnel who shall
refuse to be searched likewise must not be allowed inside the facility;
d. Personnel shall likewise be subjected to strip search. However, the procedure must
be done by the warden, assistant warden or ranking officer whom he is under.
e. Refusal of personnel to undergo strip search will mean he/she will be disallowed to
enter the facility and if he/she is a duty custodial, he/she will be marked absent on
that date. He/she shall undergo the procedure the next day when reporting for work.
f. Personnel who refuse for two consecutive times to undergo strip search shall be
charged accordingly; that is, appropriate charged will be filed against them.
g. All vehicles must undergo intensive search before entry to and exit from the facility.
h. Relatives of personnel including those of the warden shall not be excluded from
anybody search before entering the facility.

14. Searcher must have at least one (1) buddy and shift supervisor during searches;

15. In cases where/when a contraband or contrabands is/are confiscated from any person
or organic personnel, the searcher shall immediately notify his/her buddy, and turn-over
the contraband/s and courier to the shift supervisor or any duty personnel. The latter
shall immediately inform the warden. The duty personnel must take photos of and
document every detail of the search made;

16. He or she shall inform the desk officer who shall record the incident in the logbook,
stating every minute-detail of the confiscation. This is done for documentary for
documentary and evidentiary purposes relative to the
filing of filing of appropriate charge/s against the courier of the contraband/s;

17. The searcher and his or her witnesses must be committed to pursue the case filed against
the suspect;

18. Strictly implements SOP in the conduct of body searches on jail visitors and on the
inspection of their belongings;

19. Prepares and maintains an official record of inmate’s visitor/s;

20. Conducts body search on inmate’s visitors, personnel and other visitors who enter the
jail facility with their belongings likewise inspected;

21. Strictly implements the policies/guidelines pertaining to confiscated contrabands;

22. Performs strip search on all inmates prior to and after transport and before allowing the
inmates to enter his/her cell;

23. Strip searches shall be conducted by the personnel of the same gender as that of the
inmate being searched;

24. Prepares and submits report on any incident/s taking place within his/her area of
responsibility; and

25. Performs such other functions as higher authorities may direct.

NOTE: Any personnel involved in the confiscation of contraband during his/her official
TOD refuses or refuse to stand as witness during the trial shall put in writing his/her or their
reasons, stating therein all circumstances and compelling grounds of his/her or their
withdrawal with the same duly notarized. His/her or their failure to act in the interest of the
bureau will be dealt with accordingly.

V. Escort procedures

Escorting inmates from Jail Unit to another or to other destination is an intrinsically risky
function considering that both personnel and inmates are vulnerable to any sorts of danger
from unfriendly forces. In escorting, an inmate has contact with the outside world which makes
him more psychologically pumped up to seek freedom using any means necessary for him to
escape either by the help of other people or himself. Lawless elements or civilians will have the
best opportunity to abduct or assassinate inmate/s that may itself endanger escort personnel in
the process.
Escorting is authorized by law but there have been many cases where it is abused by erring
personnel. Eventually, this leads to escape by prisoners and sometimes results in casualties of
personnel, more so; henceforth, putting the Bureau in a bad light and embarrassment.

Strategic and careful planning prior to any movement by the warden and chief escort is indeed
necessary. Thus, members of escort team shall first be briefed and notified about any
scheduled movement. Proper coordination with friendly forces in the locality while en route to
any destination is a must. Intelligence gathering shall be made inside jail units and around AOR
before any movement is done.

Therefore, escorting procedures must be strengthened and strict compliance with the same by
escort personnel ensured. It is not enough that escorting personnel adhere to existing rules and
SOP’s. Equally or even more important is the assumption by the personnel concerned of the
“sense ofgreat responsibility." Professionalism, team work, proficiency and cohesion must also
be inculcated in them. Stiffer penalty shall be imposed those who shall be found violating
SOP’s, most especially in cases resulting in escape by an inmate or inmates.

1. Before Leaving for Court:

a. The prisoners’ van must be thoroughly checked (BLOW BAGETS) and inspected for
the presence of explosives;

b. The inmate/s must be searched or frisked at the cell gate for any weapon, key and
other prohibited items before he/she or they steps or step out his/her or their cell;

c. Before letting the inmate or inmates board the prisoners' van, proper identification
of the inmate or inmates must be conducted by both custodial and escort personnel
to ensure that such inmate or inmates is/are the same as the one or those whose
name or names appears or appear in the list of inmate or inmates to be escorted for
the court hearing;

d. Otherwise notified in Open Court, names of inmates for the day’s scheduled hearing
shall be announced “only” in the morning to deter inmate’s plan to escape;

e. A Standard Operating Procedure (SOP) must be practiced, Right-to Right or Left-to

Left in placing handcuff to inmate in pairs; and

f. Aside from the issued standard two-way radios, “NO” escort personnel including the
official driver shall use personal cellular phone while escorting en route to and from
the court. Only the chief escort shall have the privilege to use cellular phone while
escorting but he or she limited to official communication/s only.
2. Inside the Court:
a. In Courts where there is no holding area for inmates, the personnel should place the
inmate or inmates in the most secured area within the court house while waiting for
the call of his/her or their;

b. While the inmate or inmates is/ are inside the court, civilians or his/her or their
relatives be restricted from giving him/her or them anything such as letters,
toiletries, money, foods, clothes, etc;

c. Escort personnel shall not in any manner allow any civilian except his or her counsel
to sit with inmates during court hearing;

d. As a general rule, inmate must be handcuffed at all-time unless the Judge orders
otherwise; and

e. Do not allow relatives lengthy talks to an inmate or inmates shall not be allowed to
talk lengthily with his/her or their relatives before or after the hearing. (See ANNEX
“D” para 14 OCA NO. 08-2013)

3. Upon Return to Jail:

a. Upon arrival from the Court, an inmate or inmates shall be put in a holding area
where he/she or they will be accounted for by the custodial duty personnel and
searched for any contraband that might have been given to him/her or them while
in the court; and

b. After inmate/s is/are cleared of any contraband and duly accounted for, escort
personnel shall then un-cuff and endorse him/her or them to the cell gate guard for
his/her or their return to his/her or their respective cell.

4. Medical Referrals:

a. Authentic court order for the inmate to undergo Medical check-up must be obtained;

b. In cases of "between life and death situations," whether the cause is natural or one
that resulted from a fatal injury inflicted inside the jail, the inmate or inmates must
be referred to personnel concerned for appropriate medical care and attention;

c. In emergency cases, the duty doctor, medical staff or jail nurse shall immediately
assess the inmate or inmates to determine whether or not the inmate or inmates
is/are in great danger or whether or not the life
of the inmate or inmates is in peril if he/she or they is/are left unattended.

d. During confinement of an inmate or inmates in a hospital, the escort duty must not
exceed an eight (8) hour tour of duty especially when the illness of the inmate or
inmates is contagious;

e. Always adheres to the buddy system when escorting at hospital;

f. Must strictly limit the number of relatives, friends or civilians visiting inmate patient
or patients especially when the inmate patient or patients is/are a high risk /a high
profile inmate or high risk high profile inmates VEO’s; and

g. When the confinement of an inmate or inmates in a hospital or when the medical

evaluation of an inmate or inmates is deemed too risky or when the escorts are
reasonably few, the warden shall immediately make a formal letter to the court
stating therein valid reasons for their inability to bring the inmate or inmates to the
hospital and he/she shall request the court to direct a government physician to treat
or conduct checkup of the inmate or inmates inside the jail.

5. Viewing the Remains:

a. Authentic Court Order for the inmate to view the remains of his/her immediate members of
the family must be obtained;

b. Wardens or their authorized representatives shall coordinate with the court to ensure that
the order allowing an inmate or inmates to view the remains of his/her or their immediate
members of the family must specify the date and that the purpose is purely inmate's or
inmates' viewing;

c. The chief escort shall seek the approval of the warden on the planned route and best possible
time proposed to proceed for monitoring purposes and avoidance of deviation;

d. In cases where court order has been issued but the place is risky and there is a great
possibility that inmate might be rescued, or escorts’ life might be greatly imperiled, the
warden shall make immediate representation before the court and manifest the
impossibility of bringing the inmate or inmates to the destination so indicated in the order;

e. At the wake, two (2) escorts shall accompany the inmate while other escorts shall secure the
place to prevent any untoward incident;
f. Inmate must wear only yellow t-shirt marked with BJMP Detainee and his handcuff shall not
be removed while at the wake; and

g. As much as possible, communication between him and his relatives, friends or other civilians
shall be brief and limited.

6. Transport:

a. First hour in the morning, as daily routine, official drivers shall observe
“BLOW BAGETS” procedures;

b. While en route, the driver should not stop in any place along the way unless, there
is a reason to do so. However, he has slow down when approaching check points or
detachments put up by authorities;

c. When re-routing is inevitable, the official driver must be familiar with the street or
place he is traversing and must be sure that the route is safe; and
d. He must drive at a reasonable speed while transporting inmates. He should drive
carefully, prudently, and defensively all the time.

7. Movement Schemes:

a. Prior to any movement of HR/HP inmates and VEO’, unit intel shall coordinate with
the intel community in his AOR and in the place where the inmates/s will be taken.
The result of his work shall be relayed immediately to the warden and escort team
leader evaluation and concomitant planning for counter intelligence operations, as
the need be;

b. The warden is duty bound to personally coordinate with the local chiefs of police and
other friendly forces for assistance and/or back up en route to the destination. In his
absence, the assistant warden shall do the task;

c. Upon assurance of assistance or back up from the PNP or other friendly forces, the
warden shall initiate strategic planning, tactical briefing or brainstorming with team
for other possible options that will ensure safety of all personnel and inmate/s;

d. The team shall then without delay proceed, maintaining an open communication
with PNP counterparts or friendly forces as regards route security. However, the
details of any route to be taken shall solely rest under the discretion of the Escort
Team Leader and members as planned;
e. Personnel aboard the main and back up vehicles shall maintain open communication
while in transit and shall treat other vehicles especially those vehicles without plate
numbers or conduction stickers as carrying would be rescuers or assassins of the
HR/HF inmate and VEO’s. Personnel shall make hand signal for other vehicles to go
slow or to overtake the convoy;

f. Deviation is not allowed. However, to deviate from the shortest route when there is
a clear and present danger shall be allowed swiftly with prudent assessment of the
team leader and/or members of the team to ensure everyone’s safety;

g. As much as possible, the route taken in going to the destination must be avoided
during the return of the team to the jail unit. Alternate routes should be pre-
identified, and security threats assessed for smoother travel with delay in returning
to the jail unit avoided, and

h. When engine malfunctioning is experienced while on transit, pull over in a safe part
of the way is recommended. The driver shall immediately assess the cause of the
engine's malfunctioning and solve the same. The team members must be on high
alert making sure that the safety of the inmate and all escort personnel is in place. If
the vehicle is totally broken, the other vehicle shall be used immediately and notice
about the possible delayed arrival should be provided the warden and the court
concerned.

8. In times of Attack, Rescue Attempt:

The maxim “Kill when imperative than to be killed" should be applied. However, the
personnel concerned should always observe the salient provisions in the rules of
Engagement before resorting to such violent action.

a. When fired upon, driver shall out run the attackers if possible;

b. If it is impossible to out run the attackers, pull over along the road or in an area where there
can be a barrier for cover is recommended;

c. Personnel should observe and find out where the fire power is coming from;

d. As much as possible and unless the threat is such very serious as to result in personnel-
casualties or inmate-casualties, the personnel should not engage with the enemy;

e. Neutralize threat as necessity calls for it;

f. When threat is far too strong, the personnel concerned should immediately call for back up
from other jail units and friendly forces in the area; and

g. When threats have been neutralized, the personnel concerned shall identify the attackers,
secure those who have survived, account personnel and inmates and call/request for the
call the assistance of the nearest PNP in the area.

Escort Personnel

1. Chief Escort Unit:

a. Coordinates with chief of admin section and determines the number and names
of inmates scheduled for court hearings and their places of destination as
approved by the jail warden;

b. Coordinates with the custodial unit in connection with the list of inmates
scheduled for court hearings and assumes responsibility over them after inmates
are properly accounted for and turned over by custodial unit.;

c. Designates escort personnel for inmates scheduled for court hearing;

d. Accomplishes and signs the Daily Escort Slip indicating there in the names of
corresponding security escorts and inmates, the cases of inmates and the courts
concerned for the information of the jail warden;

e. Conducts guard mounting and accounts for all members of the escort unit,
drivers, vehicles to be used, and the firearms and equipment to be carried or
issued;
f. Inspects carefully all security devices such as handcuffs, probations, metal
detectors, etc. to be used during tours of duty;

g. Ensures the proper use of handcuffs and color coded T-shirts by inmates while
outside the jail facility;

h. Personally supervises the conduct of body search on inmates by the members of

escort unit before the inmate or inmates leaves/leave the jail facility;

i. Monitors thru handheld radio or cellular phone the situation/location of escort

and inmates while outside the jail facility;

j. Maintains regular contact with the jail warden on all movements or transfer of
inmates; and

k. Performs such other functions as higher authorities may direct.

2. Escort Unit member:

a. Checks and receives the inmates indicated in the escort slip duly signed
by the chief escort:

b. Properly handcuffs and conducts body search on inmates assigned to

him/her before the inmate or inmates leaves or leave the jail facility and
before the inmate/inmates leaves or leave for the place for which
purpose he/she or they is/are escorted;

c. Escorts and secures the inmates while in transit to court, to other

authorized destinations and to hospitals in cases of emergencies;

d. Properly implements the Do’s and Don’ts in escorting an inmate;

e. Presents the inmates in person to the court concerned on time and

observes court rules/demeanor;

f. Provides security during the conduct of body search by the member of

custodial unit upon return of the inmate or inmates to jail facility;

g. Properly turns over to the desk officer escorted inmates;

h. Reinforces or augments the custodial unit as it conducts operation

greyhound, other security services and jail activities; and

i. Performs such other functions as higher authorities may direct.

VI. Records Unit

1. Verifies the authenticity of court orders, subpoenas, release orders, mittimus, bail
bonds, and records of pending and decided cases, if any;

2. Receives the inmate and documents related thereto from the committing officer,
and conducts the following:

a. Start the booking procedures;

b. Accomplish the jail booking sheet;

c. Strip-search the inmate to check for any birth marks, tattoos, etc;

d. Encode the inmates’ information in the NIMS;

e. Fingerprint and photograph the inmate with mug shot background; and

f. List the names of the visitors authorized by the inmate.

3. Apprise the inmate about the provisions of Art 29 as amended by R.A. 10592 in the
dialect that he or she understands;

4. Facilitate the signing of the detainee’s manifestation if he/she agrees to abide by

the same disciplinary rules imposed upon convicted inmates. Otherwise, the
Warden issues a certification under oath manifesting that the inmate was apprised
of the provision of Art 29 of the RPC as amended and refused to abide by the same;

5. Store all documents in the Inmate’s Carpeta;

6. Follow up mittimus and other documents or papers necessary for the transfer of
prisoner to a correctional institution;

7. Informs the court of the names, cases and dates of detention of inmates who have
not been arraigned yet.

8. Secures court clearances and photocopies of legal documents;

9. Records all documents received from courts, from prosecuting attorneys, and from
the counsel/s of inmate/s;

10. Monitors and prepares a status report of pending and resolved cases of
inmates.
VII. Liaison Officer

1. Coordinates and officially transacts business with courts, and other government
agencies, NGOs and LGUs on jail programs, projects and activities as directed by the
warden; and

2. Informs the chief of administration about the results daily transactions and liaison
activities.

VIII. Property Custodian

1. Maintains inventory records of properties/equipment and supplies;

2. Installs markings, tags or symbols on equipment/properties to determine level of

priority during evacuation phase;

3. Receives and records all equipment and supplies issued by the regional office and
local government units and those donated by NGOs;

4. Issues firearms, equipment and supplies to personnel concerned;

5. Accounts properties received from the regional office, LGUs and NGOs;

6. Issues receipt for deposited FAs and issues the necessary certification as an
employee applies for leave or retirement;

7. Updates documents and other issuances;

8. Takes custody of all confiscated/recovered contraband

with corresponding markings necessary as material evidence in court;

9. Receives and issues corresponding receipt of deposited money and personal

properties of detainee upon his admission in jail;

10. Check the inmate’s belongings for presence of contraband upon his Commitment;

11. Takes all cash and other personal properties from the inmate, list them down on a
receipt form with duplicate, duly signed by him/her and countersigned by the
inmate. The original receipt should be given to the inmate and the duplicate kept
by him or her;

12. Keeps all cash and other valuables of the inmate in a safety vault. Said cash and
valuables may be turned over to any person authorized by the inmate; and
13. Provides all keys with tags, distinctly marked to avoid confusion during
emergencies.

IX. Paralegal Officer

1. Verifies the authenticity of the court orders;

2. Coordinates with the custodial duty whenever there are paralegal activities;

3. Monitors the case status of inmates and acts appropriately on cases that qualify for
early release of the inmate/s;

4. Assists inmates in availing themselves of any of the modes for early release;

5. Endorses to the provincial paralegal officers cases that need to be acted upon by a
provincial agency or an agency within the territorial jurisdiction of the province, if
the jail does not have the resources to coordinate with such an agency;

6. Coordinates with other sections in the jail in the conduct of paralegal activities;
7. Coordinates with the local justice and welfare sector agencies (e.g., PAO,
Prosecutors, Courts, BPP, PPA, and LSWDO) to protect the rights of and to promote
the development inmates, especially CICL;
9. Organizes, coordinates and supervises paralegal volunteers, service providers, and other
organizations that provide paralegal services;

10. Oversees the organization of a pool of paralegal aides among the inmates for the
purpose of attaining the objectives of his/her office;

11. Supervises, trains, and leads paralegal coordinators in promoting

awareness of inmates’ rights, relevant laws, and the modes of releases;

12. Enforces uniform guidelines for paralegal volunteers and NGOs providing paralegal
services in harmony with the BJMP National Headquarters issuances;

13. Implements, develops, and plans short term and long term programs and activities to
enhance paralegal services;

14. Recommends to the provincial paralegal officer the adoption of certain

policies;

15. Submits paralegal reports to the Provincial Paralegal Officer not later than every 10 th day
of each month;

16. Submits an annual accomplishment report not later than the 10 th day of
January of each year; and

17. Submits confidential report on any person, regulation, policy.

X. Inmates Welfare and Development (IWD) Unit Officer

1. Coordinates with the custodial duty whenever there are activities;

2. Keeps records and reports of all IWD’s activities and accomplishments;

3. Establishes coordination with GOs, NGOs, LGU’s, other service providers, and the
community through the jail warden on every IWD’s activity to be undertaken;

4. Coordinates with various religious sectors in the implementation in jail of religious

activities/programs;

5. Supervises the use of tools and other potentially dangerous articles, such as
bottles, acids, kitchen knives, etc. and keeps them out of inmates’ reach when not in
use;

6. Supervises the orientation of inmates on all BJMP rules and regulations related only
to their detention;

7. Supervises the issuance/s, safekeeping, accounting, and disposal of IWD materials

and items;
8. Accounts and secures properly in a safe place kitchen utensils, knives, and other
IWD materials making them inaccessible to inmates;

9. Provides inmates with education and skills training programs, and work programs
to enhance their chances for employment upon release;

10. Provides opportunity for inmates to attend religious services, to avail themselves of
guidance and counseling, and coordinates with other units/agencies/institutions
concerned in conceptualizing, implementing and
promoting inmates’ welfare program/s;

11. Promotes participation by inmates in civic programs and activities, values

formation, group dynamics, etc;

12. Gives opportunity to inmates for active participation in a variety of

recreation and sports activities in jail;
13. Assists in coordinating for the early release of inmates in line withan existing of
decongestion programs;

14. Briefs or orients inmates on jail policies and regulations;

15. Identifies inmates with potential or ability to undertake rehab education, training
and work programs;

16. Initiates implementation of supplementary programs/activities to enhance the

rehabilitation of individual inmates;

17. Conducts continuing study to determine the effectiveness of every IWD

program/project/activity implemented and make appropriate recommendations;

18. Conducts periodic inventory of IWD supplies and materials, in order to prevent
pilferage, loss or manufacture of improvised deadly weapons by inmates and
submit report thereon;

19. Improves the productivity of viable livelihood projects through employment of cost-
saving measures, search for better market, and increase in yield or production and
quality enhancement;

20. Accounts for inmates who have been fully rehabilitated and recommend their
possible employment upon release; and

21. Insures sustainability of TCMP in jails.

XI. Medical Officers

1. All offenders committed to district, city and municipal jails, and BJMP personnel are
entitled to available health services;
2. Check on the authenticity of the entries in the medical certificate. Conduct
thorough physical examination to assess the condition of the inmate, and ask
searching questions to determine injury sustained after the conduct of medical
examination or those injuries not diagnosed prior to commitment in jail;

3. Establish and maintain proper coordination with local executives, local health units
and civic health organizations for seeking health-related assistance;

4. Shall coordinate and/or assist in the conduct of medical missions by benevolent

groups, association and agencies;

5. Make referral of patients to a hospital/clinic;

6. Shall perform actively in the physical examination, diagnosis and treatment of
medical and surgical cases affecting offenders and personnel;

7. Shall conduct daily progress records of all confined patients in BJMP health stations.
Patients hospitalized in other health care institutions shall likewise be monitored
and properly recorded;

8. Shall supervise and provide technical assistance to all health personnel in the
conduct of health care delivery; and

9. Shall conduct epidemiologic studies of disease affecting personnel/ offenders and

other relevant statistics.

XII. Dental Officer

1. All offenders committed to district, city and municipal jails, and BJMP personnel are
entitled to available health services;

2. Newly-committed offender shall be thoroughly evaluated, examined, and the result

of said evaluation/examination shall be properly recorded. Emphasis must be made
on external signs of trauma like abrasions, contusions, hematomas, etc.
Companions of offenders must be noted and recorded, including jail guards in
attendance;

3. Establish and maintain proper coordination with local executives, local health units
and civic health organizations for seeking health-related assistance; and

4. Shall coordinate and / or assist in the conduct of medical missions by benevolent

groups, association and agencies.

XIII. Jail Nurse

1. All offenders committed to district, city and municipal jails, and BJMP personnel are
entitled to available health services;

2. Newly-committed offenders shall be thoroughly evaluated, examined and properly

recorded. Emphasis must be made on external signs of trauma like abrasions,
contusions, hematomas, etc. Companions of offenders must be noted and
recorded, including jail guards in attendance;

3. Establish and maintain proper coordination with local executives, local health units
and civic health organizations for seeking health-related assistance;

4. Shall coordinate and / or assist in the conduct of medical missions by benevolent

groups, association and agencies;
5. Shall properly document and report to higher authorities all kinds of donations
given to offenders and / or office;

6. Conducts regular assessment of health situation of inmates;

7. Programs health activities in jail, such as medical mission, health education and
other related health activities and acts as medical/health records clerk;

8. Administers medications of general prescription for common diseases in the

absence of a medical officer;

9. Conducts frequent health education programs for inmates emphasizing on the

importance of personal hygiene in the prevention of diseases;

10. Provides first aid or emergency assistance to inmates; and

11. Coordinates with the city/municipal health officer and other agencies, NGOs for
assistance, medical check-up and treatment of inmates.

SECTION 46. SPECIAL TACTICS AND REPONSE (STAR) TEAM

It is an elite tactical unit trained to perform high-risk operations that falls outside the
operational abilities of the regular BJMP personnel and is equipped with specialized skills and
sophisticated firearms and equipment. A ready force is composed of highly trained BJMP
personnel and experts in dealing with high risk, high profile inmates and VEO’s, as well as in
controlling critical jail disturbance and incidents

The Bureau shall maintain a STAR team in its national, regional and provincial offices; in big
jails with high risk, high profile inmates and VEO’s; in jails that are strategically located for the
STAR team's immediate response, and in nearby jails to whom the STAR team could, during
emergency cases, extend assistance to if the number of its members so warrants.

STAR trained personnel should NEITHER be assigned individually in jail NOR be given custodial
responsibility. They should be assigned by teams only in places mentioned in the preceding
paragraph in order not to defeat the primordial intent of its creation.

A. Scope of Jurisdiction

1. The BJMP-NHQ STAR Team shall be under the direct command and supervision of
the Director, Directorate for Operations.
2. The BJMP Regional STAR Team shall be under the direct command and supervision
of the Regional Director.

3. Upon deployment of the STAR Team, commands/orders shall emanate from the
Team Leader.

B. Duties and Responsibilities

1. Shall serve as the last resort in addressing crisis in jail.

2. Shall augment the force during court hearings of high risk/high profile inmates and
other similar tasks.
3. Escorts high ranking/key officers and other dignitaries of state.
4. Performs other task/functions as the Chief, BJMP/Regional Director may direct.

C. Other Functions

1. To escort and secure dangerous inmates in high-risk situations;

2. To provide services for major jail operations;
3. To resolve siege and hostage situations, as well as armed offender situations;
4. To provide a negotiation service in high-risk and critical situations;
5. To undertake searches of jail premises in high-risk situations; and
6. To neutralize jail disturbances that may arise at any of the BJMP facilities, using the
necessary force to maintain and restore peace, discipline and order inside jail
premises.

D. Team Composition and Basic Functions

1. Team Leader

a. Must have the rank of inspector, at least;

b. Must be a graduate of STAR Course, CQB or SWAT;
c. Oversees the general plans during tactical operation;
d. Promotes the morale and welfare of S.T.A.R team members; and
e. Performs other functions as the Chief, BJMP/Regional Director may direct.

2. Assistant Team Leader

a. Must be the most senior JNCO;

b. Must be a graduate of STAR Course, CQB or SWAT;
c. Assists the team leader regarding plans for tactical operation;
d. Assumes the duties and responsibilities of the team leader during the
latter’s absence; and
e. Performs other functions as the Team Leader may direct.

3. Communication JNCO
a. Must be a graduate of STAR Course, CQB or SWAT;
b. Responsible in command post operations, radio communications, communication codes and
video recording (if available) between the team and the command post;
c. Responsible for coordination with other teams, units, media, and the
National Headquarter/Regional Office; and

d. Performs other functions as the team leader may direct.

4. Supply JNCO

a. Must be a graduate of STAR Course, CQB or SWAT;

b. Prepares request for logistical needs;
c. Ensures all equipment/gadgets are operational and accounted;
d. Ensures the availability of other supplies needed; and
e. Performs other functions as the Team Leader may direct.

5. Other Members

a. Must be a graduate of STAR Course, CQB or SWAT; and

b. Performs other functions as the team leader may direct.

SECTION 47. QUICK RESPONSE TEAM (QRT)

It is created purposely to respond immediately and efficiently and to contain, control, and
solve in the shortest possible time any form of jail incidents/disturbance while waiting for the
arrival of reinforcement from the National/Regional STAR team/s and friendly forces.

It is imperative that all jails nationwide have Quick Response Team/s (QRT). As first
responders, members of the QRT must undergo trainings and seminars for them to be
equipped with the knowledge and skills in jail incident management.

A. Scope of Jurisdiction

➢ Shall be under the command and control of the jail warden, or in his absence, the
assistant warden or the most senior JCO/JNCO.

B. Duties and Responsibilities

➢ Acts as first responder to any jail incidents.

1. Alarm -gives the alarm through siren, whistle, shouting, etc.
2. Contain - isolates/cordons the affected area.
3. Report - provides correct and precise information about the situation.
4. Evaluate - evaluates damage to equipment and facilities; - evaluates
personnel/inmates situations.

C. Team Composition

a. Team Leader

➢ A former STAR Team member or have undergone Quick Response

Training.

b. Assistant Team Leader

➢ Have undergone Quick Response Training.

c. Members

➢ Have undergone Quick Response Training.

Section 48. NATIONAL INMATES’ MONITORING SYSTEM (NIMS) – A dynamic stand-alone

client application software is used in Bureau of Jail Management and Penology (BJMP)
Jails nationwide in automating the inmates’ records.

A. SCOPE

➢ NIMS is currently installed in all BJMP jails nationwide. Which includes, but not limited to:

1. 460+ Jails
2. Jail Provincial Administrator’s (JPA) Offices
3. BJMP Regional Offices

B. PROCESS FLOW

1. Jail Level

a. Committed inmate will undergo a jail booking;

b. Inmates’ information will be encoded thru NIMS within jail level;
c. 100% data within the jail; and
d. Will be submitted to provincial/regional Office for consolidation.

2. Provincial/Regional Level

➢ Consolidates and submits consolidated data from jail level for regional level consolidation.

3. National Level

a. Submitted data from Provincial/Regional Level will be Consolidated for

National Level Consolidation;

b. Consolidation of database will be on the National Level; and

c. BJMP National Headquarters having a nationwide database for inmates’
records.

SECTION 49. GREYHOUND FORCE - It aims to eliminate in all BJMP manned facilities
any form of contrabands that could have adverse implications on overall administration of the
facilities and to ultimately establish order in all jails, promote operational efficiency and
encourage adherence to prescribed operating policies.

All regions should create a Greyhound Force whose composition shall be in accordance with
BJMP Manual on Operation Greyhound and SOP on Control of Contraband and Physical
Evidence. This way, surprise major greyhound operation in all jails to be spearheaded by the
Regional Director or Assistant Regional Director for Operations may launched anytime.

A. Duties and Responsibilities

1. Ground Commander - All orders concerning troop movements will emanate from him.
Irrespective of the hierarchy of command, no authority shall take precedence or
overrule his directives until his relief as ground commander.

2. Team Leaders - Sub-groups or teams that make up every task group will each have its
designated team leader. The team leader shall take direct hand in overseeing the
movements of the elements of his team while simultaneously maintaining close
coordination with the ground commander. He shall take responsibility in maintaining
fluidity in the execution of his team’s designated functions. He shall regularly inform the
ground commander about the status or progress of the operation.

3. Assistant Team Leaders - Sub-groups or teams that make up every task group will each
have its designated assistant team leader. The assistant team leader shall, in aid of the
team leader, be responsible in overseeing the movements of the elements of the team.
He shall take custody of the personal belongings of the operatives.

B. OPERATIONS GROUP

1. Security Teams – They shall ensure the security of operatives throughout the span of
the operation.

a. Perimeter Security Elements – They shall secure the perimeter of the facility.

b. Holding Area Security Elements – They shall secure the holding area of the inmates.

2. Contraband Search and Seizure Teams - They shall be responsible in thoroughly

searching and checking the quarters of inmates and personnel for contraband and such
other items that may pose hazards to the overall security of the facility.

a. Team Supervisor - Other than the team leader and the assistant team leader, a
team supervisor will be designated to directly oversee the inspection of each cell.
He shall be responsible in making sure that all items confiscated are properly
documented, tagged and turned-over to the contraband custodian.

b. Searching Elements - They shall be primarily responsible in the search and seizure
of contraband and the removal of unauthorized structures inside the facility.

c. Inmate Representative - An inmate made to witness the operation must come from
the particular cell being searched. He will act as the representatives of his fellow
inmates to validate the claims of ownership of the items seized.

3. Friskers

a. Friskers of Personnel - They shall have all operatives designated to frisk inmates
and cell searchers frisked before the conduct of the search and seizure operations.
They have to make sure those designated friskers of inmates and cell searchers do
not bring any of their personal belongings with them in the conduct of their
function to preclude malice that these possessions were ill-gotten; hence, they
have to have their personal belongings turned-over to their designated assistant
team leader for safekeeping. They will likewise ensure that personnel directly
handling contraband do not furtively take any of the items they have confiscated.

b. Friskers of inmates - They shall have all inmates lined up and frisked before sending
them to the holding area. Any contraband found to have been concealed by the
inmate will be confiscated and turned over to the recorder for proper
documentation.
c. Strip Searching-in-Charge - He shall primarily be responsible, when deemed
necessary, to have inmates stripped in search for contraband. It will likewise be his
primary responsibility to coordinate with the legal services group in executing legal
procedures as not to infringe the rights of the inmate being subjected to strip
search. In no manner will the person supervising the strip search be allowed to
touch his subject in any part of his body during the searching process.

4. Contraband Custodian - He shall be primarily responsible in taking custody of all

confiscated contraband before these are turned-over to the jail warden.

a. Contraband Inventory Control-in-Charge - He shall be responsible in maintaining a

theoretical and an actual inventory account of all confiscated contraband.

5. Contraband Recorder - He shall be responsible in the on-site recording of all contraband

confiscated.

a. Facility Representative - He shall act as the representative of the jail warden of the
facility inspected. He shall maintain a separate record of all contraband confiscated
to be reconciled with the theoretical inventory report being maintained by the
contraband recorder. In the absence of the jail warden, he shall take part, in a
representative capacity in the validation of inventory balances during the turn-over
of custody of all contraband to the former.

b. Contraband Sorters - They shall take primary responsibility in the sorting, labeling
and confiscated contraband.

C. Service Support Group

1. Medical Support Team - A stand-by medical unit shall take responsibility in attending
to medical cases, giving proper medical attention.

2. Intelligence Support Services Team - They shall gather information before and during
the conduct of operations to enable the operating teams to accurately purge its targets.
At the same time, they shall maintain coordination with the ground commander.

3. Investigation and Legal Services Support Group - They shall be responsible for
information gathering and facility inspection after the conduct of Greyhound
Operations to ensure that the items confiscated were not returned inside the facility. It
is their prime responsibility to ensure that all legal requirements are met to support the
legitimacy of the operations and as not to infringe the rights of the clientele or other
personalities who will be affected by the operation.

4. Administrative Support Team - They shall be responsible in the detailed documentation

of the progression of the operations. They shall likewise properly observe the hierarchy
of events in their documentation before, during and until the termination of the
operations.

E. Crisis Management Group - They shall be responsible in taking measures to abate the tension
in the event of crisis situations until the intervention of crisis response authorities.

1. Negotiations Team - In crisis situations where negotiations are practicable it will be the
role of the negotiations team to establish meeting points to neutralize the situation. In
deteriorating crisis situations it will be their role to sustain making arrangements until
the intervention of crisis response authorities.

2. Liaison Team - They shall be responsible in providing for tasks or errands incidental to
the crisis situation/operations.

3. Tactical Response team - In the event that a crisis deteriorated beyond the capabilities
of the BJMP to handle, the aid of an ally tactical response team will be sought.

F. Communications and Media Control Group

1. Media Barricade - They shall be responsible in controlling/regulating media access to

the subject jail facility of the Greyhound Operation. In no way will members of the
media barricade team entertain queries or give any information as to the status of the
operation.

2. Spokesperson - He shall be responsible in making informative disclosures to media

about the operations as directed by the ground commander. In no way shall he engage
himself in making or giving a statement or statements to the media at his own volition.
Every statement made and information disclosed must be limited only to what is
authorized of him to convey.

Section 50. MULTI-FUNCTIONS OF JAIL PERSONNEL - Multi-

functioning of jail personnel is encouraged considering the shortage of human resources.

However, safekeeping functions have to be considered paramount.

Section 51. SCHEDULE OF JAIL PERSONNEL - The jail warden shall draw a plan or a schedule of
leave of absence for his men and a plan or schedule of rotation/designation of jail designation
of personnel within his/ her AOR to avoid depletion of manpower at any time of the day.

Section 52. VISITATION SERVICES -Visit of any immediate members of family or

reputable and duly acknowledged friends of inmates shall always be under strict supervision. In
this regard, the warden shall determine and prescribe the date, time and manner of facilitating
visitation.
Section 53. MAIL SERVICES

a. Mail service shall be provided to all inmates provided that all outgoing and incoming mail
matters shall pass through the designated censor officer in order to prevent the entry of
contraband or illegal articles and entry or exit of information affecting the security of the
jail.

b. The inmate sending out any mail matter shall open his mail/package and have it read
and inspected by the designated censor officer. If the mail is cleared for dispatch, the
inmate shall close and seal the mail and place the same in the outgoing mail box. He shall
likewise receive incoming mail or mails that has or have been previously cleared by the
Censor Officer. If the outgoing or incoming mail has contraband or harmful information,
such matter shall be registered as violations of jail rules and regulations and shall be to
the Disciplinary Board for immediate adjudication.

c. The designated jail staff shall collect the inmates’ mail matters on a daily basis, Monday
through Friday.

d. Inmate’s letters or any other mail matter shall be sent as registered, certified, stamped
or special delivery if they so desire at their expense. The letters will be processed in
accordance with procedures for the handling of mail.

e. An inmate under disciplinary segregation shall be allowed full correspondence privileges,

unless this misconduct involves a serious violation of correspondence regulations.

f. Inmates who receive or send money through the jail mail service shall be under the
supervision of the Warden.

Section 54. OTHER SERVICES– Other services such as legal assistance or specialist
services shall be provided subject to jail policies and guidelines as approved by the Chief, BJMP.

RULE VII Use of Force and Weapons

Full blown crisis in BJMP-manned jails developed from improper application of force. Improper
use of force may be attributed to three lapses: a) vague rules of engagement, b) inadequate standards
and alternatives in the use of force, or c) misjudgment in the application of rules and standards.
Therefore in the application of force or the use of weapons in confronting crises in jails shall be
subservient to the principle of necessity and proportionality.

Section 55. GENERAL RULES - Regardless of the types of functions to be performed

and/or jail operations to be conducted, all BJMP units and personnel shall comply with and
apply the following rules:
a. Under all circumstances, use of force is justifiable only by virtue of the Doctrines of Self-
Defense and Defense of a Stranger;

b. The use of force shall not be resorted to except when strictly necessary for the
maintenance of security and order, or when personnel’s safety is threatened;

c. The use of force shall not be resorted to except in self-defense or in the defense of others
against grave and imminent threat of death or serious injury, or when strictly necessary
such as escape of an inmate;

d. As far as possible, non-violent means must be exhausted prior to use of deadly force;

e. Whenever the lawful use of force and firearms is unavoidable, jail officers shall:
1. Exercise restraint in such use and act in proportion to the seriousness of the offense
and the legitimate objective to be achieved;

2. Minimize damage and injury, and respect human rights and preserve human life;

3. Ensure that assistance and medical aid are rendered to the injured as soon as
possible; and

4. Ensure that relatives or close friends of the injured or affected person are
immediately notified as early or as earliest possible.

f. Where injury or death is caused by the use of force and firearms, the jail officer shall
immediately render a detailed narrative report on the incident to his superiors;

g. The personnel shall be trained on the use of force and firearms; and

h. If necessary, stress counseling should be provided to jail personnel who had been directly
involved in incidents where force and, or firearms, were used.

Section 56. USE OF FORCE CONTINUUM - The use of force continuum is an escalating
level of force commencing from no force, to non-deadly force and ultimately, to deadly force. In
dealing with the use of force continuum, the following rules shall be observed:

A. The decision on the appropriateness of the level of force to be used in a given situation
depends entirely on the judgment of the warden or his duly authorized representative or
other jail personnel confronted with situation requiring the use of force.

B. NO FORCE CONTINUUM

1. General Principles
Any Jail Officer in the performance of his duty shall:

a. Display an authority figure tempered with patience to maximize efforts to listen and
discern between institutional and personal issues, demands, and sentiments of the
individual or group of individuals;

b. Use tactful persuasive language to gain willing cooperation in discussing and

addressing the various concerns that triggered the disturbance;

c. Exhaust all persuasive efforts to settle the issues, demands, and sentiments without
compromise to security matters pertaining to escape, attempt of escape, threat of
harm or injury to the staff, other inmates, or visitors;

d. Not, in any instance, use unacceptable language that would demean or antagonize
the status of the inmate as a person;

e. Not, in any instance, draw, un-holster or point any firearm to anyone that may cause
reactions that will aggravate the situation or necessarily antagonize anyone; and

f. Exercise maximum tolerance in dealing with hostile, arrogant taunting inmates.

2. Specific Principles

a. Riot

a.1Open Field

a.1.1 Use of negotiation, persuasion and verbalization to

contain, pacify, subdue, and control incident.

a.1.2 Assessing the danger of the situation by considering the number

of inmates involved in the riot, whether or not inmates are armed, the violent
reputation of apparent leaders, and external factors such as the weather, time,
possibility of escalation, and other external threats.

a.2Close Field

a.2.1 Use of negotiation, persuasion and verbalization to

contain, pacify, subdue and control incident.
b. Noise Barrage

b.1 Lock up inmates to ensure perimeter security.

b.2 Dialogue and negotiate with inmates. If inmates are compliant, gather all
inmate leaders for further dialogue and open forum.

b.3 Never resort to any use of force as long as inmates are only doing noise
barrage and the incident does not escalate into a more serious one.

c. Hostage taking

The warden or his duly authorized representative must consider the

following factors before making any decision regardless of the demands of the
hostage takers:

- Whether or not hostage taker/s is/are armed;

- Whether or not the victim is a fellow inmate, jail personnel or
civilian;
- Number of inmates involved in the hostage taking; -
Number of hostages; and - Length of time.

c.1 Maintain and establish communication with the hostage takers. It is

imperative that an experienced hostage negotiator be designated as the primary
negotiator. The first five (5) minutes is critical, hence the jail officer nearest the
incident must apply verbal containment techniques by negotiating with the
hostage-taker until an experienced negotiator arrives.

c.2 Evacuate inmates who are not involved with the incident into a more
secured place to avoid taking advantage of the situation and to ensure their
safety. Contain the scene of incident by putting up a security perimeter that will
prevent other from entering the scene except the responder.

d. Lockdown

d.1 Immediately contain the controlled facility. If the inmates control only a
portion of the facility, immediately evacuate nonparticipating inmates to the
unaffected portion for their safety.

d.2 Immediately conduct a dialogue with the inmates. As much as possible,

find out their demands and negotiate surrender of the controlled portion of the
facility.
d.3 Ensure tight security of perimeter fence to avoid inmates taking
advantage of the situation.

e. Rescue

The warden or his duly authorized representative must consider the following
factors in decision-making:

- The firepower and number of rescuers; and

- In rescue while in transit, presence of civilians and danger of cross-fire.

e.1 Negotiation must be used to pacify, control, and subdue the situation. It is
also used to ascertain the goal of the rescuers and may help the warden or his duly
authorized representative arrive at a better decision.

e.2 Secure the rest of the inmates who are not involved in the incident.
f.
Assault

The warden or his duly authorized representative shall consider the following
factors in decision-making:

- Whether or not inmates are armed; and

- Whether or not the victim is a civilian, jail personnel or fellow inmate.

f.1 Negotiation must be used to pacify, control, and subdue the situation. No
use of force is authorized if, after the assault, the authorities have regained
control of the situation and that there is no possibility that the assaulting
inmate may attack again.

SECTION 57. NON-DEADLY FORCE CONTINUUM

1. General Principles

The warden or his duly designated representative or the team leader of the
custodial and security force or the team leader of a task force shall:
a. Ascertain or recognize that there is indeed a need to assert authority over erring
inmates after exhaustion of efforts to settle issues, demands and sentiments;

b. Evaluate the situation and decide on the degree of non-deadly force to be employed
taking into consideration the following circumstances:

- The possibility that the incident could escalate into a more serious one;

- The skill and experience of the jail personnel who will administer the non-
deadly force; and

- The compliance of inmates or their sincerity to negotiate for surrender.

c. Continue negotiation notwithstanding the use of non-deadly force. Resume

negotiation if inmates show willingness to cooperate.

d. Resort to non-deadly force when the use of words does not control and the use of
deadly weapon is inappropriate.

e. Authorize the use of non-deadly force in cases where inmates are non-compliant
despite verbal containment or the gravity of the situation dictates that verbal
containment is not appropriate.

f. Authorized use:

f.1Physical contact

▪ Jail Officers must be adequately and appropriately trained for the

purpose. The height, built and age of the inmate must also be taken into
consideration in selecting the most appropriate jail officer.

▪ Inmates must not be armed.

▪ Blows must be directed to non-fatal parts of the body such as hands, legs
etc.

f.2Chemical/Electrical/Inflammatory (CEI) agents

▪ Resort to or use of this kind of weapon only when there are personnel
trained for the purpose. Prior to use of CEI agents, a paramedic must be
available to provide first aid.
▪ The use of CEI weapon should be exercised with due diligence since sparks
from these weapons are capable of igniting flammable materials thus causing
more serious harm (e.g. fire and explosion) and injury;

▪ The health and physical condition of inmates must be taken into

consideration in choosing this non-deadly force for this may be fatal to
inmates with asthma, etc.;

▪ The ventilation of the area should also be taken into consideration.

f.3Impact weapons

▪ Only trained jail officers are authorized to use impact weapons.

▪ Fatal parts of the body must be avoided since these weapons are also capable
of inflicting serious and even deadly harm.

g. The use of non-deadly force shall be authorized only to temporarily incapacitate

inmate and bring him/her back the control of the authorities.

2. Specific Principles

a. Riot

a.1Open Field

a.1.1 With continued verbalization, ascertain whether inmates

are armed or not to determine the appropriate force to be used.

a.1.2 Isolate and secure non-participating inmates.

a.1.3 If inmates are unarmed but resistant, use impact

weapons.

a.2Close Field

a.2.1 Carefully assess the situation to minimize the risk to inmates and responding
personnel.

a.2.2 Physical contact may be discouraged since this is a close field

incident and it might endanger the life of the responding jail officer.

a.2.3 Determine whether the use of chemical weapon is appropriate.

Consider ventilation and amount of chemical weapon to be used as it may
put the lives of the personnel or inmates at risk.

a.2.4 Impact weapons shall only be applied by trained personnel.

a.2.5 Use other means of non-deadly force in a proper and considerate

manner.

b. Noise barrage

b.1 At the first stage of violence, non-deadly force shall be considered.

b.2 CEI weapons may be used to pacify or subdue inmates only if incident is
escalating to violence.

b.3 Non-deadly impact weapons shall be deployed only when there is apparent
threat to life and property.

c. Hostage

c.1 If the hostage-taker is unarmed, use of non-deadly force may be authorized.

However, try to minimize the risk of injury.

c.2 If the hostage-takers are armed, impact weapons might be utilized to subdue the
inmates. Careful evaluation of the situation is needed to determine whether
impact weapons are sufficient or not.

d. Lock down
d.1 Determine how long do the inmates have controlled the facility. Reasonable time
is dependent on each situation and within the discretion of the authorities.

d.2 If inmates are unarmed, physical force is possible by individual restraint. It is also
important to consider the number of inmates involved in the incident and the
availability of manpower to individually restrain each inmate and eventually pull
them out of the facility.

d.3 If inmates are armed, use chemical, electrical and other inflammatory agents to
control inmates.

d.4 Notwithstanding the use of non-deadly force, negotiation should be continuous.

d.5 Non deadly force shall be immediately discontinued when it is apparent that the
inmates are ready to give up the controlled facility.

e. Rescue

e.1 Immediately alert the proper authorities as regard the rescue.

e.2 In case of rescue inside the jail facility and the rescuers are heavily armed, use
CEI weapon to incapacitate the rescuers and rescue inmates. The ventilation and
the space must be taken into consideration when using chemical weapons.

e.3 Never use CEI weapon in case of rescue while on transit if there are innocent
civilians who might be affected.

e.4 As much as possible, in cases of rescue while on transit, the nearest police station
or the jail must be immediately informed of the incident for proper back up.

e.5 Physical force and impact weapons shall be used only when rescuers are armed.

f. Assault

f.1 CEI weapon may be used to temporarily incapacitate the assaulting inmate, and
to rescue the victim. Authorities may also use this to control the situation.

f.2 Use physical restraint if the assaulting inmate is not armed.

f.3 Use impact weapons if inmates remain non-compliant after several hours of
negotiation and if they are unarmed.

SECTION 58. DEADLY FORCE CONTINUUM

1. General Principles

The warden or his superior shall:

a. Notwithstanding the exercise of deadly force, exhaust efforts of verbalization and persuasion
to contain, subdue and control incident;

b. Resort to use of deadly force only after failure of negotiation or non-deadly force
intervention;

c. Use deadly force only to incapacitate inmates or restrict the mobility of inmates and the same
should not be aimed at any fatal part of the body;

d. Do authorize the use of deadly force or non-deadly force when no force is needed to resolve
the situation and immediately order personnel concerned to discontinue the use of deadly
force after the necessity of using it has ended;

e. Include in his repertoire the threat to use of deadly force such as pointing a gun against an
inmate;

f. Employ deadly force only in defense of life or if there is reasonable ground to believe that
there is grave and imminent danger to the life of the jail officer himself, fellow jail officers,
inmate/inmates and innocent civilians; and

g. Exercise the use of deadly force with reasonable care and diligence to justify its use. 2.
Specific Principles

a. Riot

a.1Open Field

a.1.1 Deadly force shall be used if inmates are armed and

uncontrollable or;

a.1.2 When negotiation fails and lives are in grave and

imminent danger.

a.1.3 Shall be used only after non-participating inmates are

properly isolated and secured.
a.2Close Field

a.2.1 Deadly force may be used only if despite the use of non-
deadly force, inmates remain non-compliant.

a.2.2 Prior to use of deadly force, the authorities should have

properly identified the inmates involved in the riot.

b. Noise Barrage

Deadly force shall be employed if in case a situation escalates into a serious

condition or other inmates have resorted to violence and have posed grave and
imminent danger to the lives of inmates and jail personnel.

c. Hostage taking

c.1 Deadly force may be used if there is total failure of negotiation and the
inmates remain non-compliant despite the use of nondeadly force;

c.2 If the hostage takers are armed;

c.3 A hostage or hostages had been killed; and

c.4 Immediately discontinue use of deadly force if there are signs that the use of
force is not already appropriate such as when hostage takers already show
signs of surrender.

d. Lockdown

d.1 When the erring inmates have assaulted fellow inmates who refused to
participate in the lockdown.

d.2 If there is a reasonable ground to believe that there is grave and imminent
danger to the lives of inmates and personnel in the facility.

e. Rescue

e.1 In case of rescue by outside forces or in any situation during rescue

where lives of inmates and personnel are on grave and imminent danger, or
when it is established that the rescuers are determined to inflict harm or injury.
e.2 If part of the facility is destroyed or if the jail security is severely
jeopardized by rescue attempt.

e.3 Never use firearms in case of rescue while on transit if it such would pose
grave and imminent danger to the lives of the people living in the area.

f. Assault

f.1 When use of deadly force is authorized to incapacitate the assaulting party and
prevent him from attacking other people.

SECTION 59. WARNING SHOT

1. Disadvantages of warning shot

a. Warning shots may pose risks to innocent civilians, inmates and jail personnel.
b. Warning shots may cause an armed fleeing inmate to fire back believing that the shot was
intended to kill him.
c. Jail personnel could inadvertently shoot the inmate on fatal part of the body resulting to
his death.
d. When exercised negligently, warning shots may cause injury to persons or damage to
property.

2. Advantages of warning shot

a. Warning shots when exercised properly are effective ways to stop a fleeing inmate
or vehicle.
b. Firing warning shots would draw the attention of other people to the ongoing
commotion or incident.
c. It would caution other jail officers about the ongoing commotion, thus making them
respond immediately.

3. Authorized situations

a. The shot should not be aimed at the fatal parts of the body nor at a particular
person.
b. Since they constitute deadly force, warning shots must be exercised with due
diligence and only if the jail personnel reasonably believes that the inmate/inmates
pose grave and imminent threat to the lives of innocent civilians, inmates and jail
personnel in the area.
c. Warning shots are authorized in open field but not in close field. In giving a warning
shot, extra prudence must be exercised to ensure that it will not cause any injury to
any person or damage to property.

SECTION 60. DEPRIVATION OF FOOD, WATER, AND ELECTRICITY DURING JAIL

INCIDENTS

1. Advantages

The provision of food, water, and electricity can be used by the jail personnel
to negotiate with erring inmates and possibly to gain some concessions like release of
a hostage in exchange of food.

2. Disadvantages

a. Food and water are objects of one's basic right, which he or she
should not be deprived of in all cases and under any circumstances.

b. Deprivation of food and water is considered as deadly force since continuous

lack of these necessities may result in weakening of the body and this condition, if
made to last for a long time, may result in inmate's to death.

c. Human rights groups may question the deprivation, which may

result in lawsuits against the personnel concerned.

3. Authorized use

a. The deprivation is authorized only when there is reasonable ground to believe

that there is an imminent and grave danger to the lives of jail personnel who deliver
the food, water or any other necessities.

b. It is authorized to cut the flow of electricity during use of CEI

weapon. The cutting off, however, must be for a limited time only.

c. Authorized to reduce food and water but not to totally deprive

inmates throughout the incident.

SECTION 61. POST ACTION ACTIVITIES

A. Debriefing

1. Debriefing of Personnel

a. All personnel involved in the incident must undergo a thorough physical, medical
and psychological checkup.

b. After the critical jail incident, all personnel must be briefed on the event, must
be made to present their evaluation and the lessons learned. In this way,
personnel may not only learn from their experience but they can also participate
in the investigation.

2. Debriefing of Inmates

a. Within 24 hours after the critical jail incident is resolved and the situation
normalized, the warden shall gather all inmates for a dialogue, thresh out
important issues and settle possible sources of conflict.

b. All inmates involved in the incident must be segregated from the rest.

c. Inmates involved in the incident must undergo a thorough physical and

medical check-up. Seriously wounded inmates must be immediately brought
to the nearest hospital.

B. Record keeping of the Incident

1. Preserve the crime scene and make sure that all pieces of evidence are sealed and
protected/not tampered.

2. Within 24 hours after the incident, a partial report should be submitted by the
warden to the regional director who shall, in turn, make a report to the Chief,
BJMP.

C. Evaluation of the applicability of the Use of Force

1. After an incident involving the use of force, a thorough investigation should be

conducted to determine the appropriateness of the level of force used taking
into consideration the following factors:

a. The nature of the incident;

b. The level of force used;
c. Number of inmates involved in the incident;
d. Number of personnel present in the incident;
e. Logistical capability of personnel including firearms and
equipment; and

f. Damages/casualties caused.

2. Identify lessons learned from the incident.

Section 62. DECISION MAKING IN THE USE OF FORCE

CONTINUUM - The decision on the appropriateness of the level of force to be used in a given
situation depends entirely on the judgment of the incident commander, if any, or the warden
or his duly authorized representative or other jail personnel confronted with the situation
requiring the use of force.

RULE VIII

RIGHTS, PRIVILEGES AND MISCELLANEOUS PROVISIONS

In May 1984, the United Nations Economic and Social Council approved the procedures for
the effective implementation of the Standard Minimum Rules for the Treatment of Prisoners. The
UN Rules, containing 95 provisions that range from separation of inmate categories, medical
services, education and to recreation, sought to set out “what is generally accepted as being good
principle and practice in the treatment of prisoners and the management of institutions”. The
Council acknowledges, however, that the application of the UN Rules may vary depending on the
legal, social, economic and geographical conditions of each country. This Rule is derived from the
letter and intent of the UN Rules.

Section 63. RIGHTS OF INMATES - Although the purpose for committing a person to jail is to
deprive him/her of liberty in order to protect society against crime, such person is still entitled
to certain rights even while in detention. These rights are:

1. The right to be treated as a human being, and not to be subjected to corporal

punishment;

2. The right to be informed of the regulations governing the detention center;

3. The right to adequate food, space and ventilation, rest and recreation;

4. The right to avail himself/herself of medical, dental and other health services;
5. The right to be visited anytime by his/her counsel, immediate family members,
medical doctor or priest or religious minister chosen by him or by his immediate
family or by his counsel;

6. The right to practice his/her religious beliefs and moral precepts;

7. The right to vote unless disqualified by law;

8. The right to separate detention facilities or cells particularly for women inmates; and

9. If a foreigner, the right to communicate with his/her embassy or consulate.

Section 64. PRIVILEGES ALLOWED THE INMATES - Detainees may enjoy the following privileges:

A. To wear their own clothes while in confinement;

B. To write letters, subject to reasonable censorship, provided that expenses for such
correspondence shall be borne by them;

C. To receive visitors during visiting hours. However, visiting privileges may be denied in
accordance with the rules and whenever public safety so requires;

D. To receive books, letters, magazines, newspapers and other periodicals that the jail
authorities may allow;

E. To be treated by their own doctor and dentist at their own expense upon proper request
from and approval by appropriate authorities;

F. To be treated in a government or private hospital, provided it is deemed necessary and

allowed by the rules;

G. To request free legal aid, if available;

H. To sport hair in their customary style, provided it is decent and allowed by the jail rules;

I. To receive fruits and prepared food, subject to inspection and approval by jail officials;
J. To read books and other reading materials available in the library, if any;
K. To maintain cleanliness in their cells and brigades or jail premises and perform other work
as may be necessary for hygienic and sanitary purposes;

L. To be entitled to Good Conduct Time Allowance (GCTA) as provided by law; and

M. To be utilized as jail aides as designated by the warden himself, with the CONSENT OF
THE INMATE/INMATES or upon the recommendation of the personnel.

1. Scope of Work

They shall be help the jail personnel in performing certain tasks inside the jail
such as, but not limited to cleaning the jail facility, cooking, washing kitchen
utensils and other similar tasks. All activities of jail aides shall be under close
monitoring and supervision by the jail personnel.

2. Limitations

a. They must not be allowed to exercise supervision of any kind over fellow
inmates.
b. They shall be allowed to stay outside of their cells to perform certain tasks
during daytime and until 1700H only.
c. They shall not be allowed to do the following:

c.1 open the jail gates;

c.2 search visitors;
c.3 go out without court order;
c.4 have possession of jail keys;
c.5 perform custodial duties;
c.6 have access to/keep sensitive records;
c.7 handling of and marking of entries in the carpeta; and
c.8 Have access to information e.g. answering telephone
calls, handheld radio and other means of communication.

d. Only inmates charged with light offenses (crimes where the maximum
imposable sentences are six (6) years imprisonment and below) or sentenced
city prisoners who are due for release should be utilized as jail aides.
e. No inmate charged with drug pushing shall be designated as jail aide.
f. Designated jail aides shall wear T-shirts with the marking “Jail Aides”
prominently printed at the back thereof for identification.
g. They shall not be utilized as personal trustees of personnel.

Section 65. LEAVE FROM JAIL - Leave from jail shall be allowed in very meritorious cases, like
the following:

1. Death or serious illness of spouse, father, mother, brother, sister, or children.

2. Inmates who are seriously ill or injured may, under proper escort, be allowed
hospitalization leave or medical attendance. However, such leave shall require prior
approval of the Courts having jurisdiction over them; Provided, however, that in life and
death cases where immediate medical attention is imperative, the warden, at his/her
own discretion, may allow an inmate to be hospitalized or moved out of jail for medical
treatment; Provided further, that when the emergency has ceased as certified by the
attending physician, the warden shall cause the inmate’s immediate transfer back to the
jail, except when there is a court order directing him to continue the inmate’s
confinement in a hospital until his/her recovery or upon order of the Court for his/her
immediate return to the jail.

Section 66. COORDINATION WITH OTHER AGENCY-MEMBERS OF

THE CRIMINAL JUSTICE SYSTEM - The warden shall coordinate with the Public Attorney’s Office
(PAO) and the Parole and Probation Administration (PPA) and request them to conduct
periodic visits to the jail to enable the inmates thereat to avail themselves of the following
services:

1. Public Attorney’s Office (PAO)

a. Provide legal representation in the trial of inmates’ cases.

b. Assist convicted inmates in filing applications for probation.

c. Assist inmates, in coordination with the National Prosecution Service,

in obtaining release on recognizance or temporary release pursuant to
Batas Pambansa Bilang 85.

2. Parole and Probation Administration (PPA)

a. Assist inmates qualified for probation.

b. Conduct an evaluation of cases that may merit parole, commutation of

sentence or conditional pardon, and submit a report thereon, together
with the prison records, to the Board of Pardon and Parole.

RULE IX

FINAL PROVISIONS EFFECTIVITYANDREPEALING CLAUSE

Section 67. REPEALING CLAUSE -All rules, policies, guidelines and memoranda
inconsistent with the provisions of this Manual are hereby repealed, modified and amended
accordingly.

Section 68. EFFECTIVITY- This Second Edition 2015 Comprehensive BJMP

Comprehensive Operations shall take effect upon its approval by the Chief, BJMP.

REFERENCES

The UN Standard Minimum Rules for the Treatment of Prisoners

BJMP Manual Revised (2007)

BJMP Paralegal Manual and Resource Book (2013)

BJMP Manual on Greyhound Operations (2005)

BJMP SOP, Policies and Guidelines

a. SOP # 2010-05
▪ Policy on the Conduct of Body Searches on Jail Visitors

➢ “Annex A” Strip Search/Visual Body Cavity Search Authorization (SSVBCSA)

➢ “Annex B” Waiver of Right on Strip/Visual Body Cavity Search

b. Procedures on Decongestion Programs

c. SOP # 2010-08
➢ Use of Force and Weapons

d. Use of Rubber Bullets and Rubber-Coated Bullets

e. Reiteration Memorandum re: Proper Utilization of Jail Aides
f. Prohibition on Utilization of Jail Aides Beyond 1700H
g. Violation on the Policy re: Designation as Jail Aides
h. Reiteration on Deployment of STAR Team
i. Actual Number of STAR Team Personnel and Specific Assignment
j. SOP # 2012 - 01
➢ Guidelines in Escorting High-Risk/High-Profile Inmates

k. Concerns on Security Augmentation

l. Coordination in the Transfer of Inmates
m. Guidelines Governing Transfer of Venue
n. Additional Guidelines re: Transfer of Insular Prisoners
o. Revised Policy on Visitation in BJMP- manned Jails
p. Supplemental Guidelines to the Revised Policy on Visitation in BJMP-manned Jails
dated 02 March 2010 q. MC # 2006-02
➢ BJMP Incident Management System (IMS)

r. Standard Minimum Rules for the Treatment of Prisoners

s. FIELD FORM

➢ CS-Form 01 Control of Contraband and Physical Evidence

➢ CS-Form 02 Inmate’s Property Receipt
➢ CS-Form 03 Designation for Disposition of Property

➢ CS-Form 03 Contraband/Evidence Tag Chain of Custody

• Allowable Property for Female Inmates

• Allowable Property for Male Inmates

➢ Sample of Spot Report

➢ Sample of Progress Report
➢ Sample of Final Report

STATUTORY AND REGULATORY PROCEDURES/EXTERNAL DOCUMENTS

ANNEXES

A. Art 29 of the RPC as amended by RA 6127

➢ An act amending article twenty-nine 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.
B. Amendments to the BJMP Citizen’s Charter on Jail Visitation
C. Supreme Court Administrative Circular # 68-2005
➢ Authorizing executive Judges of First and Second Courts to approve request of the Bureau of Jail
Management and Penology to transfer or change place of detention of high risk or high-profile
detainees.
D. OCA Circular # 08-2013
➢ Reiterating Security Protocol for the First and Second Level Courts.
ANNEX “A”

REPUBLIC ACT No. 6127

AN ACT AMENDING ARTICLE TWENTY-NINE 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.
Section 1. Article 29 of the Revised Penal Code is hereby amended to read as follows:
"Art. 29. Period of preventive imprisonment deducted from term of imprisonment. Offenders
who have undergone preventive imprisonment shall be credited in the service of their sentence
consisting of deprivation of liberty, with the full time during which they have undergone
preventive imprisonment, if the detention prisoner agrees voluntarily in writing to abide by the
same disciplinary rules imposed upon convicted prisoners, except in the following cases:
1. When they are recidivists, or have been convicted previously twice or more times
of any crime; and
2. When upon being summoned for the execution of their sentence they have failed
to surrender voluntarily.
If the detention prisoner does not agree to abide by the same disciplinary rules imposed upon
convicted prisoners, he shall be credited in the service of his sentence with four-fifths of the
time during which he has undergone preventive imprisonment."
Section 2. This Act shall take effect upon its approval.
Approved: June 17, 1970

ANNEX “B”

Republic of the Philippines

DEPARTMENT OF THE INTERIOR AND LOCAL GOVERNMENT
BUREAU OF JAIL MANAGEMENT AND PENOLOGY
Juco Building, 144 Mindanao Avenue, Project 8, Quezon City
Trunklines: (+ 632) 927-6383; 453-1196
Email Address: [email protected] Website: www.bjm.gov.ph

MEMORANDUM

TO : All Regional Directors

SUBJECT : Amendments to BJMP Citizen’s Charter on Jail

Visitation

DATE : 26 May 2010

1. References:
a) BJMP Citizen’s Charter
b) Memorandum re: Revised Policy on Visitation in BJMP-manned Jails dated 02
March 2010.

2. The provisions of the Visitation Service contained on Page 109 of the

BJMP Citizen’s Charter, had already been superseded by the memorandum on jail visitation dated 02
March 2010 and had accordingly been modified.

3. Quoted hereunder are portions of the above memo for your ready reference:

1. Visiting days are from Tuesday to Sunday only. Monday is a non-visiting day and
is reserved as inmate’s washday and for the maintenance and cleanup of the
entire jail facility.

2. Visiting hours will be from 1:00pm to 5:00pm from Tuesday to Friday. No visits
shall be allowed in the morning to give way to IWD activities. During Saturday
and Sunday, visiting hours is from 8:00am to 12:00 noon and from 1:00pm to
5:00pm but no visitors shall be allowed to visit in the afternoon if he/she already
visited in the morning.

3. Visitors for each inmate should be limited to five (5) persons while for those high-
risk inmates should be limited to two (2) persons only, at any given time. The
visiting time for high-risk inmates is from thirty (30) minutes to one (1) hour only,
subject to the discretion of the Jail Warden.
4. Upon admission, the inmate should provide a list of his/her authorized visitors
including the pertinent data for their identification.

4. Relative thereto, direct your Wardens to adhere to the above policy on jail
visitation.

5. For guidance and strict compliance.

ROSENDO M DIAL, CESO III

Jail Director (DSC)

Chief, BJMP
ANNEX “C”

Republic of the Philippines Supreme Court Manila

ADMINISTRATIVE CIRCULAR NO.68 - 2005

AUTHORIZING EXECUTIVE JUDGES OF FIRST AND SECOND COURTS TO APPROVE REQUEST OF THE
BUREAU OF JAIL MANAGEMENT AND

PENOLOGY TO TRANSFER OR CHANGE PLACE OF DETENTION OF HIGH-

RISK OR HIGH- PROFILE DETAINEES

WHEREAS, Section 61 and 63 of Republic Act No. 6975 entitled An Act Establishing the
Philippine National Police and a Reorganized Department of Interior and Local Government,
and for other purposes, provided that the Bureau of Jail Management and Penology (BJMP)
which exercises supervision and control over all city and municipal jails, shall be under the
supervision or the Department of Interior and Local Government (DILG).
WHEREAS, the BJMP is mandated to establish and maintain a secured, clean, adequately
equipped and sanitary detention facility for the custody and safekeeping of city and municipal
prisoners, any fugitives from justice, or person detained awaiting investigation, trial, or transfer
to the national penitentiary;

WHEREAS, pursuant to and by virtue of its power of supervision and custody, the BJMP has
the authority to direct the transfer or change of place of detention of detainees;

WHEREAS, the BJMP has issued various circulars directing assistant regional directors and jail
wardens to work out for the transfer of high-risk or highprofile detainees should it be deemed
that the jail which they are currently detained are no well secured against planned attempt for
their rescue by fellow gang members, relatives or any other person;

WHEREAS, the BJMP, in its memorandum dated 12 September 2003, has directed that no
transfer of inmates to another jail shall not be effected without court order or approval.

WHEREAS, the court order or approval of such transfer is administrative in nature and falls in
the duty and function of the Executive Judge to visit and inspect local jails and the detained
prisoner within the area of his or her administrative supervision.

NOW, THEREFORE, to ensure speedy and efficient administrative action by the court on the
request of the BJMP through the city or the municipal jail wardens relative to the transfer of high-
risk or high-profile detainees to better secure jails, the Supreme courts hereby direct that:

1. All request for such transfer shall be submitted for appropriate action to the
executive judge who has administrative supervision over the court in the place
where the local jail in which the prisoner is currently detained; and

2. The Executive Judge shall act forthwith on the request with notice to the Presiding
Judge of the court before which the case of the detained prisoner is pending.

This circular shall take effect immediately.

Issued this 27th day of October 2005.

HILARIO G. DAVIDE, JR.
Chief Justice

ANNEX “D”

OCA Circular no. 08-2013

TO : All Judges and Court Personnel of the First and

Second Level Courts.

SUBJECT : Reiterating Security Protocol for the First and

Second Level Courts.

In The wake of the recent shooting incident that occurred in the palace of justice, Cebu City,
Memorandum Order No. 42-2007 providing for an interim security protocol for the first and
second level court is hereby REITERATED. The pertinent provisions of Memorandum Order No.
42-2007 are as follows:
WHEREAS, members of the judiciary especially the judges of the first and second level courts
are continuously exposed to violent attacks from would-be assassins and there are no existing
security protocols for the safety of the judges and the other court employees;

WHEREAS, the Committee on the security for the second judiciary… has resolved to provide
the judges of the first and second level courts with an interim security protocol to improve
security and safety measures inside the courtrooms and halls of justice (HOJ);

NOW THEREFORE, pending the issuance of comprehensive security protocol for the lower
courts and in the interest of the service, following the interim measures are hereby adopted
and shall be immediately implemented;

1) All court employees are required to wear and prominently display their
identification cards (ID) at all times while on official duty. Only the judges are
exempted from wearing their ID.

2) All law enforcement officers on official business should wear and display their
official ID’s while inside the HOJ’s and building which house courtrooms.

3) During hearings, the court shall coordinate with the appropriate agency which has
custody of detention prisoners, (e.g. Bureau of Jail Management and Penology,
Philippine National Police, National Bureau of Investigation, etc.) on the trial
calendar and schedule of criminal case involving these detention prisoners.
4) During trials of detention prisoners, the Executive Judge (EJ) shall request the PNP
to assign or detail at least two (2) uniformed policemen to secure and patrol the
hallways of the HOJ’s and court houses and their premises.

5) Where applicable, the HOJ shall have one (1) entry and exit point for visitors.

6) The EJ’s shall secure a holding area in the HOJs or in the court house where
detention prisoners shall be temporarily detained while awaiting trial. When no
holding area is available, the detention prisoners shall be detained in the bus, van,
or vehicle that they used as transport, or any secure place outside the HOJs or court
houses. The detention prisoners shall be brought to the courtroom only when their
cases are heard

7) Before leaving the holding area or temporary detention area, the custodian shall
conduct a thorough body frisking of detention prisoners to ensure that they have
no concealed weapon on them.

8) While in the court’s premises, detention prisoners shall always be handcuffed,

unless the presiding judges (PJ) directs otherwise.
9) In HOJ’s, EJs shall ensure that the court security personnel (CSP) keep a logbook of
the name, address, purpose of visit and signature of guests who enter the premises.
All visitors including law enforcement officers shall be required to log-in before
allowed entry. All visitors are required to present adequate identification
documents which they shall leave with the CSP in exchange for a court ID to be worn
at all times while inside the HOJ

10) For courts not in the HOJs, the sheriff, process server, or other staff member shall
be assigned by the PJ to provide security inside the courtroom.

11) All persons who wish to enter the courtroom shall be subjected to body frisking by
the court’s sheriff, process server, or other court personnel, before entry. A female
guest shall be frisked only by a female court employee. In addition, all bags and
other things brought inside the room shall be thoroughly inspected.
12) All firearms and object which may be used as weapons, except, those belonging to
law enforcement officers who are on official business shall be deposited with the
guard-on-duty of the HOJ’s, or with the sheriff or in the latter’s absence, the branch
clerk of the court, for courts not found in the HOJs.

13) Any illegal weapon or article, under the revised penal code or existing laws, shall be
confiscated and surrendered to the police officers assigned to patrol the hallways.
In their absence, these things shall be surrendered to the nearest police station.

14) Where applicable, the PJ shall specify an area in the courtroom for detention
prisoners. No one, except lawyers, shall be allowed to talk to or go near the
detention prisoners.

15) The PJ shall place the witness stand at least one and a half meter (1 1/2m) away
from his seat. When the prisoners is on the witness stand, the custodian shall stand
between the judge and the prisoner.

16) The PJ shall assign the sheriff, process server, or other court employee to be present
during court hearings for orderly and safe proceedings in the courtroom.

17) Finally, PJs whose lives are endangered or threatened, shall immediately inform any
of the following officials…

(HON. Jose Midas P. Marquez Court

administrator

Office of the court Administrator

G/f, Old supreme court building

Supreme Court

Taft avenue corner Padre Faurast.,

Ermita, Manila

Attention: Atty. Leah M.Enriquez

Telephone nos.

Office-5257143

Mobile-09178278872 Fax No.-523-2315

E-mail Address:
[email protected]

Atty. Nonnatus Caesar R. Rojas

Director

National Bureau of investigation

Taft Ave. Ermita, Manila

Attention: Atty. Reynaldo o. Esmeralda

Deputy Director

Telephone nos. Office-

523 8231 / 524 6232 E-mail Address:
[email protected]

This order shall take effect immediately upon its signing

24 January 2013

JOSE MIDAS P. MARQUEZ

Court Administrator RELEVANT BJMP SOP’s, Policies

and Guidelines
Republic of the Philippines
DEPARTMENT OF THE INTERIOR AND LOCAL GOVERNMENT BUREAU OF JAIL
MANAGEMENT AND PENOLOGY
144 Mindanao Avenue, Project 8, Quezon City

16 September 2010

BJMP

STANDARD OPERATING PROCEDURES

NUMBER 2010 - 05

CONDUCT OF BODY SEARCHES ON JAIL VISITORS

I. REFERENCES

1. Memorandum dated 30 April 2002 re: Prohibiting Female Lesbian Jail guards to Perform Search
and Custodial Functions on Female Inmates and Visitors;

2. Memorandum dated 30 November 2001 re: Policy on Strip Search;

3. Memorandum dated 11 January 2001 re: Conduct of Strip or Body

Search;

4. Chapter 200, Section 2.29 of Pinal County Sheriff’s Office Adult Detention Center Facility
Procedures re: Admission Searches;

5. Strip Searches and Pat Searches, Number 09-01-22, Boulder County Jail
Policy Procedure Manual;

6. BJMP Revised Manual 2007;

7. BJMP SOP 2004-02 dated 14 November 2004 re: Control of Contraband and Physical Evidence;

8. Black’s Law Dictionary. Abridged Fifth Edition. West Publishing, 1979;

9. Revised Rules of Court of the Philippines;

10. Republic Act no. 9165 – “The Comprehensive Dangerous Drugs Act of 2002”
11. Republic Act no. 7438 - “An Act Defining Certain Rights of Person Arrested, Detained or Under
Custodial Investigation as well as the Duties of the Arresting, Detaining and Investigating
Officers, and Providing Penalties for Violations Thereof”; and

12. Dangerous Drugs Board Regulation No. 1, s. 2002 re: Guidelines on the Custody and Disposition
of Seized Dangerous Drugs, Controlled Precursors and Essential Chemicals, and Laboratory
Equipment.

13. Revised Penal Code

II. BACKGROUND/RATIONALE

The proliferation of contraband in jail facilities is a perennial problem that the BJMP is
confronting since its inception. Contraband in the hands of inmates jeopardizes jail
security and hampers rehabilitation programs.

The use of various types of searches shall be necessary to protect the safety of visitors,
inmates and personnel. It shall be used to detect and secure contraband with the aim of
safeguarding the security of the facility.

However, time and again, adverse claims and reports that visitors are sexually
abused/harassed during the conduct of body searches have put the Bureau in the bad
light.

While the conduct of various types of searches is indispensible in our campaign to

prevent the entry of contraband, it should be reasonably implemented with utmost care
and fairness to protect the rights of the subject as well as shield the jail personnel from
harassment complaints.

III. PURPOSE AND SCOPE

This SOP aims to provide adequate safeguards against the introduction of contraband
into jail facilities and to establish guidelines for different types of searches. All searches
should be conducted in a professional manner, without violating the legal rights of
visitors/inmates and with due respect and regard to human dignity.

IV. DEFINITION OF TERMS

ARREST - is the taking of a person into custody in order that he may be bound to answer
for the commission of an offense.
CONTRABAND - any article, item, or thing prohibited by law and/or forbidden by jail rules
that would pose as security hazards or endanger the lives of inmates. For this policy,
contraband is further divided into the following categories:

• Illegal contraband - unlawful in itself and not because of some extraneous

circumstance (i.e. dangerous drugs, weapons, potential weapons, explosives)

• Merely prohibited and nuisance contraband - are those that may not be classified
as illegal under the law but are forbidden by jail rules.(i.e. cellphone, money or other
commodities of exchange such as jewelry, appliances and gadgets, excessive wearing
apparels and sleeping paraphernalia, intoxicating liquors, cigarettes, pornographic
materials, gambling paraphernalia and other products that are considered vices).

DANGEROUS DRUGS - means dangerous drugs as defined in Article I Sec. 3(j), RA 9165.
Such drugs include, but not limited to, heroin, morphine, opium, cocaine or cocaine
hydrochloride, marijuana, marijuana resin, marijuana resin oil,methamphetamine
hydrochloride or
“shabu”,methylenedioxymethampheta- mine (MDMA) or “ecstasy”, paramethoxyamphetamine
(PMA), trimethoxy- amphetamine (TMA), lysergic diethylamine (LSD) and gamma hydroxybutyrae
(GHB).

PHYSICAL EVIDENCE - items with evidentiary value used in an administrative disciplinary

proceeding or court proceeding.

PAT/FRISK SEARCH - is a search wherein the officer pats or squeezes the subject’s
clothing to attempt to detect contraband. For same gender searches the Pat/Frisk search
is normally accomplished in concert with Rub Search.

RUB SEARCH - is a search wherein the officer rubs and/or pats the subject’s body over the
clothing, but in a more intense and thorough manner. In a rub search, the genital,
buttocks, and breast (of females) areas are carefully rubbed-areas, which are not searched
in a frisk/pat search. Rub searches shall not be conducted on cross-gender individuals.

STRIP SEARCH - is a search, which involves the visual inspection of disrobed or partially
disrobed subject.

VISUAL BODY CAVITY SEARCH - is a search, which involves the inspection of the anus
and/or vaginal area, generally requiring the subject to bend over and spread the cheeks
of the buttocks; to squat and/or otherwise expose body cavity orifices.
PROBABLE CAUSE - is defined as facts sufficient to support a reasonable belief that
criminal activity is probably taking place or knowledge of circumstances indicating a fair
probability that evidence of crime will be found. It requires more than a mere “hunch,”
but less than proof beyond reasonable doubt.

VISITOR - a person who enters a jail facility for a definite period of time to meet an
inmate or personnel of the Bureau or conduct an official business or activity inside the
jail. A visitor includes the relative, friend, lawyer, doctor, spiritual adviser, service
provider or any person who enters the jail for the purpose of seeing or conferring with an
inmate.

V. GENERAL POLICY

1. Searches are to be conducted in the least intrusive manner, while ensuring

accomplishment of the intended purpose, yet maintaining respect for individual
dignity and insuring the greatest level of privacy. Personnel performing searches shall
not be allowed to talk/discuss the search they performed unless directed by the court
or warden.
2. All visitors before being allowed entry into the jail must be requested to submit the
things they carry to a thorough inspection and a thorough body search to prevent the
entry of contraband in our jails.
3. Money, jewelry, gadgets and other commodities of exchange shall be duly turned over
to the Property Custodian for receipting and eventual safekeeping in a safety vault or
box. It shall be duly returned to the visitor upon his or her exit from the jail facility. All
visitors who refuse to undergo search and inspection shall be refused entry into the
jail.
4. All male visitors shall be searched by male jail officers while female visitors shall be
searched by female jail officers only. At no instance that a female homosexual jail
officer shall be allowed to conduct body search on female jail visitors while a male
homosexual jail officer cannot body search a male jail visitor. Further, no person of
the opposite sex shall be allowed to conduct or view strip searches.
5. In performing searches, sanitary gloves shall be worn by the jail officer.
6. The search should not be more extensive than necessary to determine the existence
of contraband believed to be concealed on the subject.
7. Strip search and Visual Body Cavity Search shall only be conducted inside a searching
room that is adequately lighted, safe and guarantees confidentiality.

VI. GUIDELINES IN THE CONDUCT OF PAT/FRISK/RUB SEARCH FOR VISITORS

1. All inmates’ visitors who want to enter the jail facility must be subjected to body search
and inspection of their belongings.

2. To perform a pat/frisk/rub search, the jail officer shall accomplish the following:
a. Instruct the subject to remove items from pockets, shoes, jackets, or any extra
clothing.

b. Search the subject top to bottom being systematic:

1. Shake out his/her hair;

2. Grasp the collar and feel for any hidden items.

3. Search each of the arms separately.

4. Run hands down the shirtfront, checking the pocket and stopping at the beltline.
Then check the back using the same process.

5. Once satisfied that all areas above the waist –the neck, arms, chest, and back are
clear, check the waistline to feel for any small articles hidden.

6. From the waistline, run hands down the subject’s buttocks.

7. Then move both hands to one leg. Repeat process on the other leg.
8. Finally, run hands over the subject’s lower abdomen and crotch carefully, feeling
for concealed articles that may be taped to these areas

3. If during the pat/frisk/rub search the jail officer develops probable cause that
contraband is being hidden by the subject, who is not likely to be discovered, the Jail
Officer shall request for a conduct of strip search/visual body cavity search.

VII. GUIDELINES IN THE CONDUCT OF STRIP SEARCH FOR VISITORS

The conduct of strip search shall be done provided all the following conditions are met:

1. All strip search shall be conducted with the knowledge of and directed by the Jail
Warden or in his absence by the Assistant warden / Jail Officer of the Day. The searcher
shall accomplish a Strip Search/ Visual Body Cavity Search Authorization (SSVBCSA)
(Annex A) for this purpose. The SSVBCSA Form shall include information that there is
probable cause that contraband is being hidden by the subject or subject to be strip-
searched is suspected of bringing contraband inside the jail. It shall particularly state
the source of information, if known, and the contraband to be brought in.

2. The visitor agrees to be strip-searched which shall be in writing to shield the jail officer
performing the search from harassment complaints. For this purpose, the Waiver of
Right on Strip Search / Visual Body Cavity Search Form (Annex B) shall be signed by the
visitor. It shall be duly explained by the jail personnel performing the search and
should be understood by the subject. If the subject refuses, he/she will not be allowed
to visit.
3. All strip search must be done in the confidentiality of an enclosed space. This area
must restrict the possibility of visual access by person(s) not involved in the search.

4. To perform a strip search the jail officer shall accomplish the following:

a. Direct the subject to remove his/her clothing and hand the clothing to the searcher
for inspection.

b. Clothing shall be examined by touch, using the squeeze and rub method which
crushes every part of the clothing.

c. Articles should be scanned for bulges and signs of openings or freshly sewn areas.
Linings should not be overlooked.

d. The searcher shall have the subject perform the following measures:

1. Hold his/her hands out in front of his/her body with fingers spread;

2. Turn his/her hands over showing the officer each side;

3. Raise his/her arms over head allowing the officer to view the
subject’s underarms;

4. Shake out his/her hair;

5. Open his/her mouth with head tilted back. Lifting his/her tongue;

6. Have the subject lift his/her feet so that the soles and spaces between the toes can
be examined carefully.

e. Inspection of any covered wounds, casts, false teeth, prosthesis, etc.

shall be conducted with assistance of a jail doctor or nurse.

f. After completion of the search, the officer shall return the clothing to the subject
and allow the subject to redress.

5. If during the course of the strip search, the officer develops probable cause that
contraband is concealed in an area not readily visible using the strip search; the officer
shall proceed on conducting Visual Body Cavity Search.

VIII. GUIDELINES IN THE CONDUCT OF VISUAL BODY CAVITY SEARCH FOR VISITORS
1. To perform a visual body cavity search, the jail officer shall have the subject visitor perform
the following measures:

a. Males: have them raise their scrotum allowing the officer to view underneath;

b. Females: have them raise their breast allowing the jail officer to view under the breasts.

If the subject is female, have her squat down and cough. This should dislodge anything
hidden in the vaginal cavity.

c. Have the subject turn around with their back to the officer, bend over and/or squat, and
use their hands to spread their buttocks allowing the officer to view the area of the anus
or vagina. While the subject is in such position, the jail officer may further instruct
him/her to cough to dislodge anything hidden in the anus/vaginal cavity.

IX. ACTIONS TO BE TAKEN UPON DISCOVERY OF CONTRABAND

DURING SEARCH OF VISITORS

A. Merely Prohibited and Nuisance Contraband

1. On first offense, the visitor shall be warned that it is prohibited and that he/she is
at risk of being considered delinquent visitor if he/she do the same again.
Contraband shall be confiscated and turned over to the Property Custodian who
shall dispose them accordingly.

2. If the same visitor committed the same or similar act, he/she shall be considered
as delinquent visitor and shall be duly recorded by the searcher in a separate
logbook exclusively for such visitors. It should be accessible to other searchers.

3. As disciplinary measure and for security reason, the warden may impose an order
to ban the entry of delinquent visitor in accordance with the provision of Sec. 4 (b)
of the RA 7438 which provides:

“The provisions of the above Section notwithstanding, any security officer with
custodial responsibility over any detainee or prisoner may undertake such
reasonable measures as may be necessary to secure his safety and prevent his
escape.”

4. Concerned inmate may also be subjected to disciplinary process

under the Inmates’ Disciplinary Machinery if it is established that he/she has
participated directly or indirectly in the commission of the offense.
B. Illegal Contraband except Dangerous Drugs

1. Possession of illegal contraband shall automatically result to denial of entry and

immediate arrest of subject visitor. The provisions of RA 7438 shall apply. Section
2 of RA 7438 is hereunder provided for ready reference.

“Section 2.Rights of Persons Arrested, Detained or Under Custodial Investigation;

Duties of Public Officers.

(a) Any person arrested, detained or under custodial investigation shall at

all times be assisted by counsel.

(b) Any public officer or employee, or anyone acting under his order or his
place, who arrests, detains or investigates any person for the commission of an
offense shall inform the latter, in a language known to and understood by him, of
his rights to remain silent and to have competent and independent counsel,
preferably of his own choice, who shall at all times be allowed to confer privately
with the person arrested, detained or under custodial investigation. If such person
cannot afford the services of his own counsel, the investigating officer must
provide him with a competent and independent counsel.

(c) The custodial investigation report shall be reduced to writing by the

investigating officer, provided that before such report is signed, or thumb marked
if the person arrested or detained does not know how to read and write, it shall
be read and adequately explained to him by his counsel or by the assisting counsel
provided by the investigating officer in the language or dialect known to such
arrested or detained person, otherwise, such investigation report shall be null and
void and of no effect whatsoever.

(d) Any extrajudicial confession made by a person arrested, detained or

under custodial investigation shall be in writing and signed by such person in the
presence of his counsel or in the latter's absence, upon a valid waiver, and in the
presence of any of the parents, elder brothers and sisters, his spouse, the
municipal mayor, the municipal judge, district school supervisor, or priest or
minister of the gospel as chosen by him; otherwise, such extrajudicial confession
shall be inadmissible as evidence in any proceeding.

(e) Any waiver by a person arrested or detained under the provisions of

Article 125 of the Revised Penal Code, or under custodial investigation, shall be in
writing and signed by such person in the presence of his counsel; otherwise the
waiver shall be null and void and of no effect.

(f) Any person arrested or detained or under custodial investigation shall be

allowed visits by or conferences with any member of his immediate family, or any
medical doctor or priest or religious minister chosen by him or by any member of
his immediate family or by his counsel, or by any national non-governmental
organization duly accredited by the Commission on Human Rights or by any
international non-governmental organization duly accredited by the Office of the
President. The person's "immediate family" shall include his or her spouse, fiancé
or fiancée, parent or child, brother or sister, grandparent or grandchild, uncle or
aunt, nephew or niece, and guardian or ward.

As used in this Act, "custodial investigation" shall include the practice of issuing
an "invitation" to a person who is investigated in connection with an offense he
is suspected to have committed, without prejudice to the liability of the
"inviting" officer for any violation of law.”

2. The said contraband will be confiscated and may further be used as evidence
against the jail visitor in criminal action/proceeding. Proper handling of evidence
(i.e. inventory, labeling and receipting of physical evidence obtained) shall be
observed.

3. Confiscated contraband shall be properly turned over to the jail

property/contraband custodian who shall turn over it to the police station where
the subject visitor shall also be referred.

4. Subject visitor shall be arrested based on Sections 5 and 8 of Rule 113 - Arrest of
the Revised Rules of Court.

5. A jail visitor who was found in possession of the contraband must be coordinated
and turned-over immediately to the nearest police station who shall be the one to
file the appropriate case against him/her with the Prosecutor’s Office based on the
report/complaint of the BJMP personnel who made the search. Detaining the
subject without court order in the jail (BJMP manned jail) where he/she committed
the said offense might constitute arbitrary detention.

6. No violence or unnecessary force shall be used in making an arrest. The person

arrested shall not be subject to a greater restraint than is necessary for his
detention.

7. Concerned inmate may also be subjected to disciplinary process

under the Inmates’ Disciplinary Machinery if it is established that he/she has
participated directly or indirectly in the commission of the offense.

C. Dangerous Drugs
1. Possession of dangerous drugs shall automatically result in denial of
entry and immediate arrest of the subject visitor. Applicable
procedures and/or provisions of RA 9165 otherwise known as the
“Comprehensive Dangerous Drugs Act of 2002” shall apply.

2. A jail visitor who was found in possession of the contraband must be

coordinated and turned over immediately to the Philippine Drug
Enforcement Agency (PDEA). The jail warden shall make the necessary
report to be the basis for filing of appropriate case against the subject.

3. For the custody and disposition of the confiscated/seized dangerous

drugs, Section 21 of RA 9165 shall apply, to wit:

“Section 21. Custody and Disposition of Confiscated, Seized, and/or Surrendered

Dangerous Drugs, Plant Sources of Dangerous Drugs,
Controlled Precursors and Essential Chemicals,
Instruments/Paraphernalia and/or Laboratory Equipment . – The PDEA shall take
charge and have custody of all dangerous drugs, plant sources of dangerous
drugs, controlled precursors and essential chemicals, as well as
instruments/paraphernalia and/or laboratory equipment so confiscated, seized
and/or surrendered, for proper disposition in the following manner:

(1) The apprehending team having initial custody and control of the drugs
shall, immediately after seizure and confiscation, physically inventory and
photograph the same in the presence of the accused or the person/s from whom
such items were confiscated and/or seized, or his/her representative or counsel,
a representative from the media and the Department of Justice (DOJ), and any
elected public official who shall be required to sign the copies of the inventory and
be given a copy thereof;

(2) Within twenty-four (24) hours upon confiscation/seizure of dangerous

drugs, plant sources of dangerous drugs, controlled precursors and essential
chemicals, as well as instruments/paraphernalia and/or laboratory equipment,
the same shall be submitted to the PDEA Forensic Laboratory for a qualitative and
quantitative examination;

(3) A certification of the forensic laboratory examination results, which shall

be done under oath by the forensic laboratory examiner, shall be issued within
twenty-four (24) hours after the receipt of the subject item/s: Provided, That when
the volume of the dangerous drugs, plant sources of dangerous drugs, and
controlled precursors and essential chemicals does not allow the completion of
testing within the time frame, a partial laboratory examination report shall be
provisionally issued stating therein the quantities of dangerous drugs still to be
examined by the forensic laboratory: Provided,
however, That a final certification shall be issued on the completed

forensic laboratory examination on the same within the next twentyfour (24)
hours;

(4) After the filing of the criminal case, the Court shall, within seventy-two
(72) hours, conduct an ocular inspection of the confiscated, seized and/or
surrendered dangerous drugs, plant sources of dangerous drugs, and controlled
precursors and essential chemicals, including the instruments/paraphernalia
and/or laboratory equipment, and through the PDEA shall within twenty-four (24)
hours thereafter proceed with the destruction or burning of the same, in the
presence of the accused or the person/s from whom such items were confiscated
and/or seized, or his/her representative or counsel, a representative from the
media and the DOJ, civil society groups and any elected public official. The Board
shall draw up the guidelines on the manner of proper disposition and destruction
of such item/s which shall be borne by the offender: Provided, That those item/s
of lawful commerce, as determined by the Board, shall be donated, used or
recycled for legitimate purposes: Provided, further, That a representative sample,
duly weighed and recorded is retained;

(5) The Board shall then issue a sworn certification as to the fact of
destruction or burning of the subject item/s, which, together with the
representative sample/s in the custody of the PDEA, shall be submitted to the
court having jurisdiction over the case. In all instances, the representative
sample/s shall be kept to a minimum quantity as determined by the Board;

(6) The alleged offender or his/her representative or counsel shall be

allowed to personally observe all of the above proceedings and his/her presence
shall not constitute an admission of guilt. In case said offender or accused refuses
or fails to appoint a representative after due notice in writing to the accused or
his/her counsel within seventy-two (72) hours before the actual burning or
destruction of the evidence in question, the Secretary of Justice shall appoint a
member of the public attorney's office to represent the former;

(7) After the promulgation and judgment in the criminal case wherein the
representative sample/s was presented as evidence in court, the trial prosecutor
shall inform the Board of the final termination of the case and, in turn, shall
request the court for leave to turn over the said representative sample/s to the
PDEA for proper disposition and destruction within twenty-four (24) hours from
receipt of the same….”

4. Concerned inmate may also be subjected to disciplinary process under the

Inmates’ Disciplinary Machinery if it is established that he/she has participated
directly or indirectly in the commission of the offense.
X. SEPARABILITY CLAUSE

In the event that any provision or part of the policy be declared unauthorized or
rendered invalid by a competent authority, those provisions not affected by such
declaration shall remain valid and effective.

XI. REPEALING CLAUSE

All other existing issuances, which are inconsistent with this policy, are hereby rescinded
or modified accordingly.

XII. EFFECTIVITY

This policy shall take effect immediately.

ROSENDO M DIAL, CESO III

Jail Director (DSC)

Chief, BJMP
Annex A

________________________

Name of Jail

STRIP SEARCH/ VISUAL BODY CAVITY SEARCH

AUTHORIZATION (SSVBCSA)

Date: ______________ /Time: _________________

Rank and Name of Searcher:______________

Subject’s Name: ______________ Inmate to be Visited: ___________

Probable cause to conduct Strip Search / Visual Body Cavity Search:

____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
Source of information (if known): __________________________________________________
_____________________________________________________________________________________

Instruction to the Searcher: Searches are to be conducted in the least intrusive manner, while
ensuring accomplishment of the intended purpose, yet maintaining respect for individual
dignity and insuring the greatest level of privacy.
[ ] STRIP SEARCH:

[ ] HEAD: Check nose, ears and mouth. Have subject shake out his/her hair. Check under
the tongue and around teeth.

[ ] ARMS& SHOULDERS: Instruct the subject to raise arms and check arm pits. Examine the
subject with fingers spread and extended.

[ ] FEET: Check bottom of the feet and in between toes.

[ ] BANDAGES& CASTS: Examination of any prosthesis or false teeth will be

accomplished with the assistance of facility medical personnel or qualified medical
professional.

[ ] VISUAL BODY CAVITY SEARCH:

[ ] BREAST: Have the subject lift the breast, visually inspect.

[ ] GROIN: Inspect around penis, testicles or if female check the area of the vagina.

[ ] RECTAL: Instruct the subject to bend over/squat and spread the cheeks of the buttocks.

_____________________ _____________________
Signature of Searcher Signature of Warden

Annex B

WAIVER OF RIGHT ON STRIP/ VISUAL BODY CAVITY SEARCH

PAGPAPAUBAYA NG KARAPATAN SA KATAUHANG / MASUSING PAGHAHALUGHOG / “VISUAL BODY
CAVITY SEARCH”

I,_______________, visitor of inmate/s ___________________ Akosi dalawni/nina

of ___________________ Jail hereby voluntarily submit myself for

ng dito’y kusang loob na ihain ang aking sarili sa strip search /visual body cavity search by
authorized BJMP personnel. Masusing paghahalughog / “visual body cavity search” ng
otorisadong kagawad ng BJMP.

That any contraband found in my possession as a consequence Anumang mga bagay

na ipinagbabawal na matatagpuan sa aking pag-iingat may be used as evidence against me in
criminal action/proceeding.

Ay Maaring gamitin laban sa akin sa anumang usapang kriminal/pamamaraan.

I therefore have understood the foregoing statements

Samakatuwid, aking naintindihan ang mga nasabing pahayag at

and affixed my signature to affirm my willingness to abide by the same. ako ay lumagda upang
ipagtibay ang aking kusang-loob na pagsangayon dito.

_____________________________
Signature of Visitor LagdangDalaw

___________________________
Name and Signature of Witness
Pangalan at LagdangSaksi

____________________ Date and Time

of Search
Petsa at Oras ng Paghalughog

PROCEDURES ON DECONGESTION

Decongestion AUTHORIZE TO
ACTION TAKEN
Programs RELEASE
PROBATION
INMATE WARDEN COURT
OFFICER
AUTHORITY
TO RELEASE

RA 6036 Inmate must be To provide Court grants Keep the Court issues Warden
RECOGNI- convicted for a existing recognizance grantees always order
ZANCE term of one (1) organization of applied by the informed of the directing the
year or less. NGOs involved in inmate while scheduled city/munici- - Receives
corrections, his/her case hearing and the pal district jail court order. -
information, and are still development of warden to Verifies
Inmate applies education pending. the cases. authenticity of
release
for Release on program on the the court order.
inmate
Recognizance coverage of ROR through ROR. -Inmatewillbe
while his case is (Release on Issue order to CUSTODIAN subjected to
still pending in Recognizance) release the
court. inmate under usual releasing
the custodian procedure. -
granted/recog Releases
Inmate chooses nized by the To be notified of inmate if there
responsible court. the hearing. is no other
persons who are pending case. -
in good standing Submits report
in the Direct the
-Return all
community for probation
deposited
their officer to
recognizance. personal
conduct close
belongings of
surveillance
inmate.
Inmate applies upon the
for release on inmate and
ROR and stating submit his
that he findings for
recognizes the further
authority of the evaluation.
person where he
is placed with
custody.
RA 6127 Inmate should -Receives court Court decides Prepares Court order (See column
FULL TIME sign the order. on full time detainee’s under Warden)
CREDIT detainee’s credit specified manifestation to
manifestation in the court abide by the
and abide by the -Verifies rules and
order. Issues
rules and authenticity of regulations of
court order. order either to
regulations of the jail. Apprises
credit or not
the jail. (Full the inmates of
his preventive
Time Credit) if his right and
Warden, thru imprisonment.
not, only 4/5 of privileges under
record Section
his preventive detention. Assist
computes
imprisonment offender in
corresponding
will be given, to signing his
be signed in the computation of
detainee’s
presence of inmates’
manifestation.
counsel or preventive
(DM)
Inmate Welfare detention based on
court order.
Officer
Submits DM to
-Inmates subjected the Jail Warden
Await decision through record
to usual releasing
of the court. procedure. Section.

-Submits report to
court/immediate
superior upon
compliance of
release with CPI.
ACTION TAKEN

AUTHORI
Decongestio AUTHORIZE TO
PROBATIO TY TO
n Programs INMATE WARDEN COURT RELEASE
N OFFICER RELEASE

PD 603 Will request -Coordinates with religious Court will order Court Warden Releases
CHILD AND Social Action parishes. confinement of Order youth offenders to
YOUTH Center of youth offenders to rehabilitation
WELFARE religious sects NTSB, MARILAC centers Releases
for custody. -Provides case evaluation to the HILLS, and RRYC. youth offenders to
CODE
court. the custodian as
stipulated in the
Seeks Court Order
assistance -Summon concerned parents for
Submits report
conference of the child’s case
from DSWD
and recommend for possible
for custody.
solution.

Provide youth offender special

rehabilitation programs.

Coordinates with local

executives for sports activities
for the youth.
PD 968 Inmates must Upon commitment, Warden Court will evaluate Submits Court Warden receives
PROBATIO be convicted shall take note of crime charged, the prison records his issues court order, verifies
N with a prison advice detainee of the submitted and findings order to authenticity of the
term of 6 provisions of PD 968 (as well as direct probation and Jail court order.
years and his possible sentence if officer to conduct recommen Warden Releases inmate
below convicted), as to whether he is background dation to directing subject to usual
qualified or not qualified to investigation of the court him to releasing procedure
avail such provision, and the inmate. and to the release if there is no other
indicate in the detainees’ index Board of the pending case.
card a mark to denote Probation inmate as
possibility of provision. Upon Submits report.
for his/her
conviction of the inmate, the Return all deposited
approval. probation
Warden shall know whether is personal belongings
inmate may be qualified of granted. of inmate.
probation thru his/her counsel
or PAO.

Warden must prepare all prison

records of the inmates and
submit it to Board of Probation
and Parole for evaluation.
Warden must get certification
from clerk of court that
promulgation of said case is not
appealed. He shall assist the
inmate to apply for probation.
He shall inform PPA office of the
presence of an applicant for
probation in the jail, much more
if subject is illiterate, ignorant
or indigent, and further assist
PPA investigation so that
investigation can be terminated
with speed.

Upon receipt of release order,

Warden should conduct
verification of order including
its authenticity. If there’s no
other pending case, release
inmate in accordance with the
usual procedure of release.
Conduct information and
education program on
objectives and benefits of PD
968 to all inmates. Evaluate and
determine whether the inmate
met the criteria to place
him/her on probation in
coordination with PPO.

BP 85 Inmate Request the court in writing for Court Warden Inmate

PREVENTIVE applies for BP speedy trial. Conduct monthly Order will be subjected to
IMPRISON- 85 thru monitoring report on status of usual releasing
MENT his/her inmate’s cases. Conducts procedure: Return
lawyer if his information drive on the mode all deposited
/her of release of inmates. personal belongings
detention of inmate.
already being
served is
equivalent to
the maximum
impossible
penalty for
the offense
charge.
TRANSFER Inmates must Warden receives/follow-up: Issues Court Warden
TO BUCOR be convicted Mittimus/commitment order mittimus/commit Order Prepares all
to 3 years, 1 Court decision ment order documents for
day to Information transfer. Provides
reclusion Issues Certification of Detention security escorts, lift
perpetua or Prepares Form 35 capability and
life Returns all logistical
imprisonment deposited requirements
. during transfer.
belongings of
Note: Submits report
inmate.
Insular Return all deposited
prisoners personal belongings
must be of inmate.
transferred to
BUCOR within
48 hours
upon receipt
of court order
with other
requirements
duly complied
with.
SERVED Inmates -Receives court order Court Warden -Verifies
SENTENCED should be -Evaluates Records conviction - Order authenticity of the
credited Makes computation of sentence. court order Informs
his/her -Return all deposited personal the court that
preventive belongings of inmate. Maintain convicted inmate
imprisonment index card of the inmate. Make has clearly served
and the GCTA. follow-up with the court for his/her sentence. -
early disposition of pending The release of
resolution status of the inmates’ inmate will be
case. Prisoners who served the subjected to usual
minimum sentence thru the releasing procedure.
warden submit reports to the -Return all
Boards of Pardon and Parole for deposited personal
his application for Parole, belongings of
whether it should be granted or inmate. - Submits
not. report.
CASE Awaits court Warden- receives court order - Follow-up Court (See column under
DISMISSED decision Verifies authenticity of court calendar of cases Order Warden)
order for expeditious
- Release inmate subject to trial. Facilitates
usual releasing procedure - communication
Submits report to immediate systems to
superior. offender, counsel,
and relatives.

ON BAIL Applies for Warden- receives copy of court Encourages Court ( See column under
bail order. application for bail Order Warden)
–Verifies authenticity of court bond to offender.
order Facilitates
–Releases inmate subject to communication
usual releasing procedure. – services to
Submits report to immediate offender, counsel,
superior. and relatives.

Republic of the Philippines

DEPARTMENT OF THE INTERIOR AND LOCAL GOVERNMENT
BUREAU OF JAIL MANAGEMENT AND PENOLOGY
Juco Building, 144 Mindanao Avenue, Project 8, Quezon City
13 October 2010

BJMP-NHQ

STANDARD OPERATING PROCEDURES

NUMBER 2010-08

Use of Force and Weapons

I. REFERENCES:

1. Basic Principles on the Use of Force and Firearms as Adopted by the Eighth United
Nations Congress on the Prevention of Crime and the Treatment of
Offenders, Havana, Cuba;

2. The Revised Penal Code of the Philippines;

3. The Civil Code of the Philippines;

4. BJMP Decided Cases with Implications on the Use of Force;

5. Memorandum Circular No. 2006-02 dated 28 May 2006 re BJMP Incident

Management System (IMS);

6. Memorandum re: Prohibition of Warning Shots dated 25 January 2010; and

7. LAAW International, Inc., 1994

II. CONCEPT:

The willingness of jail officers to put their lives at risk is an invaluable trait and it should
not be taken for granted but should rather be protected against legal suits that could arise from
misuse of force. In most instances, jail officers are ready to confront the hazards connected to
their job but face the dilemma of what force is necessary to subdue the threat and the legal
repercussions that may follow. Thus, the lack of existing convention and procedure in the use of
force could either inhibit the legal conscious jail officers to effectively control the situation, or
induce its excessive application due to ambiguous authorized model of unit of measurement to
which actions can be referred.
More often than not, full-blown crisis developed from improper application of force.
Improper use of force may be attributed to three lapses: a) vague rules of engagement, b)
inadequate standards and alternatives in the use of force, or c) misjudgment in the application
of rules and standards.

Indeed, the Bureau needs a prescribed specific sequence of levels of force or types of
force equipment to be used in all situations. It needs bases in assessing risk or severity of the
condition and a continuum of the proper level of force following the principles of necessity and
proportionality.

III. PURPOSE:

In the absence of superseding guidance, the policy on the Use of Force establish
fundamental procedures and guidelines governing the actions to be taken by BJMP personnel
in case of disturbances that pose clear threat to the security of the personnel, visitors, and the
jail facilities.

The Policy aims:

1. To prescribe the standards in the use of force in order to control or

preempt the unnecessary escalation of any disturbance/incident into a crisis
situation.

2. To provide guidelines for legal and ethical principles in the use of force.

3. To provide means to balance the two competing goals in any

engagement, which are; (a) the need to use force effectively to accomplish the
objectives and (b) the need to avoid unnecessary force.

4. To establish fundamental rules and procedures governing the actions to

be taken by jail wardens or their representatives in the event of an attack from
either external or internal enemy forces that will threaten the jail facility.

Nothing in this policy shall prevent further formulation of more detailed guidelines nor
will it preclude the formulation of a uniform manual of operations to be promulgated by the
Bureau.

IV. SCOPE:

The provision of this policy shall take effect nationwide.

V. DEFINITION OF TERMS:

Deadly Force - is force that a person uses, or that a person knows or should
know would create a substantial risk of causing death or
serious bodily harm such

as firearm. This includes the threatened use of deadly force

such as drawing of firearm. Non- deadly force can also
escalate into deadly force when directed towards fatal part
of the body such as head. Since it is calculated to cause
death, it is usually, the last resort in the use of force
continuum.

Non-deadly Force - is the use of physical force towards an inmate with any device
other than deadly force or firearm designed to temporarily
incapacitate an inmate. Non-deadly force can be classified
into three: physical contact, chemical/electrical and other
inflammatory agents and impact weapons.

Physical contact or weaponless control - is non-deadly force generally used by jail

officers to restrain inmates without the use of any weapon
primarily designed to incapacitate or immobilize inmates.
This includes restraining holds, come along holds, pain
compliance holds and blows with feet and fists. Generally,
this requires skill of the jail officer using it, such as martial
arts.

Chemical /Electrical /Inflammatory agents (CEI) - are generally non-deadly force when
used appropriately to restrain inmates such as Oleoresin
Capsicum (OC) pepper spray, pepper gun, tear gas, aerosol,
mace, stun gun, taser etc. They are designed to temporarily
incapacitate inmates.

Impact weapons - are non-deadly force generally used to temporarily incapacitate

an inmate such as probatons and nightsticks.

No Force - is a part of the use of force continuum where no force is used simply
because the situation does not call for it. It includes the mere
presence of the jail officers and verbalization and is usually
effective when inmates are not violent.

Presence - is the authority figure of jail officers and their

mere presence may be enough to cause compliance from the

inmates.

Verbal Containment - act, which includes negotiation, persuasion and/or verbalization

that is resorted to when the mere presence of jail officers is
not enough to

contain the situation requiring him to give orders to ensure

compliance by the inmates.

Rescue - is the act of taking away of an inmate or

inmates from the custody of jail officers through the use of

force, threat or intimidation while said inmate is inside the
jail facility or while on transit.

Rescue of inmate inside the jail facility - this means that the inmate to be rescued is
within the jail premises or compound.

Rescue of inmate/s in transit - this means that the inmate to be rescued is outside the
jail premises, while on foot or on board by any means of
transportation either moving or stationary.

Lockdown - is a situation where the inmates, whether in

whole or in part, control the jail facility.

Lockdown of the whole jail facility - is a situation where the inmates control the whole facility.

Lockdown of a portion of the jail facility - is a situation where inmates control a portion of the
jail facility.
Noise Barrage - is a situation where inmates create loud,
unpleasant sounds in order to express their
demands and grievances over issues usually
related to the management of jail such as low
quality of food, demand for visitation privileges,
poor leadership of the jail Warden etc.
Hostile act - a hostile act is an attack or other use of force by
an inmate or inmates against other inmate/s,
visitor/s, jail personnel, jail properties and
facilities, or an attack against jail security.
Hostile intent - the threat of imminent use of force by an
inmate or inmates against other inmate/s,
visitor/s, jail personnel, jail properties and
facilities, or the threat of imminent use of force
against jail security.
Immediate Danger - is a situation of high probability that a hazard,
condition or activity caused by an inmate or
group of inmates which will be injurious to
themselves, to jail personnel, visitor/s, or other
inmate/s’ health and/or safety; or harmful to jail facilities
and security is so likely to exist or occur almost immediately
and without warning.

Imminent Danger - any condition or practice in a place of

employment where such a danger exist which
could reasonably be expected to cause death or
serious physical harm immediately or before the
imminence of such danger can be eliminated
through the procedures.
Inmate - a person being held for confinement inside the
jail either for an offense charged or for safekeeping
purposes.

Serious bodily injury - bodily injury that creates a substantial risk of death or that
causes death, serious permanent disfigurement, or
protracted loss or impairment of the function of bodily
member or organ.

Principle of Necessity - use of only such force as is, or reasonably appears to be,
necessary to resist the harm and injury threatened or
inflicted by inmate to fellow inmate, jail officer and civilian.
Use of Proportional Force - is the force reasonably necessary in a given situation that is
logical and proportionate to the gravity of danger, hostile act
or assault.

Riot - is a large scale disorganized brawl or combat

between inmates usually due to long
standing conflict.

Assault - is a situation where violence, threat and

intimidation by inmates is directed against fellow
inmate, civilian or any jail personnel.

Hostage/s - a person or persons, who may be an inmate,

jail personnel or civilian, held by another inmate
or inmates as a guarantee that certain actions or
promises will or will not be carried out.
Maximum Tolerance - highest degree of restraint that jail personnel
shall observe in dealing with hostile inmate/s.

Warning Shot - is the intentional discharge of a firearm with

the purpose of causing a positive change in a
person's behavior. A warning shot could be fired
to cause a person to stop fleeing, to cause a
person to drop a weapon, to gain the attention of a potentially
violent crowd, etc.

VI. GENERAL RULES

Regardless of the types of functions to be performed and/or jail operations to be

conducted, all BJMP units and personnel shall comply with and apply the following rules:

A. Under all circumstances, use of force is justifiable only by virtue of the Doctrines of Self-
Defense and Defense of a Stranger.

B. The use of force shall not be resorted to except when strictly necessary
for the maintenance of security and order, or when personnel’s safety is threatened.

C. The use of force shall not be resorted to except in self-defense or in the defense of others
against grave and imminent threat of death or serious injury, or when strictly necessary such
as escape of an inmate.
D. As far as possible, non-violent means must be exhausted prior to use of deadly force.

E. Whenever the lawful use of force and firearms is unavoidable, jail officers shall:
1. Exercise restraint in such use and act in proportion to the seriousness of the offence
and the legitimate objective to be achieved;

2. Minimize damage and injury, and respect human rights and preserve human life;

3. Ensure that assistance and medical aid are rendered to the injured as soon as possible;

4. Ensure that relatives or close friends of the injured or affected person are immediately
notified as early as earliest possible.

F. Where injury or death is caused by the use of force and firearms, the jail officer shall
immediately render a detailed narrative report on the incident to his superiors.

G. The personnel shall be trained on the use of force and firearms.

H. If necessary, stress counseling should be provided to jail personnel who had been
directly involved in incidents where force and/or firearms were used.

VII. USE OF FORCE CONTINUUM

The use of force continuum is an escalating level of force commencing from no force, to non-
deadly force and ultimately, to deadly force. In dealing with the use of force continuum, the
following rules shall be observed:

A. The decision on the appropriateness of the level of force to be used in a given

situation depends entirely on the judgment of the Warden or his duly authorized
representative or other jail personnel confronted with situation requiring the use of force.

B. NO FORCE CONTINUUM

1. General Principles:

Any Jail Officer in the performance of his duty shall:

a. Display an authority figure tempered with patience to maximize efforts to listen and
discern between institutional and personal issues, demands, and sentiments of the
individual or group of individuals;
b. Use tactful persuasive language to gain willing cooperation to discuss and address
the various concerns which triggered the disturbance;

c. Exhaust all persuasive efforts to settle the issues, demands, and sentiments without
compromise to security matters pertaining to escape, attempt of escape, threat of
harm or injury to the staff, other inmates, or visitors;

d. Not, in any instance, use unacceptable language that would demean or antagonize
the status of the inmate as a person;

e. Not, in any instance, draw, un-holster or point any firearm to anyone that may
cause reactions that will aggravate the situation or necessarily antagonize anyone;
and

f. Exercise maximum tolerance in dealing with hostile, arrogant taunting inmates.

2. Specific Principles

a. Riot

a. 1 Open Field

a.1.1 Use of negotiation, persuasion and verbalization to contain, pacify,

subdue, and control incident.
a.1.2 Assess the danger of the situation by considering the number of inmates
involved in the riot, whether or not inmates are armed, the violent reputation
of apparent leaders, and external factors such as the weather, time, possibility
of escalation, and other external threats.

a. 2 Close Field

a.2.1 Use of negotiation, persuasion and verbalization to contain, pacify, subdue and
control incident.

b. Noise Barrage

b.1 Lock up inmates to ensure perimeter security.

b.2 Dialogue and negotiate with inmates. If inmates are compliant, gather all inmate
leaders for further dialogue and open forum.
b.3 Never resort to any use of force as long as inmates are only doing noise barrage and
the incident does not escalate into a more serious one.

c. Hostage taking

The Warden or his duly authorized representative must consider the

following factors before decision-making, and regardless of the demands of the
hostage takers:

- Whether or not hostage taker/s is/are armed;

- Whether or not the victim is a fellow inmate, jail personnel or civilian;
- Number of inmates involved in the hostage taking; - Number of hostages;
and - Length of time.

c.1 Maintain and establish communication with the hostage takers. It is

imperative that an experienced hostage negotiator be designated as the primary
negotiator. The first five (5) minutes is critical, hence the jail officer nearest the
incident must apply verbal containment techniques by negotiating with the
hostage-taker until an experienced negotiator arrives.

c.2 Evacuate inmates who are not involved with the incident into a more
secured place to avoid taking advantage of the situation and to ensure their safety.
Contain the scene of incident by putting up a security perimeter that will prevent
other from entering the scene except the responder.

d. Lockdown

d.1 Immediately contain the controlled facility. If the inmates control only a portion
of the facility, immediately evacuate non-participating inmates to the
unaffected portion for their safety.

d.2 Immediately conduct a dialogue with the inmates. As much as

possible, find out their demands and negotiate surrender of the controlled portion
of the facility.

d.3 Ensure tight security of perimeter fence to avoid inmates taking advantage of
the situation.
e. Rescue

The Warden or his duly authorized representative must consider the

following factors in decision-making:

- the firepower and number of rescuers; and

- in rescue while in transit, presence of civilians and danger of cross-fire.

e.1 Negotiation must be used to pacify, control, and subdue the situation. It
is also used to ascertain the goal of the rescuers and may help the Warden or his
duly authorized representative into arriving at a better decision.

e.2 Secure the rest of the inmates who are not involved in the incident.

f. Assault

The Warden or his duly authorized representative shall consider the

following factors in decision-making:

- Whether or not inmates are armed; and

- The victim, whether a civilian, jail personnel or fellow inmate.

f.1 Negotiation must be used to pacify, control, and subdue the situation. No use
of force is authorized if, after the assault, the authorities have regained control of
the situation and that there is no possibility that the assaulting inmate may attack
again.

C. NON-DEADLY FORCE CONTINUUM

1. General Principles:

The Warden or his duly designated representative or the Team Leader of the
Custodial and Security Force or the Team Leader of a task force shall:
a. Ascertain or recognize that there is indeed a need to assert authority over erring
inmates after exhaustion of efforts to settle issues, demands and sentiments.

b. Evaluate the situation and decide on the degree of non-deadly force to be employed
taking into consideration the following circumstances:

- the possibility that the incident could escalate into a more serious one;

- the skill and experience of the jail personnel who will administer the non-deadly
force; and

- the compliance of inmates or their sincerity to negotiate surrender.

c. Continue negotiation notwithstanding the use of non-deadly force. Resume negotiation if

inmates show willingness to cooperate.

d. Resort to non-deadly force when the use of words does not control and the use of deadly
weapon is inappropriate.

e. Authorize the use of non-deadly force in cases where inmates are non-compliant despite
verbal containment or the gravity of the situation dictates that verbal containment is not
appropriate.

f. Authorized use:

f.1 Physical contact

▪ Jail Officers must be adequately and appropriately trained for the purpose.
The height, built and age of the inmate must also be taken into consideration
to select the most appropriate jail officer.

▪ Inmates must not be armed.

▪ Blows must be directed to non-fatal parts of the body such as hands, legs etc.

f.2 Chemical/Electrical/Inflammatory (CEI) agents

▪ Resort to use of this kind of weapon only when there are personnel trained for
the purpose. Prior to use of CEI agents, a paramedic must be available to
provide first aid.
▪ The use of CEI weapon should be exercised with due diligence since sparks
from these weapons are capable of igniting flammable materials likely to cause
more serious harm and injury like fire and explosion.

▪ The health and physical condition of inmates must be taken into consideration
in choosing this non-deadly force for this may be fatal for other inmates such as
asthmatic and other sick inmates.

▪ The ventilation of the area should also be taken into consideration.

f.3 Impact weapons

▪ Only trained jail officers are authorized to use impact weapons.

▪ Fatal parts of the body must be avoided since these weapons are also capable
of inflicting serious and even deadly harm.

g. Authorized use of non-deadly force shall be used only to temporarily incapacitate

inmate and bring back the control to the authorities.

2. Specific Principles

a. Riot

a.1Open Field

a.1.1 With continued use of verbalization. Ascertain whether inmates are

armed or not to determine the appropriate force to use.

a.1.2 Isolate and secure non-participating inmates.

a.1.3 If inmates are unarmed but resistant, use impact weapons.

a.2Close Field

a.2.1 Carefully assess the situation to minimize the risk to inmates and
responding personnel.
a.2.2 Physical contact may be discouraged since this is a close field incident
and it might endanger the life of the responding jail officer.

a.2.3 Determine whether the use of chemical weapon is appropriate. Consider ventilation
and amount of chemical weapon to be used as it may put the lives of the personnel or
inmates at risk.

a.2.4 Impact weapons shall only be applied by trained personnel.

a.2.5 Use other means of non-deadly force in a proper and considerate manner.

b. Noise barrage

b.1 At the first stage of violence, non-deadly force shall be considered.

b.2 CEI weapons may be used to pacify or subdue inmates only if incident is escalating to
violence.

b.3 Non-deadly impact weapons shall be deployed only when there is apparent threat to
life and property.

c. Hostage

c.1 If the hostage-taker is unarmed, use of non-deadly force may be authorized. However,
try to minimize the risk of injury.

c.2 If the hostage-takers are armed, impact weapons might be utilized to subdue the
inmates. Careful evaluation of the situation is needed to determine whether impact
weapons are sufficient or not.

d. Lock down

d.1 Determine how long do the inmates have controlled the facility. Reasonable time is
dependent on each situation and within the discretion of the authorities.

d.2 If inmates are unarmed, physical force is possible by individual restraint. It is also
important to consider the number of inmates involved in the incident and the
availability of manpower to individually restrain each inmate and eventually pull them
out of the facility.

d.3 If inmates are armed, use chemical, electrical and other inflammatory agents to control
inmates.
d.4 Notwithstanding the use of non-deadly force, negotiation should be continuous.

d.5 Non deadly force shall be immediately discontinued when it is apparent that the
inmates are ready to give up the controlled facility.

e. Rescue

e.1 Immediately alert the proper authorities as regards the rescue.

e.2 In case of rescue inside the jail facility and the rescuers are heavily armed, use CEI
weapon to incapacitate the rescuers and rescue inmates. The ventilation and the space
must be taken into consideration when using chemical weapons.
e.3 Never use CEI weapon in case of rescue while on transit if there are innocent civilians
who might be affected.

e.4 As much as possible in case of rescue while on transit, the nearest police station or the
jail must be immediately informed of the incident for proper back up.

e.5 Physical force and impact weapons shall be used only when rescuers are armed.

f. Assault

f.1 Use of CEI weapon in order to temporarily incapacitate the assaulting inmate and at
the same time, rescue the victim.
Authorities to control the situation may also use this.

f.2 Use physical restraint if the assaulting inmate is not armed.

f.3 Use impact weapons if inmates remain non-compliant after several hours of
negotiation and only if inmates are unarmed.

D. DEADLY FORCE CONTINUUM

1. General Principles:

The Warden or his superior shall:

a. Notwithstanding the exercise of deadly force, exhaust efforts of verbalization and

persuasion to contain, subdue and control incident;

b. Resort to use of deadly force only after failure of negotiation or non-deadly force
intervention;
c. Use deadly force only to incapacitate inmates or restrict the mobility of inmates
and should not be aimed at any fatal part of the body;

d. Not authorize the use of deadly force or non-deadly force when no force is
needed to resolve the situation and shall immediately order to discontinue the
use of deadly force after the necessity of using it has ended;

e. Include in his repertoire the threat to use of deadly force such as pointing a gun
against an inmate;

f. Employ deadly force only in defense of life or if there is reasonable ground to

believe that there is grave and imminent danger to the life of the jail officer
himself, fellow jail officers, inmate/inmates and innocent civilians; and
g. Exercise the use of deadly force with reasonable care and diligence to justify its
use.

2. Specific Principles:

a. Riot

a.1Open Field

a.1.1 Deadly force shall be used if inmates are armed and uncontrollable or;

a.1.2 When negotiation fails and lives are in grave and imminent danger.

a.1.3 Shall be used only after non-participating inmates are properly isolated and
secured.

a.2Close Field

a.2.1 Deadly force may be used only if despite the use of non-

deadly force, inmates remain non-compliant.

a.2.2 Prior to use of deadly force, the authorities should have

properly identified the inmates involved in the riot.

b. Noise Barrage

Deadly force shall be employed if in case a situation escalates into a serious

condition or other inmates resort to violence and pose grave and imminent
danger to the lives of inmates and jail personnel.

c. Hostage taking

c.1 Deadly force may be used if there is total failure of negotiation and the
inmates remain non-compliant despite the use of non-deadly force;

c.2 If the hostage takers are armed;

c.3 A hostage or hostages had been killed;

c.4 Immediately discontinue use of deadly force if there are signs that the use of
force is not already appropriate such as when hostage takers already show signs
of surrender.

d. Lockdown

d.1 When the erring inmates have assaulted fellow inmates who refused to
participate in the lockdown.

d.2 If there is a reasonable ground to believe that there is grave and imminent
danger to the lives of inmates and personnel in the facility.

e. Rescue

e.1 In case of rescue by outside forces or in any situation during rescue where
lives of inmates and personnel are on grave and imminent danger, or when it is
established that the rescuers are determined to inflict harm or injury.

e.2 If part of the facility is destroyed or if the jail security is severely jeopardized
by rescue attempt.
e.3 Never use firearms in case of rescue while on transit if it possesses a grave
and imminent danger to the lives of the people living in the area.

f. Assault

f.1 When use of deadly force is authorized to incapacitate the assaulting party
and prevent him from attacking other people.

E. WARNING SHOT

1. Disadvantages of warning shot

a. Warning shots may pose risks to innocent civilians, inmates and jail personnel.
b. Warning shots may cause an armed fleeing inmate to fire back believing that the shot
was intended to kill him.
c. Jail personnel could inadvertently shoot the inmate on fatal part of the body resulting
to his death.
d. When exercised negligently, warning shots may cause injury to persons or damage to
property.

2. Advantages of warning shot

a. Warning shots when exercised properly are effective ways to stop a fleeing inmate or
vehicle.
b. It enables to get the attention of other people of the ongoing commotion or incident.
c. It enables to give caution to other jail officers of the ongoing commotion and to
respond immediately.

3. Authorized situations

a. The shot should not be aimed at fatal parts of the body nor in a particular person.
b. Since they constitute deadly force, warning shots must be exercised with due
diligence and only if the jail personnel reasonably believes that the inmate/inmates
pose grave and imminent threat into the lives of innocent civilians, inmates and jail
personnel in the area.
c. Warning shots are authorized in open field but not in close field. In giving a warning
shot, extra prudence must be exercised to ensure that it will not cause any injury to
any person or damage to property.

F. DEPRIVATION OF FOOD, WATER, AND ELECTRICITY DURING JAIL INCIDENTS

1. Advantages

The provision of food, water, and electricity can be used by the jail personnel to
negotiate with erring inmates and possibly to gain some concessions like release of
a hostage in exchange of food.

2. Disadvantages

a. Food and water are basic rights, which cannot be deprived in all
cases and under any circumstances. To deprive inmates of these rights is a
violation of their human rights.

b. Deprivation of food and water is considered as deadly force

since
continuous lack of these necessities may result in weakening of the body and if for a
longer period may result to death.

c. Human rights groups may question the deprivation, which may

result in unnecessary lawsuit.

3. Authorized use

a. The deprivation is authorized only when there is reasonable

ground to believe that there is an imminent and grave danger to the lives of
jail personnel who will deliver the food, water or any necessities.

b. It is authorized to cut off electricity during use of CEI weapon

since sparks from chemical weapon are capable of igniting flammable
materials, which may result in fire and explosion. The cutting off, however,
must be for a limited time only.

c. Authorized to reduce food and water but not to totally deprive

inmates throughout the incident.

VIII. POST ACTION ACTIVITIES:

A. Debriefing

1. Debriefing of Personnel

a. All personnel involved in the incident must undergo a thorough physical, medical
and psychological checkup.
b. After the critical jail incident, all personnel must be briefed on the event, present
the evaluation and recognized lessons learned. In this way, personnel may not
only learn from the experience but also participate in the investigation.

2. Debriefing of Inmates

a. Within 24 hours after the critical jail incident is resolved and the situation is back
to normal, the Warden shall gather all inmates for a dialogue, thresh out
important issues and settle possible sources of conflict.

b. All inmates involved in the incident must be segregated from the rest.

c. Inmates involved in the incident must undergo a thorough physical and medical
check-up. Seriously wounded inmates must be immediately brought to the
nearest hospital.

B. Record keeping of the Incident

1. Preserve the crime scene and make sure that all pieces of evidence are sealed and
protected/not tampered.

2. Within 24 hours after the incident, a partial report should be submitted by the
Warden to the Regional Director who shall, in turn, make a report to the Chief,
BJMP.

C. Evaluation of the applicability of the Use of Force

1. After an incident involving the use of force, a thorough investigation should be

conducted to determine the appropriateness of the level of force used taking into
consideration the following factors:

a. The nature of the incident;

b. The level of force used;
c. Number of inmates involved in the incident;
d. Number of personnel present in the incident; and
e. Logistical capability of personnel including firearms and equipment.
f. Damages/casualties caused.

2. Identify lessons learned from the incident.

IX. REPEALING CLAUSE:

All circulars or issuances inconsistent with this directive are hereby rescinded or modified
accordingly.
X. EFFECTIVITY:

This policy shall take effect immediately.

ROSENDO M DIAL, CESO III

Jail Director (DSC)
Chief, BJMP

Republic of the Philippines

DEPARTMENT OF THE INTERIOR AND LOCAL GOVERNMENT BUREAU OF JAIL
MANAGEMENT AND PENOLOGY
144 Mindanao Avenue, Project 8, Quezon City

MEMORANDUM
TO : Directors of Directorates

Heads of Offices

Regional Directors

JNTI Director

SUBJECT : Use of Rubber Bullets and Rubber-Coated Bullets

(Addendum to SOP on Use of Force and Weapons)

DATE : 08 November 2010

1. Reference: DPD Research Study dated November 05, 2009 regarding Rubber
Bullets and Rubber-Coated Bullets.

2. In connection with the above reference, rubber bullets and rubbercoated bullets
are considered lethal munitions and not non-lethal or less-lethal weapons as they are
commercially labeled. These bullets can cause same damage and injury as the regular bullets.
Hence, the use of these bullets should only be resorted to on incidents requiring deadly force
mentioned in the Standard Operating Procedures on the Use of Force and Weapons. They can
also be used as better alternative to regular bullets in cases of self-defense or defense of stranger.

3. The official safe range for firing the rubber and rubber-coated bullets is at least
40 meters. This minimum range must be diligently observed when these bullets should be
necessarily used.

4. For guidance and information.

ROSENDO M DIAL, CESO III

Jail Director (DSC)

Chief, BJMP
Republic of the Philippines
DEPARTMENT OF THE INTERIOR AND LOCAL GOVERNMENT
BUREAU OF JAIL MANAGEMENT AND PENOLOGY
Juco Building, 144 Mindanao Avenue, Project 8, Quezon City
Trunklines: (+ 632) 927-6383; 453-1196
Email Address: [email protected] Website: www.bjm.gov.ph

MEMORANDUM

TO : All Regional Directors

SUBJECT : Reiteration Memorandum re: Proper Utilization of Jail

Aides

DATE : 11 July 2011

1. References:

a) Memorandum from RD, BJMPRO-V re: Escape Incident at

Palanas District Jail, Masbate dated 06 July 2011; and

b) Memorandum, re: Revised Policy on the Designation of Jail Aides dated 16

June 2008.

2. An unfortunate incident happened last Tuesday, 05 July 2011 at Palanas District

Jail in Palanas, Masbate, where inmates were able to escape by attacking the personnel with a
hammer which caused the death of the Assistant Warden, a custodial personnel and an inmate.

3. To pre-empt the same from happening, the prohibition on the designation of

inmates charged with heinous crimes is hereby reiterated. Only those inmates charged with light
offenses (crimes where the maximum imposable sentences are six (6) years imprisonment and
(below) or sentenced city prisoners who are due for release should be utilized as jail aides.

4. To properly monitor their compliance with this directive, Inspecting Teams from
the Regional Office and the Jail Provincial Administrators should look into the
Wardens’/Wardresses’ adherence to this memorandum during jail visits or inspections.

5. Further, require them to submit to your office every fifth (5 th) day of the month
the list of jail aides in their respective jails to include the crime/offense they had been charged
with to monitor their compliance.

6. Wardens/Wardresses who fail to abide by this directive shall be sanctioned

accordingly.

7. For guidance, widest dissemination and strict compliance.

ROSENDO M DIAL, CESO III

Jail Director DSC

Chief, BJMP
Republic of the Philippines
DEPARTMENT OF THE INTERIOR AND LOCAL GOVERNMENT
BUREAU OF JAIL MANAGEMENT AND PENOLOGY
Juco Building, 144 Mindanao Avenue, Project 8, Quezon City
Trunklines: (+ 632) 927-6383; 453-1196
Email Address: [email protected] Website: www.bjm.gov.ph

MEMORANDUM

TO : ALL REGIONAL DIRECTORS

SUBJECT : Prohibition on Utilization of Jail Aides Beyond

1700H

DATE : 28 December 2010

1. In order to prevent escapes perpetrated by jail aides, the policy on the prohibition on their
utilization is hereby reiterated with a modification on its time scheme. They must only be allowed to
stay out of their cells during day time and until 1700H only. After which, no jail aide shall be allowed
to be roaming within the jail facility and they must be locked-up inside cells together with the rest of
the inmates.

2. ITCON, direct the Wardens to have the jail aides constantly monitored and their activities
supervised to ensure proper compliance with this directive.

3. For widest dissemination and strict compliance.

ROSENDO M DIAL, CESO III

Jail Director (DSC)

Chief, BJMP

Republic of the Philippines

DEPARTMENT OF THE INTERIOR AND LOCAL GOVERNMENT BUREAU OF JAIL
MANAGEMENT AND PENOLOGY
103 Kalayaan Avenue, Diliman, Quezon City

MEMORANDUM

TO : All Assistant Regional Directors

SUBJECT : Violation on the Policy re: Designation as Jail Aides

DATES : 28 July 2008

1. References:

a. Memo to all ARDs, dated 16 January 2003, re: Designation of JAIL AIDES.

b. Jail Inspection Reports.

2. It has been observed that inspire of very clear provisions of the policy regarding
designation of inmates as jail aides, some wardens wittingly continue to disregard the policy by
utilizing inmates to open the jail gates; search visitors; go out without court order; have
possession of jail keys; perform custodial duties; perform sensitive records keeping duties such
as making entries in the carpeta, handling of carpeta, handling of carpeta and the like; and receive
and transmit commo and/or information by answering telephone calls, radio and other means of
communications.
3. These tasks should not be performed by inmates designated as jail aides because
these are violations of the policy. ITCON, you are hereby directed to advise all wardens in your
respective AORs to refrain utilizing inmates to perform the above-mentioned tasks.

4. Violation of this policy will be dealt with accordingly including the RELIEF of the
jail Warden concerned and being charged administratively with insubordination. You will be held
answerable if any Jail Warden in your AOR does not know this policy.

5. For widest dissemination and strict compliance.

ARTURO W ALIT, CESO IV

Chief Superintendent (DPA

Officer-in Charge, BJMP

Republic of the Philippines

DEPARTMENT OF THE INTERIOR AND LOCAL GOVERNMENT
BUREAU OF JAIL MANAGEMENT AND PENOLOGY
Juco Building, 144 Mindanao Avenue, Project 8, Quezon City
Trunklines: (+ 632) 927-6383; 453-1196
Email Address: [email protected] Website: www.bjm.gov.ph

MEMORANDUM

TO : All Regional Directors

SUBJECT : Reiteration on Deployment of STAR Team

DATE : 14 October 2014

1. Reference: Memorandum issued by the Directorate for Operations dated 05 July 2010
re: Deployment of STAR Team.

2. Reiterated hereby the compliance on policy of the deployment of the STAR Team in
the Regional Office. For the regions with two or more STAR Team composition, other team/s should be
deployed in big jails strategically located nearby other jails for immediate response in case of
emergencies.
3. For strict compliance.

BY AUTHORITY OF THE OFFICER-IN-CHARGE:

PIO B CAPISTRANO
Jail Chief Superintendent
Directorate for Operations

Republic of the Philippines

DEPARTMENT OF THE INTERIOR AND LOCAL GOVERNMENT
BUREAU OF JAIL MANAGEMENT AND PENOLOGY
Juco Building, 144 Mindanao Avenue, Project 8, Quezon City
Trunklines: (+ 632) 927-6383; 453-1196
Email Address: [email protected] Website: www.bjm.gov.ph

MEMORANDUM

TO : ALL REGIONAL DIRECTORS

SUBJECT : Actual Number of STAR Team Personnel and

Specific Assignment

DATE : 05 January 2015

1. It has come to the attention of this Office that some STAR Team personnel were
assigned as custodial personnel in jail, defeating the purpose of their creation as reaction and
augment unit in any jail disturbances in your respective AOR. Their trainings are specialized and
designed not as custodial personnel.

2. ITCON, in order to maximize manpower and capabilities of STAR Team personnel

in your respective AOR, you are directed to submit ASAP their complete names and specific places
of assignment.

3. STAR Team members assigned as custodial personnel in jail units must be

recalled back and re-assigned to mother unit or at the Regional Office and further utilized for
office functions.

4. For your guidance and strict compliance.

BY AUTHORITY OF THE C, BJMP:

PIO B CAPISTRANO

JCSUPT DSC

Director for Operations

Republic of the Philippines

DEPARTMENT OF THE INTERIOR AND LOCAL GOVERNMENT
BUREAU OF JAIL MANAGEMENT AND PENOLOGY
Juco Building, 144 Mindanao Avenue, Project 8, Quezon City

02 April 2012
Date

BJMP – OPNS
STANDARD OPERATING PROCEDURES

NUMBERS 2012 – 01

GUIDELINES IN ESCORTING HIGH-RISK/HIGH-PROFILE INMATES

I. REFERENCES

A. Memorandum from the HONORABLE SECRETARY, DILG to review the protocols in

escorting high-risk inmates dated 14 March 2012; B. Book II – Operations, BJMP
Manual (Revised 2007); and

C. Operations Manual (1996).

II. BACKGROUND/RATIONALE

The escorting of high-risk/high –profile Inmates to Court is one of the critical jobs
of the BJMP custodial personnel and during the discharge of said duties, incidents are
sometimes encountered which require immediate response in order to avoid injuries,
casualties or damage to or loss of government properties. There is therefore a need to
come up with a uniform procedure in escorting high-risk/high-profile inmates.

III. PURPOSE AND SCOPE

This SOP aims to guide the members of the escort teams in securing high-
risk/high-profile inmates when attending Court hearing, especially in case of incidents such
as attack or ambush on the way to or from the Courts. Highrisk/high-profile inmates need
maximum security as they are known personalities and may be targets for rescue by their
associates or even assassination attempts as some of them may have made ardent enemies
prior to their incarceration who would stop at nothing to get back at them.

Although primarily developed for high-risk/high-profile inmates, some of the

guidelines enumerated herein are applicable in escorting other inmates not similarly
classified.

IV. GENERAL PRINCIPLES

Being a critical task for escorts, the escorting of high-risk/high-profile inmates

should be given priority security considerations by the Warden since it is when these
inmates are escorted outside the jail when they are most vulnerable to attacks or rescue by
their cohorts. All possible support for this endeavor must be given by the Regional Office
and/or the NHQ in order to fulfill our mandate of safekeeping the inmates and avoiding
unnecessary loss of life and property.

Proper coordination with the police and the military must be made prior to
transporting high-risk/high-profile inmates and augmentation personnel and equipment
may be requested from them if necessary.

V. GUIDELINES IN ESCORTING HIGH-RISK/HIGH-PROFILE

INMATES

DELINEATION OF COMMAND/RESPONSIBILITIES

1. In case there are augmentation personnel from other units, the same are
considered as additional escorts and are jointly responsible in securing the
safety of the inmates. The escorts from the jail are the ones who should act
as close-in security for the inmates.

2. Before leaving for the Court, the Team Leaders of the Augmentation Team
may give their guidance to compliment the briefing by the Team leader of
the Jail’s escorts.

3. While in the Court, the primary task of the Augmentation Teams is to secure
the entry/exit points, the prisoners vans at the parking area and as perimeter
guards.

ESCORTING PROCEDURES

A. BEFORE LEAVING FOR THE COURT

Personnel and Inmates

1. A jail Officer with the rank of at least J/INSP or in the absence, the most
ranking JNCO from the jail having custody over the inmates, should act as
Team Leader.
2. He must conduct briefing, personnel and inmate accounting, vehicle and
equipment check.
3. The escort must be given their specific designations such as entrance/exit
guard, inmate guard, perimeter guard, etc.
4. When using Prisoners Van, the lead van must at least have four (4) escorts
including the Team Leader and driver.

5. Inspect the vehicles for potential weapons which may be used by the
inmates.
6. The inmates must be searched for contraband before boarding the van.
7. Inmates must wear the prescribed yellow T-shirt.
8. Restrain inmates with double-locked handcuffs.
9. Inmates must be handcuffed at the back as an added precaution.
10. There must be no more than eight (8) inmates per prisoners van.
11. Inmates must be first to board the van the back door of which must be
locked once they are in.
12. As much as possible, the inmates’ movement should be kept confidential,
especially the time of departure.

Vehicle, firearms, communications and other equipment

13. At least two (2) vehicles must be used in escorting HR/HP inmates.
14. An inmate’s private vehicle shall not be used in transporting them.
15. Ensure that the vehicles are in good condition and have extra tires and basic
repair equipment or tools.
16. Escorts must have long and short firearms which must be loaded and
locked.
17. Must have extra ammunitions aside from the basic load.
18. Must have the following equipment:

Two-way radios cellphones extra handcuffs

Pro-batons video cameras maps

Flashlights raincoats umbrellas

First aid kits First aid brochures

19. The Team Leader must have contact numbers of PNP Stations, Military
Camps/detachments and BJMP along the way.

C. DURING TRANSIT

1. The Team leader from the jail should be strategically seated on the vehicle.
2. To properly monitor their movement, the Team leaders must give track of
their movement to the designated personnel in the jail, the Directorate for
Operations or the Regional Operations Division, respectively, as often as
necessary.
3. The escorts must always be on guard for possible attacks or ambush.
4. No deviation shall be allowed except when security considerations require
otherwise.
5. Movement shall be made during daytime only.
6. The convoy must not make unnecessary stops, especially along the highway
to avoid incidents.
7. As much as possible, the inmates must be concealed from public view.

D. AT THE COURT

1. The Team leader must conduct prior coordination with the Court security.
2. Each escort must occupy a strategic position upon arrival at the court.
3. All entry and exit points must be secured.
4. Suspicious-looking persons inside the Court must be monitored and
identified.
5. No unauthorized persons must be allowed to get near the inmates
6. Inmates must not be allowed to talk with anyone except their lawyer,
escorts and court personnel.
7. They shall not be allowed to go to the toilet or washroom alone.
8. No media interview shall be allowed for both the escorts and the inmates.
9. The close-in escorts shall not lose sight of the inmates at all times.
10. They shall not sit next to the inmate to prevent their firearms from being
grabbed by the former, unless ordered by the Judge.
11. The vehicles must be parked in strategic locations.
12. The Team leader must give a clear and concise instruction in case there is a
change of the route in going back to the jail.

E. UPON RETURN TO THE JAIL

1. Conduct debriefing.
2. The Team Leader should report to the Records Officer the outcome of the
hearing.
3. Render report to higher office.

IN CASE OF ASSAULT OR AMBUSH

During an assault or ambush, the jail escorts team shall secure the inmates
while the augmentation team shall engage the attackers and perform other
necessary actions.

A. During the assault

1. Take cover and assess the situation.

2. Return fire to repel or neutralize the attackers.

3. Immediately contact the nearest PNP Station, Military Camp/Detachment or Jail

Facility.

4. Evacuate the inmates to a safe area.

5. If vehicle or motorcycles are involved, take note of their descriptions and plate
numbers.

6. Take photographs or videos of the suspects or perpetrators including their firearms

and vehicles or motorcycles.

B. After the encounter and the attackers have been neutralized or have fled

7. Administer First aid to the wounded or injured and bring them to the nearest
hospital if necessary.

8. If the attackers flee, do not pursue them if doing so would jeopardize your security.

9. Preserve the crime scene and contact the PNP/law enforcement authorities.

10. If arrests would have to be made, read to them the Miranda Rights and observe
standard arrest procedures. Restrain the attackers and turn them over to the police.

11. Conduct debriefing and submit the incident report to proper authorities.

12. Inform the Court regarding incident.

VI. EFFECTIVITY

This SOP shall take effect immediately.

DIONY D MAMARIL, CES (E)

Jail Chief Superintendent

Officer-in-Charge, BJMP
Republic of the Philippines
DEPARTMENT OF THE INTERIOR AND LOCAL GOVERNMENT
BUREAU OF JAIL MANAGEMENT AND PENOLOGY
Juco Building, 144 Mindanao Avenue, Project 8, Quezon City

MEMORANDUM

TO : Regional Director, BJMP-NCR

SUBJECT : Concerns on Security Augmentation

DATE : 06 October 2004

1. Reference: Security augmentation in escorting high-risk and high profile inmates.

2. It has been noted that jail personnel detailed as escorts no longer perform their
functions once they see the presence of augmentation teams from the National Office. In this
connections, direct all jails within your Area of Responsibility (AOR) to include in their request
the following information:

a.) Schedule of court hearings of high-risk and high-profile inmates.

b.) Number of jail personnel detailed as inmates’ escorts for a particular court
hearing schedule.

c.) Name of the team leader in a particular duty detail of escorts.

d.) Number manpower requirement to augment jail personnel.

e.) Pertinent information about particular personalities to be brought to court and

imminent threats identified.

3. In reference to paragraph #2, letter c. be advised that no member of

the augmentation team from the National Office must be directed to sign the jail’s logbook
purposely to take custody of inmates being brought to court. Be further advised to correct what
happened on 04 October 2004 (Refer to MMDJ logbook entry dated 04 October 2004 signed by
JO2 Richard Laurio of the HRRM-NO),
considering that it is the function of the detailed team leader of the jail’s escorting team and
that the function of teams from the National Office is only of reinforce security.
4. Further, be advised to make your request a week before schedule and inform
the National Office of any changes thereof to avoid confusion as what happened on 06 October
2004.

5. It has also been noted that the MMDJ misconstrue their requests as they asked
for an augmentation team only to find out that all they need is a vehicle. Be specific with the
requirements as not to hamper operations at the National office.

6. For information.

ARTURO W ALIT, CESO IV Director (DPA)

Chief, BJMP
Republic of the Philippines
DEPARTMENT OF THE INTERIOR AND LOCAL GOVERNMENT
BUREAU OF JAIL MANAGEMENT AND PENOLOGY
Juco Building, 144 Mindanao Avenue, Project 8, Quezon City
Trunklines: (+ 632) 927-6383; 453-1196
Email Address: [email protected] Website: www.bjm.gov.ph

MEMORANDUM

TO : ALL REGIONAL DIRECTORS

ALL WARDENS

SUBJECT : Coordination in the Transfer of Inmates

DATE : 14 July 2014

1. These guidelines will not cover transfer of inmates initiated by the courts at their own
instance, but only transfers initiated by the jails, provincial and regional offices of the
BJMP.

2. The usual reasons cited for inmate transfer is either the inmate is troublesome or
incorrigible, a serious security risk or the jail is over congested. It is noted with concern
though that transfers are initiated with the courts without proper and prior coordination
with the receiving jail, provincial or regional offices. This results to an undue transfer of
burden from one unit to another regard to the capacity of the receiving unit to absorb
without sacrificing its operational integrity or due consideration of its capability to
accommodate an inmate especially if classified a high profile/risk.
3. To rationalize such transfer the following guidelines should be followed:

3.1 Transferring of inmate from one jail to another jail within the same region;
a. The jail initiating transfer should have prior lateral coordination and
consultation with the prospect recipient jail to determine its peculiar
circumstances such as availability of manpower and other resources,
congestion rate, vulnerability to attack or escape and other surrounding
circumstances vis-à-vis the classification of inmate sought to be
transferred before requesting the regional office and the court for the
transfer.

b. The initiating jail must request and secure petition for transfer of Place
of Detention only, from the proper court in case that the prospect
recipient jail is adjacent or located within a safe distance from the court
hearing the case of the inmate. In case that the prospect recipient jail is
too far from the court hearing the case, a petition for Transfer of venue
must be filed with the Supreme Court along with the petition for
Transfer of Place of Detention, following the guidelines set forth in
Memorandum dated 31 July 2008 re:
Transfer of Provincial, City and Municipal Prisoners to Vacant Or Not Crowded
Jails and with reference to Memorandum re: Guidelines of Reporting of
Overstaying Inmates pursuant to Article 29 of the Revised Penal Code, Insular
Prisoners and Children in Conflict with the Law (CICL) under BJMP Custody
dated 03 October 2013.

c. The releasing jail should also take into consideration the jail population
of the recipient jail in order to avoid jail congestion.

d. In case the initiating jail had a prior approval of the Regional Office
regarding such transfer without coordinating and consulting with the
prospect recipient jail, the Regional Office concerned shall ensure that
the jail where the inmate is sought to be transferred is not over
congested, and that it would be able to adequately meet the security
requirements. The Regional office should immediately inform the
receiving jail of the impending transfer.

e. In case of disagreement between the concerned jail units and or refusal

of the prospect recipient jail for any reason, the issue shall be resolved
by the Regional Office which has jurisdiction over the two jails.

3.2 Transferring of inmate from one region to another region:

a. When transferring an inmate from one region to another, the initiating jail thru
its regional office should make a prior lateral coordination and consultation with
the prospect recipient jail thru the regional office having jurisdiction over it, to
determine its peculiar circumstances such as availability of manpower and other
resources, congestion rate, vulnerability to attack or escape and other
surrounding circumstances vis-à-vis the classification of inmate sought to be
transferred before requesting the National Headquarters and the Supreme court
for the transfer.

b. The initiating jail must request and secure approval of petition for Transfer of
Place of Detention and petition for Transfer of Venue from the proper court.

c. The initiating jail thru its regional office should also take into consideration the
jail population of the prospect recipient jail in order to avoid jail congestion.

d. In case that the initiating jail thru its regional office had a prior approval of the
National Headquarters regarding such transfer without coordinating and
consulting the prospect recipient jail and regional office having jurisdiction over
it, the concerned national Headquarters Office shall ensure that the jail where
the inmate is sought to betransferred is not over congested, and that it would
be able to adequately meet the security requirements. The concerned office of
the National Headquarters should immediately inform the receiving jail of the
impending transfer.

e. In case of disagreement between the concerned regions and or refusal of the

prospect recipient region for any reason, the issue shall be resolved by the BJMP
National headquarters.

4. Transfers of inmates may only be effected on the basis of court orders except as
provided under the Rules of Court and pertinent laws.

5. The initiating unit must, as much as possible, work out its best efforts so that the
transfer of place of detention will coincide with the transfer of venue of the case

6. For guidance and strict compliance.

DIONY D MAMARIL, CES (E)

Jail Chief Superintendent

Officer-in-Charge, BJMP
Republic of the Philippines
DEPARTMENT OF THE INTERIOR AND LOCAL GOVERNMENT
BUREAU OF JAIL MANAGEMENT AND PENOLOGY
Juco Building, 144 Mindanao Avenue, Project 8, Quezon City
Trunklines: (+ 632) 927-6383; 453-1196
Email Address: [email protected] Website: www.bjm.gov.ph

MEMORANDUM

TO : All Regional directors

Wardens and Wardresses

SUBJECT : Guidelines Governing Transfer of Venue

DATE : 10 March 2014

1. It has been keenly observed that in several instances, some Regional

Offices had made a request purposely for the BJMP-NHQ to intercede and make the
necessary representation before the Supreme Court for a change of venue involving
a case of inmates who have been detained with the BJMP. The underlying reason for
the requests were shrouded, within the context of serious security threats and safety
concerns of the inmates as well as the escorting personnel, which threats, may be
dealt with by transferring the venue of trial.

2. Taking full cognizance of the authority of the Supreme Court to

change the place of trial under Section 5 (4) Article VIII of the 1987 Constitution, it
is imperative to adopt and formulate the following guidelines that will govern
requests for transfer of the place of trial involving inmate under BJMP custody.
a. The requesting party/region may directly channel its request for change of venue
to the Supreme Court if there are weighty reasons to believe that serious security threat
exists provided that prior coordination with the Prosecutor shall be done and his/her
written comment must be secured duly cognizant of the latter’s authority and control in
the prosecution of the case;

b. The requesting party/region may endorse its request to the BJMP-NHQ for the
latter to make the necessary representation provided that prior coordination with the
prosecutor has already been made and the necessary written comment shall be obtained
by the requesting party, provided further that a claim of serious security threat must be
factually substantiated. Upon receipt of the request, the same shall be evaluated and if
warranted, additional documents or information may be required from the requesting
party/region;

c. In sensational cases and High-risk/High profile prisoners, the BJMPNHQ may, on

its own, take initiative for the request of change of venue if warranted under the
obtaining circumstances so as to prevent the needless loss of life, but guided by the
requirements of the immediately preceding paragraph.

3. In pursuance thereof, any request forwarded to the BJMP-NHQ for

representation but does not comply with the foregoing requirements shall be a
ground to return such request back to the requesting party/region without prejudice
to have it filed directly by the latter as it sees fit.

4. For guidance and strict compliance.

DIONY D MAMARIL, CES (E)

Jail Chief Superintendent

Officer-in-Charge, BJMP
Republic of the Philippines
DEPARTMENT OF THE INTERIOR AND LOCAL GOVERNMENT
BUREAU OF JAIL MANAGEMENT AND PENOLOGY
Juco Building, 144 Mindanao Avenue, Project 8, Quezon City
Trunklines: (+ 632) 927-6383; 453-1196
Email Address: [email protected] Website: www.bjm.gov.ph

MEMORANDUM

TO : All Regional Directors

SUBJECT : Additional Guidelines re: Transfer of Insular

Prisoners

DATE : 23 July 2014

1. Reference:

a. Presidential Decree No. 29 otherwise known as an act “ Amending

Subparagraph (D) of Section 1739 and Subparagraph (B) of Section
1740 of the Revised Administrative Code dated October 25, 1972
b. SC Administrative Circular No. 2 dated December 2, 1976
c. OCA Circular No. 4-92-A dated 20 April 1992
d. OCA Circular No. 26-2000 dated 23 March 2000
e. OCA Circular No. 40-2013 dated 13 March 2013

2. Considering our experience in the transfer of insular prisoners, particularly; a) the

refusal of some judges to issue mittimus order if an inmate has other pending cases with the local
courts, b) verbal comment of BuCor Director that transfer to BuCor of inmates with pending cases
will unnecessarily constrain their resources; there is a felt need in the exigency of the service to
provide additional guidelines in the transfer of insular prisoners with pending cases.

3. In OCA Circular No. 4-92-A, the SC directed the transfer of inmates to

BuCor even if on appeal if the penalty or the aggregate of inmate’s penalties are more than three (3)
years.

4. Moreover, in OCA Circular No. 40-2013, the SC directed the judges to issue
appropriate document required for the transfer of insular inmates such as mittimus or
commitment order, decision, certificate of non-appeal or notice of appeal, certificate of non-
pending case, certificate of detention and detainee’s manifestation.

5. It is noted however, that both circulars are silent concerning the treatment of those
who are sentenced with imprisonment of more than three (3) years but are facing other pending
cases before the local courts. Verily, the previous position of transferring such inmates appear to
be working against the interest of public service particularly public safety and runs counter to
cost-effective governance as it entail more resources to be spent to escort inmates from BuCor
to local courts and vice versa for trial.

6. It bears stressing though that inmates sentenced with the penalties of either
reclusion perpetua or life imprisonment should be transferred immediately regardless of the
pendency of other cases considering their high-risk status and on account of the express
provision of the Rules of Court requiring the permission by the Supreme Court for every
movement or transfer of such convict. Also, the court in SC Administrative Circular No. 2 dated
December 2, 1976 directed the hearing of cases so situated, to be conducted within the confines
of BuCor facilities to preclude escape.

7. Considering the foregoing, this office finds it imperative to issue the following
guidelines:

a. All insular prisoners except those exempted under this guidelines shall be
transferred within a non-extendible period of thirty (30) days from the date of
promulgation of sentence.
b. Insular Prisoners with pending cases except those penalized with Reclusion
Perpetua or Life Imprisonment are not required to be transferred to the BuCor
until the termination of all their pending cases.
c. Insular Prisoners penalized with reclusion Perpetua or Life Imprisonment shall
be immediately transferred regardless of the pendency of other cases before the
local courts.
d. Insular Prisoners who applied for probation may not be transferred for a period
not exceeding six months from date of application for probation. However, the
inmates should be assisted in availing release on recognizance pending the
approval of his application for probation.
e. Insular Prisoners with cases on appeal but with no other pending cases before
the local court should be transferred within a nonextendible period of 30 days
from the date of Promulgation of sentence.
f. Insular Prisoners who files Motion for Reconsideration may not be transferred
to the BuCor until after the termination of the required proceedings. However,
the succeeding Appeal cannot be used as a ground for the delay of his transfer.
g. An Insular Prisoner with pending case/s or Motion for
Reconsideration with the local courts or has a pending application for
Probation may still be transferred immediately if he poses considerable risk to
the security of local jail or if the transfer is necessary to promote good order
and discipline in the jail or the transfer is beneficial to the insular prisoner.

8. For guidance and strict compliance.

DIONY D MAMARIL, CES (E)

Jail Chief Superintendent

Officer-in-Charge, BJMP
Republic of the Philippines
DEPARTMENT OF THE INTERIOR AND LOCAL GOVERNMENT
BUREAU OF JAIL MANAGEMENT AND PENOLOGY
Juco Building, 144 Mindanao Avenue, Project 8, Quezon City
Trunklines: (+ 632) 927-6383; 453-1196
Email Address: [email protected] Website: www.bjm.gov.ph

MEMORANDUM

TO : All Regional Directors

SUBJECT : Revised Policy on Visitation in BJMP-manned Jails

DATE : 02 March 2010

1. Reference:
a) Previous Memoranda on Jail Visitation.
b) BJMP Operations Manual (1996).
c) RA 7438 “Rights of Persons Arrested, Detained or Under Custodial
investigation”, promulgated on April 27, 1992.

2. To come up with a uniform rules on visitation our district, city and municipal jails,
this Revised Policy on Visitation in BJMP-manned jails is hereby visitation but to strengthen the
security of our jail facilities for the safety of both the visitors and the inmates.

3. Visiting days are from Tuesday to Sunday only. Monday is a non-visiting day and
is reserved as inmates’ wash day and for the maintenance and clean-up of the entire jail facility.

4. Visiting hours will be from 1:00 p.m. to 5:00 p.m. from Tuesday to Friday. No
visits shall be allowed in the morning to give way to IWD activities. During Saturday and Sunday,
visiting hours is from 8:00 a.m. to 12:00 noon and from 1:00 p.m. to 5:00 p.m. but no visitor shall
be allowed to visit in the afternoon if he/she has already visited in the morning.

5. Exempted from the provisions on the limitations on days and visiting hours are
lawyers or medical doctors especially when the inmate needs immediate medical attention.

6. Who may be allowed visits:

An inmate shall be allowed visits by or conferences with the following:

a) any member of his immediate family, which shall include his or her
spouse, fiancé or fiancée, parent or child, brother or sister, grandparent or grandchild,
uncle or aunt, nephew or niece guardian or ward, and friends, if it can be ascertained that
the association or friendship is a genuinely constructive one;

b) any medical doctor or priest or religious minister chosen by him or by

any member of his immediate family;

c) his counsel (lawyer);

d) any national non-governmental organization duly accredited by the Commission on

Human Rights or by any international non-governmental organization duly accredited by the
Office of the President; and

e) personnel from the Commission on Human Rights (CHR) upon presentation of a valid I.D.
and Mission Order from their Regional Director or the Commission proper, without the need for
a prior clearance from higher authorities.
7. Visitors for each inmate should be limited to five (5) persons while those for high-
risk inmates should be limited to two (2) persons only, at any given time. The visiting time for
high-risk inmates is from thirty (30) minutes to one (1) hour only, subject to the discretion of the
Jail Warden.

8. Upon admission, the inmate should provide a list of his/her authorized visitors
including the pertinent data for their identification.

9. A visitors Logbook where the visitors’ name, age, sex, address, name of the
inmate to be visited, their relationship, and time-in/time-out are indicated must be maintained.
There should be a separate logbook for visitors of inmates charged with drugs cases. Likewise, a
separate Visitors Logbook for high-risk inmates must also be maintained. From these logbooks, a
visitors’ database including the visitors’ I.D. pictures must be complied for future reference.

10. Visitors must present a valid I.D. card for their proper identification otherwise,
they should be denied entry.

11. In big jails where there are many visitors who fall in line, waiting for their turn to
be searched at the jail’s main gate, senior citizens or elderly visitors, including those who
accompany them, must be given priority in entering the jail facility.

12. Inmates to be visited must wear the prescribed yellow t-shirts printed with the
name of the jail and the words “DETAINEE” at the front and “BJMP” at the back.

13. All memoranda, directives or orders, or parts thereof, which are contrary or
inconsistent with this Memorandum are hereby repealed or modified accordingly.

14. For guidance, widest dissemination and strict compliance.

ROSENDO M DIAL, CESO III

Jail Director (DSC) Chief, BJMP
Republic of the Philippines
DEPARTMENT OF THE INTERIOR AND LOCAL GOVERNMENT
BUREAU OF JAIL MANAGEMENT AND PENOLOGY
Juco Building, 144 Mindanao Avenue, Project 8, Quezon City
Trunklines: (+ 632) 927-6383; 453-1196
Email Address: [email protected] Website: www.bjm.gov.ph

MEMORANDUM

TO : All Regional Directors

SUBJECT : Supplemental Guidelines to the Revised Policy on

Visitation in BJMP-manned Jails dated 02 March

2010

DATE : 30 May 2011

1. References:

a) Revised Policy on Visitation in BJMP-manned Jails dated 02 March

2010;
b) BJMP Manual (Revised 2007); and

c) Republic Act No. 7438 “An Act Defining Certain Rights of Person Arrested, Detained or
Under Custodial And Investigating Officers, and Providing Penalties for Violations
Thereof” dated April 27, 1992.

2. To have a more definite policy on jail visitation, the following supplemental guidelines
are issued:

a) In urgent cases, a physician, or religious minister or the inmate’s counsel or

members of his immediate family may be allowed visits for up to two (2) hours
in the morning from Monday to Friday upon certification in writing by the
visiting party that the visit is truly urgent;

b) Cases which may be considered urgent are when the inmate must be
immediately attended to such as during medical emergencies, where the
services of a lawyer is urgently needed, when an inmate needs to be visited or
cared for while sick, and under any other analogous circumstances;

c) During night time, an urgent visit may only be allowed if the security of the jail
facility would not be compromised by such visit. Said visit shall also not exceed
two (2) hours and a certification as to the urgency of the visit must be executed
by the concerned visitor;

d) A private nurse or Medical Doctor for an inmate with a special medical

condition as certified by a BJMP physician, requiring a continuing or round-the-
clock services may be allowed to stay inside the jail but only at the jail’s
Infirmary under close supervision of jail personnel. An inmate thus situated
shall be treated or cared for by the nurse or doctor at the jail’s infirmary only,
but immediately afterward, he must be returned to his cell;

e) Delivery of prepared foods by the inmate’s relatives during regular meal time is
allowed, subject to inspection and approval by jail officials. No personal or
private cook shall be allowed to prepare or cook food inside the jail facility; and

f) Inmates’ visitors shall at all times stay at the Visiting Area only. In no case shall
they be allowed to enter the jail’s cells.

3. All provisions of the Memorandum, re: Revised Policy on Visitation in BJMP-manned

Jails dated 02 March 2010 not affected by this guidelines shall remain effective.

4. For guidance and strict compliance.

DORIS REMEDIOUS-DORIGO, CESO V

Jail Chief Superintendent DSC

OIC, BJMP

Republic of the Philippines

DEPARTMENT OF THE INTERIOR AND LOCAL GOVERNMENT BUREAU OF JAIL
MANAGEMENT AND PENOLOGY
144 Mindanao Avenue, Project 8, Quezon City

MEMORANDUM

CIRCULAR NO. 2006-02

TO : All Regional Directors

SUBJECT : BJMP Incident Management System (IMS)

DATE : 28 May 2006

===================================================

I. RFERENCES:

1. BJMP Manual;
2. Presidential Decree No. 1566: Strengthening of the Philippine Disaster Control
Capabilities and the establishment of the national program on community disaster
preparedness;
3. Eight United Nations Congress on the Prevention of Crime and Treatment of
Offenders, Havana, Cuba, 27 August to 7 September 1990

II. Concept:

This is a comprehensive policy which prescribes the minimum standard that must be met for
managing critical incidents. This provides the necessary structure, as well as determines the
chain-of-command for an organized response to a critical incident.

III. PURPOSES:

This Policy aims to:

1. Establish a command system that will allow incident commander to effectively apply
standard management principles of planning, organizing, delegating, coordinating,
staffing and evaluate the control of crisis situations.
2. Ensure appropriate response to any critical incidents by instituting a pre-planned set
of actions that will be taken as necessary in response to a crisis situation.

IV. SCOPE:
The provision of this policy shall take effect nationwide

IV. CONCEPT OF OPERATION:

A. Incident Command Post

1. The primary function of the Incident Command Post is the management of the critical
incident.
2. The Incident Commander shall activate the contingency plan, which includes actions as
documented on the checklist(s) for specific incidents. All necessary checklists are located
in the attached appendices.

B. Incident Commander Responsibilities

1. The Incident Commander shall respond according to five (5) level of responses:

Level A - Initial Response

a.1 designate an employee to oversee the deployment of the inner

perimeter. The inner perimeter leader shall be the team “A” leader. The inner
perimeter shall monitor the perimeter of the incident to the extent possible to
keep the incident contained and provide the incident commander with
information; and

a.2 designate an employee to oversee the deployment of the outer

perimeter. The outer perimeter leader shall be the team “B” leader and shall
deploy the group outside the inner perimeter to limit access of the unauthorized
staff and inmates in order to create a buffer zone between the affected area and
rest of the facility. The outer perimeter may assist in the evacuation of staff and
uninvolved inmates or the detaining of involved inmates.

a.3 the size of the teams shall be determined by the incident commander
during the development of the contingency Plans.

Level B - Activation of the Quick Response Team (QRT)

The Incident Commander has the authority and discretion to respond

appropriately to a critical incident this includes decisions to authorize weapons
into the facility, initiate mutual aid call-up, and the use of force, including the
use of lethal force to control a disturbance and/ or a hostage situation. After an
evaluation of the critical incident, the Incident Commander may activate the
Quick Response Team (QRT).

Level C - Request Augmentation from the adjacent jail’s QRT

Whenever necessary, contact and request augmentation from Neighboring jail
Quick Response Team (QRT) shall be made.

Level D - Activation of the BJMP STAR Team

The Incident Commander has the authority to activate the Regional Office
Special Tactics and Response Team (STAR Team). Contact should be made to
the Regional Office Operation Section for activation of STAR team.

Level E - Request Augmentation from other Law Enforcement Agencies.

When the BJMP has exhausted all its effort and resources, request for
augmentation from the other Law Enforcement Agencies must be made.
Responding Law Enforcement Agencies shall respond according to its duties
and responsibilities provided in the inter-agency agreement during crisis
situation.

Law Enforcement Agencies shall be furnished with an update copy of the

jail Contingency Plans subject to the approval of the Regional Office.

2. The Incident Commander shall designate an employee to assume specific duties during a
critical incident. If necessary, the following staff assignment are members of the Command Staff:

a. the liaison Officer serves as the point of contact for other agencies;

b. the Jail manager is responsible for directing the operations of the non-affected areas
of the jail;

c. the Safety Officer’s Function is to develop and recommend measures for assuring
personnel safety, and to assess and/or anticipate hazardous and unsafe situations;

d. the recorder will develop and maintain an accurate and complete written record of
the actions and activities of the incident Commander;

e. the Public Information Officer (PIO) shall be responsible for entertaining the media
personalities and shall release information only upon the approval of the Incident
Commander.

3. The Incident Commander may designate an employee to assume the duties of the General
Staff, if necessary; the following staff assignments are members of the General Staff:

a. the Operations Section Chief is responsible for development and management of the
Operation Section. He/She ensures the implementation of the incident Action plan.
b. the Planning Section Chief is responsible for development and management of the
Planning section. He/she is responsible for the development of the incident Action
Plan.
c. the Logistics Section Chief is responsible for development and management of the
Logistics section; and
d. the Finance/ Administration Section Chief is responsible for development and
management of the finance/ administration section.

4. In addition, the Incident Commander shall:

a. manage the critical incident and determine the immediate priorities;

b. establish the incident objectives and approve the incident action plan;
c. activate and collapse the Command Staff and General Staff to meet the needs of the
incident. (General Staff section Chiefs’, in turn, has the authority to expand and
collapse internally to meet the needs of the situation;
d. be responsible for any position and responsibilities not activated in the
Command Staff and General Staff section;

e. authorize all media release;

f. release resources and approve requests for additional resources;
g. ensure safety measures are in place; and
h. order demobilization.

C. Chain of Command

1. The Highest-ranking jail officer present at the facility at the time of an incident shall be
the Incident Commander.

2. The Chain of Command in a critical incident at a jail facility shall be:

a. Jail Warden
b. Deputy Jail Warden
c. Duty OD

3. When necessary, the Regional Office may designate a trained incident Commander to
ensure effective control over the crisis situation.

4. A transfer of command shall not occur until a thorough briefing has been done and all
operation areas of the facility are notified of the transfer.
D. Notifications

1. After the confirmation of a critical incident, the Incident Commander shall ensure that
the Regional Office is notified immediately.

2. The appropriate friendly forces shall also be notified. Depending on the circumstances,
this may include:

a. PNP;
b. BFP;
c. Neighboring communities via the Communication Alert Network (CAN).

E. The National Headquarters Office Responsibilities

The National Headquarters Office shall monitor all critical incidents and may, if
appropriate and necessary, provide direction, assistance and resource management to the
jail experiencing a critical incident.

F. The Regional Office Responsibilities

The Regional Office shall:

a. provide notification and periodic updates to the BJMP National Headquarters Office.
b. notify and/or activate the Regional Special tactics and Response (STAR)
Team, when necessary;

c. maintain communication with the affected family;

d. maintain and continuously log of information;
e. coordinate the release of information to the media at the National Headquarters Office level
through the Office of the Chief BJMP.
f. assess the need for staff and other logistical support from unaffected neighboring jails;
g. ensure any necessary staff recalls are conducted;
h. develop/implement work and relief schedules for Regional Office staff involved in assisting with
critical incident;
i. if necessary, deploy management staff from adjacent jails to provide relief to the Incident
Commander and other specialized function personnel of the jail;
j. assign personnel from Regional Office and/or unaffected jail to assist in managing the
demobilization of the affected jail;
k. provide legal advice through the Regional Office Chief Legal Service;
l. provide additional logistical Support, when necessary, monitor deployment of resources and
personnel and monitor associated costs;
m. review and approve demobilization plans; and
n. ensure critical Incident stress debriefings for involved staff are schedule/conducted
immediately after the resolution of the incident.

V. Specialized Teams

1. Special Tactics and Response (STAR) Team

a. Each BJMP Regional Office shall organize and maintain in at least one (1) 20-man
STAR team, consisting of a weapons unit and a negotiations unit.
b. STAR-Weapons Unit shall be composed of 15 staff and a weapons unit commander.
c. STAR-Negotiations unit shall be composed of primary negotiator, secondary
negotiator, intelligence negotiator and the negotiation unit commander.
d. The STAR team shall be equipped with the necessary gears and trainings for any
critical incidents.
e. Within the scope of the Incident Management System, STAR team members shall be
designated as part of the D Level response.

2. Quick Response Team (QRT)

a. Each jail shall establish a full-strength QRT with ten members, consisting of a
Weapons Unit and Negotiations Unit.
b. Weapons Unit shall be composed of 6 staff and weapons unit commander.
c. Negotiations Unit shall be composed of primary negotiator, secondary/intelligence
negotiator and the negotiations unit commander.
d. The Warden shall ensure that all QRT members have complete QRT training prior
to assignment and are qualified with all team weapons.
e. QRT members shall be re-qualified on all team weaponry annually.
f. Staff assigned to QRT must be drawn from on duty-personnel. Consistent with
desired response time and available staff, the warden may designate adjacent jails
QRT teams support each other, but only where such designation is done
consistently to avoid any confusion as to assignment and response requirements.
g. At a minimum, the QRT commanders shall be familiarized with the physical
environment of the adjacent jails to which the team may provide support.
h. A QRT who deploys from one jail to re-enforce an adjacent jail’s QRT, shall draw
their own weapons, ammunitions and equipment prior to departing for the jail they
are supporting. Positive controls shall be in place to ensure accountability of these
items while re-enforcing the other jails.
i. The QRT shall arm themselves with only the authorized weapons, munitions and
necessary equipment.
j. QRT members shall be designated as part of the B Level response at the beginning
of each appropriate shift. QRT members from unaffected jail may provide
augmentation to other jails as part of the C Level response.
k. QRT members initially deployed as part of a spontaneous A Level response should
be relieved as soon as practical anticipation of a B Level commitment.
l. The QRT-weapons unit commander shall be designated as QRTarmorer who shall
ensure accountability of all weapons and equipment and be familiar with accessing
the armory(s) and all areas where security and Critical Incident Management
equipment is stored.
m. Jails that do not have enough personnel to compose a 10-man QRT may create a 5-
man QRT consisting of 3-man weapon unit, 1 negotiator and a QRT commander.

VI. Development of Contingency Plans

1. The Regional Office shall:

a. act as a resource/advisor to jail contingency plans. Conduct meetings as necessary to ensure

the dissemination of current information;
b. conduct one (1) major exercise and two (2) drills annually (at a minimum);
c. monitor, coordinate and evaluate jail facility exercise and drills; and
d. conduct unannounced drills at jail facilities.

2. Each Jail shall

a. develop and maintain critical incident management plans and must be updated as necessary
in accordance with the policy;
b. develop a notification and call-up system;
c. develop exercise and drill scenarios;
d. ensure the Facility Incident Command Post is properly equipped and all critical incident plans
stored there are accounted for and/or updated;
e. maintain the checklist and post orders which outline procedures of the various support
functions. Additional post orders may be developed to assist staff as necessary.
f. include mobile phones and telephone numbers in the Command notifications section;
g. predetermine sites for parking vehicles and mustering support staff.
h. predetermine an area (outside the facility perimeter) large enough to accommodate the
Special Teams, as well as staging of the emergency support service area (i.e., inmate family
service, staff family service area, media relations, etc…).

3. Each jail must follow a single tactical approach, which is applicable to all or most critical
incident situations. The 5-steps tactical plan must be integrated as part of the jail
contingency plans. The 5-step tactical plan

phases are reporting, containment, mobilization, response, and recovery.

3.1 Reporting

a. An employee who encounters a critical incident situation shall report incident to

the warden or in his absence, to the next higher ranking officer present in the
facility prior to attempting to respond to the situation. The reporting employee
shall include the following information, if possible:

1. his/her name and location;

2. location of the incident;
3. nature of the incident;
4. number of inmates/ staff involved;
5. weapons involved; and 6. any other necessary information.

b. If the report is received from an identifiable staff member and sufficiently

detailed, the facility critical incident plan can be immediately implemented. If
however, verification is needed, the following can be done:

1. contact staff in close proximity to the area; or

2. the Warden/Incident Commander can dispatch immediately Response Team
A to scout or probe the area. The Warden/Incident Commander shall not
personally verify.

c. Staff shall use extreme caution when entering a potentially dangerous

area/situation to guard against an inmate setup; backup staff shall always
accompany the response team.
d. Once the critical incident is verified, the Incident Commander shall mobilize the
critical incident plan, initiate a log, announce command, and restrict
communication.

3.2 Containment

a. Once verified, isolation and containment of the critical incident are essential in
reducing the possibility of involvement of other areas or additional inmates.
b. The Incident Commander shall activate the Immediate Response Teams (teams A,
B, etc…). When an incident is reported and assistance is needed, these teams will
be the initial response teams.
c. Every inmate shall be secured in his/her cell/housing unit. Those not in a housing
unit shall be placed in the nearest area providing adequate security. All internal
security posts shall be double-manned to the extent possible.
d. A headcount of staff, visitors, volunteers and inmates shall be initiated.
3.3 Mobilization

a. Notifications shall be made to Jail Administrative Staff, Regional Office, National

Headquarters Office, initiate staff callbacks and possible support agencies.
b. Activate notifications of special teams and recall jail personnel, as applicable.
c. Contingency plan shall be activated to deal with the critical incident.
d. Staff shall not fail to evacuate an inmate from a life threatening condition.
e. In a hostage situation or other kind of inmate disturbance, evacuation of the area with
the outer perimeter shall begin as soon as possible.However,caution must be taken
not to unjustifiably compromise the containment security during this process.

(1) Every inmate and non-involved staff be moved behind the lines of the outer
perimeter.
(2) Every individual in danger shall be evacuated:

(a) First priority shall be given to any individual inside the inner perimeter;
(b) Second, every individual in exposed areas to threats of any sort shall be
evacuated; then
(c) Individual(s) in more exposed areas but within the outer perimeter shall be
evacuated.

(3) An evacuee shall be held at a designated location for identification and

debriefing purposes. The intelligence Officer/designee shall debrief every
evacuee. An inmate evacuee shall be considered as a suspect until proven
otherwise.
f. Man-Made (Outside Assaults, fire, etc…) or natural Disasters (Earthquake,
Floods, etc…) may require the total or partial evacuation of a facility. To address
the needs,the Jail Operation Section shall develop evacuation Plans to address
on-site gradual, off-site immediate and off-site gradual evacuation plans.
Evacuation plans shall identify predetermined travel routes to off-site locations,
which shall be approved by the Regional Office Operations section. Should the
evacuation site not be the property of the bureau, written agreements shall be
secured, included in the facility critical incident plans and be updated annually.
g. Defend in place tactics shall be employed in those critical incidents when an
imminent danger exists and evacuation is not possible or logistical support
cannot arrive in time to safely transport staff and inmates to a safer
environment. The Jail Operation section shall inspect the facility and identify
those areas suited to safely house inmates and protect staff.

3.4 Response

a. Response to every critical incident involves two different tactics and

strategies. However, during all critical incidents, staff actions shall be
directed from the Incident Command Post.
b. Special Critical Incidents Checklist, which may contains possible response
options for each specific type of critical incident, are attached in appendices.
c. The primary goal of the response step is to:

(1) Respond to violent or potentially violent critical incidents with minimal

necessary force;
(2) Continue to isolate and contain the incident operations;
(3) Establish control and restore order as quickly as possible;
(4) Prevent escapes during critical incident operations;
(5) Maintain the personal safety of staff, innocent bystanders
(visitors, volunteers, the public, inmates, etc…), inmates who may be
involved in or creating the critical incident; and

(6) Minimize the impact of the critical incident on the rest of the facility and
the surrounding community.

3.5 Recovery

Once the critical incident is contained, a demobilization plan shall be drafted

and forwarded to the Regional Office for review/approval. The regional office
shall determine whether a sufficient number of management staff is present to
properly manage the demobilization process. The plan shall be activated when
it has been approved by the regional Director. The plan shall include, but not
be limited to:
a. monitor staff and inmate interaction by specific management personnel, including:

(1) Account for all staff, visitors and inmates, keys, tools, equipment;
(2) Restrain inmates;
(3) Search inmates, all areas, inmate property, preserve areas of crime scene for
and the collection and preservation of evidence;
(4) Escort inmates to a secure area;
(5) Separate inmates-involved versus non-involved;
(6) Place inmates in a secure areas with the security measures in place;
(7) Transport involved inmates to other facilities; and
(8) Request PNP-SOCO assistance in the conduct of a crime scene investigation.

b. evaluate the medical condition of staff and inmates;

c. inspect the physical plant, primarily security barriers, locking device and safety
issues;
d. debrief/defuse involved staff, reports, videotapes collected prior to being
relieved from critical incident;
e. interview/interrogate the inmates based on his/her known level of
involvement;
f. monitor the critical incident stress management plan for staff, ensure mental
health practitioners are available and provided an assessment of involved staff;
g. record and videotape the demobilization process. Once the demobilization
phase is over, collect and submit all applicable documentation to the Regional
Office;
h. develop a step-down plan to assist with the returning of the facility to normal
conditions;
i. ensure the accountability of those inmates transported to local hospitals for
treatment and those transferred to other facilities; and
j. demobilize the Incident Command Post.

VII. Frequency of training for the various Emergency Responders

A. All personnel involved in Incident Management System (IMS) training are required to
conduct “A” and “B” Level response monthly on all shifts.
B. Quick Response Team (QRT) members are required to respond on a monthly basis on each
shift.
C. “C” Level response must be rehearsed on a quarterly basis
D. All STAR team members are required to practice eight (8) hours each month in addition
to their regular work schedule.
E. A “D” Level response is to be practiced on a semi-annual basis, or twice per year.
F. Lastly, an “E” Level response is to be practiced on an annual basis, involving multiple
agencies.

VIII. REPEALING CLAUSE:

All circulars which are inconsistent with this directive are hereby rescinded or
modified accordingly.

IX. EFFECTIVELY:

This policy shall take effect upon approval.

Approved and signed this 28th day of June 2006 in Quezon City, Philippines.

ANTONIO CABIL CRUZ, Ed.D.

Chief Superintendent (DSC)

Officer-in-charge, BJMP

Critical Incident Check List

Inmate Disturbances (IMS Appendix A)

The Commander’s actions are not restricted or limited by the contents of this checklist. The situation
will determine the priority of actions taken.
ACTION TO BE TAKEN
REPORT:
1. Verify the facts
A. Location of the incident
B. Nature of incident
C. Indentify staff involvement
D. Identify inmate involvement
E. Identify any injuries
2. Assess the situation to determine if the IMS should be activated.
3. Assess the situation to determine if the CAN (Community Alert
Network) should be activated
4. Sound alarm
5. Announcement of Command
6. Restriction of Communication
7. Establish a log of the events
8. Lock down the facility
9. Conduct emergency count
10. Command notifications (Regional Office)
11. Medical department
12. Notify on duty staff of situation
13. Recall QRT
CONTAIN:
14. Secure entrance and exits
15. Ensure inner perimeter is in place _____, assign a leader ____,
adequately staffed and equipped ____, and communications
established ____.
16. Ensure Outer Perimeter is in place ____, assign a leader ____.
Adequately staffed and equipped ___, and Communications
Established ___.
17. Activate Command Center
18. Account for Staff, visitors and inmates
MOBILIZE:
19. Assign appropriate Command staffs and General Staffs
20. Gather information and evaluate situations
21. Notify local agencies as deemed necessary by the Incident
Commander. External Notifications (Emergency Support)
22. Develop plan to regain control
23. Recall necessary staff
24. assemble equipment, vehicles and weapons
25. Conduct facility operations assessments
Critical Incident Check List

Inmate Disturbances (IMS Appendix A)

The Commander’s actions are not restricted or limited by the contents of this checklist. The
situation will determine the priority of actions taken.

RESPOND:
26. Deploy staff to affected area
27. Ensure following for area evacuation
A. Inner Perimeter
1. Route(s) of evacuation
2. Safety
3. Secure holding area(s)
4. Number of evacuees at a time
B. Outer Perimeter
1. Routes(s) of evacuation
2. Safety
3. Secure holding area(s)
4. Number of evacuees at a time
5. Staff for escort/containment/book up
28. Issue order for inmate to evacuate area specified routes and
numbers.
29. Debrief evacuees
30. Re-evaluate situation
A. Is Assault necessary
B. Determine degree of force necessary to resolve
C. Ensure sufficient man power and equipment are present
31. Initiate resolutions actions
A. Order involved inmates to disperse (Interrogate and debrief)
B. If order is ignored, assaults on Commander’s orders
C. Ensure documentation of when use of force commenced and
ended
D. Refer to mass casualties checklist
32. Contact Emergency Family Notifications (Staff)
RECOVER:
33. Announce to all Command Notifications of resolutions actions
34. Conduct medical review
35. Account for all staff, visitors and inmates
36. Secure scene/area for investigation
37. Preserve all evidence
38. Conduct damage assessment
39. Repair/replace property
40. Debrief staff and others involved
41. Conduct Operation Greyhound
42. return to update operations plan
43. Complete all documentation and reports
44. Deactivate Command Posts

Critical Incident Check List Hostage

Situation (IMS Appendix B)

The Commanders Actions are not restricted or limited by the contents of this Checklist
The situation will determine the priority of actions taken.

ACTION TO BE TAKEN
REPORT:
1. Verify the facts
A. Location of the incident
B. Nature of incident
C. Indentify staff involvement
D. Identify inmate involvement
E. Identify weapons involved
F. Establish/identify initial negotiator
2. Assess the situation to determine if the IMS should be activated.
3. Assess the situation to determine if the CAN (Community Alert
Network) should be activated
4. Sound alarm
5. Announcement of Command
6. Restriction of Communication
7. Establish a log of the events
8. Lock down the facility
9. Conduct emergency count
10. Command notifications (Regional Office)
11. Medical department
12. Notify on duty staff of situation
13. Recall QRT
CONTAIN:
14. Secure entrance and exits and utilities
15. Ensure inner perimeter is in place _____, assign a leader ____,
adequately staffed and equipped ____, and communications
established ____.
16. Ensure Outer Perimeter is in place ____, assign a leader ____.
Adequately staffed and equipped ___, and Communications
Established ___.
17. Activate Command Center assign command and general staff as
required
18. Account for Staff, visitors and inmates
MOBILIZE:
19. Gather information and evaluate situations
20. Notify local agencies as deemed necessary by the Incident
Commander. External Notifications (Emergency Support)
21. Identify primary negotiator (QRT-Negotiators unit)
22. Identify negotiation site
23. Relocate all non-involved staff, visitors and inmates
24. Evacuate location/facility

Critical Incident Check List Hostage Situation (IMS Appendix B)

The Commanders Actions are not restricted or limited by the contents of this Checklist.
The situation will determine the priority of actions taken.

25. Develop response Options

26. identify needed resources
A. Equipment
B. Supplies
C. Medical services
D. Local support agencies
E. Recall staff as needed
27. Conduct facility operations assessment
RESPOND:
28. Deploy staff to affected area
29. Ensure following for area evacuation
A. Inner Perimeter
1. Route(s) of evacuation
2. Safety
3. Secure holding area(s)
5. Number of evacuees at a time
B. Outer Perimeter
1. Routes(s) of evacuation
2. Safety
3. Secure holding area(s)
4. Number of evacuees at a time
5. Staff for escort/containment/book up
30. Issue order for inmate to evacuate area specified routes and
numbers.
31. Debrief evacuees, initial negotiator and other for direct
information
32. Re-evaluate situation
A. Is Assault necessary
B. Determine degree of force necessary to resolve
C. Ensure sufficient man power and equipment are present
33. initiate resolutions actions
A. Order involved inmates to disperse (Interrogate and debrief)
B. If order is ignored, assaults on Commander’s orders
C. Ensure documentation of when use of force commenced and
ended
D. Refer to mass casualties checklist (if necessary)
34. Contact Emergency Family Notifications (Staff)
RECOVER:
35. Announce to all Command Notifications of resolutions actions
36. Conduct medical review of participants
37. Account for all staff, visitors and inmates
38. Assess the need to relocate participants

Critical Incident Check List Hostage Situation (IMS Appendix B)

The Commanders Actions are not restricted or limited by the contents of this Checklist The
situation will determine the priority of actions taken.

39. Secure scene/area for investigation

40. Preserve all evidence
41. Investigate and debrief staff and others involved
42. Conduct Operation Greyhound
43. Conduct damage assessment
44. Repair/replace property
45. return to update operations plan
46. Complete all documentation and reports
47. Deactivate Command Post Volume 1 Section 10
Hostage Situation (IMS Appendix B-1)

STANDARD OPERATING PROCEDURE

1. Wardens and ultimate decision makers will not be negotiators.

2. A public information officer will be used to interact directly with the media after
consultation with the incident commander.
3. General procedure will be contain and isolate the subject, evaluate the situation and
negotiate as long as practical to assure a safe outcome for all concerned.
4. Barricade subjects will be negotiated and handled as crisis victims to the fullest
possible extent.
5. Only properly trained personnel will be used as negotiators.
6. Officers who may be taken hostage will be treated in the same manner as all other
hostages regarding negotiations, surrender and debriefing.
7. Negotiations will be instituted at the point that it is clear that a hostage situation is
in progress, and will continue until the incident is resolved. Deaths surrounding the
incidents occurring prior to the begging of negotiations will generally not be
sufficient indication for tactical intervention; generally, deaths occurring after the
advent of negotiations will provide sufficient indication for tactical intervention.
Such decision is not made by the hostage negotiation team or tactical commander
but by the incident commander.
8. The negotiations unit will be activated t the same time as the weapons unit is
activated unless deemed inappropriate, or unless it is deemed appropriate to
activate only the negotiations unit. Notifications procedures for the hostage
negotiations unit will be the same as the notification procedure for the weapons
unit.
9. Face-to-face negotiations will not be considered in the most instances unless
deemed tactically necessary by the negotiations unit commander with concurrence
of the weapon commander and incident commander.
10. All surrenders will be coordinated between the negotiations unit and the weapons
unit.
11. The negotiations unit will debrief all situations, regardless of outcome, either
immediate after resolutions of the incident or at a time and date designated by the
negotiations unit commander.
12. All hostages released during or after the hostage incident will be debriefed
immediately by the members of the negotiations unit for the purpose of (1)
attending to their emotional needs, and (2) gathering additional intelligence.
13. The following are generally negotiable items:

- Food
- Beverages
- Media coverage
- Help related to hostages taker’s problem

14. The following are generally considered nonnegotiable items:

- Weapons
- Exchange of hostages for other hostages
- Exchange of jail officers for hostages
- Drugs
- Transportation
- Freedom
- Currency
- Choice of negotiators

15. Discontinuation of all utilities, including telephone, used by the hostage taker will be
considered only after all members of weapons unit are in position and the
negotiations unit has become operational. This provides for possibility of
uninterrupted contact with the hostage taker by use of a secured line In the case of
the telephone, and for additional items to be negotiated in the case of the utilities
16. Emergency medical services, fire services, and all related emergency services will be
contacted in accordance with the general orders.
17. Anything given to the hostage taker usually will be given only in return for something
of value given by him or her. Such give and take is necessary for the continuation of
success negotiation. Exception can be made at the discretion of the hostage
negotiation unit commander with concurrence of the incident commander. Non
hostage crisis situation will not fall under this rule.
18. Access will be restricted during hostage incident both the command post and to the
hostage negotiation center. Guards will be posted, as necessary, to ensure
compliance.
19. Tactical use of the negotiator will be considered and accomplished as necessary for
the satisfactory resolution of the incident.
20. Rank or titles of the negotiators will not be used during negotiations.
21. Time will be regarded and used to the advantage of the negotiator
22. Once it has been established, by whatever means that the hostages are safe only
minimal attention will be given to them until their release.
23. Generally, members of the negotiation unit will not encourage hostages to attempt
escape.
24. Incident logs will be maintained on all situations.
25. Selection of the primary and secondary negotiator in a particular incident will be
accomplished by the negotiations unit commander after considering all of the
attendant factors:

- Who is on the scene

- Who is likely to arrive on the scene
- Who is available
- Who made initial contact
- Who would be most effective under this particular circumstance
- The desire of the incident commander when considered with all other
factors
- Time
Critical Incident Check List

Escapes (IMS Appendix C)

The Commander’s actions are not restricted or limited by the content of this Checklist. The
situation will determine the priority of actions taken.

ACTION TO BE TAKEN
REPORT:
1. Verify the facts
a. Location of the incident
b. Nature of incident
c. Indentify staff involvement
d. Identify inmate involvement
e. Identify weapons involved
f. Identify any injuries
2. Assess the situation to determine if the ICS should be activated.
3. Assess the situation to determine if the CAN (Community Alert
Network) should be activated
4. Sound alarm
5. Announcement of Command
6. Restriction of Communication
7. Establish a log of the events
8. Lock down the facility
9. Conduct emergency count
10. Command notifications (Regional Office)
11. Medical department
12. Notify on duty staff of situation
13. Provide description of inmate(s) to agencies requiring information
(Escape packets) to include:
A. Full name
B. Race
C. DOB
D. Height/ Weight
E. Color Eyes/ Hair
F. Tattoos/ Scars
G. Type of dress
H. Crime/ Sentence
14. Recall QRT
15. Notify Office of Victims Service
CONTAIN:
16. Secure entrance and exits
17. Post armed staff at any sites where damage exists to a security
feature (fence, wall, tunnel, sally port, etc…)
18. Initiate pursuit

Critical Incident Check List

Escapes (IMS Appendix C)

The Commander’s actions are not restricted or limited by the content of this Checklist.
The situation will determine the priority of actions taken.

19. Activate Command Center assign command and general stuff as

required
20. Account for Staff, visitors and inmates
MOBILIZE:
21. Notify local agencies as deemed necessary by the Incident
Commander. External Notifications (Emergency Support)
22. Assemble equipment, vehicles and weapons
23. Collect property, records and files to escapee(s)
24. Identify needed resources
A. Equipment
B. Supplies
C. Medical services
D. Local agencies support
E. Recall staff as needed
25. Conduct Facility operation assessment
RESPOND:
26. Deploy staff to affected area escape posts
27. Continue pursuit of escapee(s)
28. Distribute escape packets
29. Initiate repair of damages security features
30. Initiate facility operations plan
31. Develop intelligence resources
32. Apprehend escapee(s)
RECOVER:
33. Announce to all Command Notifications of apprehension
34. Conduct medical review of participants
35. Account for all staff, visitors and inmates
36. Assess the need to relocate participants
37. Secure scene/area for investigation
38. Preserve all evidence
39. Investigate and debrief staff and others involved
40. Conduct Operation Greyhound
41. Conduct damage assessment
42. Repair/replace property
43. Return to update operations plan
44. Complete all documentation and reports
45. Deactivate Command Post

Critical incident Check List Fire (IMS Appendix D)

The Commander’s actions are not restricted or limited by the contents of this checklist. The
situation will determine the priority of actions taken.

ACTION TO BE TAKEN
REPORT:
1. Verify the facts
A. Location of the incident/ area(s) affected
B. Nature of incident
C. Identify any injuries
D. Damage to facility
E. Identify staff involved
F. Identify inmates involved
2. Assess the situation to determine if the IMS should be activated.
3. Assess the situation to determine if the CAN (Community Alert
Network) should be activated
4. Call 117 or local emergency numbers
5. Announcement of Command
6. Restriction of Communication
7. Establish a log of the events
8. Lock down unaffected areas of the facility
9. Conduct emergency count
10. Command notifications (Regional Office)
11. Medical department
12. Notify on duty staff of situation
CONTAIN:
13. Secure entrance and exits
14. Ensure inner perimeter is in place _____, assign a leader ____,
adequately staffed and equipped ____, and communications
established ____.
15. Ensure Outer Perimeter is in place ____, assign a leader ____.
Adequately staffed and equipped ___, and Communications
Established ___.
16. Initiate fire team to attempt to extinguish the fire
17. Post armed staff at any site where damage exists to a security
feature (fence, wall, tunnel, sally, port, etc…)
18. Activate Command Center assign command and general staff as
required
19. Account for staff, visitors and inmates
MOBILIZE:
20. Notify local agencies as deemed necessary by the Incident
Commander. External Notifications (Emergency Support)
21. Assemble equipment, vehicles and weapons
22. Post additional staff at Sally Port for Support Agency escort purposes
23. Identify needed resources

Critical incident Check List

Fire (IMS Appendix D)

The Commander’s actions are not restricted or limited by the contents of this checklist. The
situation will determine the priority of actions taken.

A. Equipment
B. Supplies
C. Medical Services
D. Local Support Agencies
E. Recall staff as needed
24. Conduct facility operation assessment
RESPOND:
25. Initiate a response plan
26. Initiate a facility operations plan
27. Provide medical assistance
28. Initiate repair of damaged security features
29. Evaluate off site evacuation needs and evacuated, if necessary.
30. Develop intelligence resources
31. Apprehend escapee(s), if any.
RECOVER:
32. Announce to all command notifications of resolution plan
33. Conduct medical review of all staff and inmates involved
34. Account for all staff, visitors and inmates involved
35. Assess the need to relocate evacuees if needed
36. Secure scene/area for investigation
37. Preserve all evidence
38. Investigate and debrief staff and others involved
39. Conduct Operation Greyhound
40. Conduct damage assessment
41. Repair/replace property
42. Develop and implement updated operations plan
43. Complete all documentation and reports
44. Deactivate Command Posts
Critical incident Check List

Natural Disaster (IMS Appendix E)

The Commander’s actions are not restricted or limited by the contents of this checklist. The
situation will determine the priority of actions taken.

ACTION TO BE TAKEN
REPORT:
1. Verify the facts
A. Type and status of natural disaster
B. Indentify potential impact on facility
C. Identify potential impact on staff and inmate population
D. Assign staff to monitor weather radio updates
2. Assess the situation to determine if the IMS should be activated.
3. Assess the situation to determine if the CAN (Community Alert
Network) should be activated
4. Commander will take appropriate action based on the evaluation of
the situation reports from the National Weather Service.
5. Announcement of Command
6. Restriction of Communication
7. Establish a log of the events
8. Lock down the facility
9. Recall all outside and escorted leaves and conduct emergency count
10. Command notifications (Regional Office)
11. Medical department
12. Notify on duty staff of situation
13. Recall QRT
CONTAIN:
14. Secure entrance and exits
15. Initiate initial Response Team A
16. Activate Command Center
17. Account for staff, visitors and inmates
MOBILIZE:
18. Assign appropriate IMS function
19. Gather information and evaluate situations
20. Notify local agencies as deemed necessary by the Incident
Commander. External Notifications (Emergency Support)
21. Develop plan to defend in place
22. Recall necessary staff
23. Assemble equipment, vehicles and supplies
24. Conduct facility operations assessments
RESPOND:
25. Deploy staff where necessary
26. Prepare for possible area evacuation

Critical incident Check List

Natural Disaster (IMS Appendix E)

The Commander’s actions are not restricted or limited by the contents of this checklist. The
situation will determine the priority of actions taken.

27. Move all staff and inmates away from windows and take cover
28. Secure all lose objects (wherever possible)
29. Cover all windows (time permitting)
30. Ensure maintenance staff is on site to:
A. Stand by emergency generators
B. Move vehicles under shelter
C. Secure power and water as needed
RECOVER:
33. Announce to all Command Notifications of resolutions actions
34. Conduct medical assessment
35. Account for all staff, visitors and inmates
36. Conduct damage assessment
37. Conduct Operation Greyhound
38. Repair/replace property
39. Return to update operations plan
40. Complete all documentation and reports
41. Deactivate Command Posts
Critical incident Check List

Epidemic (IMS Appendix G)

The Commander’s actions are not restricted or limited by the contents of this checklist.
The situation will determine the priority of actions taken.

ACTION TO BE TAKEN
REPORT:
1. Verify the facts
A. Location of the incident
B. Nature of incident
C. Indentify staff involvement
D. Identify inmate(s) involvement
E. Identify weapons involved
F. Identify any injuries
2. Verify that an epidemic has been declared by the Department of
Health.
3. Assess the situation to determine if the IMS should be activated.
4. Assess the situation to determine if the CAN (Community Alert
Network) should be activated
5. Announcement of Command/ Location
6. Restriction of non-emergency Communication
7. Establish a log and tape recording of the events is initiated and
continued
8. Lock down the facility
9. Conduct emergency count
10. Notify on duty staff of situation
11. Conduct emergency mobilization including
Command Notification (Central office/ Duty Officer)
Command Notification facility (to level of lieutenant)
Staff Call-backs
External agencies
QRT
Specialized Functions
Medical Department
CONTAIN:
12. Conduct an assessment of the situation with BJMP Health Service
Nature of epidemics:

Health Hazards:

Recommended emergency actions:

First aid recommendations:
possible
13. Isolation of infected inmates
Location based on number infected
14. Protective clothing and equipment needed

Critical incident Check List

Epidemic (IMS Appendix G)

The Commander’s actions are not restricted or limited by the contents of this checklist. The
situation will determine the priority of actions taken.

15. Clearing count

16. Account for staff
17. Account for visitors
MOBILIZE:
18. Assign appropriate IMS function
19. Arrange gate clearance for arriving Department of Health Officials
20. Ensure all staff involved with epidemics receives training on
precautionary measures to follow, protective clothing to wear and
equipment to use.
21. Ensure unaffected infirmary inmates who require constant medical
care are house in an alternate area that is not infected
22. Assign officers to isolation unit appropriate to number of inmates
housed there. arrange transfer of infected inmates from their cells to
the jail infirmary (No inmate may refuse move)
RESPOND:
23. If necessary, assist Medical Department in establishing a temporary
satellite treatment area. (Ensure secure area is available for staff and
supplies).
24. Ensure food service Department provides disposable food containers
to affected inmates.
25. Ensure laundry from affected area is placed in identifiable isolation
bags and processed properly
26. In conjunction with medical department ensure all medical waste is
disposed of properly
27. Ensure proper disinfections procedure are followed in isolation
areas, Medical will provide instruction
28. Discharge from the isolation unit will be by Doctor’s order only
29. Provide frequent information updates to staff and inmates through
public information Officer
RECOVER:
30. After epidemic is declared over by the Medical Department and
confirmed by the Department of Health, Return to update operation
plans
31. Complete all documentation and reports
32. Deactivate Command Posts

Critical incident Check List

Loss of utilities (Water, Electric, communication, etc)

(IMS Appendix H)
The Commander’s actions are not restricted or limited by the contents of this checklist. The
situation will determine the priority of actions taken.

ACTION TO BE TAKEN
REPORT:
1. Verify the facts
A. Location of the incident
B. Nature of incident
C. Identify staff involvement
D. Identify inmate involvement
E. Identify any injuries
F. Identify what utilities are lost/ Deliberate or Accident
2. Assess the situation to determine if the IMS should be activated.
3. Assess the situation to determine if the CAN (Community Alert
Network) should be activated
4. Notify effected Utility company to respond
5. Sound alarm
6. Announcement of Command
7. Restriction of Communication
8. Establish a log of the events
9. Lock down the facility
10. Conduct emergency count
11. Command notifications (Regional Office)
12. Health service notifications
13. Notify on duty staff of situation
14. Recall QRT
CONTAIN:
15. Secure entrance and exits
16. Initiate initial responders Team A
17. Ensure inner perimeter is in place _____, assign a leader ____,
adequately staffed and equipped ____, and communications
established ____.
18. Ensure Outer Perimeter is in place ____, assign a leader ____.
Adequately staffed and equipped ___, and Communications
Established ___.
19. Activate Command Center
20. Account for Staff, visitors and inmates
MOBILIZE:
21. Assign appropriate IMS functions
22. Gather information and evaluate situations
23. Notify local agencies as deemed necessary by the Incident
Commander. External Notifications (Emergency Support)

Critical incident Check List

Loss of utilities (Water, Electric, communication, etc)

(IMS Appendix H)
The Commander’s actions are not restricted or limited by the contents of this checklist. The
situation will determine the priority of actions taken.

24. Develop plan to restore affected utilities

25. Recall necessary staff
26. Assemble equipment, vehicles and weapons
27. Conduct facility operations assessments
RESPOND:
28. Deploy staff to affected area
29. Ensure following for area evacuation
A. Inner Perimeter
1. Route(s) of evacuation
2. Safety
3. Secure holding area(s)
4. Number of evacuees at a time
B. Outer Perimeter
1. Routes(s) of evacuation
2. Safety
3. Secure holding area(s)
4. Number of evacuees at a time
5. Staff for escort/containment/book up
30. Issue order for inmate to evacuate area specified routes and
numbers.
31. Debrief evacuees
32. Re-evaluate situation
A. Extent of damage or problem with utility
B. Estimate time frame to restore utility to normal
C. Evaluate need for evacuation plans
33. initiate resolutions actions
A. Utilize emergency resources until normal utility has been restored
B. If a water emergency determine the approximate amount needed
for food service, medical, sanitary needs, and personal usage
C. Activate evacuation plans/onsite/offsite
34. update and Evaluate Assessment of situation with effected utility
company
RECOVER:
35. Announce to all Command Notifications of resolutions actions
36. Conduct medical review
37. Account for all staff, visitors and inmates
38. Secure scene/area for investigation
39. Preserve all evidence
40. Conduct damage assessment
41. Repair/replace property

Critical incident Check List

Loss of utilities (Water, Electric, communication, etc)

(IMS Appendix H)
The Commander’s actions are not restricted or limited by the contents of this checklist. The
situation will determine the priority of actions taken.

42. Debrief staff and others involved

43. Return to update operations plan
44. Complete all documentation and reports
45. Deactivate Command Posts
Critical incident Check List

Outside Assault/Civil Disorder

(IMS Appendix I)
The Commander’s actions are not restricted or limited by the contents of this checklist. The
situation will determine the priority of actions taken.

ACTION TO BE TAKEN
REPORT:
1. Verify the facts
A. Location of the incident
B. Nature of incident
C. Identify staff involvement
D. Identify inmate involvement
E. Identify any injuries
2. Assess the situation to determine if the IMS should be activated.
3. Assess the situation to determine if the CAN (Community Alert
Network) should be activated
4. Sound alarm
5. Announcement of Command
6. Restriction of Communication
7. Establish a log of the events
8. Lock down the facility
9. Conduct emergency count
10. Command notifications (Regional Office)
11. Medical Department
12. Notify on duty staff of situation
13. Recall QRT
CONTAIN:
14. Secure entrance and exits
15. Initiate initial responders Team “A”
16. Ensure inner perimeter is in place _____, assign a leader ____,
adequately staffed and equipped ____, and communications
established ____.
17. Ensure Outer Perimeter is in place ____, assign a leader ____.
Adequately staffed and equipped ___, and Communications
Established ___.
18. Activate Command Center
19. Account for Staff, visitors and inmates
MOBILIZE:
20. Assign appropriate ICS functions
21. Gather information and evaluate situations
22. Notify local agencies as deemed necessary by the Incident
Commander. External Notifications (Emergency Support)
23. Develop plan to regain control

Critical incident Check List

Outside Assault/Civil Disorder

(IMS Appendix I)
The Commander’s actions are not restricted or limited by the contents of this checklist. The
situation will determine the priority of actions taken.

24. Recall necessary staff

25. assemble equipment, vehicles and weapons
26. Conduct facility operations assessments
RESPOND:
27. Deploy staff to affected area
28. Re-evaluate situation
A. Is it a violent situation or peaceful civil protest?
B. Determine if force is necessary to resolve
C. Ensure sufficient manpower and equipment are present
29. Initiate resolutions actions
A. If a threat to the security of the institution order those involved to
disperse
B. If order is ignored, coordinate plan of action with state and Local
Law Enforcement
RECOVER:
30. Announce to all Command Notifications of resolutions actions
31. Conduct medical review
32. Account for all staff, visitors and inmates
33. Secure scene/area for investigation
34. Preserve all evidence
35. Conduct damage assessment
36. Repair/replace property
37. Debrief staff and others involved
38. Return to update operations plan
39. Complete all documentation and reports
40. Deactivate Command Posts

STANDARD MINUMUN RULES FOR THE TREATMENT OF PRISONERS

Approved by the Economic and Social Council, 31 July 1957 (resolution 663 C I (XXIV)), on the
recommendation of the First Congress

PART 1: RULES OF GENERAL APPLICATION

Basic principle

The following rules are to be applied without discrimination on the grounds of race, color, sex,
language, religion, political opinions, national or social origin, property, birth or other status.

It is necessary, however, to respect religious beliefs of prisoners.

Register

A bound registration book shall be maintained with the identity, reasons for commitment and
day and hour of admission and release of prisoners.
Separation of Categories

Men and women in detention are to be held in separate facilities; likewise, untried and
convicted prisoners, those imprisoned for civil offences and criminal offenders, and youths and
adults shall be housed separately.

Accommodation

Cells for individuals should not be used to accommodate two or more persons overnight;
dormitory facilities are to be supervised at night.

Cells and prison dormitories should provide adequate space, ventilation, lighting and sanitary
facilities and are to be kept clean at all times.

Personal hygiene

Prisoners shall be provided with adequate water and toilet articles and required to keep
themselves clean.

Clothing and bedding

Prisoners not allowed to wear their own clothing are to be provided with an adequate and
suitable outfit, with provisions for laundry and changes of clothes.

Prisoners outside an institution for an authorized purpose are to be allowed to wear their own
clothing.

Every prisoner shall be provided with a separate bed and clean, separate and sufficient
bedding.

Food

Wholesome, well-prepared food is to be provided prisoners at usual hours.

Drinking water shall be available whenever needed.

Exercise and sport

If not employed in outdoor work, every prisoner shall have at least one hour of exercise in the open air,
weather permitting.

Young prisoners and other of suitable age and physique are to receive physical and recreational
training.

Medical services

A medical officer with some knowledge of psychiatry is to be available to every institution.

Prisoners requiring specialized treatment are to be transferred to a civil hospital or appropriate facility.

A qualified dental officer shall be available to every prisoner.

Prenatal and post-natal care and treatment are to be provided by women’s institutions; where
nursing infants are allowed to remain with their mothers, a nursery staffed by qualified persons
is needed.

Every prisoner shall be examined by the medical officer shortly after admission; prisoners suspected of
contagious diseases are to be segregated.

The medical officer shall see all sick prisoners daily, along with those who complain of illness or
are referred to his attention.

The medical officer is to report to the director on prisoners whose health is jeopardized by
continued imprisonment and on the quality of the food, hygiene, bedding, clothing and
physical regimen of the prisoners.

Discipline and punishment

Discipline shall be no more restrictive than what is necessary to ensure custody and order.

No prisoners shall be employed in a disciplinary capacity.

The types of conduct to be considered offences and punishment for them shall be set by law or
regulation and prisoners are to be allowed to defend themselves against charges.

Cruel, inhuman and/or degrading punishments, including corporal punishment and restriction
to a dark cell, shall be prohibited.

The medical officer is to be consulted before implementing any punishment that may
prejudicial to the physical or mental health of a prisoner.

Instruments of restraint

Handcuffs, strait-jackets and other instruments of restraint are never to be applied as a

punishment and irons and chains are not to be used as means of restraint.

Information to and complaints by prisoners

Upon admission, prisoners shall be informed of the regulations they are to live by and of
authorized channels for seeking information and making complaints.

Prisoners are to have the right to make complaints to the director of the institution, as well as
to the central prison administration and the judicial authority, in the proper form but without
censorship as to substance and they are to have the opportunity to speak directly to an
inspector of prisons outside the presence of institutional staff members.

Unless evidently frivolous, each complaint shall be replied to promptly.

Contact with the outside world

Prisoners are to be allowed regular contact with family and friends, by both correspondence
and personal visits.

Prisoners who are foreign nationals shall be allowed communication with diplomatic and
consular representatives of their State, or a State or international authority that has taken
charge of their interests.
Prisoners are to be kept informed of current events and important items of news.

Books

Every institution shall maintain for the use of prisoners a library with recreational and
instructional books.

Religion

If the institution contains a sufficient number of prisoners of the same religion, a qualified
representative of each religion shall be appointed to hold services and pay pastoral visits.

No prisoner shall be refused access to a qualified representative of a religion, nor shall he be

required to entertain a religious visit he objects to.

As far as is practicable, every prisoner is to be allowed to satisfy religious needs by attending services
and possessing books of observance and instruction.

Retention of prisoners’ property

Money, valuables and personal effects which prisoners are not allowed to keep in
their possession are to be kept in safe custody until the prisoner’s release.

Money or effects received by a prisoner from outside shall be treated the same way.

The medical officer is to decide what uses shall be made of drugs or medicine a prisoner brings with
him.

Notification of death, illness, transfer, etc.

The spouse or nearest relative shall be informed of the death, serious illness, injury or transfer of
a prisoner to an institution for treatment afflictions.

A prisoner is to be informed at once of the death or serious illness of any near relative. In cases of
critical illness, the prisoner is to be allowed to visit that relative.
Every prisoner shall have the right to inform his family at once of his imprisonment or transfer.

Removal of prisoners

Prisoners being transferred are to be protected from insult, curiosity or publicity.

Conveyances which subject prisoners being transferred to unnecessary hardship shall be prohibited.

Transport is to be at the expense of the prison administration and equal conditions shall obtain for
all prisoners.

Institution personnel

The administration shall carefully select every grade of personnel and maintain in their minds and
the public’s the important social service they provide.

To these ends, pay, conditions and benefits shall be suitable to professional and exacting service.

Personnel are to be sufficiently educated and to receive on going courses and training.

As far as possible, personnel should include psychiatric, social work and education professionals.

The director shall be a qualified administrator, retained on a full time basis and residing on the
premises or in the immediate vicinity.

Staff personnel are to be able to speak the language of the greatest number of prisoners and to
retain the services of an interpreter when necessary.

In larger institutions, at least one medical officer should reside on the premises or in the
immediate vicinity.

In others, a medical officer shall visit daily and reside near enough be available for emergencies.
In an institution for both men and women, the part set aside for women shall be under the
authority of a woman officer, who shall have custody of the keys that section.

Male officers shall enter the section for women only in the presence of a woman officer and
women prisoners shall be attended and treated only by women officers, without precluding
male doctors and teachers from carrying out their duties.

Officers shall not use force except in self-defense, cases of attempted escape or resistance to
an order based on law or regulation. Officers who have recourse to force must use no more
than is strictly necessary and must report the incident immediately.

Prison officers are to receive physical training in the use of force. As a general rule, they should
not carry weapons in the presence of prisoners.

Inspection

There shall be regular inspection of penal institutions.

PART 2: RULES APPLICABLE TO SPECIAL CATEGORIES

PRISONERS UNDER SENTENCE

Guiding principles

The prison system must not aggravate unnecessarily the suffering inherent in a prisoner/s loss
of self-determination and liberty.

Prisons should utilize all remedial, educational, medical and spiritual forms of
assistance to treat the prisoner’s needs and facilitate his return to society as a lawabiding member.

It is desirable to provide varying degrees of security according to the needs of different groups
of prisoners. Open prisons that rely on self-discipline as opposed to physical restraint are
preferable whenever possible.

Government or private agencies should be available for the after care of released prisoners.
Treatment

Treatment of prisoners under sentence shall be directed to achieve the capacity for law-abiding
and self-supporting lives, utilizing professional services whenever possible.

The director shall receive full reports on the mental, social and physical status of prisoners
under sentence of a suitable length directly after admission, keeping and updating this
information in individual files.

Classification and individualization

To separate from others those prisoners who are likely to exercise a negative influence and to
facilitate specialized treatment, prisoners are to be classified and kept so far as possible in
separate instructions or sections.

Privileges

Systems of privileges appropriate to different classes of prisoners shall be established to

encourage proper conduct and secure the cooperation of prisoners in their treatment.

Work

Prison labor must not be of an afflictive nature.

All prisoners under sentence shall be required to work, unless determined to be physically or medically
unfit.

So far as possible, the work should be of a full-time nature, conducive to vocational training and aligned
with the choice of prisoners.

The interests and vocational training of prisoners are of greater importance than making a financial
profit from their labor.

Institutional labor preferably will be directed by prison administrators rather than private
contractors. When prisoners are employed in work not controlled by the administration, they
should be under the supervision of the institution’s personnel and the administration should be
paid the normal wages for such work, unless the contractor is another government agency.

Precautions laid down to protect the safety and health of free workmen shall likewise be respected for
prison laborers.

Maximum days and hours of work shall be fixed by law or regulation, taking into account local
rules or customs regarding the employment of free workmen and to leave one rest day a week
and sufficient time for educational treatment.

Prisoners are to be remunerated equitably, allowed to spend part of their earnings on

approved articles for their own use, send a part to their families and set aside some in a savings
fund.

Education and creation

The ongoing education of prisoners is to be facilitated and schooling of illiterates and youthful
prisoners is to be considered compulsory.

Recreational and cultural activities are to be made available.

Social relations and after-care

Special attention shall be paid to maintaining and improving relations between a prisoner and
his family.

The prisoner should be encouraged and assisted in cultivating relations with persons or extra-
institutional agencies conducive to his rehabilitation and best interests after release.

Upon release, prisoners shall be provided with appropriate documents and identification
papers, be suitably clothed and have sufficient means to reach their immediate destinations.
They are to be assisted by services or agencies in locating suitable homes and work.
Representatives of such agencies shall have access to prisoners during their term of
incarceration and be taken into consultation as to the future of each prisoner from the
beginning of his sentence.

Insane and Mentally Abnormal Prisoners

Persons found to be insane are not to be detained in prisons.

Prisoners suffering from other mental abnormalities shall be observed and treated in
specialized institutions under medical management and steps shall be taken to ensure the
continuation of care after release.

Prisoners under arrest or awaiting trial

Unconvicted prisoners are presumed to be innocent and shall be treated as such.

They shall be held separately from convicted prisoners and the young kept separate from
adults.

Prisoners awaiting trial are to sleep singly in separate rooms.

They may have food procured at their own expense; otherwise, the administration shall provide
food.

An untried prisoner may procure at his own expense or that of a third party books, publications and
writing materials.

Treatment by an untried prisoner’s own doctor or dentist is to be allowed under reasonable grounds
and if the prisoner is willing to pay for the expenses incurred.

An untried prisoner shall be allowed to inform his family of his detention immediately after
arrest and communicate with and receive visits from family and friends.

He shall be allowed to apply for free legal aid where such aid is available and to consult with his
legal adviser regarding his defense. Such interviews may be within sight but not within the
hearing of a police or institution official.
Civil prisoners

Where law permits imprisonment for debt or by order of a non-criminal court, those so
imprisoned shall be subjected to no greater restriction or severity than necessary for safe
custody and good order. Their treatment shall be no less favorable than that accorded untried
prisoners, with the reservation that they may be required to work.

Persons arrested or imprisoned without charge

Persons arrested or imprisoned without charge shall be accorded the same protection as other
prisoners, without prejudice to the provisions of Article 9 of the International Covenant on Civil
and Political Rights.

CS-Form 01 Republic of the Philippines

DEPARTMENT OF THE INTERIOR AND LOCAL GOVERNMENT BUREAU OF JAIL MANAGEMENT
AND PENOLOGY
________________________________
(Region)
____________________________________________
(Name of Jail)
INMATE’S PROPERTY
RECEIPT # _________ ____________________
(Date)

Received from _____________________________________________________________

(Last) (First) (Middle Name)
Inmate No. _______________, who is charged with
______________________________the following property/ies:

Unit Description

______________________________
(Signature of Receiving Officer)

______________________________
Rank / Designation

ATTESTED: WITNESSED:

_________________________ _____________________________
(Signature of Inmate) (Signature of Witness)

____________________________
(Name of Witness)

Right Hand Thumbmarkof Inmate

* To be prepared in duplicate, typewritten of written in ink.

* Property to be returned to the Inmate upon his release.

CS-Form 02

Republic of the Philippines

DEPARTMENT OF THE INTERIOR AND LOCAL GOVERNMENT BUREAU OF JAIL
MANAGEMENT AND PENOLOGY
_____________________________
(Region)
_______________________________________
(Jail)

DESIGNATION FOR DISPOSITION OF PROPERTY

I, ________________________________________, being of sound mind, hereby designate the following person(s) to

receive all of my money and other personal (authorized) property in the event of my death while incarcerated. I
understand that I have the right to change the designee named below at any time during my incarceration with the
______________________________________. This instrument addresses monies and my personal property directly
under control of the ____________________________________ and becomes invalid upon my release from the
custody of the BJMP.

I also authorize the costs of shipping my property to be withdrawn from my trust account, if necessary.

1. Designee
______________________________ __________________________
Name Date
______________________________
Address
______________________________ __________________________
Phone Inmate Signature

2. Designee
______________________________ __________________________
Name Date
______________________________
Address
______________________________ __________________________
Phone Inmate Signature
ACKNOWLEDGEMENT

The foregoing instrument was acknowledged before me this _______________

______________by __________________________
Date Signature Over Printed Name of Inmate

__________________________ Notary / Administering Officer

CS-Form 03

BUREAU OF JAIL MANAGEMENT AND PENOLOGY

____________________

(Region)
______________________________

(Name of Jail)

CONTRABAND / EVIDENCE TAG

Control Log Reference Number

Number of Items Tagg ed

Description of Items

Precise Location Item was

Where Seized

Nature of Crime / Reason for Seizure

Date Item was Seized Time Item was Seized

INMATE/DEFENDANT/ACCUSED INFORMATION

NAME Nature of Offense Criminal Case No.

1.

2.

If other than Inmate:

Address

Witness/es (if any)

PRINTED NAME and SIGNATURE of

Reporting Officer Completing this Form:

CS-Form 03

Republic of the Philippines

DEPARTMENT OF THE INTERIOR AND LOCAL GOVERNMENT BUREAU OF JAIL
MANAGEMENT AND PENOLOGY

_____________________________

(Region)

_______________________________________

(Jail)

CHAIN OF CUSTODY

Contraband / Evidence Received By: _____________________________________

Contraband / Evidence Received From: ___________________________________

Date: ______________________________ Time:______________________

Contraband / Evidence Stored At: _______________________________________

Contraband / Evidence Received By: _____________________________________

Contraband / Evidence Received From: ___________________________________

Date: _____________________________ Time:______________________

Contraband / Evidence Stored At: _______________________________________

Contraband / Evidence Received By: _____________________________________

Contraband / Evidence Received From: ___________________________________

Date: ______________________________ Time:______________________

Contraband / Evidence Stored At: _______________________________________

Contraband / Evidence Received By: _____________________________________

Contraband / Evidence Received From: ___________________________________

Date: _____________________________ Time:______________________

Contraband / Evidence Stored At: _______________________________________

Contraband / Evidence Received By: _____________________________________

Contraband / Evidence Received From: ___________________________________

Date: ______________________________ Time:______________________

Contraband / Evidence Stored At: _______________________________________

Contraband / Evidence Received By: _____________________________________

Contraband / Evidence Received From: ___________________________________

Date: _____________________________ Time:______________________

Contraband / Evidence Stored At: _______________________________________

BUREAU OF JAIL MANAGEMENT AND PENOLOGY ________________________ (Region)

________________________
(Jail)

Allowable Property for Female Inmates

Name of Inmate ___________________________________________

Date committed ____________________

MAXIMUM ALLOWABLE
ITEM
QUANTITY
1 shirt/blouse (yellow shirt included)/sando 10
2 long pants/skirts 3
3 short pants 4
4 Panty 7
5 Brassiere 7
6 Socks 2 pairs
7 rubber/leather shoes 1 pair
8 slippers/sandals 1 pair
9 light bath towel 24 x 36 inches 1
10 plastic comb w/o handle 1
11 Pillow 1
12 pillow case 1
13 light blanket 48 x 52 inches 1
14 mosquito net 1
15 plastic drinking cup 1
16 plastic spoon 1
17 plastic fork 1
18 plastic plate 1
19 toothbrush with 1" handle (traveler’s) 1
20 soap case 1
21 Soap 1 bar
22 Shampoo 1 bottle/12 sachets
23 Toothpaste 1 tube
24 cologne/perfume 1 bottle
25 photo album 1
26 napkin/panty liners 1 pack/mo.
27 reading materials/pocketbooks 2 pcs.

BUREAU OF JAIL MANAGEMENT AND PENOLOGY

________________________ (Region)
________________________

(Jail)

Allowable Property for Male Inmates

Name of Inmate ___________________________________________

Date committed ____________________

MAXIMUM ALLOWABLE
ITEM
QUANTITY
1 Shirt (yellow shirt included) /sando 10
2 long pants 3
3 short pants 4
4 Brief 7
5 Socks 2 pairs
6 rubber/leather shoes 1 pair
7 Slippers 1 pair
8 light bath towel 24 x 36 inches 1
9 plastic comb w/o handle 1
10 Pillow 1
11 pillow case 1
12 light blanket 48 x 52 inches 1
13 mosquito net 1
14 plastic drinking cup 1
15 plastic spoon 1
16 plastic fork 1
17 plastic plate 1
18 toothbrush with 1" handle (traveler’s) 1
19 soap case 1
20 Soap 1 bar
21 Shampoo 1 bottle/12 sachets
22 Toothpaste 1 tube
23 cologne/perfume 1 bottle
24 photo album 1

Sample format of Spot Report

Republic of the Philippines

Department of the Interior and Local Government Bureau of Jail
Management and Penology

#144 Mindanao Ave., Project 8, Quezon City

MEMORANDUM

FOR :

SUBJECT : Spot Report

DATE :
1. (Indicate briefly the name, date, time and place of occurrence) Simply answering
the five (5) W’s and one (1) H.

2. (Brief facts of the case)

3. (Other related facts)

4. Initial action taken

5. Requested/recommended actions from National Headquarters, Regional Office

and Other Agency.

6. Progress report will follow

________________________
Signatory

Sample format of Progress Report

Republic of the Philippines

Department of the Interior and Local Government Bureau of Jail
Management and Penology

#144 Mindanao Ave., Project 8, Quezon City

MEMORANDUM

FOR :
SUBJECT : Progress Report

DATE :

1. Reference: (previous related Memos)

2. (Indicate briefly the name/date/time and place of occurrence) example

3. (Brief facts of the case)

4. (Other Facts)

5. Requested/recommended actions from NHQ/Regional Office/Other Agency.

6. Disposition/ Action Taken

7. Final Report will follow

____________________
Signatory Sample format of Final
Report

Republic of the Philippines

Department of the Interior and Local Government Bureau of Jail
Management and Penology

#144 Mindanao Ave., Project 8, Quezon City

MEMORANDUM

FOR :

SUBJECT : Final Report

DATE :
1. Reference: (previous related Memos)

2. (Indicated briefly the name, date/time, and place of occurrence)

3. Background/Brief facts of the case

4. Sequence of Events

5. Summary of Action

6. Recommendation/ Conclusion

7. Disposition/findings

8. For your information

_____________________
Signatory